Chapter 21.64
CRITICAL AREA PROTECTION

Sections:

21.64.010    Purpose and authority.

21.64.020    Applicability.

21.64.030    Definitions.

21.64.040    Critical area maps.

21.64.050    Multiple designations.

21.64.060    SEPA.

21.64.070    Permitted uses.

21.64.071    Allowed activities.

21.64.080    Preliminary consultation.

21.64.081    Permit processing.

21.64.082    Critical area studies.

21.64.083    Reasonable use.

21.64.084    Density credits.

21.64.085    Notice on title.

21.64.086    Building setbacks.

21.64.087    Mitigation.

21.64.088    Nonconforming development.

21.64.089    Administrative rules.

21.64.090    Enforcement.

21.64.091    Appeals.

21.64.095    Frequently flooded areas.

21.64.100    Wetland designation.

21.64.120    Wetland review and reporting requirements.

21.64.130    Wetland buffers.

21.64.135    Provisions for small isolated wetlands.

21.64.140    Wetland buffer averaging.

21.64.141    Wetland buffer increase.

21.64.142    Allowed activities in wetlands and buffers.

21.64.143    Wetland mitigation.

21.64.144    Wetland mitigation plan.

21.64.145    Wetland mitigation monitoring.

21.64.147    Development standards—Wetlands.

21.64.200    Geologically hazardous areas—Designation.

21.64.210    Development standards for landslide hazard areas.

21.64.220    Development standards for erosion hazard areas.

21.64.230    Seismic hazard areas standards.

21.64.240    Geologically hazardous areas review and reporting requirements.

21.64.300    Fish and wildlife habitat—Designation.

21.64.310    Fish and wildlife habitat conservation areas—Water bodies.

21.64.320    Fish and wildlife habitat conservation areas—Water bodies—Buffers.

21.64.325    Fish and wildlife habitat conservation areas—Water bodies—Buffer averaging.

21.64.326    Fish and wildlife habitat conservation areas—Water bodies—Buffer increase.

21.64.330    Fish and wildlife habitat conservation areas—Water bodies—Allowed uses.

21.64.340    Other fish and wildlife habitat conservation areas.

21.64.360    Fish and wildlife habitat conservation areas—Review and reporting requirements.

21.64.370    Fish and wildlife habitat conservation areas—Mitigation standards.

21.64.380    Fish and wildlife habitat conservation areas—Development standards for adjacent development.

21.64.010 Purpose and authority.

A.    These sections establish regulations pertaining to the development of critical areas, as required under the Growth Management Act of 1990 (Chapter 36.70A RCW). State guidelines for classification and protective methods for critical areas are addressed in Chapter 365-190 WAC. “Critical areas” are wetland areas, aquifer recharge areas, frequently flooded areas, geologically hazardous areas, and fish and wildlife habitat conservation areas.

B.    The purpose of these local regulations is to protect the environmentally sensitive resources of Shelton by establishing minimum standards for development of properties which contain or adjoin environmentally sensitive features and thus protect the public health, safety and welfare in regard to critical areas. The city is classifying all required categories of critical areas throughout the city and implementing development regulations to address these areas through these chapters. These standards serve to preclude land uses and developments which are incompatible with critical areas by:

1.    Protecting the public from personal injury, loss of life or property damage due to flooding, erosion, landslides, seismic events, or soil subsidence;

2.    Protecting against publicly financed expenditures to address improper use or improper management of critical areas;

3.    Preventing degradation of the natural environment;

4.    Protecting unique, fragile, and valuable elements of the environment;

5.    Including the best available science in developing policies and development regulations to protect the functions and values of critical areas;

6.    Giving special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries;

7.    Alerting property owners, potential buyers or lessees, appraisers, assessors, and others to the existence of and the development limitations of critical areas;

8.    Providing city officials with sufficient information to adequately protect critical areas when approving, conditioning or denying public or private development proposals;

9.     Meeting the requirements of the National Flood Insurance Program and maintain Shelton as an eligible community for federal flood insurance benefits. (Ord. 1689-1206 § 1 (part), 2007)

21.64.020 Applicability.

This chapter establishes designations and regulations for the protection of all properties which are critical areas. Properties listed, identified, designated, classified or rated as critical areas are those so designated on the resource maps referenced in this chapter, or by separate studies which indicate that all or portions of a particular area or specific site are environmentally sensitive or critical areas. A site-specific analysis which indicates that any element regulated by this chapter is present will result in a property being classified as an environmentally sensitive critical area. Land uses or developments proposed on or adjacent to sites which are critical areas shall comply with the provisions of this chapter. “Critical areas” are wetlands, frequently flooded areas, critical aquifer recharge areas, geologically hazardous areas, and critical fish and wildlife habitat conservation areas. (Ord. 1689-1206 § 1 (part), 2007)

21.64.030 Definitions.

Definitions of terms used in this chapter are:

“Accessory structure” means a structure that is incidental and subordinate to a primary use. Barns, garages, storage sheds, and similar structures are examples.

“Activity” means human activity associated with the use of land or resources.

“Adaptive management” means using scientific methods to evaluate how well regulatory and nonregulatory actions protect the critical area. An adaptive management program is a formal and deliberate scientific approach to taking action and obtaining information in the face of uncertainty. Management policy may be adapted based on a periodic review of new information.

