Chapter 18.12
RESOURCE LANDS/CRITICAL AREAS – GENERAL PROVISIONS

Sections:

18.12.010    Purpose.

18.12.020    Applicability.

18.12.030    Exemptions.

18.12.035    Trails and trail-related facilities.

18.12.040    Reference maps and inventories.

18.12.050    Disclosure.

18.12.060    Review process.

18.12.070    Mitigation, maintenance, monitoring and contingency.

18.12.080    Surety.

18.12.090    Special reports.

18.12.100    Special reports – Responsibility for completion.

18.12.110    Drainage and erosion control plan.

18.12.120    Geotechnical report.

18.12.130    Grading and excavation plan.

18.12.140    Reasonable use exceptions.

18.12.180    Definitions.

18.12.190    Interagency coordination.

18.12.200    Administration.

18.12.210    Warning and disclaimer of liability.

18.12.220    Civil penalties and enforcement.

18.12.230    Criminal penalties.

Prior legislation: Ord. 92-5.

18.12.010 Purpose.

The purpose of this chapter is to provide for reasonable protection of the natural environment, resource lands and the general public health, safety and welfare, and satisfy the requirements of RCW 36.70A.060 by:

A. Establishing standards to protect critical areas and to ensure no net loss of ecological function and value to shorelines of the state;

B. Protecting the general public, resources and facilities from injury, loss of life, property damage or financial loss due to flooding, landslides, or steep slopes failure;

C. Protecting unique, fragile and valuable elements of the environment including without limitation wildlife and its habitat;

D. Meeting the requirements of the National Flood Insurance program and maintaining East Wenatchee as an eligible community for federal flood insurance benefits;

E. Preventing cumulative adverse environmental impacts on water availability, water quality, groundwater, wetlands, rivers and streams;

F. Providing appropriate guidance and protection measures for addressing the needs and concerns associated with critical areas that help define the quality of life in East Wenatchee;

G. Encouraging the retention of open space and development of recreational opportunities, conserving fish and wildlife habitat, and increasing access to natural resource lands and water;

H. Implementing applicable mandated federal and state regulations; and

I. Best available science will be used where appropriate in determining appropriate measures to protect the functions and values of critical areas and for the preservation or enhancement of anadromous fisheries. (Ord. 08-02 § 3, 2008)

18.12.020 Applicability.

A. When a chapter reference is used, it shall be inclusive of the following:

1. Chapter 18.12 EWMC: Resource Lands/Critical Areas – General Provisions;

2. Chapter 18.12A EWMC: Resource Lands/Critical Areas – Frequently Flooded Areas;

3. Chapter 18.12B EWMC: Resource Lands/Critical Areas – Wetlands;

4. Chapter 18.12C EWMC: Resource Lands/Critical Areas – Fish and Wildlife Habitat Conservation Areas;

5. Chapter 18.12D EWMC: Resource Lands/Critical Areas – Geologically Hazardous Areas;

6. Chapter 18.12E EWMC: Resource Lands/Critical Areas – Aquifer Recharge Areas;

7. Chapter 18.12F EWMC: Resource Lands/Critical Areas – Mineral Resource Areas.

B. The provisions of this chapter shall apply to all development activities within the city of East Wenatchee. Any development authorized to alter the condition of any land, water or vegetation, or to alter or construct any building, structure or improvement, shall be in compliance with the requirements of this chapter.

C. When the provisions of this chapter or any other provisions of this code are in direct conflict with each other or with other federal or state regulations, the provision that is the most restrictive shall apply.

D. The administrator shall have broad authority and discretion to determine appropriate restrictions as applied by this chapter on existing lots of record for all development activity. (Ord. 08-02 § 3, 2008)

18.12.030 Exemptions.

All exempted activities shall use reasonable methods to avoid potential impacts to critical areas. To be exempt from this chapter does not give permission to degrade a critical area or ignore risk from natural hazards. Any incidental damage to, or alteration of, a critical area that is not a necessary outcome of the exempted activity shall be restored, rehabilitated, or replaced at the responsible party’s expense. The final determination of whether an activity is exempt is an administrative function with the determination to be made by the administrator.

A. Normal maintenance or repair of existing buildings, structures, roads or development, including damage by accident, fire or natural elements. Normal repair of buildings and structures involves restoring them to a condition comparable to the original condition including the replacement of walls, fixtures and plumbing; provided, that the value of work and materials in any 12-month period does not exceed 25 percent of the value of the structure prior to such work as determined by using the most recent ICBO construction tables, the repair does not expand the number of dwelling units in a residential building, the building or structure is not physically expanded, and, in the case of damaged buildings and structures, a complete application for repair is accepted by the department within six months of the event and repair is completed within the terms of the permit.

B. Emergency construction necessary to protect property from damage by the elements. An emergency is an unanticipated event or occurrence which poses an imminent threat to public health, safety, or the environment, and which requires immediate action within a time too short to allow full compliance. Once the threat to the public health, safety, or the environment has dissipated, the construction undertaken as a result of the previous emergency shall then be subject to and brought into full compliance with this chapter.

C. The normal maintenance and repair of culverts and bridges that does not involve the use of heavy equipment, and that does not require permit issuance from other local, state or federal agencies.

D. Projects for restoration, rehabilitation or enhancement of ecological functions and values of critical areas may be allowed within critical areas and their buffers upon approval of a restoration and mitigation plan in accordance with the provisions of this chapter and subject to the approval of applicable state agencies. Such activities may include: restoration or enhancement programs in an adopted shoreline restoration plan adopted in accordance with Chapter 173-26 WAC; a watershed plan adopted in accordance with Chapter 90.82 RCW; a watershed restoration project in conformance with RCW 89.08.460; a salmon recovery plan on the salmon recovery board project list; or a project identified by the Washington State Department of Fish and Wildlife as essential for fish and wildlife habitat protection or enhancement in accordance with RCW 77.55.290.

