Chapter 14A.142CRITICAL AREAS AND NATURAL RESOURCE LANDS AUTHORITY, INTENT, AND GENERAL PROVISIONS

Sections:

14A.142.010
Authority and Title.
14A.142.020
Intent.
14A.142.030
Interpretation.
14A.142.040
Applicability and Mapping.
14A.142.050
Permitted Uses.
14A.142.060
Regulated Uses/Activities.
14A.142.070
Exemptions.
14A.142.080
Reasonable Use Exception.
14A.142.090
Reasonable Use Exception And Modification Of Critical Area Requirements For Individual Single-Family Residences.
14A.142.100
Process.
14A.142.110
Variances.
14A.142.120
Current Use Assessment.
14A.142.130
Compliance Provisions.
14A.142.140
Appeal Procedures.
14A.142.150
Financial Guarantees.
14A.142.160
Fees.
14A.142.170
Title and Pat Notification.
14A.142.180
Nonconforming Uses.
14A.142.190
Administrative Procedures and Technical Criteria.
14A.142.200
Severability.
14A.142.010Authority and Title.

This Title (Lakewood Municipal Code Section 14A.142 through 14A.165) is established pursuant to the requirements of the Growth Management Act (RCW 36.70A.060) and the State Environmental Protection Act (RCW 43.21C). This Title shall be known as the “Critical Areas and Natural Resource Lands Regulations.” (Ord. 362 § 3 (part), 2004.)

14A.142.020Intent.

It is the intent of the Critical Areas and Resource Lands Regulations to:

A. Designate and protect critical areas and natural resource lands, including wetlands, critical aquifer recharge areas, fish and wildlife habitat areas, geologically hazardous areas, flood hazard areas, and mineral resource lands.

B. Protect the natural environment, including air and water, to preserve the community’s high quality of life.

C. Protect unique, fragile and valuable elements of the environment, including fish and wildlife habitat; including suitable habitats to maintain native fish and wildlife species within their natural geographic distribution so that isolated sub-populations are not created.

D. Protect the public against losses from:

Costs of public emergency rescue and relief operations where the causes are avoidable.

Degradation of the natural environment and the expense associated with repair or replacement.

E. Protect members of the public and public resources and facilities from injury, loss of life, or property damage due to landslides, steep slope failures, erosion, seismic events, or flooding.

F. Avoid, minimize and mitigate for impacts arising from land development and other activities affecting critical areas to maintain their ecological functions and values including water quality, flood attenuation, habitat, recreation, education, and cultural preservation.

G. Provide the public with sufficient information and notice of potential risks associated with developing in and adjacent to critical areas.

H. Implement the goals and requirements of the Growth Management Act and the Lakewood Comprehensive Plan. (Ord. 362 § 3 (part), 2004.)

14A.142.030Interpretation.

In the interpretation and application of this Title, all provisions shall be:

A. Considered the minimum necessary;

B. Liberally construed to serve the purposes of this Title; and,

C. Deemed neither to limit nor repeal any other powers under state statute. (Ord. 362 § 3 (part), 2004.)

14A.142.040Applicability and Mapping.

A. Applicability.

This Title shall apply to all lands, land uses and development activity in the City which are designated as Critical Areas or Natural Resource Lands by the City, including wetlands. Properties containing critical areas or natural resource lands are subject to this Title. When the requirements of this Title are more stringent than those of other City codes and regulations, the requirements of this Title shall apply.

Where a site contains two or more critical areas, the site shall meet the minimum standards and requirements for each identified critical area as set forth in this Title.

Critical areas on lands subject to the Washington State Shoreline Management Act (SMA) and regulated by the City’s shoreline management regulations shall be regulated under the shoreline provisions and are not subject to the procedural and substantive requirements of this Title. Nothing in this section, however, is intended to limit or change the quality of information to be applied in protecting critical areas within shorelines of the state. Shorelines of the state shall not be considered critical areas under this Title except to the extent that specific areas located within such shorelines qualify for critical area designation based on the definition of critical areas provided by RCW 36.70A.030(5) and have been designated as such by the City’s critical areas regulations.

If the City's shoreline regulations do not include land necessary for buffers for critical areas that occur within shoreline areas, then the City shall continue to regulate those critical areas and their required buffers pursuant to this Title.