“Agricultural activities” means those activities directly pertaining to the production of crops or livestock including, but not limited to, cultivation, harvest, grazing, animal waste storage and disposal, fertilization, the operation and maintenance of farm and stock ponds or drainage ditches irrigation systems, canals, and normal maintenance, repair, or operation of existing serviceable structures, facilities, or improved areas. Activities that bring an area into agricultural use are not agricultural activities.

“Agricultural land” is land primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, or animal products, or of berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, or livestock, and/or lands that have been designated as capable of producing food and fiber, which have not been developed for urban density housing, business, or other uses incompatible with agricultural activity.

“Alluvial fan” means a fan-shaped deposit of sediment and organic debris formed where a stream flows or has flowed out of a mountainous upland onto a level plain or valley floor because of a sudden change in sediment transport capacity (e.g., significant change in slope or confinement).

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

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

“Anadromous fish” means fish species that spend most of their lifecycle in salt water, but return to freshwater to reproduce.

“Aquifer” means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of groundwater to wells or springs (Chapter 173-160 WAC).

“Aquifer susceptibility” means the ease with which contaminants can move from the land surface to the aquifer based solely on the types of surface and subsurface materials in the area. Susceptibility usually defines the rate at which a contaminant will reach an aquifer unimpeded by chemical interactions with the vadose zone media.

“Aquifer vulnerability” is the combined effect of susceptibility to contamination and the presence of potential contaminants.

“Base flood” is a flood event having a one percent chance of being equaled or exceeded in any given year, also referred to as the one-hundred-year flood. Designations of base flood areas on flood insurance map(s) always include the letters A (zone subject to flooding during a one-hundred-year flood, but less so than V zones) or V (zone subject to the highest flows, wave action, and erosion during a one-hundred-year flood).

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

“Best available science” means information from research, inventory, monitoring, surveys, modeling, synthesis, expert opinion, and assessment that is used to designate, protect, or restore critical areas. As defined by WAC 365-195-900 through 365-195-925, best available science is derived from a process that includes peer-reviewed literature, standard methods, logical conclusions and reasonable inferences, quantitative analysis, and documented references to produce reliable information.

“Best management practices” means conservation practices or systems of practices and management measures that reflect the current scientific and technical consensus on the best or most effective means of addressing adverse effects upon a resource.

“Buffer” means the area adjacent to the outer boundaries of a critical area, such as wetlands, habitat conservation (streams, marine shorelines habitat areas), and/or landslide hazard areas, that provides an area for related ecological functions to take place and/or separates and protects critical areas from adverse impacts associated with adjacent land uses.

“Channel migration zone” means the area along a river or stream within which the channel can reasonably be expected to migrate over time as a result of normally occurring processes. It encompasses that area of current and historic lateral stream channel movement that is subject to erosion, bank destabilization, rapid stream incision, and/or channel shifting, as well as adjacent areas that are susceptible to channel erosion.

“City” means the city of Shelton, Washington.

“Clearing” means the removal of vegetation or plant cover by manual, chemical, or mechanical means. Clearing includes, but is not limited to, actions such as cutting, felling, thinning, flooding, killing, poisoning, girdling, uprooting, or burning.

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

“Conservation” means the prudent management of rivers, streams, wetlands, wildlife and other environmental resources in order to preserve and protect them. This includes the careful utilization of natural resources in order to prevent depletion or harm to the environment.

“Conservation easement” means a legal agreement that the property owner enters into to restrict uses of the land for purposes of natural resources conservation. The easement is recorded on a property deed, runs with the land, and is legally binding on all present and future owners of the property.

“Contaminant” means any chemical, physical, biological, or radiological substance that does not occur naturally in groundwater, air, or soil or that occurs at concentrations greater than those in the natural levels (see also Chapter 173-200 WAC).

“Critical aquifer recharge area” means areas designated by WAC 365-190-080(2) that are determined to have a critical recharging effect on aquifers (i.e., maintain the quality and quantity of water) used for potable water as defined by WAC 365-190-030(2). (Regulated in Chapter 21.66.)

“Critical area study or report” means a report prepared by a qualified professional or qualified consultant based on best available science, and the specific methods and standards for technical study required for each applicable critical area. Geotechnical reports and hydrogeological reports are critical area reports specific to geologically hazardous areas and critical aquifer recharge areas, respectively.

“Critical area tract” means land held in an open undeveloped condition with preservation of native vegetation and other natural features in perpetuity for the protection of critical areas.

Critical Areas. The following areas as required in this chapter shall be regarded as critical areas:

1.    Critical aquifer recharge areas (regulated in Chapter 21.66).

2.    Wetlands.

3.    Geologically hazardous areas.

4.    Frequently flooded areas.

5.    Fish and wildlife habitat conservation areas.

“Critical facilities” means buildings and other structures that are intended to remain operational in the event of extreme environmental loading from flood, wind, snow or earthquakes pursuant to the International Building Code (IBC), 2003 Edition. These include but are not limited to:

1.    Buildings and other structures that represent a substantial hazard to human life in the event of failure including, but not limited to:

a.    Buildings and other structures where more than fifty people congregate in one area;

b.    Buildings and other structures with elementary school, secondary school or day care facilities with an occupant load greater than fifty;

c.    Buildings and other structures with an occupant load greater than fifty for colleges or adult education facilities;

d.    Health care facilities with an occupant load of fifty or more resident patients but not having surgery or emergency treatment facilities;

e.    Jails and detention facilities;

f.    Any other occupancy with an occupant load greater than fifty;

g.    Power generating stations, water treatment for potable water, waste water treatment facilities and other public utility facilities not included in subsection 2 of this definition;

h.    Buildings and structures not included in subsection 2 of this definition containing sufficient quantities of toxic or explosive substances to be dangerous to the public if released.