E. Activities undertaken to comply with a United States Environmental Protection Agency Superfund related order, or a Washington State Department of Ecology order pursuant to the Model Toxics Control Act that specifically preempts local regulations in the findings of the order. (Ord. 08-02 § 3, 2008)

18.12.035 Trails and trail-related facilities.

Construction of public and private community trails and trail-related facilities, such as picnic tables, benches, interpretive centers and signs, viewing platforms and campsites may be authorized within designated resource lands and critical areas, subject to the following minimum standards:

A. Trail facilities shall, to the extent feasible, be placed on existing road grades, utility corridors, or any other previously disturbed areas;

B. Trail facilities shall minimize the removal of trees, shrubs, snags and important habitat features. Vegetation management performed in accordance with best management practices as part of ongoing maintenance to eliminate a hazard to trail users is considered consistent with this standard;

C. 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 affected conservation area;

D. All facilities shall be constructed with materials complementary to the surrounding environment;

E. The trail facility shall be located in the outer 25 percent of the buffer area and shall not exceed 10 feet in width;

F. Review and analysis of a proposed trail facility shall demonstrate no net loss of ecological functions and values in conformance with this chapter.

G. Trail facilities shall not be exempt from special report requirements, as may be required by this chapter. (Ord. 08-02 § 3, 2008)

18.12.040 Reference maps and inventories.

The distribution of critical areas within East Wenatchee is described and displayed in reference materials and on maps maintained by the department. These reference materials, in the most current form, are intended for general information only and do not depict site-specific designations. They are intended to advise East Wenatchee staff, applicants and other participants in the development permit process that a resource land or critical area may exist and that further study, review and consideration may be necessary. These reference materials shall include but are not limited to the following:

A. Maps.

1. Natural Resource Conservation Service Soils Maps and Data, updated in 2007, as amended.

2. WSDOT/Douglas County Pit Sites, as amended.

3. Douglas County Steep Slopes Maps and Data, as amended.

4. Flood Insurance Rate Maps (1978, 1982 and 1985).

5. U.S. Fish and Wildlife Service National Wetlands Inventory, as amended.

6. U.S.G.S. 7.5 Minute Series Topographic Quadrangle Maps.

7. Aerial photos.

8. WDFW Priority Habitats and Species and Wildlife Heritage Maps and Data, 2001, as amended.

9. WDNR Liquefaction Susceptibility and Site Class Maps.

10. Stream functional types developed using the U.S.G.S. hydrology dataset and aerial photo interpretation of riparian vegetation presence by Chuck Jones, Alliance Consulting Group, Inc., 2007.

B. Documents.

1. Special reports previously completed for the subject property may be used if the site conditions are the same as observed in the previously developed report.

2. The Flood Insurance Study for the Unincorporated Areas (1978, revised 1982).

3. Greater East Wenatchee Area Comprehensive Plan, as amended.

4. Douglas County Countywide Comprehensive Plan, as amended.

5. Douglas County Regional Shoreline Master Program, as amended.

6. Natural Resources Conservation Service Soil Survey – Douglas County Soils Survey.

7. Federal Wetlands Delineation Manual (1987, as amended).

8. Washington State Wetlands Identification and Delineation Manual (WDOE #96-94, March 1997, as amended).

9. Washington State Wetlands Rating System for Eastern Washington – Revised (WDOE 04-06-015, as amended).

10. Wetlands Buffers: Use and Effectiveness (WDOE #92-10, as amended).

11. Management Recommendations for Washington’s Priority Habitats and Species, May 1991, as amended.

12. Management Recommendations for Washington’s Priority Habitats – Riparian, December 1997, as amended.

13. Priority Habitats and Species List, July 1999, as amended.

14. U.S. Army Corps of Engineers (2006), Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region. Wetlands Regulatory Assistance program, Environmental Lab ERDC/EL TRT-06-16, as amended.

15. Wetlands in Washington State – Volume 1: A Synthesis of the Science, Washington State Department of Ecology, Publication #05-06-006.

16. Wetlands in Washington State – Volume 2: Guidance for Protecting and Managing Wetlands, Washington State Department of Ecology, Publication #05-06-008. (Ord. 08-02 § 3, 2008)

18.12.050 Disclosure.

The presence of any known or suspected critical areas on or within 150 feet of property that is the subject of a development permit shall be identified by the applicant in the application materials submitted to East Wenatchee. (Ord. 08-02 § 3, 2008)

18.12.060 Review process.

Provisions of this chapter shall be considered and applied appropriately during development permit application reviews initiated under applicable titles of this code. Review of development within frequently flooded areas, fish and wildlife habitat conservation areas and wetlands and any associated buffers that does not require a development permit application shall be subject to the provisions of EWMC 18.12.090(C). (Ord. 08-02 § 3, 2008)

18.12.070 Mitigation, maintenance, monitoring and contingency.

A. Mitigation, maintenance, monitoring and contingency plans shall be implemented by the developer to protect resource lands, critical areas and their buffers as specified by each chapter of this title.

B. The property owner shall be responsible for reporting to the department and undertaking appropriate corrective action when monitoring reveals a significant deviation from predicted impacts or a failure of mitigation or maintenance measures. (Ord. 08-02 § 3, 2008)

18.12.080 Surety.

The purpose of this section is to allow individuals developing property to post a performance assurance device in a sufficient amount to guarantee and warranty the construction of required improvements and protect public property.

A. All improvements shall be fully completed prior to the final approval of a development permit, land divisions, issuance of a certificate of occupancy or actual occupancy, as directed by applicable codes or regulations, unless an alternative performance assurance device, a contractual agreement, an agreement and partial funding for a local improvement district (LID), or bond between the developer and the city has been executed and approved in accordance with this section.

B. The performance assurance device shall be approved by the administrator and/or the city engineer, as appropriate, and shall be in a form acceptable to the city attorney. Performance assurance devices shall take the form of one of the following:

1. A surety bond executed by a surety company authorized to transact business in the state in a form approved by the city; or

2. Cash.

C. The performance assurance device shall be for a period of not more than one year for each phase of the development, unless a time schedule for the performance assurance device is approved by the review authority. The time period may be extended depending on the type of project and phasing schedule.

D. The value of the device shall equal at least 125 percent of the estimated cost of the required improvements and shall be utilized by the city to perform any necessary work, to reimburse the city for performing any necessary work, and to reimburse the city for documented administrative costs associated with action on the device. If costs incurred by the city exceed the amount provided by the assurance device, the property owner shall reimburse the city in full, or the city may file a lien against the subject property for the amount of any deficit. If the amount of the bond or cash deposit exceeds the cost and expense incurred by the city, the remainder shall be released.

E. If a performance assurance device is employed, the property owner shall provide the city with a nonrevocable notarized agreement granting the city and its agents the right to enter the property and perform any required work remaining uncompleted at the expiration of the completion date(s) identified in the assurance device.