B. Mapping.

Maps may be developed and maintained by the City which show the general location of critical areas for informational purposes. The actual presence of critical areas and the applicability of these regulations shall be determined by the classification criteria established for each critical area. (Ord. 590 § 2, 2014; Ord. 362 § 3 (part), 2004.)

14A.142.050Permitted Uses.

Uses permitted on properties designated as critical areas or natural resource lands shall be the same as those permitted in the zone classification shown in the City’s Land use and Development Code unless specifically prohibited by this Title. (Ord. 362 § 3 (part), 2004.)

14A.142.060Regulated Uses/Activities.

A. Unless the requirements of this Title are met, the City shall not grant any approval or permission to alter the condition of any land, water or vegetation, or to construct or alter any structure or improvement including but not limited to the following: building permit, commercial or residential; binding site plan; conditional use permit; franchise right-of-way construction permit; site development permit; master plan development; right-of-way permit; shoreline conditional use permit; shoreline environmental redesignation; shoreline substantial development permit; shoreline variance; large lot subdivision, short subdivision; special use permit; subdivision; unclassified use permit; utility and other use permit; variance; zone reclassification; or any subsequently adopted permit or required approval not expressly exempted by this Chapter.

B. Compliance with these regulations does not remove an applicant's obligation to comply with applicable provisions of any other Federal, State, or local law or regulation. Requirements include but are not limited to those of the U.S. Army Corps of Engineers, Washington Department of Fish and Wildlife, and the Washington Department of Ecology, which must be met prior to commencing activities affecting wetlands, except as addressed in Section 14A.162.130 regarding Corps of Engineers Section 404 Individual Permits.

C. The following activities within a critical area and/or buffer, unless exempted by Section 14A.142.070, shall be regulated:

1. Removing, excavating, disturbing or dredging soil, sand, gravel, minerals, organic matter or materials of any kind;

2. Dumping, discharging or filling;

3. Draining, flooding or disturbing the water level or water table. In addition, an activity which involves intentional draining, flooding or disturbing the water level or water table in a wetland, in which the activity itself occurs outside the wetland and buffer, shall be considered a regulated activity.

4. Driving piling or placing obstructions, including placement of utility lines;

5. Constructing, reconstructing, demolishing or altering the size of any structure or infrastructure;

6. Altering the character of a wetland by destroying or altering vegetation through clearing, harvesting, cutting, intentional burning, shading or planting;

7. Activities which result in significant changes in water temperature or physical or chemical characteristics of wetland water sources, including changes in quantity of water and pollutant level;

8. Application of pesticides, fertilizers and/or other chemicals, unless demonstrated not to be harmful to wetland habitat or wildlife.

9. The division or redivision of land.

D. The Department may require protection measures or erosion control measures such as temporary or permanent fencing to provide for protection of a wetland and buffer when any of the above activities are proposed on a site, but are not proposed within a wetland and/or buffer. (Ord. 362 § 3 (part), 2004.)

14A.142.070Exemptions.

The following activities are exempt from the provisions of this Title:

A. Existing agricultural activities. The activities cease to be existing when the area on which they were conducted has been converted to a non-agricultural use or has lain idle both more than five years and so long that modifications to the hydrological regime are necessary to resume agricultural activities, unless the idle land is registered in a federal or state soils conservation program;

B. Maintenance or reconstruction of existing roads, paths, bicycle ways, trails, bridges, and associated storm drainage facilities, provided that reconstruction does not involve significant expansion of facilities. Construction of curbs, gutters, sidewalks or other incidental improvements to existing roadways shall generally be considered to fall within this exemption when undertaken pursuant to best management practices to avoid impacts to critical areas;

C. Activities on improved portions of roads, rights-of-way or easements, provided there is no expansion of ground coverage

D. Maintenance or reconstruction of existing regional storm drainage facilities, provided that reconstruction does not involve expansion of facilities;

E. For the following utility line activities, when undertaken pursuant to best management practices to avoid impacts to critical areas:

1. Normal and routine maintenance or repair of existing utility structures or right-of-way.

2. Relocation within improved rights-of-way of electric facilities, lines, equipment, or appurtenances, not including substations, with an associated voltage of 55,000 volts or less only when required by a local government agency.

3. Relocation within improved right-of-way of utility lines, equipment, or appurtenances only when required by a local governmental agency which approves the new location of the facilities.