2.    Buildings and other structures designed as essential facilities including but not limited to:

a.    Hospitals and other health care facilities having surgery or emergency treatment facilities;

b.    Fire, rescue and police stations and emergency vehicle garages;

c.    Designated earthquake, hurricane or other emergency shelters;

d.    Designated emergency preparedness, communication, and operation centers and other facilities required for emergency response;

e.    Structures containing highly toxic materials as defined by IBC Section 307 where the quantity of the material exceeds the maximum allowable quantities of IBC Table 307.7(2);

f.    Aviation control towers, air traffic control centers and emergency aircraft hangars;

g.    Buildings and other structures having critical national defense functions;

h.    Water treatment facilities required to maintain water pressure for fire suppression;

i.    Power-generating stations and other public utility facilities required as emergency backup facilities for structures listed above.

“Critical habitat” means habitat areas with which endangered, threatened, sensitive or monitored plant, fish, or wildlife species have a primary association (e.g., feeding, breeding, rearing of young, migrating). Such areas are identified herein with reference to lists, categories, and definitions promulgated by the Washington Department of Fish and Wildlife as identified in WAC 232-12-011 or 232-12-014; in the priority habitat and species (PHS) program of the Department of Fish and Wildlife; or by rules and regulations adopted by the U.S. Fish and Wildlife Service, National Marine Fisheries Service, or other agency with jurisdiction for such designations.

“Debris flow” means a moving mass of rock fragments, soil, and mud; more than half of the particles being larger than sand size; a general term that describes a mass movement of sediment mixed with water and air that flows readily on low slopes.

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

“Deepwater habitats” means permanently flooded lands lying below the deepwater boundary of wetlands. Deepwater habitats include environments where surface water is permanent and often deep, so that water, rather than air, is the principal medium in which the dominant organisms live. The boundary between wetland and deepwater habitat in the marine and estuarine systems coincides with the elevation of the extreme low water of spring tide; permanently flooded areas are considered deepwater habitats in these systems. The boundary between wetland and deepwater habitat in the riverine and lacustrine systems lies at a depth of two meters (six and six-tenths feet) below low water; however, if emergent vegetation, shrubs, or trees grow beyond this depth at any time, their deepwater edge is the boundary.

“Development” means any activity that results in a change of use or modification of land or its resource. These activities include but are not limited to: clearing of vegetation; filling, grading and other topographic modification; building construction or modification; construction of roads, trails, utilities and other facilities.

“Director” means the director of the city of Shelton department of community and economic development. Functions of the director as defined by this chapter may be assigned to other city of Shelton staff persons at the discretion of the director.

“Drainage ditch” means an artificially created watercourse constructed to drain surface or groundwater. Ditches are graded (manmade) channels installed to collect and convey runoff from fields and roadways. Ditches may include irrigation ditches, waste ways, drains, outfalls, operational spillways, channels, stormwater runoff facilities or other wholly artificial watercourses, except those that directly result from the modification to a natural watercourse. Ditched channels that support fish are considered to be streams.

“Emergency” refers to an unanticipated and imminent threat to public health, safety or the environment. Emergency construction does not include development of new permanent protective structures where none previously existed. As a general matter, flooding or other seasonal events that can be anticipated and may occur but that are not imminent are not an emergency.

“Emergent wetland” means a wetland with at least thirty percent of the surface area covered by erect, rooted, herbaceous vegetation as the uppermost vegetative strata.

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

“Erosion” means a process whereby wind, rain, water and other natural agents mobilize, and transport, and deposit soil particles.

“Erosion hazard areas” means lands or areas underlain by soils identified by the U.S. Department of Agriculture Natural Resource Conservation Service (NRCS) as having “severe” or “very severe” erosion hazards and areas subject to impacts from lateral erosion related to moving water such as river channel migration and shoreline retreat.

“Essential public facility” means those facilities that are typically difficult to site, such as airports, state education facilities, and state or regional transportation facilities, state and local correctional facilities, solid waste handling facilities, and inpatient facilities including substance abuse facilities, mental health facilities, and group homes.

“Estuary” means the zero-gradient sector of a stream where it flows into a standing body of water together with associated natural wetlands; tidal flows reverse flow in the wetland twice daily, determining its upstream limit. It is characterized by low bank channels (distributaries) branching off the main stream to form a broad, near-level delta; bank, bed and delta materials are silt and clay, banks are stable, vegetation ranges from marsh to forest, and water is usually brackish due to daily mixing and layering of fresh and salt water.

“Feasible alternative” means a course of action that can include uses, design, construction techniques, and other features on a site or alternative sites that are reasonably capable of being carried out after taking into consideration existing technology and logistics and that has less impact to critical areas. Cost is one factor in determining whether an action is capable of being carried out.

“Fen” means a mineral-rich wetland formed in peat that has a neutral to alkaline pH. Fens are wholly or partly covered with water and dominated by grass-like plants, grasses, and sedges.

“Fill material” means any solid or semi-solid material, including rock, sand, soil, clay, plastics, construction debris, wood chips, overburden from mining or other excavation activities, and materials used to create any structure or infrastructure, that when placed, changes the grade or elevation of the receiving site.