F. Upon completion of the required work by the property owner and approval by the city, at or prior to expiration of the completion date(s) identified in the assurance device, the city shall promptly release the device or evidence thereof. (Ord. 08-02 § 3, 2008)

18.12.090 Special reports.

A. In order to maintain and protect critical areas, as well as to assist in classifying and designating such areas, site-specific environmental information will be required when evaluating a development proposal.

B. Special reports shall be submitted for review and approval in conjunction with development applications when required by the review authority. Each chapter dealing with a specific resource or critical area contains a description of when special reports may be required.

C. When no other application review process is required, final special reports shall be reviewed and approved administratively. (Ord. 08-02 § 3, 2008)

18.12.100 Special reports – Responsibility for completion.

The preparation of special reports or tests required by this chapter is the responsibility of the applicant. Costs incurred by the city to engage technical consultants or for staff review and interpretation of data and findings submitted by or on behalf of the developer or applicant shall be reimbursed by the applicant in accordance with a schedule adopted by the city council. (Ord. 08-02 § 3, 2008)

18.12.110 Drainage and erosion control plan.

During project development the following standards apply:

A. All drainage and erosion control plans shall be prepared by or under the direction of a professional engineer licensed to practice in Washington State.

B. All drainage and erosion control plans shall address methods to minimize erosion and contain soil movement within the project boundaries during construction and to provide for stormwater drainage from the site and its surroundings during and after construction.

C. All drainage and erosion control plans shall be prepared in conformance with the Stormwater Management Manual for Eastern Washington as adopted by this code, as amended. (Ord. 08-02 § 3, 2008)

18.12.120 Geotechnical report.

A. All geotechnical reports shall be prepared by a civil engineer licensed to practice in the state of Washington.

B. A geotechnical report shall include a description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinions and recommendations on the suitability of the site to be developed. The report shall evaluate the actual presence of geologic conditions giving rise to the geologic hazard, and an evaluation of the safety of the proposed project, and identification of construction practices, monitoring programs and other mitigation measures necessary. A bibliography of scientific citations shall be included as necessary.

C. The review authority may waive the requirement for the report if, in his/her opinion, the proposed development would not cause significantly adverse geological impacts, or there is adequate geological information available on the area proposed for development to determine the impacts of the proposed development and appropriate mitigating measures. (Ord. 08-02 § 3, 2008)

18.12.130 Grading and excavation plan.

All grading and excavation plans shall be prepared by a civil engineer licensed to practice in the state of Washington, and shall contain the following information:

A. A cover sheet showing the general vicinity and specific location of work, the name and address of the owner and the licensed civil engineer who prepared the plans;

B. Property limits and accurate contours of existing ground and details of terrain and area drainage;

C. Limits of proposed excavation and fill sites, finished contours and proposed drainage systems and/or facilities, including an estimated runoff served by the systems and/or facilities;

D. Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures located on adjacent properties which are within 15 feet of the property boundary;

E. Recommendations included in any soils engineering report and/or an engineering geology report shall be incorporated in the grading plans or specifications. (Ord. 08-02 § 3, 2008)

18.12.140 Reasonable use exceptions.

If the application of this chapter would preclude all reasonable economic use of the subject property, the applicant may apply for a reasonable use exception in accordance with the following provisions:

A. Processing. The reasonable use exception shall be processed as a Type III permit under the provisions of Chapter 17.88 EWMC for variances. The findings required in EWMC 17.88.050(A)(1) and (2) are not applicable to reasonable use exceptions.

B. Definition. “Reasonable economic use” means the minimum use to which a property owner is entitled under applicable state and local regulations to avoid a taking and/or violation of substantive due process. Reasonable use shall be liberally construed to protect the constitutional property rights of the applicant.

C. Information Required. An application for a reasonable use exception shall be in writing to the administrator and shall include the following information:

1. A description and map of the area of the site which is within a resource lands/critical area or within the setbacks or buffers as required under those chapters;

2. The area of the site which is regulated under the respective setbacks (minimum yards), buffers, and maximum impermeable surface and hard surface coverage of the applicable city code;

3. An analysis of the impact that the amount of development proposed would have on the critical area as defined under this chapter;

4. An analysis of whether any other reasonable use with less impact on the critical area and buffer area, as required, is possible;

5. A design of the project as proposed as a reasonable use so that the development will have the least practicable impact on the critical area;

6. A description and analysis of the modification requested of the minimum requirements of this title to accommodate the proposed development;

7. Such other information as may be required by the department which is reasonable and necessary to evaluate the reasonable use respective to the proposed development.

D. Findings for Approval of Reasonable Use Exception. If an applicant successfully demonstrates that the requirements of the applicable critical areas regulations would deny all reasonable economic use of a site, development may be permitted. At a minimum, the hearing examiner shall make written findings as follows:

1. That the application of this title would deny all reasonable economic use of the subject property; and

2. The inability of the applicant to derive a reasonable use of the property is not the result of actions taken by the applicant and/or property owner(s) after the effective date of the ordinance codified in this title, March 5, 2008; and

3. There is no other reasonable use of the subject property with less impact on the critical area; and

4. The proposed development does not present a threat to the public health, safety or welfare; and

5. Impacts to critical areas and buffers are mitigated consistent with the purpose and standards of this chapter to the greatest extent feasible; and

6. Any modification of the requirements of this title shall be the minimum necessary to allow for the reasonable use of the property; and

7. That all other provisions of this chapter apply excepting that which is the minimum necessary to allow for the reasonable use of the subject property. The hearing examiner may impose any reasonable conditions on the granting of the reasonable use exception, consistent with the minimum requirements of this chapter.

E. Burden of Proof. The burden of proof shall be on the applicant to bring forth substantial evidence in support of the application for consideration by the hearing examiner in reaching a decision on the application.

F. Conditions of Approval. In granting a reasonable use exception, the hearing examiner may impose any condition(s) necessary to ensure that the development is consistent with the intent of this title. (Ord. 17-07 § 7, 2017)

18.12.180 Definitions.

The following terms shall have the following meanings when used in this chapter and in other places in this code unless another meaning is clear from the use of the term:

1. “Adaptive management program” is a formal and deliberate scientific approach to taking action and obtaining information in the face of uncertainty.

2. “Alluvial fan” means a relatively flat to gently sloping mass of loose rock materials, shaped like an open fan or a segment of a cone, that has been deposited by a stream or debris flow at the place where it issues from a narrow mountain valley upon a plain or broad valley.

