Chapter 18E.10
GENERAL PROVISIONS Revised 6/19

Sections:

18E.10.010    Authority.

18E.10.020    Title.

18E.10.030    Purpose.

18E.10.040    Interpretation.

18E.10.050    Applicability.

18E.10.060    Definitions.

18E.10.070    Administration. Revised 6/19

18E.10.080    Critical Area Protective Measures.

18E.10.090    Reconsideration and Appeal Procedures.

18E.10.100    Fees.

18E.10.110    Compliance.

18E.10.120    Warning and Disclaimer of Liability.

18E.10.130    Severability.

18E.10.140    Appendices.

A.    Mapping Sources.

B.    Title and Plat Notification/Plat Notes.

C.    Forfeiture of Financial Guarantees.

18E.10.010 Authority.

This Title is established pursuant to RCW 36.70A, RCW 86.16, WAC 173-22, and Pierce County Resolution No. R91-9. (Ord. 2004-56s § 4 (part), 2004)

18E.10.020 Title.

This Title shall be known as "Title 18E PCC, Development Regulations – Critical Areas." (Ord. 2004-56s § 4 (part), 2004)

18E.10.030 Purpose.

Erosion, landslide, seismic, volcanic, mine, and flood hazard areas; streams; wetlands; certain fish and wildlife species and habitat; and aquifer recharge areas constitute critical areas. All of these areas are of special concern to the people of Pierce County and the State of Washington. The purpose of this Title is to protect critical areas of Pierce County from the impacts of development and protect development from the impacts of hazard areas by establishing minimum standards for development of sites which contain or are adjacent to identified critical areas and thus promote the public health, safety, and welfare by:

A.    Avoiding impacts to critical areas;

B.    Mitigating unavoidable impacts by regulating development;

C.    Protecting from impacts of development;

D.    Protecting the public against losses from:

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

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

E.    Preventing adverse impacts on water availability, water quality, wetlands, and streams;

F.    Protecting unique, fragile, and valuable elements of the environment, including critical fish and wildlife habitat;

G.    Providing County officials with sufficient information to adequately protect critical areas and proposed development when approving, conditioning, or denying public or private development proposals;

H.    Providing the public with sufficient information and notice of potential risks associated with development in natural hazard critical areas; and

I.    Implementing the goals and requirements of the Growth Management Act of 1990, the State Environmental Policy Act, the Puget Sound Water Quality Management Plan, the Pierce County Charter, the Pierce County Comprehensive Plan, and all updates and amendments, functional plans, and other land use policies formally adopted by Pierce County.

(Ord. 2004-56s § 4 (part), 2004)

18E.10.040 Interpretation.

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. 2004-56s § 4 (part), 2004)

18E.10.050 Applicability.

A.    This Title shall apply to all lands or waters within unincorporated Pierce County that are designated as critical areas by Pierce County.

B.    No development shall hereafter be constructed, located, extended, converted, or altered or land subdivided without full compliance with the terms of this Title.

C.    When the requirements of this Title are more stringent than those of other Pierce County codes and regulations, including the Uniform Building Code, the requirements of this Title shall apply.

D.    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.

E.    Criteria for determining critical areas is contained within each Chapter of this Title.

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

G.    Critical areas, as defined and regulated by this Title, are identified on the following Pierce County Critical Areas Atlas Maps:

1.    County Wetland Inventory Maps;

2.    Landslide Hazard Area Maps;

3.    Erosion Hazard Area Maps;

4.    Seismic Hazard Area Maps;

5.    Volcanic Hazard Area Maps;

6.    Mine Hazard Area Maps;

7.    Aquifer Recharge and Wellhead Protection Areas Maps;

8.    Fish and Wildlife Habitat Area Maps;

9.    Flood Hazard Area Maps;

10.    Marine Shoreline Critical Salmon Habitat Maps; and

11.    Oak and Prairie Area Maps.

H.    The exact boundary of each critical area depicted on the Critical Areas Atlas Maps is approximate and is intended only to provide an indication of the presence of a critical area on a particular site. Additional critical areas that have not been mapped may be present on a site. The actual presence of a critical area or areas and the applicability of these regulations shall be determined based upon the classification or categorization criteria and review procedures established for each critical area.

I.    The Pierce County Critical Areas Atlas Maps shall be updated and maintained by the Cartography Laboratory of the Planning and Public Works Department.

J.    Development of the Pierce County Critical Areas Atlas Maps were derived from the sources listed in PCC 18E.10.140 – Appendix A. These sources may be updated from time to time and will result in a correlating update to the applicable Critical Areas Atlas Maps.

(Ord. 2017-12s § 2 (part), 2017; Ord. 2006-103s § 2 (part), 2006; Ord. 2005-80s § 3 (part), 2005; Ord. 2004-56s § 4 (part), 2004)

18E.10.060 Definitions.

See Chapter 18.25 PCC for a complete list of defined terms. (Ord. 2004-56s § 4 (part), 2004)

18E.10.070 Administration. Revised 6/19

A.    Approvals Required. An approval must be obtained from Pierce County when the Department determines that the site or project area may contain a critical area or its buffer, as set forth in each Chapter.