“Filling” means the act of transporting or placing by any manual or mechanical means fill material from, to, or on any soil surface, including temporary stockpiling of fill material.

“Fish and wildlife habitat conservation areas” are areas important for maintaining species in suitable habitats within their natural geographic distribution so that isolated populations are not created.

“Fish habitat” means a complex of physical, chemical, and biological conditions that provide the life supporting and reproductive needs of a species or life stage of fish. Although the habitat requirements of a species depend on its age and activity, the basic components of fish habitat in rivers, streams, ponds, lakes, estuaries, marine waters, and nearshore areas include, but are not limited to, the following:

1.    Clean water and appropriate temperatures for spawning, rearing, and holding;

2.    Adequate water depth and velocity for migrating, spawning, rearing, and holding, including off-channel habitat;

3.    Abundance of bank and in-stream structures to provide hiding and resting areas and stabilize stream banks and beds;

4.    Appropriate substrates for spawning and embryonic development. For stream and lake dwelling fishes, substrates range from sands and gravel to rooted vegetation or submerged rocks and logs. Generally, substrates must be relatively stable and free of silts or fine sand;

5.    Presence of riparian vegetation as defined in this section. Riparian vegetation creates a transition zone, which provides shade, and food sources of aquatic and terrestrial insects for fish;

6.    Unimpeded passage (i.e., due to suitable gradient and lack of barriers) for upstream and downstream migrating juveniles and adults.

“Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters and/or the unusual and rapid accumulation of runoff of surface waters from any source.

“Floodplain” means the total land area adjoining a river, stream, watercourse, or lake subject to inundation by the base flood.

“Floodway” means the channel of a river or other watercourse and the adjacent land area that must be reserved in order to discharge the base flood without cumulatively increasing the surface water elevation more than one foot. Also known as the “zero rise floodway.” Note: This definition of “floodway” is not applicable to the use of “floodway” in RCW 90.58.030(2).

“Forested wetland” means a wetland with at least thirty percent of the surface area covered by woody vegetation greater than twenty feet in height, excluding monotypic stands of red alder or cottonwood that average eight inches in diameter at breast height or less.

“Frequently flooded areas” means lands in the floodplain subject to a one percent or greater chance of flooding in any given year and those lands that provide important flood storage, conveyance and attenuation functions, as determined by the county in accordance with WAC 365-190-080(3). Classifications of frequently flooded areas include, at a minimum, the one-hundred-year floodplain designations of the Federal Emergency Management Agency and the National Flood Insurance Program.

“Function and value” means the beneficial roles served by critical areas and the values people derive from these roles including, but not limited to, water quality protection and enhancement, fish and wildlife habitat, food chain support, flood storage, conveyance and attenuation, groundwater recharge and discharge, erosion control, wave attenuation, protection from hazards, providing historical and archaeological resources, noise and visual screening, open space, and recreation. These beneficial roles are not listed in order of priority.

“Function assessment” or “functions and values assessment” means a set of procedures, applied by a qualified professional, to identify the ecological functions being performed in a wetland or other critical area, usually by determining the presence of certain characteristics, and determining how well the critical area is performing those functions. Function assessments can be qualitative or quantitative and may consider social values potentially provided by the wetland or other critical area. Function assessment methods must be consistent with best available science.

“Functions” means the processes or attributes provided by areas of the landscape (e.g., wetlands, rivers, streams, and riparian areas) including, but not limited to, habitat diversity and food chain support for fish and wildlife, groundwater recharge and discharge, high primary productivity, low flow stream water contribution, sediment stabilization and erosion control, storm and flood water attenuation and flood peak desynchronization, and water quality enhancement through biofiltration and retention of sediments, nutrients, and toxicants. These beneficial roles are not listed in order of priority.

“Game fish” means those species of fish that are classified by the Washington Department of Wildlife as game fish (WAC 232-12-019).

“Geologically hazardous areas” means areas that, because of their susceptibility to erosion, sliding, earthquake, or other geological events, pose unacceptable risks to public health and safety and may not be suited to commercial, residential, or industrial development.

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

“Grading” means any excavating or filling of the earth’s surface or combination thereof.

“Groundwater” means all water that exists beneath the land surface or beneath the bed of any stream, lake, reservoir, or other body of surface water within the boundaries of the state, whatever may be the geological formation or structure in which such water stands or flows, percolates or otherwise moves (Chapter 90.44 RCW).

“Groundwater management area” means a specific geographic area or subarea designated pursuant to Chapter 173-100 WAC for which a groundwater management program is required.

“Groundwater management program” means a comprehensive program designed to protect groundwater quality, to assure groundwater quantity, and to provide for efficient management of water resources while recognizing existing groundwater rights and meeting future needs consistent with local and state objectives, policies and authorities within a designated groundwater management area or subarea and developed pursuant to Chapter 173-100 WAC.

“Growing season” means the portion of the year when soil temperatures are above biologic zero (forty-one degrees Fahrenheit).

“Growth Management Act” means Chapters 36.70A and 36.70B RCW, as amended.

“Hazard tree” means any tree that is susceptible to immediate fall due to its condition (damaged, diseased, or dead) or other factors, and which because of its location is at risk of damaging permanent physical improvements to property or causing personal injury.

“Hazardous substance” means any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical or biological properties described in WAC 173-303-090 or 173-303-100.