3. “Alluvium” is a general term for clay, silt, sand, gravel, or similar unconsolidated detrital materials, deposited during comparatively recent geologic time by a stream or other body of running water, as a sorted or semisorted sediment in the bed of the stream or on its floodplain or delta.

4. “Alteration” means any human induced change in an existing condition of a shoreline, critical area and/or its buffer. Alterations include, but are not limited to, grading, filling, channelization, dredging, clearing vegetation, draining, construction, compaction, excavation, or any other activity that changes the character of the area.

5. “Aquatic habitat” means habitat for fish and other aquatic organisms within bodies of water, particularly lakes, streams or rivers.

6. “Aquaculture” means the farming or culture of food fish, or other aquatic plants or animals and may require development such as fish hatcheries, rearing pens, and structures, as well as use of natural spawning and rearing areas. The term “aquaculture” also includes activities related to either growing, handling, or harvesting of aquatic produce, including, but not limited to, propagation, stocking, holding, nurturing, disease treatment, waste disposal, water use, development of habitat and structures.

7. “Aquifer” means a porous water-bearing geologic formation generally restricted to materials capable of yielding groundwater to wells or springs.

8. “Aquifer recharge areas” means those areas which serve as critical groundwater recharge areas and which are highly vulnerable to contamination from intensive land uses within these areas.

9. “Aquifer sensitive area” means the area from which water runoff directly recharges the aquifer, including the surface over the aquifer itself, and the hillside areas immediately adjacent to an aquifer.

10. “Beach” means a nearly level stretch of pebbles and/or sand beside a body of water that may be artificially created or created by the action of the water.

11. “Bedding surface” means a surface, typically conspicuous, within a mass of stratified rock, representing an original surface of deposition; the surface of separation or interface between two adjacent beds of sedimentary or volcanic rock. If the surface is more or less regular or nearly planar, it is called a bedding plane.

12. “Bedrock” is a general term for the rock, typically hard, consolidated geologic material, that underlies soil or other unconsolidated, superficial material.

13. “Best available science” is the information obtained from local, state or federal agencies for use in the development and implementation of critical area policies and regulations consistent with WAC 365-195-900 through 365-195-925. This information may also be obtained through the use of a qualified professional to identify scientific information, determine best available science and assess its applicability.

14. “Best management practices” (BMPs) means conservation practices or systems of practices and management measures that:

a. Control soil loss and reduce water quality degradation caused by high concentrations of nutrients, animal waste, toxins, and sediment;

b. Minimize adverse impacts to surface water and groundwater flow, circulation patterns, and to the chemical, physical, and biological characteristics of wetlands;

c. Protect trees and vegetation designated to be retained during and following site construction; and

d. Provide standards for proper use of chemical herbicides within critical areas.

15. “Biofiltration” means the process of reducing pollutant concentrations in water by filtering the polluted water through biological materials.

16. “Biologist” means an individual who has earned at least a bachelor of science degree in biological sciences from an accredited college or university, and has at least four years of professional experience as a biologist.

17. “Boat ramp” means a structure constructed of concrete or other material, which extends waterward of the ordinary high water mark.

18. “Breakwater” means a protective structure, generally built offshore to protect harbor areas, moorages, navigation, beaches and bluffs from wave action. They may be fixed, open-pile or floating.

19. “Buffer, critical area” means the zone contiguous with a critical area that is required for the continued maintenance, function, and structural stability of the critical area.

20. “Buffer, transition area (land use)” means an area of land or a structure that is used or created for the purpose of insulating or separating a structure or land use from other structures or uses in such a manner as to reduce or mitigate any adverse impacts of one on the other.

21. “Bulkhead” means an upright partition that is watertight; a retaining wall.

22. “Building envelope” means the area of a lot that delineates the limits of where a building(s) may be placed on a lot.

23. “Buoy” means a floating object anchored in water to warn of rocks, etc., or to mark a channel.

24. “Clearing” means any removal of trees, brush, grass, ground cover or other vegetative matter from a site that exposes the soil at the site.

25. “Colluvium” is a general term applied to a loose mass of soil and rock that slowly creeps downslope and collects at the base of slopes.

26. “Compensatory mitigation” means a mitigation project for the purpose of replacing, at an equivalent or greater level, unavoidable impacts that remain after all appropriate and practicable avoidance and minimization measures have been implemented. Compensatory mitigation includes, but is not limited to, wetland creation, restoration, enhancement, and preservation; stream restoration and relocation, rehabilitation; and buffer enhancement.

27. “Consolidation” means a process whereby loosely aggregated, soft or liquid earth materials become firm and coherent rock.

28. “Constructed wetlands or watercourses” means those wetlands or watercourses which an applicant can demonstrate were intentionally created from nonwetland or nonwatercourse sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention and retention facilities, wastewater treatment facilities, farm ponds and landscape amenities; and does not mean those wetlands and watercourses created through compensatory mitigation.

29. “Critical areas” include the following areas and ecosystems:

a. Wetlands;

b. Aquifer recharge areas;

c. Frequently flooded areas (flood hazard areas);

d. Geologically hazardous areas; and

e. Fish and wildlife habitat conservation areas. “Fish and wildlife habitat conservation areas” does not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of and are maintained by a port district or an irrigation district or company.

30. “Debris avalanche” means a rapid and sudden sliding or flow of rock materials; or the deposits of such materials.

31. “Debris flow” means a moving mass of rock fragments, soil and mud, more than half of the particles being larger than sand size. Rapid debris flows can move up to 160 kilometers per hour.

32. “Debris torrent” means a violent and rushing mass of water, logs, boulders and other debris.

33. “Ecological functions” or “shoreline functions” means the work performed or role played by the physical, chemical, and biological processes that contribute to the maintenance of the aquatic and terrestrial environments that constitute the shoreline’s natural ecosystem. See WAC 173-26-200(2)(c). Functions include, but are not limited to, habitat diversity and food chain support for fish and wildlife, groundwater recharge and discharge, high primary productivity, low flow stream water contribution, sediment stabilization and erosion control, storm and flood water attenuation and flood peak desynchronization, and water quality enhancement through biofiltration and retention of sediments, nutrients, and toxicants. These beneficial roles are not listed in order of priority.

34. “Earthflow” means a mass-movement landform and process characterized by downslope translation of soil and weathered rock over a discrete basal shear surface within well defined lateral boundaries. Earthflows grade into mudflows through a continuous range associated with increasing water contact.