4. Installation or construction in improved City road rights-of-way, and replacement, operation, or alteration of all electric facilities, lines, equipment, or appurtenances, not including substations, with an associated voltage of 55,000 volts or less.

5. Installation or construction in improved City road rights-of-way and replacement, operation, repair, or alteration of all utility lines, equipment, or appurtenances.

F. A utility line (any pipe or pipeline that transports any gaseous, liquid, liquefiable or slurry substance, and any cable, line or wire for the transmission of electrical energy, telephone, and telegraph messages, and radio and television communication, not including activities which drain a wetland, but including pipes that convey drainage from one area to another) may be placed in an underground trench within a category 2, 3 or 4 wetland or its buffer. There must be no resulting changes in pre-construction contours, and trench excavation materials that are temporarily sidecast must be stabilized to prevent erosion and sedimentation. All sidecast materials shall be replaced within the trench or removed after 90 days, unless an extension is granted by the Community Development Department. The trench shall be the minimum size required to construct the utility line. The top 12" of the trench shall be backfilled with topsoil from the trench excavation. Trenches in wetlands shall be backfilled with wetland topsoil from the excavation, and appropriate vegetation planted to restore the site to a nearly as practical the pre-trenching condition. Trench excavation should be restricted to the dry season. All permits from other regulatory agencies must be obtained.

G. Reconstruction, remodeling, or maintenance of existing single-family residential structures and accessory structures, provided that cumulative expansion of the building footprint does not increase by more than twenty-five percent from its size as of October 8, 1991 (the effective date of Pierce County Critical Areas Regulations) and that the new construction or related activity does not further intrude into the critical area or related buffer. The exemption shall not apply to reconstruction which is proposed as a result of structural damage associated with a critical area, such as slope failure in a landslide hazard area;

H. Reconstruction, remodeling, or maintenance of structures, other than single-family structures and accessory structures, provided that such reconstruction, remodeling, or maintenance does not increase the floor area nor extend beyond the existing ground coverage. The exemption shall not apply to reconstruction which is proposed as a result of site or structural damage associated with a critical area, such as slope failure in a landslide hazard area;

I. Activities in artificial wetlands, except those artificial wetlands intentionally created from non-wetland areas created to mitigate conversion of wetlands;

J. Activities affecting:

• Category IV wetlands which are less than 1,000 square feet where the wetland is found to provide no special habitat functions for wildlife or special status plants or plant communities, and the hydrological functions of the exempted wetland are replaced to the satisfaction of the City Engineer, and;

K. Activities in wetlands in areas managed according to a Special Area Management Plan or other plan adopted by the City and specifically designed to protect wetland resources;

L. Maintenance activities of landscaping and gardens in a wetland buffer, including, but not limited to, mowing lawns, weeding, harvesting and replanting of garden crops, pruning and planting of vegetation to maintain the condition and appearance of the site existing on February 1, 1992.

M. Activities designed for previously approved maintenance and enhancement of wetlands.

N. Placement of access roads, utility lines and utility poles across a Category IV wetland and/or a buffer for a Category IV wetland if there is no reasonable alternative.

O. Site investigative work necessary for land use application submittals such as surveys, soil logs, percolation tests and other related activities;

P. Emergency action necessary to prevent imminent threat or danger to public health or safety, or to public or private property, or serious environmental degradation. The Department shall review all proposed emergency actions to determine the existence of the emergency and reasonableness of the proposed actions taken.

Q. Activities undertaken to comply with the United States Environmental Protection Ecology Administrative Enforcement Order pursuant to the Model Toxins Control Act, including the following activities:

1. Remediation or removal of hazardous or toxic substances;

2. Source control; and

3. Natural resource damage restoration.

R. Control of noxious weeds that are included on the State noxious weed list. Control methods shall be subject to review and approval of an abatement plan by the Department that minimizes the impacts to the critical area and any associated buffers.

S. Activities undertaken on the site of an existing holding pond where the water flow and/or water table is controlled by a previously approved pump system.

T. Public stormwater retention/detention facilities may be constructed within Category 2, 3 and 4 wetlands or their buffers provided that the following conditions are met: 1). no untreated stormwater is released directly into the wetlands; 2). water levels are monitored annually to ensure that pre-existing functions and values of the wetland are not significantly lost through fluctuations in wetland hydrology; 3). maintenance activity within the wetland is limited to removal of invasive vegetation and/or removal of sediment accumulation at inflow structures in a manner acceptable to the Community Development Department; 4). there is no loss of wetland area; 5) all construction activity is conducted in accordance with accepted BMPs; and 6) the stormwater management activity shall not adversely affect the hydro-period of the wetland or adversely affect water quality.