“High intensity land use” means land use that includes the following uses or activities: commercial, urban, industrial, institutional, retail sales, residential (more than one unit/acre), high intensity new agriculture (dairies, nurseries, greenhouses, raising and harvesting crops requiring annual tilling, raising and maintaining animals), high intensity recreation (golf courses, ball fields), hobby farms.

“Hydraulic project approval (HPA)” means a permit issued by the State Department of Fish and Wildlife for modifications to waters of the state in accordance with Chapter 77.55 RCW.

“Hydric soil” means a soil that is saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper part. The presence of hydric soil shall be determined following the methods described in the Washington State Wetland Identification and Delineation Manual (RCW 90.58.380).

“Hydrologic soil groups” means soils grouped according to their runoff-producing characteristics under similar storm and cover conditions. Properties that influence runoff potential are depth to seasonally high water table, intake rate and permeability after prolonged wetting, and depth to a low permeable layer. Hydrologic soil groups are normally used in equations that estimate runoff from rainfall, but can be used to estimate a rate of water transmission in soil. There are four hydrologic soil groups:

1.    Low runoff potential and a high rate of infiltration potential;

2.    Moderate infiltration potential and a moderate rate of runoff potential;

3.    Slow infiltration potential and a moderate to high rate of runoff potential; and

4.    High runoff potential and very slow infiltration and water transmission rates.

“Hydrophytic vegetation” means macrophytic plant life growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content.

“Hyporheic zone” means the saturated zone located beneath and adjacent to streams that contain some proportion of surface water from the surface channel. The hyporheic zone serves as a filter for nutrients, as a site for macroinvertebrate production important in fish nutrition and provides other functions related to maintaining water quality.

“Impervious surface” means a hard surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development or that causes water to run off the surface in greater quantities or at an increased rate of flow compared to natural conditions prior to development. Common impervious surfaces may include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled macadam or other surfaces which similarly impede the natural infiltration of stormwater. Impervious surfaces do not include surface created through proven low impact development techniques.

“Infiltration” means the downward entry of water into the immediate surface of soil.

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

“Intertidal zone” means the substratum from extreme low water of spring tides to the upper limit of spray or influence from ocean derived salts. It includes areas that are sometimes submerged and sometimes exposed to air, mud and sand flats, rocky shores, salt marshes, and some terrestrial areas where salt influences are present.

“Invasive species” means a species that is (1) non-native (or alien) to the Puget Sound lowlands and the city of Shelton urban growth area, and (2) whose introduction causes or is likely to cause economic or environmental harm or harm to human health. Invasive species can be plants, animals, and other organisms (e.g., microbes). Human actions are the primary means of invasive species introductions.

“Lake” means a naturally or artificially created body of deep (generally greater than six and six-tenths feet) open water that persists throughout the year. A lake is larger than a pond, greater than one acre in size, equal to or greater than six and six-tenths feet in depth, and has less than thirty percent aerial coverage by trees, shrubs, or persistent emergent vegetation. A lake is bounded by the ordinary high water mark or the extension of the elevation of the lake’s ordinary high water mark to the stream where the stream enters the lake.

“Landfill” means a disposal facility or part of a facility at which solid waste and/or demolition waste is permanently placed in or on land including facilities that use solid waste as a component of fill. In addition, landfill includes all related land and structures and other improvements on the land used for the disposal of solid waste, pursuant to Chapter 173-351 WAC.

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

“Landslide hazard areas” means areas that, due to a combination of site conditions like slope inclination and relative soil permeability, are susceptible to mass wasting.

“Low intensity land use” means land use that includes the following uses or activities: forestry (cutting of trees only), low intensity open space (such as passive recreation and natural resources preservation), unpaved trails.

“Maintenance and repair” means work required to keep existing improvements in their existing operational state. This does not include any modification that changes the character, scope, or size of the original structure, facility, utility or improved area.

“Major alteration or renovation” means the alteration or renovation of any structure or associated improvements within a critical area or buffer that results in an expansion of floor area of five hundred square feet or more, or more than ten percent and less than fifty percent, whichever is greater; or the expansion of impervious surface by more than one thousand square feet, or more than ten percent and less than fifty percent, whichever is greater; or remodeling or renovation that is greater than fifty percent but less than one hundred percent of the value of the structures or improvements, excluding plumbing, electrical and mechanical systems.

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

“Mature forested wetland” means a wetland with an overstory dominated by mature trees having a wetland indicator status of facultative (FAC), facultative-wet (FACW), or obligate (OBL). Mature trees are considered to be at least twenty-one inches in diameter at breast height.

“Mean annual flow” means the average flow of a river or stream (measured in cubic feet per second) from measurements taken throughout the year. If available, flow data for the previous ten years should be used in determining mean annual flow.

“Minor alteration or renovation” means alteration or renovation of any structure or associated improvements within a critical area or buffer that results in an expansion of floor area of less than five hundred square feet, or ten percent, whichever is less; or the expansion of impervious surface by less than one thousand square feet, or ten percent, whichever is less; or remodeling or renovation that is less than fifty percent of the value of the structure or improvements, excluding plumbing, electrical and mechanical systems.