B.    Application Requirements.

1.    Preliminary Review. The provisions for conducting a preliminary review for an application is set forth in Chapter 18.40 PCC, Development Regulations – General Provisions.

2.    Application Filing.

a.    Applications shall be reviewed for completeness in accordance with Department submittal standards checklists and pursuant to Chapter 18.40 PCC, Development Regulations – General Provisions.

b.    The County shall maintain a roster of consultants (e.g., wetland specialists, fish and wildlife biologists, etc., except those professionals who are licensed by the State of Washington such as engineers, geologists and surveyors) who are eligible to submit applications and accompanying assessments, reports, studies, evaluations, delineations, verifications, surveys, etc. as required under this Title. A consultant may be removed from the County's eligibility roster (i.e., given an ineligibility status) for a time period of not less than six months nor greater than twelve months when the Director determines that the consultant knowingly or repeatedly (three times) submits inaccurate assessments, reports, plans, surveys, certification forms, etc. The consultant will be informed in writing of the County's decision for removal from the roster, the time period for such removal, and appeal procedures.

3.    Modifications.

a.    The Department may request an update of any required assessment, report, delineation, study, etc. due to the potential for change in the existing environment that may have been caused by a natural event (e.g., seismic event, landslides, flooding, etc.) that occurred after the original document was initially submitted but prior to the Department granting issuance of the permit or approval.

b.    The request to update any required assessment, report, delineation, study, etc. shall be utilized when there is a potential for life safety issues that may occur as a result of the natural event (e.g., increased potential for landslide).

c.    The Department shall request any required updates in writing.

C.    Public Notice. Public notice provisions for notice of application; public hearing, if applicable; and final decision pursuant to this Title are outlined in Chapter 18.80 PCC, Development Regulations – General Provisions.

D.    Review.

1.    Initial Review. The Department shall conduct an initial review of any application in accordance with the provisions outlined in Chapter 18.60 PCC, Review Process.

2.    Review Responsibilities.

a.    The Department is responsible for administration, circulation, and review of any applications and approvals required by this Title.

b.    The Examiner shall be the decision authority for any approval under this Title requiring a public hearing, including but not limited to Reasonable Use Exceptions and Variances.

c.    Other County departments and State agencies, as determined by the Department, may review an application and forward their respective recommendations to the Director or Examiner, as appropriate.

3.    Review Process.

a.    The Department shall perform a critical area review for any application submitted for a regulated activity, including but not limited to those set forth in PCC 18E.20.020. Reviews for multiple critical areas shall occur concurrently. For critical areas within shoreline jurisdiction, critical area review shall occur as part of the shoreline review process.

b.    The Department shall, to the extent reasonable, consolidate the processing of related aspects of other Pierce County regulatory programs which affect activities in regulated critical areas, such as subdivision or site development, with the approval process established herein so as to provide a timely and coordinated review process.

c.    As part of the review of all development or building-related approvals or permit applications, the Department shall review the information submitted by the applicant to:

(1)    Confirm the nature and type of the critical area and evaluate any required assessments, reports, or studies;

(2)    Determine whether the development proposal is consistent with this Title;

(3)    Determine whether any proposed alterations to the site containing critical areas are necessary; and

(4)    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.

d.    Activities associated with a proposed single-family residence or associated features within an undeveloped lot (one lacking a residential dwelling) may be waived from critical area review requirements when the following conditions have been met:

(1)    The boundary of the critical area can be accurately determined without the need for a field review, using secondary data sources such as, but not limited to: aerial photographs, topographic maps, and floodplain maps;

(2)    The critical area buffer can be established without field review;

(3)    All aspects of the project are located outside of the required buffer;

(4)    The buffer is vegetated consistent with PCC 18E.40.060 G., Buffer and Setback Functioning Condition; and

(5)    Compliance with the buffer requirement is adequate to protect the regulated species or habitat area from any impacts of the proposed activity. This exemption may not apply where additional protective measures, such as timing restrictions, are required.

e.    When it is determined that regulated activities subject to SEPA (Title 18D PCC) are likely to cause a significant, adverse environmental impact to the critical areas identified in this Title that cannot be adequately mitigated through compliance with this Title, mitigation measures may be imposed consistent with the procedures established in PCC 18D.40.060.

f.    Critical area applications required under this Title shall be approved prior to approval of any related action (parent application) such as, but not limited to, a building permit, land division action, site development action, forest practice application, Tacoma-Pierce County Health Department (TPCHD) permit, use permit, or shoreline permit.

4.    Approval.

a.    Pierce County 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. Approval or denial shall be based on the Department's or Examiner's, as applicable, evaluation of the ability of any proposed mitigation measures to reduce risks associated with the critical area and compliance with required standards.

b.    Applicants shall comply with the recommendations and/or mitigation measures contained in final approved assessments or reports and any Department or Examiner conditions of approval.

c.    Approval of an application required under this Title must be given prior to the start of any development activity on a site.