35. “Enhancement” means actions performed within a shoreline, critical area and/or buffer to intentionally increase or augment one or more functions or values of the existing area. Enhancement actions include, but are not limited to, increasing plant diversity and cover, increasing wildlife habitat and structural complexity (snags, woody debris), installing environmentally compatible erosion controls, or removing nonindigenous plant or animal species.

36. “Ephemeral stream” means a stream that has flowing water only during, and for a short duration after, precipitation events in a typical year. Ephemeral stream beds are located above the water table year-round. Groundwater is not a source of water for the stream. Runoff from rainfall is the primary source of water for stream flow.

37. “Erosion hazard area” means any area identified by the soil conservation service in the

Douglas County Soil Survey as the same exists now, or may be hereafter amended, as having a moderate or high hazard for water erosion or for soil blowing.

38. “Erosion/sedimentation control” means any temporary or permanent measure taken to reduce airborne or waterborne erosion; control siltation and sedimentation.

39. “Excavation” means any act by which soil, sand, gravel, rock or any similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting therefrom.

40. “Exotic” means any species of plants or animals that is not indigenous to the area.

41. “Extraordinary hardship” means strict application of this chapter and/or programs adopted to implement this chapter by the city of East Wenatchee would prevent all reasonable economic use of the parcel.

42. “Farm ponds” are small water bodies whose initial creation was for use with an associated agricultural operation, such as irrigation for a crop. This does not include natural water bodies altered to serve an agricultural operation, such as dams created to artificially elevate a lake or pond, or on a perennial stream course.

43. “Fault” means a fracture or a zone of fractures along which there has been displacement of the sides relative to each other.

44. “Feasible alternative” means a substitute action that is available and reasonably capable of being carried out after taking into consideration existing technology and logistics in light of overall project purposes, and that has less impact to critical areas. Cost shall not be the sole basis for determining feasibility.

45. “Fault plane” means a fault surface that is more or less planar.

46. “Fish and wildlife habitat conservation” means land management for maintaining species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created. This does not mean maintaining all individuals of all species at all times, but it does mean that cooperative and coordinated land use planning is critically important in the city.

47. “Fish and wildlife habitat conservation areas” include:

a. Areas with which endangered, threatened, and sensitive species have primary association;

b. Habitats and species of local importance;

c. Commercial and recreational shellfish areas;

d. Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat;

e. Waters of the state;

f. Lakes, ponds, streams and rivers planted with game fish by a governmental or tribal entity; or

g. State natural area preserves and natural resource conservation areas.

48. “Floats” means detached, anchored structures that are free to rise and fall with water levels.

49. “Flood hazard area” means an area of special flood hazard as defined in EWMC 15.44.070. These areas include, but are not limited to, streams, rivers, lakes, coastal areas, wetlands, and the like and other areas in the floodplain of the city subject to a one percent or greater chance of flooding in any given year.

50. “Functions,” “beneficial functions,” or “functions and values” means the beneficial roles provided by critical areas which include, but are not limited to, water quality protection and enhancement; fish and wildlife habitat; food chain support; flood storage, conveyance, and attenuation (the slow release) of flood waters; groundwater recharge and discharge; erosion control; wave attenuation; protection from natural hazards; historical, archaeological, and aesthetic value protection; and recreation.

51. “Geologically hazardous area” means an area that, because of its susceptibility to erosion, sliding, earthquake or other geological event, is not suited to the siting of commercial, residential or industrial development consistent with public health or safety concerns. Geologically hazardous area includes any erosion hazard area, landslide hazard area, seismic hazard area, mine hazard area, and volcanic hazard area.

52. “Geologist” means a practicing geologist licensed as a professional geologist pursuant to Chapter 18.22 RCW.

53. “Geologist, engineering geologist, or hydrogeologist” means an individual licensed as a geologist pursuant to Chapter 18.22 RCW.

54. “Gradient” means a degree of inclination, or a rate of ascent or descent, of an inclined part of the earth’s surface with respect to the horizontal; the steepness of a slope. It is expressed as a ratio (vertical to horizontal), a fraction (such as meters/ kilometers or feet/miles), a percentage (of horizontal distance), or an angle (in degrees).

55. “Grading” means any stripping, cutting, filling, or stockpiling of earth or land, including the land in its cut or filled condition, to create new grades.

56. “Groins” means a barrier type of structure extending from the backshore or stream bank into a water body for the purpose of the protection of a shoreline and adjacent uplands by influencing the movement of water or deposition of materials.

57. “Groundwater” means underground water usually found in aquifers, and usually originating from infiltration.

58. “Handling or processing of hazardous substances” means the use, dispensing, wholesaling, retailing, compounding, manufacture, storage, treatment or synthesis of hazardous substances in quantities greater than five gallons in volume per individual container.

59. “Hazardous substance” means any liquid, solid, gas or sludge, including any material, substance, product, commodity or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste as defined by Chapter 173-303 WAC.

60. “Hearing body” means the planning commission, city council or hearing examiner.

61. “High intensity land use” means land uses which are associated with moderate or high levels of human disturbance or substantial wetland habitat impacts including, but not limited to, urban residential densities, active recreation uses, and commercial and industrial land uses.

62. “Holocene epoch” means an epoch of the Quarternary period, from the end of the Pleistocene, approximately 10,000 years ago, to the present time.

63. “In-kind compensation” means to replace critical areas with substitute areas whose characteristics and functions mirror those destroyed or degraded by a regulated activity.

64. “Impervious surface” means those hard surfaces that prevent or retard the entry of water into the soil. Such surfaces include, but are not limited to, rooftops, asphalt or concrete paving, driveways, parking lots, walkways, patio areas or storage areas, which similarly affect the natural infiltration.

65. “Improvements” means road grading or graveling, utility installation, recreational features, lot grading prior to building permit issuance, permanent plat and survey monuments, road pavement, curb and sidewalks, pedestrian ways, landscaping, and other required or necessary facilities.

66. “Infiltration” means the passage or movement of water into the soil surface.

67. “Intermittent stream” means a stream that has flowing water during certain times of the year, when groundwater provides water for stream flow. During dry periods, intermittent streams may not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow.

68. “Intervening ownership” means a separate lot owned by one or more parties which because of its location severs another lot into multiple portions. Existing public road right-of-way encumbrances shall be considered an intervening ownership only as it relates to the bisection of a parcel of land.

69. “Invasive species” means a species that is (a) nonnative (or alien) to Douglas County and (b) whose introduction causes or is likely to cause economic or environmental harm or harm to human health. Invasive species can be plants, animals, and other organisms (e.g., microbes).