“Mitigation” means individual actions that may include a combination of the following measures, listed in order of preference:

1.    Avoiding an impact altogether by not taking a certain action or parts of actions;

2.    Minimizing impacts by limiting the degree or magnitude of an action and its implementation;

3.    Rectifying impacts by repairing, rehabilitating, or restoring the affected environment; such as repairing damage done to a critical area resource such as stream or wetland after it is affected by a project;

4.    Reducing or eliminating an impact over time by preservation and maintenance operations during the life of the action;

5.    Compensating for an impact by replacing or providing substitute resources or environments; and

6.    Monitoring the mitigation and taking remedial action when necessary.

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

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

“Moderate intensity land use” means land use that includes the following uses or activities: residential (one unit/acre or less), moderate intensity open space (parks), moderate intensity new agriculture (orchards and hay fields), plant nurseries, paved trails, and building of logging roads.

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

“Native vegetation” means plant species that are indigenous to the Puget Sound lowland and the city of Shelton urban growth area. For the purposes of establishment of native vegetation within buffer areas, native vegetation shall include, but not be limited to, the following:

1.    Native evergreen trees: Douglas fir, Pseudotsuga menziesii; grand fir, Abies grandis; Pacific madrone, Arbutus menziesii; western red cedar, Thuja plicata; western hemlock, Tsuga heterophylla.

2.    Native deciduous trees: Big leaf maple, Acer macrophyllum; beaked hazelnut, Corylus cornuta; black cottonwood, Populus balsamifera; bitter cherry, Prunus emarginata; black hawthorn, Crataegus douglasii; Oregon ash, Fraxinus latifolia; Oregon white oak, Quercus garryana; Pacific wax-myrtle, Myrica californica; red alder, Alnus rubra; vine maple, Acer circinatum; western crabapple, Malus fusca; Hooker’s willow, Salix hookeriana; Pacific willow, Salix lucida; Scouler’s willow, Salix scouleriana; Sitka willow, Salix sitchensis.

3.    Native understory: Black twinberry, Lonicera involucrate; blue elderberry, Sambucus cerulean; red elderberry, Sambucus racemosa; evergreen huckleberry, Vaccinium ovatum; red huckleberry, Vaccinium parvifolium; Indian plum, Oemleria cerasiformis; oceanspray, Holodiscus discolor; Oregon grape, Mahonia (Berberis) aquifoliumow/nervosa; red osier dogwood, Cornus sericea; Pacific ninebark, Physocarpus capitatus; Pacific rhododendron, Rhododendron macrophyllum; straggly gooseberry, Ribes divaricatum; red-flowering currant, Ribes sanguineum; bald-hip rose, Rosa gymnocarpa; Nootka rose, Rosa nutkana; peafruit (swamp) rose, Rosa pisocarpa; thimbleberry, Rubus parviflorus; salal, Gaultheria shallon; serviceberry, Amelanchier alnifolia; salmonberry, Rubus spectabilis; snowberry, Symphoricarpos albus; black twinberry, Lonicera involucrate.

Choice of plants for a specific site must consider the hydric, shade, aspect and other conditions. Spacing of plants shall depend upon the presence of existing native vegetation and the size of plants installed. Generally plantings shall result in a vegetation community consisting of no more than fifty percent deciduous trees. Tree planting shall achieve a spacing where new materials are required of ten feet of one-gallon or smaller specimens, fifteen feet with two-gallon specimens; larger sizes shall be spaced according to specimen size. Understory generally should be installed at a spacing of twelve inches for four-inch pots and thirty-six inches for one-gallon specimens.

“Nearshore habitat” means the zone that extends seaward from the marine shoreline to a water depth of approximately twenty meters (sixty-six feet). Nearshore habitat is rich biologically, providing important habitat for a diversity of plant and animal species.

“No net loss” means the maintenance of the aggregate total of ecological functions and values within a geographic area defined in terms of natural processes, such as a watershed or catchment area.

“Off-site mitigation” means to replace critical areas away from the site on which a critical area has been adversely impacted by a regulated activity.

“Ordinary high water mark” means the mark or line on all lakes, rivers, streams and tidal water that will be found by examining the beds and banks and ascertaining where the presence and action of waters are so common and usual and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland in respect to vegetation (RCW 90.58.030(2)(b)).

“Person” means an individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, state agency or local governmental unit, however designated, or Indian Nation or tribe.

“Planned unit development (PUD)” means one or a group of specified uses, such as residential, resort, commercial or industrial, to be planned and constructed as a unit. Zoning or subdivision regulations with respect to lot size, building bulk, etc., may be varied to allow design innovations and special features in exchange for additional and/or superior site amenities or community benefits.

“Pond” means an open body of water, generally equal to or greater than six and six-tenths feet deep, that persists throughout the year and occurs in a depression of land or expanded part of a stream and has less than thirty percent aerial coverage by trees, shrubs, or persistent emergent vegetation. Ponds are generally smaller than lakes. Farm ponds are excluded from this definition. Beaver ponds that are two years old or less are excluded from this definition.

“Potable” means water that is suitable for drinking by the public (Chapter 246-290 WAC).

“Preservation” means actions taken to ensure the permanent protection of existing, ecologically important critical areas and/or buffers that the county has deemed worthy of long-term protection.

“Primary association” means the use of a habitat area by a listed or priority species for breeding/spawning, rearing young, resting, roosting, feeding, foraging, and/or migrating on a frequent and/or regular basis during the appropriate season(s) as well as habitats that are used less frequently/regularly but which provide for essential life cycle functions such as breeding/nesting/spawning.