5.    Denial. The Department or Examiner, as applicable, shall have the authority to deny any application for development or building-related approvals or permits when the criteria established in this Title have not been met.

6.    Time Period for Final Decision. The provisions for issuing a notice of final decision on any application filed pursuant to this Title are set forth in Chapter 18.100 PCC, Development Regulations – General Provisions.

E.    Time Limitations.

1.    Expiration of Approval.

a.    Approvals granted under this Title shall be valid for the same time period as the underlying permit (e.g., preliminary plat, site development, building permit). If the underlying permit does not contain a specified expiration date then approvals granted under this Title shall be valid for a period of three years from the date of issue, unless a longer or shorter period is specified by the Department.

b.    The approval shall be considered null and void upon expiration, unless a time extension is requested and granted as set forth in subsection 2. below.

2.    Time Extensions.

a.    The applicant or owner(s) may request in writing a one-year extension of the original approval.

b.    Knowledge of the expiration date and initiation of a request for a time extension is the responsibility of the applicant or owner(s).

c.    A written request for a time extension shall be filed with the Department at least 60 days prior to the expiration of the approval.

d.    Upon filing of a written request for a time extension, a copy shall be sent to each party of record together with governmental departments or agencies that were involved in the original approval process. By letter, the Department shall request written comments be delivered to the Department within 30 days of the date of the letter.

e.    Prior to the granting of a time extension, the Department may require a new application(s), updated study(ies), and fee(s) if:

(1)    The original intent of the approval is altered or enlarged by the renewal;

(2)    If the circumstances relevant to the review and issuance of the original approval have changed substantially; or

(3)    If the applicant failed to abide by the terms of the original approval.

f.    If approved, the one-year time extension shall be calculated from the date of granting said approval.

g.    The Director has the authority to grant or deny any requests for time extensions based upon demonstration by the applicant of good cause for the delay.

F.    Recording.

1.    Approvals.

a.    Approvals issued pursuant to this Title shall be recorded on the title of the project parcel(s) at the Pierce County Auditor's Office prior to issuance of any site development permits or building permits, as applicable. Failure to record an approval in this timeframe may result in the imposition of enforcement actions. Also refer to PCC 18E.10.080 C., Title and Plat Notification, for additional recording requirements.

b.    Recording of critical area approvals for work completed within utility line easements on lands not owned by the jurisdiction conducting the regulated activity shall not be required.

(Ord. 2013-45s4 § 4 (part), 2015; Ord. 2004-56s § 4 (part), 2004)

18E.10.080 Critical Area Protective Measures.

A.    General. All critical area tracts, conservation easements, land trust dedications, and other similarly preserved areas shall remain undeveloped in accordance with the conditions of approval, except as they may be allowed to be altered pursuant to each Chapter.

B.    Financial Guarantees.

1.    Pierce County may require an applicant to submit one or more financial guarantees to the County, as set forth in each Chapter, to guarantee any performance, mitigation, maintenance, or monitoring required as a condition of permit approval. The approval for the project will not be granted until the financial guarantee is received by the Department. Projects where Pierce County or one of its departments is the applicant shall not be required to post a financial guarantee.

2.    Financial guarantees required under this Title shall be:

a.    In addition to the site development construction guarantee required in Title 17A PCC, Construction and Infrastructure Regulations – Site Development and Stormwater Drainage Appendix.

b.    Financial guarantees shall be on an approved County form.

c.    In the amount of 125 percent of the estimate of the cost of mitigation or monitoring to allow for inflation and administration should the County have to complete the mitigation or monitoring, unless the provisions set forth in PCC 18E.10.080 C. below are applicable.

d.    Released by the County only when County officials have inspected the site(s) and the applicant's appropriate technical professional has provided written confirmation that the performance, mitigation, or monitoring requirements have been met.

C.    Title and Land Division Notification.

1.    General.

a.    Title and/or land division notice shall be required to be recorded with the Pierce County Auditor on each site that contains a critical area, prior to approval of any regulated activity on a site.

b.    If more than one critical area subject to the provisions of this Title exists on the site, then one notice, which addresses all of the critical areas, shall be sufficient.

c.    Title and land division notifications and notes shall be approved by the Department and shall be consistent with PCC 18E.10.140 – Appendix B.

2.    Title Notification.

a.    When Pierce County determines that activities not exempt from this Title are proposed, the property owner shall file a notice with the Pierce County Auditor. The notice shall provide a public record of the presence of a critical area and associated buffer, if applicable; the application of this Title to the property; and that limitations on actions in or affecting such critical area and associated buffer, if applicable, may exist.

b.    The notice shall be notarized and shall be recorded with the Pierce County Auditor prior to approval of any regulated use or activity for the site.

c.    Notice on title is not required for utility line easements on lands not owned by the jurisdiction conducting the regulated activity (e.g., gas pipelines).

3.    Land Division Notification and Notes. The applicant shall include notes, as referenced in PCC 18E.10.140 – Appendix B, on the face of any proposed final plat, binding site plan, large lot, and short subdivision documents for projects that contain critical areas or critical area buffers. The applicant shall also clearly identify the critical area boundaries and the boundary of any associated buffers on the face of these documents.

