DIVISION II. CRITICAL AREAS DELINEATION AND PROTECTION
Chapter 14.26
CRITICAL AREAS DELINEATION AND PROTECTION
Sections:
14.26.020 Compliance with critical areas protection.
14.26.030 Exempt activities in critical areas.
14.26.040 Emergency work in critical areas.
14.26.050 Technical assessments required.
14.26.060 Wetland delineation and protection.
14.26.070 Geologically hazardous areas delineation and protection.
14.26.080 Aquifer recharge areas delineation and protection.
14.26.090 Fish and wildlife habitat conservation areas delineation and protection.
14.26.100 Surety for mitigation improvements.
14.26.110 Responsibility for improvements.
14.26.010 Purpose.
It is not the intent of this chapter to deny a reasonable use of public or private property, but to assure that land development occurs in a manner that will protect critical areas: wetlands, aquifer recharge areas, geologically hazardous areas, and fish and wildlife habitat conservation areas. (Ord. 1047 §2(part), 2004).
14.26.020 Compliance with critical areas protection.
All public and private land uses in the city of Elma shall comply with the requirements of this chapter as a condition to any project permit application granted under Chapter 16.04 of the UDC. (Ord. 1047 §2(part), 2004).
14.26.030 Exempt activities in critical areas.
The following uses or activities within a critical area or critical area buffer are exempt from the requirements of this chapter to the extent that they are not prohibited by other state or federal laws and do not degrade the critical area:
A. Conservation, enhancement, restoration, or preservation measures or projects;
B. Low intensity, passive recreational uses;
C. Short-term scientific studies and educational uses;
D. Repair and maintenance of existing public roads, bridges and stormwater facilities;
E. Walkways without structures;
F. Public parks;
G. Site investigation work necessary for land use applications; and
H. Forest practices governed by RCW 76.09. (Ord. 1047 §2(part), 2004).
14.26.040 Emergency work in critical areas.
The mayor may authorize emergency work in critical areas without a permit if that official determines an imminent threat to public health or safety will occur before completion of normal permit procedures. Emergency work shall be limited to abating the emergency only and restoration of the critical area, if possible, shall follow the emergency. (Ord. 1047 §2(part), 2004).
14.26.050 Technical assessments required.
A. Applications for any project permit approval in Chapter 16.04 shall indicate whether any critical area is located on or within two hundred feet of the site. The administrator or designated representative shall visit the site, and in conjunction with a review of the Comprehensive Land Use Plan, information provided by the applicant, and any other suitable information, make a determination as to whether or not sufficient information is available to evaluate the proposal. If it is determined that the information presented is not sufficient, the administrator shall notify the applicant to provide additional assessments before the issuance of a determination of completeness as provided under Section 16.04.040 of the UDC.
B. It shall be the responsibility of the applicant to provide the city with appropriate technical assessments and reports prepared by a qualified expert, if necessary, to fulfill the requirements of an application for a project permit review under Chapter 16.04 or any other city, state or federal laws. The applicant shall pay all expenses associated with the preparation of any technical assessment required by the city. Technical assessments shall use the best science available in accordance with RCW 36.70A.172. (Ord. 1047 §2(part), 2004).
14.26.060 Wetland delineation and protection.
A. The city shall regulate development activities to protect wetlands. Development activities shall not diminish the capacity of wetlands to:
1. Provide flood and stormwater control;
2. Recharge the aquifer;
3. Improve surface and groundwater quality by trapping sediments, removing nutrients, and providing chemical detoxification;
3. Stabilize the streambed along Cloquallum, McDonald, Vance, and Dry Bed Creeks; and
4. Jeopardize federally listed endangered and threatened species.
B. The city adopts by reference the following maps and best available science resources for wetlands in the city of Elma and the Urban Growth Area:
1. National Wetlands Inventory Map, US Fish and Wildlife Service;
2. Soil Survey of Grays Harbor County Area, Pacific County, and Wahkiakum County Washington, Map Sheets 48, 49, 54 and 55, USDA, 1986;
3. Washington State Wetlands Identification and Delineation Manual, Washington Department of Ecology, 1997, Publication #96-94;
4. Washington State Wetland Rating System for Western Washington, Washington Department of Ecology, 1993, Publication #98-74; and
5. If the location, designation, or classification of a wetland shown on any map adopted by reference under the UDC is in conflict with the determination of any field investigation, the latter shall prevail.
C. The city prohibits development activities in wetlands unless:
1. No practical alternative exists for locating the project elsewhere; or
2. The prohibition precludes any reasonable use of the property.
D. A wetland buffer that separates a wetland boundary from a regulated use is mandatory to mitigate adverse impacts of development activities. The following standards shall apply when determining buffer widths:
1. Buffer widths are measured perpendicularly from the wetland boundary;
2. Buffer widths are determined according to a wetland’s rating:
a. Category I wetlands require a buffer width of two hundred feet;
b. Category II wetlands require a buffer width of one hundred feet;
c. Category III wetlands require a buffer width of fifty feet; and
d. Category IV wetlands require a buffer width of twenty-five feet.
3. A technical assessment prepared by a qualified expert may reduce the required buffer width if it will not adversely affect the function of the wetland or that the use of other mitigation measures achieves the same result.
E. If an application for development activities makes it necessary to alter or eliminate a wetland, the applicant shall enhance or replace the wetland based upon a technical assessment and mitigation plan prepared by a qualified expert. Altered wetlands shall require mitigation to ensure the same level of wetland function that existed at the time of the permit application. The replacement of eliminated wetlands shall be at a ratio of one is to one and have an equal or greater wetland rating.