70. “Jetties” means structures generally built singly or in pairs perpendicular to the shoreline at harbor entrances or river mouths to prevent shoaling and accretion of littoral sand drift. They also protect channels and inlets from crosscurrents and storm waves.

71. “Joint” means a surface fracture or parting in a rock, without lateral displacement; the surface is usually planar and commonly occurs in groups to form a joint set.

72. “Joint system” means two or more groups of joint sets that intersect.

73. “Lahar” means a mudflow or debris flow (mass movement) composed chiefly of volcaniclastic materials on the flank of a volcano. The debris carried in the flow includes pyroclasts, blocks from primary lava flows, and other rock debris.

74. “Land alteration” means activities pertaining to the clearing or moving of land and earthwork, including compaction, excavation, grading, filling, stockpiling, striping and/or scarification of a site.

75. “Landslide” is a general term covering a wide variety of mass movement landforms and processes involving the downslope transport, under gravitational influence, of soil and rock material en masse. Included are debris flows, debris avalanches, earthflows, mudflows, slumps, mudslides, rock slides and rock falls.

76. “Landslide hazard area” means an area subject to landslides based on a combination of geologic, topographic, and hydraulic factors. A landslide hazard area includes any area susceptible because of any combination of bedrock, soil, slope (gradient), slope aspect, structure, hydrology or other factors. The other factors may include, but are not limited to, the following:

a. Areas designated as slumps, earthflows, mudflows, lahars, or landslides on maps published by the United States Geological Survey or Department of Natural Resources Division of Geology and Earth Resources;

b. Slope stability maps for East Wenatchee urban area, provided by the Department of Natural Resources Division of Geology and Earth Resources;

c. City of East Wenatchee critical areas inventory maps as the same exist now or may be hereafter developed and/or amended;

d. Areas with all the following characteristics, including slopes steeper than 15 percent, hillsides intersecting geologic contacts with a relatively permeable sediment overlying a relatively impermeable sediment or bedrock, and springs or groundwater seepage;

e. Any areas of old landslide deposits;

f. Slopes that are parallel or subparallel to planes of weakness, such as bedding planes, joint systems, and fault planes, in subsurface materials;

g. Areas potentially unstable as a result of rapid stream incision, stream bank erosion, and undercutting by wave action;

h. Areas that show evidence of, or are at risk, from snow avalanches;

i. Areas located in a canyon, ravine or bluff; and

j. Any area with a slope of 35 percent or steeper and with a vertical relief of 10 or more feet.

77. “Low intensity land use” means land uses which are associated with low levels of human disturbance or low habitat impacts, including, but not limited to, passive recreation, open space, or forest management land uses.

78. “Marina” means a public or private water-dependent facility that provides wet and/or dry moorage for over 10 boats, boat launching facilities and supplies and services for small commercial and/or pleasure craft. There are two types of marinas, backshore and foreshore:

a. Backshore marina: located landward of the ordinary high water mark.

b. Foreshore marina: located in the intertidal or offshore zone and may require breakwater of open-pile constructions, depending on the location.

79. “Mass wasting” (also known as “mass movement”) means downslope movement of soil and rock material by gravity. This includes soil creep, erosion, and various types of landslides, not including bed load associated with natural stream sediment transport dynamics.

80. “Mine hazard area” means an area directly underlain by, adjacent to or affected by mine workings such as adits, tunnels, drifts or air shafts. Mine hazard areas may also include steep and unstable slopes created by open mines.

81. “Mineral resource area” means land that is not already characterized by urban growth and is of long-term commercial significance for the extraction of minerals, including: gravel, sand and valuable metallic substances.

82. “Mitigation bank” means a site where wetlands or similar habitats are restored, created, enhanced, or, in exceptional circumstances, preserved, expressly for the purpose of providing compensatory mitigation in advance of authorized impacts to aquatic resources.

83. “Mitigation plan” means a detailed plan indicating actions necessary to mitigate adverse impacts to critical areas.

84. “Monitoring” means evaluating the impacts of development proposals over time on the biological, hydrological, pedological, and geological elements of such systems and/or assessing the performance of required mitigation measures throughout the collection and analysis of data by various methods for the purpose of understanding and documenting changes in natural ecosystems and features, and includes gathering baseline data.

85. “Mudflow” is a general term for a mass movement land form and a process characterized by a flowing mass of predominantly fine-grained earth material possessing a high degree of fluidity during movement. If more than half of the solid fraction of such a mass consists of material larger than sand size, the term “debris flow” is preferable. The water content of mudflows may range up to 60 percent; with increasing fluidity, mudflows grade into muddy floods; with less fluidity, mudflows grade into earthflows.

86. “Mudslide” means a relatively slow-moving mudflow in which movement occurs predominantly by sliding upon a discrete boundary shear surface.

87. “Native vegetation” means plant species that are indigenous to Douglas County and the local area.

88. “Natural drainage” means those channels, swales, and other nonmanmade water conveyances and holding systems.

89. “No net loss” means the maintenance of the aggregate total of the county’s critical areas’ ecological functions and values. The no net loss standard requires that the impacts of development and/or use, whether permitted or exempt, be identified and mitigated such that there are no resulting adverse impacts on ecological functions or processes. Each project shall be evaluated based on its ability to meet the no net loss requirement.

90. “Off-site mitigation” means to replace shoreline resources away from the site that is impacted by development.

91. “Ordinary high water mark” means the mark on all lakes, rivers and streams that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil and rocks a character distinct from that of the abutting upland.

92. “Perennial stream” means a stream that has flowing water year-round during a typical year. The water table is located above the stream bed for most of the year. Groundwater is the primary source of water for stream flow. Runoff from rainfall is a supplemental source of water for stream flow.

93. “Performance assurance” means a form of financial security posted to ensure timely and proper completion of improvements, compliance with this code, or to warranty materials, workmanship of improvements, design and performance. Performance assurances include assignments of funds, cash deposits, surety bonds, and/or other forms of financial security acceptable to the city attorney.

94. “Piers” means fixed platforms above the water, perpendicular to the shoreline.