D.    Tracts and other Protective Mechanisms. Prior to final approval of any subdivisions, short subdivisions, large lot divisions, or binding site plans, the part of the critical area and required buffer which is located on the site shall be placed in a separate tract or tracts. (See Figure 18E.10-2 in Chapter 18E.120 PCC), or alternative protective mechanism such as a protective easement, public or private land trust dedication, or similarly preserved through an appropriate permanent protective mechanism as determined by Pierce County. Approval of an alternative protective mechanism will be based upon the Department's or Hearing Examiner's, as applicable, determination that such alternative mechanism provides the same level of permanent protection as designation of a separate tract or tracts. Each lot owner within the subdivision, short plat, large lot, or binding site plan shall have an individual taxable interest in the tract(s) or protective mechanism created by this Section.

E.    Homeowners Covenants. A description of the critical area and required buffer shall be placed in any required homeowners' covenants. Such covenants shall contain a detailed description of the allowable uses within the critical area and, if applicable, associated buffer and long-term management and maintenance requirements.

F.    Identification of Critical Areas and Required Buffers on Construction Plans. Critical areas and required buffers shall be clearly identified on all construction plans such as, but not limited to, site development plans, residential building plans, commercial building plans, forest harvest plans, conversion option harvest plans, etc.

G.    Markers, Fencing, and Signage.

1.    Markers. The Department may require the outer edge of the critical area boundaries or, if applicable, required buffer boundaries on the site to be flagged by the qualified professional, as outlined in each Chapter. These boundaries shall then be identified with permanent markers and located by a licensed surveyor, unless otherwise stated in this Title. The permanent markers shall be clearly visible, durable, and permanently affixed to the ground.

2.    Fencing.

a.    Temporary Construction Fencing. Temporary fencing is required when vegetation is to be retained in an undisturbed condition within the critical area and required buffer. In such cases, the applicant will be required to construct silt fencing, construction fencing, or other County approved method of temporary fencing at the edge of the critical area or, if applicable, the edge of the required buffer prior to beginning construction on the site. Temporary fencing shall not be required when alteration to a critical area or the buffer is allowed.

b.    Permanent Fencing. The Department may require the construction of permanent fencing along the buffer boundary of a wetland, fish or wildlife habitat conservation area or active landslide hazard area.

3.    Signage.

a.    The Department may require permanent signage to be installed at the edge of the critical area or, if applicable, the edge of the required buffer.

b.    When a sign is required, it shall indicate the type of critical area and if the area is to remain in a natural condition as permanent open space.

c.    Exact sign locations, wording, size, and design specifications shall be established by the Department. Required signage shall be clearly visible, durable, and permanently affixed to the ground.

d.    Prior to final approval of any critical area application, the applicant shall submit an affidavit of posting to the Department as proof that any required signs were posted on the site.

H.    Building Setbacks.

1.    Unless otherwise provided in this Title, buildings and other structures shall be set back a distance of 15 feet from the edge of all critical area buffers or, where no buffers are required, the edge of the critical area.

2.    The following uses and activities may be allowed in the building setback area:

a.    Landscaping;

b.    Uncovered decks;

c.    Building overhangs if such overhangs do not extend more than 18 inches into the setback area;

d.    Impervious ground surfaces, such as driveways, parking lots, roads, and patios, provided that such improvements conform to the water quality standards set forth in Title 17A PCC and that construction equipment does not enter the buffer during the construction process; and

e.    Clearing and grading.

(Ord. 2017-2s § 2 (part), 2017; Ord. 2004-56s § 4 (part), 2004)

18E.10.090 Reconsideration and Appeal Procedures.

Procedures for appeal of an administrative decision and procedures for reconsideration or appeal of a Hearing Examiner decision issued pursuant to this Title are set forth in Chapter 1.22 PCC. (Ord. 2004-56s § 4 (part), 2004)

18E.10.100 Fees.

Fees for applications and/or review of reports, studies, or plans filed pursuant to this Title are set forth in Chapter 2.05 PCC. (Ord. 2004-56s § 4 (part), 2004)

18E.10.110 Compliance.

A.    The regulations for compliance with the provisions of this Title are set forth in Chapter 18.140 PCC, Compliance.

B.    When a critical area or its required buffer has been altered in violation of this Title, the Department shall require the property owner to bring the site into compliance. The property owner shall be required to submit the appropriate critical area application and commence review, as applicable for each Chapter. In addition to any required site investigation, delineations, assessments, reports, etc., the property owner shall be required to submit a restoration plan that identifies the proposed mitigation to bring the subject property into compliance with the requirements of this Title.

(Ord. 2010-70s § 13 (part), 2010; Ord. 2004-56s § 4 (part), 2004)

18E.10.120 Warning and Disclaimer of Liability.