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

“Priority species” means wildlife species of concern due to their population status and their sensitivity to habitat alteration, as defined by the Washington Department of Fish and Wildlife.

“Project” means any proposed or existing activity that results in “development,” as defined in this section.

“Project permit” or “project approval” means any land use or environmental permit or approval required by the city of Shelton, but not limited to, building permits, subdivisions, binding site plan, planned unit developments, conditional uses, shoreline substantial development permits, variance, site plan review, permits or approvals authorized by a comprehensive plan or subarea plan.

“Qualified professional” or “qualified consultant” means a person with experience and training with expertise appropriate for the relevant critical area subject in accordance with WAC 365-195-905(4). A qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology, soil science, engineering, environmental studies, fisheries, geology, geomorphology or related field, and related work experience and meet the following criteria:

1.    A qualified professional for wetlands must have a degree in biology, ecology, soil science, botany, or a closely related field and a minimum of five years of professional experience in wetland identification and assessment in the Pacific Northwest.

2.    A qualified professional for habitat conservation areas must have a degree in wildlife biology, ecology, fisheries, or closely related field and a minimum of five years’ professional experience related to the subject species/habitat type.

3.    A qualified professional for geologically hazardous areas must be a professional engineering geologist or geotechnical engineer, licensed in the state of Washington.

4.    A qualified professional for critical aquifer recharge areas means a Washington State licensed hydrogeologist, geologist, or engineer.

“Recharge” means the process involved in the absorption and addition of water from the unsaturated zone to groundwater.

“Re-establishment” means measures taken to intentionally restore an altered or damaged natural feature or process including:

1.    Active steps taken to restore damaged wetlands, streams, protected habitat, and/or their buffers to the functioning condition that existed prior to an unauthorized alteration;

2.    Actions performed to re-establish structural and functional characteristics of the critical area that have been lost by alteration, past management activities, or other events; and

3.    Restoration can include restoration of wetland functions and values on a site where wetlands previously existed, but are no longer present due to lack of water or hydric soils.

“Rehabilitation” means a type of restoration action that restores a critical area to its original form or type such as restoring a wetland to its original hydro-geomorphic class.

“Relative density” is a method for evaluating the density of trees in relation to the theoretical maximum density for trees of the same size and species. It is preferable to a simple density (trees/acre) because it is a more accurate measure of occupied growing space and suppression mortality. Relative density equals the basal area of all trees in the stand divided by the square root of the quadratic mean diameter.

“Repair” or “maintenance” means an activity that restores the character, scope, size, and design of a serviceable area, structure, or land use to its previously authorized and undamaged condition. Activities that change the character, size, or scope of a project beyond the original design and drain, dredge, fill, flood, or otherwise alter critical areas are not included in this definition.

“Resident fish” means a fish species that completes all stages of its life cycle within freshwater and frequently within a local area.

Restoration. See “Re-establishment.”

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

“Riparian corridor” or “riparian zone” means the area adjacent to a water body (stream, lake or marine water) that contains vegetation that influences the aquatic ecosystem, nearshore area and/or and fish and wildlife habitat by providing shade, fine or large woody material, nutrients, organic debris, sediment filtration, and terrestrial insects (prey production). Riparian areas include those portions of terrestrial ecosystems that significantly influence exchanges of energy and matter with aquatic ecosystems (i.e., zone of influence). Riparian zones provide important wildlife habitat. They provide sites for foraging, breeding and nesting; cover to escape predators or weather; and corridors that connect different parts of a watershed for dispersal and migration.

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

“Scrub-shrub wetland” means a wetland with at least thirty percent of its surface area covered by woody vegetation less than twenty feet in height as the uppermost strata.

“Seismic hazard areas” means areas that are subject to severe risk of damage as a result of earthquake-induced ground shaking, slope failure, settlement, or soil liquefaction.

“SEPA” is a commonly used acronym for the State Environmental Policy Act.

“Shellfish” means invertebrates of the phyla Arthropoda (class Crustacea), Mollusca (class Pelecypoda) and Echinodermata.

“Shellfish habitat conservation areas” means all public and private tidelands suitable for shellfish, as identified by the Washington Department of Health classification of commercial growing areas, and those recreational harvest areas as identified by the Washington Department of Ecology are designated as shellfish habitat conservation areas pursuant to WAC 365-190-080. Any area that is or has been designated as a shellfish protection district created under Chapter 90.72 RCW is also a shellfish habitat conservation area.

“Shellfish protection district” means a geographic area designated pursuant to RCW Title 90, in response to State Department of Health (DOH) closures or downgrades of a commercial shellfish growing area due to a degradation of water quality as a result of pollution. These areas include the watershed draining to the shellfish beds as part of the shellfish habitat conservation area.

“Shorelands” or “shoreland areas” mean those lands extending landward for two hundred feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward two hundred feet from such floodways; and all wetlands and river deltas associated with the streams, lakes and tidal waters which are subject to the provisions of Chapter 90.58 RCW.

“Shoreline Management Act” and “shoreline” means the planning and regulatory program established in Chapter 90.58 RCW.

“Shoreline master program” means the local planning and regulatory program established in compliance with Chapter 90.58 RCW, and as hereafter amended.