Stormwater conveyance facilities such as bio-swales, culverts, and open trenches, that are not designed to drain wetlands, may be placed within required buffers for category 1, 2, 3 and 4 wetlands, subject to meeting the conditions listed above. This conditional exemption would not apply in situations where there are threatened or endangered species, or sensitive plants, unless approved by the State Department of Fish and Wildlife or Department of Natural Resources, respectively. All permits from other regulatory agencies must be obtained.

U. A residential building permit for a lot which was subject to previous reports and assessments as required under this Title; provided that the previous reports and assessments adequately identified the impacts associated with the current development proposal.

V. The installation of an on-site sewage disposal system for a single or two-family dwelling may be permitted within an aquifer recharge area, subject to the issuance of a permit by the Tacoma-Pierce County Health Department (TPCHD) according to all Washington State Department of Health and Tacoma-Pierce County Board of Health requirements for on-site sewage disposal. The TPCHD shall verify and notify the applicant or applicant's agent that the approval of the on-site sewage disposal system design complies with all Washington State Department of Health and Tacoma-Pierce County Board of Health requirements. The development shall otherwise be subject to all of the other requirements and restrictions of this Title (including exclusion from other identified critical areas), the Lakewood Municipal code, and other applicable state and federal law. (Ord. 362 § 3 (part), 2004.)

14A.142.080Reasonable Use Exception.

A. If the application of this Title would deny all reasonable use of a site, development may be allowed which is consistent with the general purposes of this Title and the public interest.

B. Nothing in this Title is intended to preclude all reasonable use of property. An applicant for a development proposal may file a request for a reasonable use exception which shall be considered as a Process III permit action by the City Hearing Examiner at a public hearing, following notice, as required by the City Zoning Code. The request shall include the following information:

1. A description of the areas of the site which are critical areas and/or natural resource lands or within buffers required under this Title;

2. A description of the amount of the site which is within setbacks required by other standards of the zoning code;

3. A description of the proposed development, including a site plan;

4. An analysis of the impact that the amount of development described in subsection (3) would have on the natural resource land(s) or critical areas(s);

5. An analysis of what other reasonable uses with less impact on the natural resource land(s) or critical area(s) and associated buffer(s) are possible;

6. A design of the proposal so that the amount of development proposed as reasonable use will have the least impact practicable on the natural resource land(s) and/or critical area(s);

7. An analysis of the modifications needed to the standards of this Title to accommodate the proposed development;

8. A description of any modifications needed to the required front, side and rear setbacks; building height; and buffer widths to provide for a reasonable use while providing greater protection to the critical area(s) and/or natural resource land(s); and

9. Such other information as the Department determines is reasonably necessary to evaluate the issue of reasonable use as it relates to the proposed development.

10. The Department will forward a copy of a request for reasonable use exception to the Washington State Departments of Fish and Wildlife and Ecology for review, comment, and recommendation.

C. The Hearing Examiner may approve the reasonable use exception, if the Examiner determines the following criteria are met:

1. There is no other reasonable use to the proposed development with less impact on the natural resource land(s) and/or critical area(s); and

2. The proposed development does not pose a threat to the public health, safety or welfare on or off the site; and

3. Any alteration of the natural resource land(s) and/or critical area(s) shall be the minimum necessary to allow for reasonable use of the property; and

4. The inability of the applicant to derive reasonable use of the property is not the result of actions by the applicant in subdividing the property or adjusting a boundary line thereby creating the undevelopable condition after October 8, 1991 (the effective date of Pierce County Critical Areas Regulations); and

5. The proposal mitigates the impacts on the natural resource land(s) and/or critical area(s) to the maximum extent possible, while still allowing reasonable use of the site.

6. For Reasonable Use Exceptions involving wetlands, the additional requirements of Section 14A.162.090(D) shall apply.

D. Where appropriate in the context of Section 14A.142.110, the City shall give preference to the modification of the development standards set forth in the Land Use and Development Code (LMC Title 18A) as the first method to accommodate reasonable development on lots constrained by critical areas and/or their buffers. (Ord. 362 § 3 (part), 2004.)