To promote public health, safety, and welfare, this Title provides the minimum standards for development of sites which contain or are adjacent to identified critical areas. The minimum standards are deemed to be reasonable for regulatory purposes and are based on scientific and engineering considerations. However, natural and manmade events that exceed the scope regulated under this Title may include but are not limited to: erosion of land, landslides, seismic and volcanic activity, mining, and flooding. Such events may cause serious personal or bodily injury, including death, and damage to or loss of property. The minimum standards in this Title are not a guarantee against damage or injury. Applicants under this Title are responsible for fully investigating and making their own assessment of all potential risks, harm, and dangers that may be present in or near their site and are free to exceed the established standards if they choose.

(Ord. 2004-56s § 4 (part), 2004)

18E.10.130 Severability.

If any provision of this Title 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. 2004-56s § 4 (part), 2004)

18E.10.140 Appendices.

A.    Mapping Sources.

B.    Title and Plat Notification/Plat Notes.

C.    Forfeiture of Financial Guarantees.

18E.10.140 – Appendix A
Mapping Sources

The following sources of information, or latest available version, may be used to indicate the presence of critical areas within Pierce County and provide data used in the development of the Pierce County Critical Area Atlas Maps:

A.    The following sources identify wetlands that are depicted in the Pierce County Wetland Inventory Maps and/or used as indicators of wetland presence:

1.    Soil Survey of Pierce County Area, Washington, 1979, Soil Conservation Service, United States Department of Agriculture (USDA);

2.    Soil Survey of Snoqualmie Pass Area, Parts of King and Pierce Counties, Washington, United States Department of Agriculture, Soil Conservation Service, December 1992;

3.    National Wetland Inventory Maps, U.S. Department of Interior, Fish and Wildlife Service, 1973;

4.    FEMA FIRM Maps and Flood Insurance Study;

5.    Aerial photographs, Department of Natural Resources, 1985 (Assessor's Office aerials);

6.    Ongoing field investigation to categorize and delineate wetlands; and

7.    Buildable Lands Wetland Inventory, 2001.

B.    The following sources identify landslide and erosion hazard areas that are depicted in the Critical Areas Atlas-Landslide Hazard Area Maps and Erosion Hazard Areas Maps and/or used as indicators of landslide and erosion hazard area presence:

1.    Soil Survey of Pierce County Area, Washington, 1979, Soil Conservation Service, United States Department of Agriculture (USDA);

2.    Soil Survey of Snoqualmie Pass Area, Parts of King and Pierce Counties, Washington, United States Department of Agriculture, Soil Conservation Service, December 1992;

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

4.    Pierce County topographic data;

5.    United States Geologic Survey Quadrangle maps;

6.    Coastal Zone Atlas of Washington, Volume VII, Pierce County, Washington Department of Ecology;

7.    Applicant supplied and verified data of active landslide areas and potentially unstable areas; and

8.    Buildable Lands Slope Data, 2001.

C.    The following sources identify seismic hazard areas which are depicted in the Critical Areas Atlas-Seismic Hazard Areas Map and/or used as indicators of seismic hazard area presence:

1.    Washington State Department of Natural Resources Division of Geology and Earth Resources 1-100,000 Scale Digital Geology of Washington State; and

2.    Areas designated as faults or subject to liquefaction or dynamic settlement on maps or data published by the United States Geological Survey or Washington Department of Natural Resources Division of Geology and Earth Resources;

3.    Washington State Department of Natural Resources Division of Geology and Earth Resources 1-100,000 Scale Digital Geology: Liquefaction Susceptibility of the Greater Tacoma Urban Area, Pierce and King Counties, Washington; Sumner 7.5 Minute Quadrangle, Washington; and the Auburn and Poverty Bay 7.5 Minute Quadrangles, Washington; and

4.    Liquefaction Hazard Ranking by S.P. Palmer, Ph.D., L.E.G., based on Youd and Hoose (1977) and Youd and Perkins (1978).

D.    The following sources identify mine hazard areas which are depicted in the Critical Areas Atlas-Mine Hazard Areas Map and/or used as indicators of mine hazard area presence:

1.    The Washington Department of Natural Resources, Division of Geology and Earth Resources, Washington State Coal Mine Cap Collection, Open File Report 94-7, June 1994;

2.    Ashford Vicinity Map and Map of Lands of Mashell Coal & Coke Company at Ashford, Washington by Andrew Kennedy as verified by Allan J. Papp, P.E.

3.    Washington Geological Survey, Bulletin No. 10, The Coal Fields of Pierce County, Joseph Daniels, 1915; and

4.    Maps of Pierce County Coal Mines compiled by Timothy J. Walsh, Chief Geologist, Division of Geology and Earth Resources, Washington Department of Natural Resources.

