Chapter 18.10C
CRITICAL AREAS CODE – FISH AND WILDLIFE HABITAT CONSERVATION AREAS
Sections:
18.10C.010 Permitted uses and activities.
18.10C.040 Application requirements.
18.10C.060 Specific standards.
18.10C.010 Permitted uses and activities.
Uses and activities allowed within designated fish and wildlife habitat conservation areas are those uses permitted by the zoning district, subject to the provisions of this chapter. (Ord. 1020 § 1, 2002).
18.10C.020 Classification.
A. All fish and wildlife habitat conservation areas shall be classified by the city to reflect the relative function, value and uniqueness of the habitat area as established through an approved habitat ranking evaluation submitted by the applicant for any development permit. The city may use the following information sources as guidance in identifying the presence of potential fish and wildlife habitat conservation areas and the subsequent need for a habitat boundary survey:
1. All sources identified in CMC 18.10A.050;
2. The city shoreline master program;
3. Washington Department of Fish and Wildlife priority habitat and species maps;
4. Previous habitat boundary surveys; and
5. On-site inspection.
B. Fish and wildlife habitat conservation areas shall be classified according to the following system:
1. Level 1 Critical. These are habitat areas which may be significantly disrupted by development in the immediate vicinity. Critical habitat may include winter ranges, migration routes, nesting sites, perches and wetlands, riparian, aquatic and upland habitat areas. These habitats are designated as critical habitat on the City of Cashmere Critical Area Reference Map: Fish and Wildlife Habitat Areas.
2. Level 2 Awareness. These habitat areas are those surrounding or adjacent to designated Level 1 Critical areas that, if disturbed, could impact the Level 1 area. These habitats are designated as awareness habitat on the City of Cashmere Critical Area Reference Map: Fish and Wildlife Habitat Areas. (Ord. 1020 § 1, 2002).
18.10C.030 Designation.
All existing areas of the city classified according to the provisions contained in this chapter, as determined by the city, are designated as fish and wildlife habitat conservation areas. (Ord. 1020 § 1, 2002).
18.10C.040 Application requirements.
Development permit applications shall provide appropriate information on forms provided by the city, including without limitation the information described below. Additional reports or information to identify potential impacts and mitigation measures to fish and wildlife habitat conservation areas may be required if deemed necessary.
A. Minor Development. Projects processed by the city according to the provisions governing limited administrative review within a fish or wildlife habitat conservation area or its buffer shall disclose, at a minimum, the following information on a site plan drawn to scale:
1. The location and boundaries of the habitat conservation area;
2. The location and dimensions of all existing and proposed buildings, roads and other improvements, and their physical relationship to the habitat conservation area;
3. The location and type of any proposed buffers, including the identification of any other protective measures.
B. Major Development. Projects processed by the city according to the provisions governing full administrative review or quasi-judicial review within a fish or wildlife habitat conservation area or its buffer shall provide the following information, in addition to the information described in subsection A of this section:
1. Habitat boundary survey and ranking evaluation as defined in this title;
2. Habitat management and mitigation plan as defined in this title;
3. A drainage and erosion control plan as defined in this title; and
4. A grading and excavation plan as defined in this title. (Ord. 1020 § 1, 2002).
18.10C.050 General standards.
The following minimum standards shall apply to all development activities occurring within designated habitat conservation areas and/or their associated buffers. For minor developments within a Level 2 Awareness area, as defined herein, the city may waive the requirements for management and mitigation plans where it is determined by the city that there will be little or no impact to the habitat conservation area.
A. Level 1 Critical habitat conservation areas will be left undisturbed, unless the development proposal involves appropriate mitigation and enhancement measures, as determined on a site-specific basis.
B. Level 2 Awareness habitat conservation areas will be afforded the maximum amount of protection possible through appropriate development techniques such as establishing critical area buffers, access limitations, enhancement of the habitat conservation areas, etc. To ensure long-term success of a project containing habitat conservation areas, a comprehensive habitat management and mitigation plan will be submitted to the city for its approval. Such plans will provide for sufficient monitoring and contingencies to ensure natural habitat conservation area persistence.
C. Whenever possible, the maximum amount of vegetation will be maintained in its natural state and will be disturbed only as minimally necessary for the development.
D. Riparian vegetation will not be removed unless there are no other alternatives available. When it is necessary, only those areas of vegetation that are absolutely unavoidable may be cleared, and shall be revegetated with natural riparian vegetation as soon as possible.
E. Revegetation of disturbed areas which re-establishes desirable native plants adapted to the site that enhance applicable fish and wildlife populations will be, at a minimum, encouraged, as specified in the conditions for approval of the development. Said revegetation will be maintained in good growing condition, as well as being kept free of noxious weeds.
F. When appropriate, fencing standards that protect wildlife, as well as providing for the operation and protection of a particular land use, may be part of the conditions placed on approval of a development application.