14A.142.090Reasonable Use Exception And Modification Of Critical Area Requirements For Individual Single-Family Residences.

The purpose of this section is to provide an alternative to the full reasonable use exception process for an individual single-family residence on an existing, legal lot, while minimizing impacts to critical areas. The Director shall have the authority to grant minor variances and/or reasonable use exceptions to modify or waive some or all of the requirements of this chapter in accordance with the provisions of this section, subject to the following procedure:

A. The applicant for the modification or waiver of critical area requirements shall submit any critical area special studies following a preapplication review meeting as well as such other documents or studies, as requested by the Director.

B. The Director may adjust critical area requirements or grant minor variances for single-family residence applications provided:

1. The proposal is the minimum necessary to accommodate the building footprint and access. In no case, however, shall the building footprint and outdoor activity areas encroaching into the critical area or required buffer exceed 7,000 square feet.

2. Access shall be located so as to have the least impact on the critical area and its buffer.

3. The proposal shall be designed to preserves the functions and values of the critical area(s) to the maximum extent possible.

4. Adverse impacts resulting from alterations of steep slopes shall be minimized.

5. The proposal includes on-site mitigation to the maximum extent possible.

6. The proposal will not significantly affect drainage capabilities, flood potential, and steep slopes and landslide hazards on neighboring properties; and

7. The proposal first develops noncritical area land, then the critical area buffer before the critical area itself is developed.

C. The Director may require reasonable, non-compensatory mitigation measures to mitigate and minimize the loss of the functions and values of the critical areas and may impose mitigating conditions to the modification, waiver or variance in order to meet the standards of this subsection.

D. Modifications pursuant to this chapter that relate only to the buffer requirements for single-family residential permits shall be reviewed and decided as a Process 1 determination in conjunction with the Building Permit application. Modifications that would impinge upon the critical area itself or require an administrative building setback variance shall be reviewed and decided using Process 2 procedures.

E. This section shall not apply to the following critical areas:

1. Steep slope hazard areas that are unmitigatable landslide hazard areas;

2. Steep slope hazard areas of slope greater than 70 percent where either the lot or slope are abutting and above a class 1 or 2 wetland stream, and associated buffer, or an open stormwater conveyance system.

14A.142.100Process.

A. The Department shall perform a critical areas and natural resource lands review of any City permit or approval requested for any regulated activity including, but not limited to, those set forth in Section 14A.142.060, on a site which includes or is adjacent to or abutting one or more natural resource lands or critical areas and their buffers, unless otherwise provided in this Title.

B. As part of all development applications:

1. The Department shall review the information submitted by the applicant to:

a. Confirm the nature and type of the natural resource land and/or critical area and evaluate any required studies;

b. Determine whether the development proposal is consistent with this Title;

c. Determine whether any proposed alterations to the site containing natural resource lands or critical areas are necessary;

d. Determine if the mitigation and monitoring plans proposed by the applicant are sufficient to protect the public health, safety and welfare consistent with the goals, purposes, objectives and requirements of this Title.

C. A threshold determination may not be made prior to Departmental review of any special studies or technical reports required by this Title, except where the applicant requests a declaration of significance so that environmental review is required.

D. The City may approve, approve with conditions, or deny any development proposal in order to comply with the requirements and carry out the goals, purposes, objectives and requirements of this Title.

E. Approval of a development proposal does not discharge the obligation of the applicant or any successors in interest to comply with the provisions of this Title. (Ord. 362 § 3 (part), 2004.)

14A.142.110Variances.

Variance applications for exceptions to the development standards of the City’s Land Use and Development Code may be used as a method for reducing impacts to critical areas. The City’s Hearing Examiner or Community Development Director may consider impacts to critical areas as an undue hardship, and as a basis for finding that unique circumstances apply to a specific property in support of the granting of variances. Variance applications shall be considered by the City according to variance procedures in the City Land Use and Development Code. (Ord. 362 § 3 (part), 2004.)

14A.142.120Current Use Assessment.

A. The Department shall notify the Assessor-Treasurer’s Office when restrictions on development occur on a particular site.