E.    The following sources identify volcanic hazard areas that are depicted in the Critical Areas Atlas-Volcanic Hazard Areas Map:

1.    "Map Showing Debris Flows and Debris Avalanches at Mount Rainier, Washington – Historical and Potential Future Inundation Areas," Hydrogeologic Investigations Atlas HA-729, U.S. Dept. of Interior, Geologic Survey, 1995 as amended by Kevin Scott, USGS, on November 10, 1997, to be consistent with the reports listed as 2. and 3. below;

2.    Volcano Hazards from Mount Rainier, Washington by Hoblitt, Walder, Driedger, Scott, Pringle, and Valance, U.S. Geological Survey Open File Report 95-273, 1995;

3.    Sedimentology, Behavior, and Hazards of Debris Flows at Mount Rainier, Washington, U.S. Geological Survey Professional Paper 1547, 1995;

4.    Emergency Action Plan for Nisqually Hydroelectric Project, Federal Energy Regulatory Commission (FERC) Project No. 1862, December 13, 1996, City of Tacoma, Department of Public Utilities, Light Division; and

5.    Table of Estimated Lahar Travel Times for Lahars107 to 108 Cubic Meters in Volume (Approaching a "Case I" Lahar in Magnitude) in the Puyallup River Valley, Mount Rainier, Pierson, T.C., 1998, An empirical method for estimating travel times for wet volcanic mass flows; Bulletin of Volcanology, v. 60, p. 98-109.

F.    The following sources identify fish and wildlife habitats or presence and/or are used as indicators of critical fish or wildlife presence:

1.    Commercial Shellfish Harvesting Areas in Puget Sound, Washington Department of Health, was used as a source to identify fish and wildlife habitat areas which are depicted in the Critical Areas Atlas-Fish and Wildlife Habitat Areas-Commercial Shellfish Harvesting Areas Map;

2.    Water Type Reference Maps, Washington Department of Natural Resources, were used as sources to identify fish and wildlife habitat areas that are depicted in the Critical Areas Atlas-Fish and Wildlife Habitat Areas-Stream Typing Maps;

3.    Natural Heritage Data Base, Washington Department of Natural Resources, was used as a source to identify fish and wildlife habitat areas which are depicted in the Critical Areas Atlas-Fish and Wildlife Habitat Areas-Vascular Plants and Fish and Wildlife Habitat Areas-Animals Maps;

4.    Puget Sound Environmental Atlas, Puget Sound Water Quality Authority;

5.    Coastal Zone Atlas of Washington, Volume VII, Pierce County, Washington Department of Ecology;

6.    Priority Habitats and Species Program and Priority Habitat Species Maps, Washington Department of Fish and Wildlife;

7.    Nongame Data Base, Washington Department of Fish and Wildlife;

8.    Streamnet Database, Washington Department of Fish and Wildlife;

9.    Water Resource Index Areas (WRIA), Washington Department of Fish and Wildlife;

10.    Annual Inventory of Commercial and Recreational Shellfish Areas in Puget Sound, Washington State Department of Health, Office of Shellfish Programs;

11.    Salmon Distribution Maps, Washington Department of Fish and Wildlife and Washington State Conservation Commission Data, January 2000;

12.    Key Peninsula, Gig Harbor, and Islands Watershed Nearshore Salmon Habitat Assessment – Final Report, July 3, 2003, Pentec Environmental;

13.    Existing Grasslands and Oak Woodlands in the Puget Lowland and Willamette Valley Ecoregions Database; October 1999, Washington Natural Heritage Program, Washington Department of Natural Resources;

14.    Prairie Inventory of Graham Community Plan Area, Graham Community Plan, adopted October 10, 2006;

15.    Endangered Species Act-Section 7 Consultation Final Biological Opinion and Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat Consultation issued September 22, 2008.

G.    The following sources identify the aquifer recharge and wellhead protection areas that are depicted in the Critical Areas Atlas-Aquifer Recharge Area-DRASTIC Zones Map and Aquifer Recharge Area-Clover/Chambers Creek Basin Map:

1.    The boundaries of the two highest DRASTIC zones which are rated 180 and above on the DRASTIC index range, as identified in Map of Groundwater Pollution Potential, Pierce County, Washington, National Water Well Association, U.S. Environmental Protection Agency;

2.    The Clover/Chambers Creek Aquifer Basin boundary as identified in the Clover/ Chambers Creek Basin Groundwater Management Program (TPCHD 1991); and

3.    Wellhead protection areas as identified by the Tacoma-Pierce County Health Department.

H.    The following sources identify flood hazard areas:

1.    The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance Study for Pierce County and Incorporated Areas" dated March 7, 2017, with accompanying Flood Insurance Rate Maps (FIRM) and any map amendments or corrections issued by FEMA are hereby adopted by reference and declared to be a part of this Title. Pierce County may add or delete land from areas of special flood hazard or revise base flood elevations in accordance with federal regulations.

2.    The Flood Insurance Study and Maps provide the base information used in the administration of this Title. The Flood Insurance Study is on file at the Pierce County Planning and Public Works Department, 2401 South 35th Street, Tacoma, Washington; and

3.    Where the Flood Insurance Study and FIRM do not provide adequate, best, or most recent information, Pierce County may utilize flood information that is more restrictive or detailed than the FEMA data which can be used for identifying flood hazard areas. This information may include but is not limited to new and more accurate mapping or data on: channel migration, high water elevations from flood events, base flood elevations, groundwater flooding areas, potholes, maps showing increased flood inundation based on future build-out or changed hydrologic conditions, specific maps from watershed basin plans or related studies, studies by federal or state agencies, areas secluded from the 2017 FEMA map update because of federal levee accreditation policies, or other information deemed appropriate by the County.