G. Access restrictions may be necessary which protect fish and wildlife habitat conservation areas, particularly during critical times of the year.
H. Particularly in instances where a development proposal involves more intense uses, all or part of the required open space (common and/or private) will be dedicated to fish and wildlife habitat conservation, based on the extent and importance of the habitat.
I. In certain instances it may be necessary to provide vegetation screenings and to provide controls on domestic animals to protect the function of critical habitat areas by reducing the potential for harassment from people and/or domesticated animals.
J. Appropriate buffer areas shall be maintained between all permitted uses and activities and designated habitat conservation areas.
1. All buffers shall be measured on a horizontal plane from the habitat edge, as established by the approved habitat boundary survey. For buffers adjacent to aquatic habitat, distances shall be measured from the ordinary high water mark (OHWM), or from the top of the bank where the OHWM cannot be identified. The distance of the buffer shall be increased to include stream-side wetlands which provide overflow storage for storm waters, feed water back to the water body during low flows or provide shelter and food for fish. In braided channels, the OHWM or top of bank shall be defined so as to include the entire stream feature.
2. All buffer areas shall be temporarily fenced between the construction activity and the buffer with a highly visible and durable protective barrier during construction to prevent access and protect the designated habitat conservation area and associated buffer. This requirement may be waived by the city if an alterative to fencing which achieves the same objective is proposed and approved.
3. Except as otherwise allowed, buffers shall be retained in their natural condition. Any habitat created, restored or enhanced as compensation for approved habitat alterations shall have the standard buffer required for the category of the created, restored or enhanced habitat.
4. The width of the buffer may be increased by the city for a development project on a case-by-case basis when a larger buffer is necessary to protect the designated habitat conservation area function and value. The determination shall be based on site-specific and project-related conditions which include without limitation:
a. The designated habitat conservation area is used for feeding, nesting and resting by species proposed or listed by the federal or state government as endangered, threatened, sensitive, candidate, monitor or critical; or if it is an outstanding potential habitat for those species or has unusual nesting or resting sites such as heron rookeries or raptor nesting trees;
b. The adjacent land is susceptible to severe erosion and erosion control measures will not effectively prevent adverse habitat impacts;
c. The proposed development adjacent to the designated habitat conservation area would be a high intensity land use.
5. Standard buffer widths may be modified by the city for a development proposal by averaging buffer widths based on a report submitted by the applicant and prepared by a qualified professional approved by the city (e.g., wildlife biologist), and shall only be allowed where the applicant demonstrates all of the following:
a. Averaging is necessary to avoid an extraordinary hardship to the applicant caused by circumstances peculiar to the property;
b. The designated habitat conservation area contains variations in sensitivity due to existing physical characteristics;
c. The width averaging will not adversely impact the designated habitat conservation area’s functional value;
d. The total area contained within the buffer after averaging is no less than that contained within the standard buffer prior to averaging; and
e. The buffer width shall not be reduced, at any location, by more than 25 percent of the required buffer described below, and in no case may the buffer be less than 25 feet in width.
K. Aquatic Habitat Conservation Areas. Aquatic habitat conservation areas are those riparian and water-ward areas which may support both fish and wildlife species. All development within designated aquatic habitat conservation areas shall comply with the following minimum standards:
1. Level 1 Critical Buffer Areas.
a. Minor development: 75 feet;
b. Major development: 100 feet.
2. Level 2 Awareness Buffer Areas.
a. Minor development: 50 feet;
b. Major development: 75 feet.
3. Land divisions within designated aquatic habitat conservation areas shall require a minimum lot frontage along the protective buffer or shoreline of 100 feet, measured in a straight line, and required buffer areas shall be dedicated as open space tracts, nonbuildable lot(s), buffer areas and/or common areas, with ownership and control transferred to a homeowner’s association.
L. Wildlife Conservation Areas. The width of a designated wildlife habitat conservation area buffer shall be as follows:
1. Level 1 Critical: 100 feet.
2. Level 2 Awareness: 75 feet. (Ord. 1020 § 1, 2002).
18.10C.060 Specific standards.
The following standards shall apply to the activity identified below, in addition to the general standards outlined in CMC 18.10C.050.
A. Docks. Construction of a dock, pier, moorage, float or launch facility may be authorized, subject to the following standards:
1. The dock/facility shall be in substantial conformance with the city shoreline master program;
2. The dock/facility and landward access shall not significantly alter the existing habitat or buffer vegetation; and
3. For all land divisions, dock/facilities shall be designed, designated and constructed for joint use.
B. Road Repair and Construction. When no other practical alternative exists, public or private road repair, maintenance, expansion or construction may be authorized within a designated habitat conservation area, subject to the following minimum standards:
1. The road shall serve multiple properties;
2. No significant adverse impacts to the designated habitat conservation area shall result from the repair, maintenance, expansion or construction of any public or private road;
3. The road shall provide for the location of public utilities, pedestrian or bicycle easements, viewing points, etc.; and