95. “Priority habitat” means a habitat type with unique or significant value to one or more species. An area classified and mapped as priority habitat must have one or more of the following attributes: comparatively high fish or wildlife density; comparatively high fish or wildlife species diversity; fish spawning habitat; important wildlife habitat; important fish or wildlife seasonal range; important fish or wildlife movement corridor; rearing and foraging habitat; refuge; limited availability; high vulnerability to habitat alteration; unique or dependent species; or shellfish bed. A priority habitat may be described by a unique vegetation type or by a dominant plant species that is of primary importance to fish and wildlife. A priority habitat may also be described by a successional stage. Alternatively, a priority habitat may consist of a specific habitat element (such as talus slopes, caves, snags) of key value to fish and wildlife. A priority habitat may contain priority and/or nonpriority fish and wildlife (WAC 173-26-020(24)).

96. “Priority species” means species requiring protective measures and/or management guidelines to ensure their persistence at genetically viable population levels. Priority species are those that meet any of the criteria listed below.

a. Criterion 1. State-listed or state-proposed species. State-listed species are those native fish and wildlife species legally designated as endangered (WAC 232-12-014), threatened (WAC 232-12-011), or sensitive (WAC 232-12-011). State-proposed species are those fish and wildlife species that will be reviewed by the Department of Fish and Wildlife (POL-M-6001) for possible listing as endangered, threatened, or sensitive according to the process and criteria defined in WAC 232-12-297.

b. Criterion 2. Vulnerable aggregations. Vulnerable aggregations include those species or groups of animals susceptible to significant population declines, within a specific area or statewide, by virtue of their inclination to congregate. Examples include heron colonies, seabird concentrations, and marine mammal congregations.

c. Criterion 3. Species of recreational, commercial, and/or tribal importance. Native and nonnative fish, shellfish, and wildlife species of recreational or commercial importance and recognized species used for tribal ceremonial and subsistence purposes that are vulnerable to habitat loss or degradation.

d. Criterion 4. Species listed under the Federal Endangered Species Act as either proposed, threatened, or endangered (WAC).

97. “Pyroclastic” means pertaining to clastic rock material formed by volcanic explosion or aerial expulsion from a volcanic vent.

98. “Pyroclastic flow” means hot clouds of ash, gas, and volcanic rock that flows rapidly downslope under gravity. These may flow at velocities up to 150 kilometers per hour. It is a synonym of ash flow, and may be projected from a laterally directed blast.

99. “Qualified professional” has expertise appropriate to the relevant critical areas and is determined by the person’s professional credentials and/or certification, any advanced degrees earned in the pertinent scientific discipline from a recognized university, the number of years of experience in the pertinent scientific discipline, formal training in the specific area of expertise, and field and/or laboratory experience with evidence of the ability to produce peer-reviewed publications or other professional literature. No one factor is determinative in deciding whether a person is a qualified professional.

100. “Quaternary” means the second period of the Cenozoic era, following the Tertiary; also, the corresponding system of rocks. It began 2,000,000 to 3,000,000 years ago and extends to the present. It consists of two grossly unequal epochs: the Pleistocene, up to about 10,000 years ago, and the Holocene since that time.

101. “Reach” means a segment of a watercourse with uniform characteristics.

102. “Recharge” means the flow to groundwater from the infiltration of surface and stormwater runoff.

103. “Rehabilitation” means a type of restoration action intended to repair natural or historic functions and processes. Activities could involve breaching a dike to reconnect wetlands to a floodplain or other activities that restore the natural water regime.

104. “Residential development” means one or more buildings, structures or portions thereof that are designed and used as a place for human habitation. Included are single- or multifamily residences, apartment/condominium buildings, mobile homes, short and long subdivisions and other structures that serve to house people.

105. “Restore,” “restoration” or “ecological restoration” means the re-establishment or upgrading of impaired ecological shoreline processes or functions. This may be accomplished through measures including, but not limited to, revegetation, removal of intrusive shoreline structures and removal or treatment of toxic materials. Restoration does not imply a requirement for returning the shoreline area to aboriginal or pre-European settlement conditions (WAC).

106. “Review authority” means the person or persons responsible for the administration of the city of East Wenatchee development regulations. The review authority may be the administrator, building official, city engineer, director, fire marshal, hearing body, planning commission, city council or their appointed designee(s).

107. “Rill” means a steep-sided channel resulting from accelerated erosion. A rill generally is a few inches deep and not wide enough to be an obstacle to farm machinery. Rill erosion tends to occur on steep slopes with poor vegetative cover.

108. “Riparian habitat” is the area adjacent to flowing water that contains elements of both aquatic and terrestrial ecosystems which mutually influence each other. This habitat includes the area with riparian vegetation and the riparian area of influence, and is delineated by function rather than form. Riparian habitat does not include those artificial riparian areas intentionally created from nonriparian sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, and landscape amenities.

109. “Riparian area” is an area with distinctive hydrology and vegetation between a stream or other body of water and the adjacent upland. This definition includes wetlands and those portions of flood plains and valley bottoms that support riparian vegetation. “Riparian habitat area” is a standard management area on either side of a stream or river that is designed to include the full range of riparian habitat functions. This includes riparian habitat and upland habitat designated by a measurement from the ordinary high water mark.

110. “Riparian vegetation” means vegetation that tolerates and/or requires moist conditions and periodic free flowing water thus creating a transitional zone between aquatic and terrestrial habitats which provides cover, shade and food sources for aquatic and terrestrial insects for fish species. Riparian vegetation and their root systems stabilize stream banks, attenuate high water flows, provide wildlife habitat and travel corridors, and provide a source of limbs and other woody debris to terrestrial and aquatic ecosystems, which, in turn, stabilize stream beds.

111. “River channel” means that area of the river environment lying riverward of the mean high water mark.

112. “Scientific information” is produced using a valid scientific process. The characteristics of the scientific process may include peer review, methods that can be replicated, contain logical conclusions and reasonable inferences, quantitative analysis, context and references.

113. “Seismic hazard area” is an area posing significant, predictable hazards to life and property resulting from earthquakes and the associated ground shaking, differential settlement, and/or soil liquefaction.

114. “Slope” means:

a. Gradient; or

b. The inclined surface of any part on the earth’s surface.

It is delineated by establishing its toe and top, and measured by averaging the inclination over at least 10 feet of vertical relief.

115. Sensitive Area. See “Critical area.”

116. Sensitive Area Buffer. See “Buffer, critical area.”

117. “Shore” means land at the edge of a body of water.

118. “Shorelands” or “shoreland areas” means those lands extending landward for 200 feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward 200 feet from such floodways; and all wetlands and river deltas associated with the streams, lakes, and tidal waters which are subject to the provisions of Douglas County Regional Shoreline Master Program; the same to be designated as to location by the Department of Ecology.