4.    Channel Migration Zones (CMZs).

a.    Channel migration zones shall be regulated as floodways, and shall apply only to those watercourses listed below

(1)    South Prairie Creek;

(2)    Carbon River;

(3)    Puyallup River;

(4)    White River (including W. fork White River);

(5)    Greenwater River;

(6)    Nisqually River; and

(7)    Mashel River.

b.    Channel Migration Zones on regulated watercourses (listed in subsection 4.a. above) will be regulated when CMZ studies are completed, accepted and adopted by Pierce County, except for the Puyallup River downstream of the confluence with the White River, where the default CMZ shall be the regulated FEMA floodway area. For more information regarding Channel Migration Zones, please refer to Chapter 18E.70 PCC, Flood Hazard Areas.

c.    Geomorphic Evaluation and Channel Migration Zone Analysis; Puyallup, Carbon and White Rivers, for Pierce County Planning and Public Works, Water Programs Division, June 19, 2003, GeoEngineers, Inc.

d.    Geomorphic Evaluation and Channel Migration Zone Analysis South Prairie Creek for Pierce County Water Programs Division, April 29, 2005.

e.    Channel Migration and Avulsion Potential Analyses Upper Nisqually River for Pierce County Public Works, Water Programs Division, June 26, 2007, GeoEngineers, Inc. amended January 25, 2012.

(Ord. 2017-12s § 2 (part), 2017; Ord. 2017-2s § 2 (part), 2017; Ord. 2015-25s § 2 (part), 2015; Ord. 2006-103s § 2 (part), 2006; Ord. 2005-80s § 3 (part), 2005; Ord. 2004-56s § 4 (part), 2004)

18E.10.140 – Appendix B
Title and Plat Notification/Plat Notes

A.    Notice for Title Notification.

(EXAMPLE: WETLAND AND/OR WETLAND BUFFER NOTICE)

Tax Parcel Number:

Address:

Legal Description:

Present Owner:

NOTICE: This property contains (example: wetlands or wetland buffers) as defined by Title 18E, Pierce County Code. The site was the subject of a development proposal for application number ____________ filed on _________(date). Restrictions on use or alteration of the site may exist due to natural conditions of the property and resulting regulations. Review of such application has provided information on the location of the (example: wetland or wetland buffers) and any restriction on use.

_______________________    _____________________

Date    Signature of owner

Notary acknowledgment and notary seal

B.    Additional Title Notification Statements.

1.    Title notification for liquefaction and dynamic settlement hazard areas shall include a statement of the performance criteria (i.e., protection of life safety only, provision for minimal structural damage so that post-earthquake functionality is substantially unchanged, no structural damage for the design earthquake).

2.    Title notification for fault rupture hazard areas shall include a statement that a fault rupture hazard area or associated buffer exists on the site. The title notification shall include a site plan of the subject property with the fault rupture hazard area and associated buffer identified.

3.    Properties that contain flood hazard areas shall include the following statement: "Flood Elevation Certificates are kept on file at the Department of Planning and Public Works."

4.    Properties that have used a portion or the total of the "substantial development or substantial improvement" value shall include the following statement: "This property is regulated by the Flood Hazard Chapter (Chapter 18E.70 PCC). Development on this property has used a portion or the total of the value allotted for "substantial improvement" or "substantial development" of the property. To verify what is remaining to be used, the records are kept electronically on file at the Pierce County Department of Planning and Public Works."

C.    Notice for Plat Notification/Plat Notes.

1.    General. The following notice shall be placed on the face of the final plat, short plat, large lot, or binding site plan documents when said subdivision contains critical areas or critical area buffers:

Notice: This site lies within a (example: landslide hazard area) as defined in Title 18E Pierce County Code. Restrictions on use or alteration of the site may exist due to natural conditions of the site and resulting regulation.

2.    Native/Natural Vegetation Preservation Areas. The following notice shall be placed on the face of the final plat, short plat, large lot, or binding site plan documents when said subdivision contains critical areas or critical area buffers and when said critical areas or critical area buffers have been identified as native/natural vegetation preservation areas.

Notice: "The Critical Areas (e.g., Oregon White Oak Preservation Areas) appearing on this (final site plan/ preliminary plat/final plat/short plat/large lot/engineering drawing) contain areas of natural/ native vegetation intended to buffer the Critical Area from the adverse effects of development. These Critical Areas (e.g,. Oregon White Oak Preservation Areas) shall remain and be maintained in a natural, undeveloped, open space state. There shall be no clearing, grading, filling, or construction within the Critical Areas (e.g., Oregon White Oak Preservation Areas), except as shown on plans or documents approved by Pierce County and contained in the official files for this development. Each Critical Area (e.g., Oregon White Oak Preservation Area) shall remain undisturbed except for periodic watering and hand weeding of plants designated as noxious by the State of Washington."