4. Road repair and construction is the minimum necessary to provide safe traveling surfaces.
C. Major Developments. All major developments processed by the city according to the provisions governing full administrative review or quasi-judicial review authorized within a designated habitat conservation area shall comply with the following minimum standards:
1. Inundated and/or submerged lands shall not be used in calculating minimum lot area for proposed lots;
2. A habitat management and mitigation plan shall be required for major developments containing Level 1 Critical habitat conservation areas, and may be required for major developments containing Level 2 Awareness habitat conservation areas;
3. All plats shall disclose the presence on each residential lot of one building site, including access, that is suitable for development and which is not within the designated habitat conservation area or its associated buffer;
4. All designated habitat conservation areas and their associated buffers shall be clearly identified on all final plats, maps, documents, etc.;
5. Designated habitat conservation areas and their associated buffers shall be designated and disclosed on the final plats, maps, documents, etc. as open space tracts, nonbuildable lots, buffer areas or common areas, with ownership and control transferred to a homeowner’s association. Associated habitat conservation area buffers may alternatively be designated and disclosed on the final plats, maps, documents, etc. as an easement or covenant encumbering the property.
D. Surface Water Management. When no other practical alternative exists, surface water management activities may be authorized within an aquatic habitat area, subject to the following minimum standard:
1. Aquatic habitat areas may be used for retention/detention facilities, subject to all of the following criteria:
a. The functions and water quality of the aquatic habitat area or buffer shall not be adversely impacted;
b. The rate of flow into or the hydro-period of the aquatic habitat area shall not increase above natural flow rates;
c. All surface water discharged from impervious surfaces shall be treated by oil/water separators prior to entering an aquatic habitat area or buffer; and
d. The temperature of the aquatic habitat area shall not be increased above natural temperatures.
2. New surface water discharges to wetlands from detention facilities, pre-settlement ponds, or other surface water management structures may be authorized, subject to all of the following criteria:
a. The discharge does not increase the rate of flow into or the hydro-period of the wetland above the natural rates;
b. All surface water discharged from impervious surfaces shall be treated prior to entering a wetland or buffer; and
c. The water quality of the wetland is not decreased.
E. Stream Crossings. Expansion or construction of stream crossings may be authorized within a designated habitat conservation area, subject to the following minimum standards:
1. Bridges are required for streams that support salmonids, unless culvert design and construction ensures proper passage opportunities;
2. All crossings using culverts shall use superspan or oversized culverts;
3. Crossings shall not occur in salmonid spawning areas unless no other feasible crossing site exists;
4. Bridge piers or abutments shall not be placed in either the floodway or between the ordinary high water marks unless no other feasible alternative placement exists;
5. Crossings shall not diminish flood carrying capacity; and
6. Crossings shall serve multiple properties whenever possible.
F. Trails and Trail-Related Facilities. Construction of public and private trails and trail-related facilities, such as picnic tables, benches, interpretive centers and signs, viewing platforms and campsites may be authorized within a habitat conservation area, subject to the following minimum standards:
1. Trail facilities shall, to the extent feasible, be placed on existing road grades, utility corridors, or any other previously disturbed areas;
2. Trail facilities shall minimize the removal of trees, shrubs, snags and important habitat features;
3. Viewing platforms, interpretive centers, campsites, picnic areas, benches and their associated access shall be designed and located to minimize disturbance of wildlife and/or critical characteristics of the designated habitat conservation area;
4. Trail facilities shall be located at least a distance equal to the width of the trail corridor away from the habitat conservation area, as established by the approved habitat boundary survey; and
5. All facilities shall be constructed with materials complementary to the surrounding environment.
G. Utilities. When no other practical alternative exists, construction of utilities within a designated habitat conservation area may be authorized, subject to the following minimum standards:
1. Utility corridors shall be jointly used;
2. Corridor construction and maintenance shall protect the designated habitat conservation area, and shall be aligned to avoid cutting trees greater than six inches in diameter at breast height when possible;
3. No pesticides, herbicides or other hazardous or toxic substances shall be used;
4. Utility corridors, including maintenance roads, authorized by the city, shall be located at least a distance equal to the width of the utility corridor away from the habitat area edge;
5. Corridors shall be revegetated to pre-construction densities with appropriate native vegetation immediately upon completion of construction, or as soon thereafter as possible given seasonal growing constraints. The utility purveyor shall provide an assurance device or surety in accordance with the CMC which ensures that such vegetation survives;
6. Any additional corridor access for maintenance shall be provided as much as possible at specific points rather than by parallel roads. If parallel roads are necessary they shall be no greater than 15 feet in width, and shall be contiguous to the location of the utility corridor on the side opposite the designated habitat conservation area;
7. Construction of sewer lines within designated habitat conservation areas which are necessary to meet state and/or local health code requirements shall not adversely impact the function and quality of the designated habitat conservation area. (Ord. 1020 § 1, 2002).