119. “Shoreline” means all of the water areas of the state, including reservoirs, and their associated shorelands, together with the lands underlying them; except (a) shorelines of statewide significance; (b) shorelines on segments of streams upstream of a point where the mean annual flow is 20 cubic feet per second or less and the wetlands associated with such upstream segments; and (c) shorelines on lakes less than 20 acres in size and wetlands associated with such small lakes.

120. “Shorelines of statewide significance” means the following shorelines: (a) those lakes, whether natural, artificial or a combination thereof, with a surface acreage of 1,000 acres or more, measured at the ordinary high water mark; (b) the Columbia River; and (c) those wetlands associated with subsections (a) and (b) of this definition.

121. “Shorelines of the state” means the total of all shorelines and shorelines of statewide significance within the state.

122. “Slope failure” means gradual or rapid downslope movement of soil or rock under gravitational stress.

123. “Slump” means a landslide characterized by a shearing and rotary movement of a generally independent mass of rock or earth along a curved slip surface by backward tilting of the mass. Slumps occur in unconsolidated materials and are often the result of undercutting or steepening of the slope.

124. “Soil” means the upper layers of ground, consisting of unconsolidated materials typically made up of broken and decomposed rock and decayed organic matter.

125. “Tephra” is a collective term for all size grades of particles of solidified magma blown out under gas pressure from a volcanic vent.

126. “Terrestrial species” means animals living on or in the ground, including arboreal creatures; not aquatic or aerial.

127. “Toe” means:

a. The lowest part of a slope or cliff;

b. The downslope end of an alluvial fan; or

c. Landslide.

128. “Top” means:

a. The top of a slope; or

b. The highest point of contact above a landslide hazard area.

129. “Toxic” means poisonous, carcinogenic, or otherwise directly harmful to life.

130. “Upland” generally means dry lands landward of OHWM. Some usages of the word may also include the area above riparian or wetland vegetation, or the area above the shoreline jurisdictional boundary.

131. “Volcanic hazard area” means an area subject to pyroclastic flows, lateral blasts, tephra, lava flows, and inundation by debris flows, mudflows, avalanches, or related flooding resulting from volcanic activity.

132. “Watershed” means the total drainage area, separated by a ridgeline, which contributes runoff to a single point.

133. “Water-dependent use” means a use or portion of a use which cannot exist in a location that is not adjacent to the water and which is dependent on the water by reason of the intrinsic nature of its operations.

134. “Wetland” or “wetlands” means areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate conversion of wetlands.

135. “Wharf” means a fixed platform that runs parallel to the shoreline. (Ord. 17-07 § 6, 2017; Ord. 08-02 § 3, 2008)

18.12.190 Interagency coordination.

Upon receipt of a complete application for activities within a critical area, the city of East Wenatchee shall submit the application to all federal, state and local agencies having jurisdiction over or an interest in such applications for review and comment. As provided in EWMC 19.02.050, agencies shall be given a minimum of 15 days to provide comments on the proposal. Extensions of up to three additional days may be granted where unusual circumstances necessitate a longer review period. No approval shall be issued for the proposed project prior to receipt of such comments or the expiration of the time period or any extension. This comment period is in addition to any comment period required by Chapter 18.06 EWMC, Environmental Review (SEPA), or the Douglas County Regional Shoreline Master Program. (Ord. 08-02 § 3, 2008)

18.12.200 Administration.

The community development director or his/her designee shall have the authority and duty to administer the provisions of the chapters identified in EWMC 18.12.020. The administrator may adopt, and revise as required, such instructions, policies and forms as are necessary to carry out the provisions of the applicable titles. (Ord. 08-02 § 3, 2008)

18.12.210 Warning and disclaimer of liability.

The degree of hazard protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Catastrophic natural disasters can and will occur on rare occasions. This chapter does not imply that land outside the critical areas or activities permitted within such areas will be free from exposure or damage. This chapter and its implementation by the city shall not create liability on the part of the city, its officers, or employees, for any damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. (Ord. 08-02 § 3, 2008)

18.12.220 Civil penalties and enforcement.

A. No person, corporation, partnership, association or other legal entity shall fail or refuse to comply with, or interfere with or resist the enforcement of the provisions of this chapter and/or any condition of approval imposed by the administrator or hearing body, or a lawful land use order or directive of a city official. Any such act or failure to act shall constitute a violation under this chapter.

B. The administrator shall have authority to enforce this chapter, and any rule or regulation adopted, and any permit, order or approval issued pursuant to this chapter against any violation or threatened violation thereof. The administrator is authorized to issue violation notices and administrative orders, levy fines and/or institute legal actions in court. Recourse to any single remedy shall not preclude recourse to any of the other remedies. Each violation of this chapter, or any rule or regulation adopted, or any permit, permit condition, approval or order issued pursuant to this chapter, shall be a separate offense and in the case of a continuing violation, each day’s continuance shall be deemed to be a separate and distinct offense. All costs, fees and expenses, including reasonable attorney’s fees incurred in connection with enforcement actions, may be recovered as damages against the violator.

C. Any person who undertakes any activity within a critical area without first obtaining an approval required by this chapter, except as specifically exempted, or any person who violates one or more conditions of any approval required by this chapter, or of any cease and desist order issued pursuant to this chapter shall incur a civil penalty assessed for each violation. In the case of a continuing violation, each permit violation and each day of activity, without a required approval, shall be a separate and distinct violation. The civil penalty assessed shall be assessed at a rate of $50.00 per day, per violation. The penalty provided shall be appealable to the hearing examiner in accordance with procedures established in Chapter 2.42 EWMC. Any appeal to the hearing examiner shall be in writing and submitted within 10 days of the applicant’s receipt of the administrator’s civil citation issued pursuant to this subsection. Any further appeal of the hearing examiner’s decision shall be in accordance with EWMC 2.42.130. (Ord. 08-02 § 3, 2008)

18.12.230 Criminal penalties.

As an alternative to any other judicial or administrative remedy provided in this chapter or by law or other ordinance, any person who willfully or knowingly violates any provision of this chapter, or any order issued pursuant to this chapter, or by each act of commission or omission procures, aids, or abets such violation is guilty of a misdemeanor, and upon conviction thereof, shall be punished as set forth in Chapter 1.20 EWMC. (Ord. 08-02 § 3, 2008)