3.    Plat Notes for the Puyallup, Carbon, Nisqually, Greenwater, and White Rivers and Creeks. The following notes shall be placed on the face of any of final plat, short plat, large lot, or binding site plan (includes commercial, industrial, multi-family and single family residential) documents which lies within a flood hazard area adjacent to the rivers or creeks:

The owner, their heirs, successors and assigns grant to Pierce County, its officers, employees, agents, successors, assigns, contractors, a perpetual easement with a right of immediate entry and continued access over, under, and across the easement and/or the floodplain land area adjoining the ______River or Creek, as an unobstructed ingress and egress to access the ____ River or Creek and associated flood control levee and/or bank protection revetment facility as shown on the plat. The purpose of this easement shall also be for the following purposes:

a.    Ingress and egress;

b.    Trucking and hauling of rock, other material, equipment, and crews to the river, river bank (including the top of bank, channel side slope, channel toe, and bottom), floodplain (including the floodway and flood fringe);

c.    Performing work related to riverbank protection, channel construction, development/rehabilitation, and river systems maintenance;

d.    Levee, dike, and/or revetment construction, relocation, and maintenance as required by Pierce County;

e.    Constructing, maintaining, and/or repairing the river including top of bank, river channel side slopes, channel toe, channel bottom, embankment side slopes (including embankment side slopes that extend beyond the easement width);

f.    Together with the right of Pierce County to remove gravel or natural/foreign debris from the river system, manage vegetation, grading, and other such work required to maintain and/or stabilize the river system and its appurtenance in and adjacent to the subject floodplain area described hereon the Plat of _________; and

g.    This easement and stated conditions shall be enforceable in law or equity against any person or persons violating or attempting to violate this covenant either to restrain violation or to recover any cost or damages or otherwise enforce this easement and/or covenant. If Pierce County is required to bring action to recover any costs, or otherwise enforce this agreement and covenant, Pierce County will be entitled to recover reasonable attorney fees and interest of 12 percent per annum. Said interest to run from the date work was performed by Pierce County.

4.    Plat Notes for Flood Hazard Areas. The following notes shall be placed on the face of any of final plat, short plat, large lot, or binding site plan (includes commercial, industrial, multi-family and single family residential) documents which lie within a flood hazard area:

a.    Grading, clearing, and/or filling within the limits of the 100-year floodplain is regulated per Chapter 18E.70 PCC, Flood Hazard Areas.

b.    The property relating to this subject final plat, short plat, large lot, or binding site plan lies within a flood hazard area. This means that flood events may and can occur that cause serious personal or bodily injury, including death, and damage to or loss of property.

c.    The owner on his behalf and on behalf of his/her heirs, successors and assigns hereby waives any right to assert any claim against Pierce County for any loss, or damage to people or property either on or off the property site resulting from flooding except only for such losses that may directly result from the sole negligence of the County.

(Ord. 2017-12s § 2 (part), 2017; Ord. 2006-103s § 2 (part), 2006; Ord. 2004-56s § 4 (part), 2004)

18E.10.140 – Appendix C
Forfeiture of Financial Guarantees

Failure to complete any performance, mitigation, or monitoring requirement may result in the forfeiture of a financial guarantee. Once a financial guarantee is forfeited, the following process will apply:

A.    Financial guarantees necessary to ensure the completion of required improvements will no longer be accepted by PPW (Development Engineering, Resource Management, Current Planning) to allow final approval of any plat (short plat, formal plat, large lot) from any principal with any outstanding default(s). Necessary improvements must be constructed and must be accepted as complete prior to the final approval (short plat, large lot, formal plat).

B.    Financial guarantees that are necessary for approval of a permit (such as a site development permit) to allow construction to begin will still be accepted from applicants who have defaulted as follows:

1.    Financial guarantees for work in existing County right-of-way will still be accepted, however these financial guarantees must be by bond and must be for two times the required amount (2 x 125 percent of estimate).

2.    Financial guarantees for reclamation will still be accepted, however these financial guarantees must be by bond and must be for two times the required amount (2 x number of disturbed acres x $1,500.00).

3.    Financial guarantees for wetland mitigation construction and wetland monitoring will be accepted, however these financial guarantees must be by bond and must be for two times the required amount.

4.    Financial guarantees for temporary road approaches must be by assignment of funds and must be for two times the required amount.

5.    Financial guarantees that have been accepted in order to allow permit approval to construct plat improvements do not create rights to obtain final approval of the plat (short plat, formal plat, large lot).

C.    18-month guarantees are required after site development improvements are complete to warranty defects in design, construction, etc. 18-month guarantees will still be accepted from applicants who have defaulted, but these guarantees must be by bond and must also be equal to two times the required amount or $5,000.00, whichever is higher.

D.    Applicants who have defaulted on a financial guarantee can clear the outstanding default and return to normal financial guarantee processing through any of the following actions:

1.    Completing the improvements that were defaulted on;

2.    Proving to the Director that the requirement is impossible to meet;

3.    Showing that completing the requirements will cause a hardship for the affected community; or

4.    Showing that the requirement has been substantially met so as to constitute constructive, although not absolute, compliance with the requirement or condition.

(Ord. 2017-12s § 2 (part), 2017; Ord. 2004-56s § 4 (part), 2004)