B. The City shall provide the Assessor-Treasurer’s Office with relevant information regarding critical areas and buffering requirements of this Chapter in determining the fair market value of the land. Any owner of an undeveloped buffer which has been placed in a separate tract or tracts, protective easement, public or private land trust dedication, or other similarly preserved area may petition the County Assessor-Treasurer’s Office to have that portion of land assessed consistent with those restrictions. (Ord. 362 § 3 (part), 2004.)

14A.142.130Compliance Provisions.

1. General Provisions.

A. The Department shall have authority to enforce this Title, any rule or regulation adopted, and any permit, order or approval issued pursuant to this Title, against any violation or threatened violation thereof. The Department is authorized to issue civil infraction citations and administrative orders, levy fines, and/or institute legal actions in court including prosecution of misdemeanor violations. Recourse to any single remedy shall not preclude recourse to any of the other remedies. Each violation of this Title, or any rule or regulation adopted, or any permit, permit condition, approval or order issued pursuant to this Title, 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. An application for a required permit, when pursued in good faith, shall stay the accumulation of violations. All costs, fees, and expenses in connection with enforcement actions may be recovered as damages against the violator.

B. The Department is authorized to make site inspections and take such actions as necessary to enforce this Title. A Department representative may enter private property with the consent of the owner or occupant or pursuant to a warrant.

C. The Department shall have the authority to order restoration, rehabilitation or replacement measures to compensate for the destruction or degradation of critical areas or natural resource lands at the owner's expense.

D. The Department may bring appropriate actions at law or equity, including actions for injunctive relief, to ensure that no uses are made of critical areas or buffers which are inconsistent with this Title. Enforcement actions shall include civil infractions, administrative orders, prosecution of misdemeanors, and actions for damages and restoration.

E. Aiding or abetting. Any person who, through an act of commission or omission procures, aids or abets in the violation shall be considered to have committed a violation of this Title.

F. Any person found to have violated any provision of this Title or who knowingly makes a false statement, representation or certification in any application, record or other document filed or required to be maintained under this Title or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device, record or methodology required to be maintained pursuant to this Title shall be guilty of a misdemeanor, punishable by up to 90 days in jail and/or a fine of up to $1,000.00.

G. Orders and penalties issued pursuant to this Section may be appealed as provided for by this Title.

2. Administrative Orders.

A. The Department may serve an administrative order when any person makes or partakes in any use of land, development or any activity on regulated critical areas and/or buffers in violation of this Title. The order shall include the following:

1. A description of the specific nature, location, extent and time of violation. The order may include the damage or potential damage resulting from the violation.

2. A notice that the violation or the potential violation cease and desist or, in appropriate cases, the specific corrective action to be taken within a given time. A civil penalty may be issued with the order.

3. Effective date. The cease and desist order issued under this Section shall become effective immediately upon receipt by the person to whom the order is directed.

4. Compliance. Failure to comply with the terms of an administrative order can result in enforcement actions including, but not limited to, the issuance of a civil penalty.

5. The order may include specific corrective measures to be taken to mitigate environmental damage.

6. The order shall state that a hearing may be requested by an affected party by sending a written request for a hearing to the Hearing Examiner within ten (10) days of the receipt of said order and upon payment of the applicable appeal fee.

7. Failure to comply with the terms and provisions of an administrative order issued under this Title shall constitute public nuisance and may be abated and prosecuted according to applicable law including Lakewood Municipal Code Section 8.16, RCW 7.48 and RCW 9.66.

8. Administrative orders pursuant to this Title shall be served upon the property owner or person or party occupying the property by personal service or by mailing a copy of the order by certified mail, postage prepaid, return receipt requested, to the property owner at the property address or to the mailing address listed upon public records regarding the property. In the event that personal service or certified mail service cannot be completed, or the property owner cannot be identified or located, service of the order may be achieved by posting the administrative order in a conspicuous location upon the property.

B. Any person who undertakes any activity within a regulated critical area or buffer without first obtaining an approval required by this Title, or who violates one or more conditions of any approval required by this Title, shall be subject to a Class 2 civil infraction citation with a mandatory $250.00 fine. Any person who violates one or more conditions of administrative order issued under this Title may be subject to prosecution for a misdemeanor, and a maximum penalty of 90 days in jail and/or a $1,000.00 fine may be imposed. Each violation and, in the case of a continuing violation, each violation and each day of activity without a required approval shall be a separate and distinct violation. An application for a required permit, when pursued in good faith, shall stay the accumulation of violations. The penalty provided shall be appealable as provided by law.