F. A qualified expert shall prepare any wetland technical assessments required by the city. The report shall include:
1. The exact location of the wetland boundary;
2. An evaluation of wetland functions and values;
3. An analysis of how the proposed use would or would not diminish the wetland protection standards under subsection A of this section; and
4. Recommendations for mitigating adverse environmental impacts on wetland values and functions during construction and post-construction. (Ord. 1047 §2(part), 2004).
14.26.070 Geologically hazardous areas delineation and protection.
A. The city shall regulate development activities in geologically hazardous area to protect the public’s health, safety and welfare. Development activities in geologically hazardous areas shall:
1. Minimize erosion and movement of sediment;
2. Preserve or replace vegetation in erosion hazard areas;
3. Prevent increased surface water discharge to adjacent properties;
4. Prevent decreased slope stability on adjacent properties; and
5. Design or mitigate projects in geologically hazardous areas to eliminate unsafe conditions to on- and off-site property owners.
B. The city adopts by reference the following maps and best available science resources for geologically hazardous areas in the city of Elma and the Urban Growth Area:
1. Soil Survey of Grays Harbor County Area, Pacific County, and Wahkiakum County Washington, Map Sheets 48, 49, 54 and 55, USDA, 1986;
2. Geologic Map of the South Half of the Shelton and South Half of the Copalis Beach Quadrangles, Washington, Washington Division of Geology and Earth Resources, 1987; and
3. If the location, designation, or classification of a geologically hazardous area shown on any map adopted by reference under the UDC is in conflict with the determination of any field investigation, the latter shall prevail.
C. A qualified expert shall prepare any technical assessment required by the city for a geologically hazardous area. The report shall:
1. Determine the exact boundaries of all geologically hazardous areas affecting the site and the impact of the proposed development on the standards set forth under subsection A of this section; and
2. Recommend mitigation measures to ensure compliance with the standards set forth under subsection A of this section or, if mitigation is not possible, recommendations for adequate buffers from the hazard or hazards to protect public health, safety and welfare. (Ord. 1047 §2(part), 2004).
14.26.080 Aquifer recharge areas delineation and protection.
A. The city shall regulate development activities in aquifer recharge areas to protect groundwater quality and quantity for use as a potable water source.
B. The city adopts by reference the following best available science resources for aquifer recharge areas in the city of Elma and the Urban Growth Area:
1. Geohydrology of the Chehalis River Valley, Elma to Oakville, Grays Harbor County, Washington, Paul Eddy and Robert Carson, Washington Department of Ecology Geohydrologic Monograph No. 3, 1973;
2. The Use of Wellhead Protection Delineation Methods for Identifying Critical Aquifer Recharge Areas for the Elma Municipal Water Supplies, Ginny Stern, Division of Drinking Water, Washington Department of Health, May 1992; and
3. If the location, designation or classification of an aquifer recharge area shown on any map adopted by reference under the UDC is in conflict with the determination of any field investigation, the latter shall prevail.
C. A qualified expert who is a licensed geologist shall prepare any technical assessment required by the city for an aquifer recharge area. The report shall include:
1. A characterization of the site and its relationship to the aquifer;
2. A discussion of the effects of the proposed development activities and its ability to meet the established standards of Section 14.26.010 of this chapter; and
3. Recommended mitigation measures to ensure compliance with the standards set forth under subsection A of this section. (Ord. 1047 §2(part), 2004).
14.26.090 Fish and wildlife habitat conservation areas delineation and protection.
A. The city shall regulate development activities in fish and wildlife habitat conservation areas to maintain species in suitable habitats within their natural geographic distribution and to prevent isolated subpopulations.
B. The city adopts by reference the following maps and best available science resources for fish and wildlife habitat conservation areas in the Elma Urban Growth Area:
1. Priority Habitat Maps, Washington Department of Fish and Wildlife.
C. A qualified expert shall prepare any technical assessment required by the city for development activities on parcels located within two hundred feet of a fish and wildlife habitat conservation area. The technical assessment shall include:
1. An analysis and discussion of species or habitats known or suspected to be located within two hundred feet of the site;
2. Evaluation of the effects of the proposed development activities and its ability to meet the established standards of subsection A of this section; and
3. Recommended mitigation measures to ensure compliance with the standards set forth under Section 14.28.010. In cases where a fish and wildlife habitat conservation area is on or adjacent to a development site, a minimum separation of up to fifty feet or greater may be required for regulated uses if the technical assessment indicates the need for a buffer. (Ord. 1047 §2(part), 2004).
14.26.100 Surety for mitigation improvements.
A. The city may require the applicant to submit a surety for the construction and/or maintenance of any mitigation measures required under this chapter for a period not to exceed five years from the date of substantial completion of work. The city may release the surety earlier than assigned if a technical assessment prepared by a qualified expert affirms that the mitigation measure is functioning in accordance with its design.
B. The value of a construction surety shall be not less than one hundred twenty-five percent of the contract cost for the mitigation improvement as estimated by the city engineer. The value of a maintenance surety shall be not less than fifteen percent of the total value of the mitigation improvement as estimated by the city engineer. The surety shall meet the approval of the city attorney. (Ord. 1047 §2(part), 2004).
14.26.110 Responsibility for improvements.
The property owner, or his or her successors, shall be responsible for the maintenance of any mitigation measure required under this chapter. (Ord. 1047 §2(part), 2004).