3. Penalties and Enforcement. Any person, party, firm, corporation or other legal entity convicted of violating any of the provisions of this Title, shall be guilty of a civil infraction or misdemeanor. Each day or portion of a day during which a violation of this Title is continued, committed, or permitted shall constitute a separate offense. Any development carried out contrary to the provisions of this Title shall constitute a public nuisance and may be enjoined as provided by the Statutes of the State of Washington.

4. Suspension and Revocation. In addition to other penalties provided for elsewhere, the Department may suspend or revoke any project permit approval if it finds that the applicant has not complied with any or all of the conditions or limitations set forth in the approval, has exceeded the scope of work set forth in the approval, or has failed to undertake the project in the manner set forth in the approved application. (Ord. 362 § 3 (part), 2004.)

14A.142.140Appeal Procedures.

Requests for reconsideration and appeals of a decision issued under this Title shall be considered by the City according to procedures provided in the City’s Land Use and Development Code for the underlying permit or entitlement, or as an appeal of an administrative decision. (Ord. 362 § 3 (part), 2004.)

14A.142.150Financial Guarantees.

The City shall require an applicant to submit a financial guarantee to the City to guarantee any performance, mitigation or monitoring required as a condition of permit approval under this title. The permit shall not be granted until the financial guarantee is received by the Department.

A. Financial Guarantees required under this Title shall:

1. be in addition to the site development construction guarantee required by the City's Site Development Regulations.

2. be submitted on financial guarantee forms found in the City's Site Development Regulations Appendix;

3. be 125 percent of the estimate of the cost of mitigation or monitoring to allow for inflation and administration should the City have to complete the mitigation or monitoring;

4. be released by the City only when City officials have inspected the site(s) and the applicant's engineer and/or appropriate technical professional has provided written confirmation that the performance, mitigation or monitoring requirements have been met. (Ord. 362 § 3 (part), 2004.)

14A.142.160Fees.

The City shall establish an appropriate fee structure for permit processing and technical review by separate resolution. (Ord. 362 § 1 (part), 2004.)

14A.142.170Title and Pat Notification.

If more than one critical areas/resource lands exist on the site subject to the provisions of this Title, then one notice which addresses all of the critical areas/resource lands shall be sufficient. (Ord. 362 § 3 (part), 2004.)

14A.142.180Nonconforming Uses.

An established use or existing structure that was lawfully permitted prior to adoption of this Chapter, but which is not in compliance with this Chapter, may continue subject to the following:

A. Nonconforming uses shall not be expanded, or changed in any way that increases the nonconformity without a permit issued pursuant to the provisions of this Chapter;

B. Existing structures shall not be expanded or altered in any manner which will increase the nonconformity without a permit issued pursuant to the provisions of this Chapter, except one-family dwellings and accessory structures may be expanded or altered as provided in Section 14A.142.070 G.;

C. Activities or uses which are discontinued for twelve (12) consecutive months shall be allowed to resume only if they are in compliance with this Chapter; and

D. Nonconforming structures destroyed by fire, explosion, or other casualty may be replaced or restored if reconstruction is commenced within one (1) year of such damage and is substantially completed within eighteen (18) months of the date such damage occurred. The reconstruction or restoration shall not serve to expand, enlarge or increase the nonconformity. (Ord. 362 § 3 (part), 2004.)

14A.142.190Administrative Procedures and Technical Criteria.

The Department shall develop administrative procedures, including technical requirements, to guide decision making in implementing provisions of this Chapter. In particular, the Department shall adopt procedures for determining the category of specific wetlands. In so doing, the Department shall solicit the views of wetland specialists, ecologists, developers and interested citizens. Administrative procedures can be modified from time to time, and can include material by reference to state or federal criteria subject to notice to the public and consideration of public views and input. Administrative procedures shall be made available to the public upon request, and shall be consistent with the provisions of this Chapter. Upon request, the Department shall provide The City Council with copies of all administrative procedures, including modifications, to ensure consistency with the provisions of this Chapter. (Ord. 362 § 3 (part), 2004.)

14A.142.200Severability.

If any provision of this Title or any of its subsections, or its application to any person or circumstance is held invalid, the remainder of this regulation or the application of the provision to other persons or circumstances shall not be affected. (Ord. 362 § 3 (part), 2004.)