“Shorelines” means all of the water areas of the state as defined in RCW 90.58.030, including reservoirs and their associated shorelands, together with the lands underlying them except:

1.    Shorelines of statewide significance;

2.    Shorelines on segments of streams upstream of a point where the mean annual flow is twenty cubic feet per second (twenty cfs) or less and the wetlands associated with such upstream segments; and

3.    Shorelines on lakes less than twenty acres in size and wetlands associated with such small lakes.

“Shorelines of statewide significance” means those areas defined in RCW 90.58.030(2)(e).

“Shorelines of the state” means the total of all “shorelines,” as defined in RCW 90.58.030(2)(d), and “shorelines of statewide significance” within the state, as defined in RCW 90.58.030(2)(c).

“Single-family development” means the development of a single-family residence permanently installed and served with utilities on a lot of record.

“Site” means any parcel or combination of contiguous parcels, or right-of-way or combination of contiguous rights-of-way, under the applicant’s ownership or control where the proposed project impacts an environmentally critical area.

“Slope” means:

1.    Gradient.

2.    The inclined surface of any part of the earth’s surface, delineated by establishing its toe and top and measured by averaging the inclination over at least ten feet of vertical relief.

“Soil” means all unconsolidated materials above bedrock described in the Soil Conservation Service Classification System or by the Unified Soils Classification System.

“Sphagnum bog” means a type of wetland dominated by mosses that form peat. Sphagnum bogs are very acidic, nutrient poor systems, fed by precipitation rather than surface inflow, with specially adapted plant communities.

“Streams” are those areas where surface waters produce a defined channel or bed. A defined channel or bed is an area that demonstrates clear evidence of the annual passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds, and defined-channel swales. The channel or bed need not contain water year-round. This definition includes drainage ditches or other artificial watercourses where natural streams existed prior to human alteration, and/or the waterway is used by anadromous or resident salmonid or other fish populations or flows directly into shellfish habitat conservation areas.

“Structure” means a permanent or temporary building or edifice of any kind, or any piece of work artificially built up or composed of parts joined together in some definite matter, whether installed on, above, or below the surface of the ground or water, except for vessels.

“Substantial reconstruction” means the alteration or renovation that results in an expansion of floor area of more than fifty percent, or the expansion of impervious surface by more than fifty percent, or remodeling or renovation that exceeds one hundred percent of the value of the structures or other improvements, excluding plumbing, electrical and mechanical systems. Such substantial reconstruction shall be considered the same as new construction and shall fully comply with the provisions of this code.

“Toe” means the lowest part of a slope or cliff; the downslope end of an alluvial fan, landslide, etc.

“Top” means the top of a slope; or in this chapter it may be used as the highest point of contact above a landslide hazard area.

“Unavoidable adverse impact” means adverse impacts that remain after all appropriate avoidance and minimization measures have been implemented.

“Utilities” means all lines and facilities used to distribute, collect, transmit, or control electrical power, natural gas, petroleum products, information (telecommunications), water, and sewage.

“Volcanic hazard areas” means geologically hazardous areas that are subject to pyroclastic flows, lava flows, debris avalanche, or inundation by debris flows, mudflows, or related flooding resulting from volcanic activity.

“Watershed” means a geographic region within which water drains into a particular river, stream or body of water.

“Watershed improvement district” means a special district established pursuant to Chapter 85.38 RCW.

“Well head protection area” means the area (surface and subsurface) managed to protect groundwater based public water supplies.

“Wet meadow” means palustrine emergent wetlands, typically having disturbed soils, vegetation, or hydrology.

“Wet season” means the period generally between November 1st and March 30th of most years when soils are wet and prone to instability. The specific beginning and end of the wet season can vary from year to year depending on weather conditions.

“Wetland” means areas defined pursuant to RCW 36.70A.030 that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, retention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. However, wetlands include those artificial wetlands intentionally created to mitigate wetland impacts.

“Wetland buffer” means a designated area contiguous or adjacent to a wetland that is required for the continued maintenance, function, and ecological stability of the wetland.

“Wetland class” means the general appearance of the wetland based on the dominant vegetative life form or the physiography and composition of the substrate. Multiple classes can exist in a single wetland. Types of wetland classes include forest, scrub/shrub, emergent, and open water.

“Wetland delineation” means the precise determination of wetland boundaries in the field according to the application of specific methodology as described in the 1997 Washington State Wetland Delineation Manual or 1987 Edition, as amended, Corps of Engineers Wetlands Delineation Manual and the mapping thereof.

“Wetland edge” means the boundary of a wetland as delineated based on the definitions contained in this chapter.

Wetland Enhancement. See “Enhancement.”

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

“Wetland mosaic” means two or more wetlands that are less than one hundred feet apart such that within the outer boundaries of the area delineated as wetland and the associated upland between the wetlands more than fifty percent of the total area is comprised of wetlands and open water as defined by the OHWM.

Wetland Restoration. See “Mitigation” and “Re-establishment.”

“Windthrow” means a natural process by which trees are uprooted or sustain severe trunk damage by the wind.

“Wood waste” means solid waste consisting of wood pieces or particles generated as a by-product or waste from the manufacturing of wood products, handling and storage of raw materials and trees and stumps. This includes, but is not limited to, sawdust, chips, shavings, bark, pulp, log fuel, and log sort yard waste, but does not include wood pieces or particles containing chemical preservatives such as creosote, pentachlorophenol, or copper-chrome-arsenate. (Ord. 1689-1206 § 1 (part), 2007)

21.64.040 Critical area maps.

Those documents and maps which are referenced in this chapter for designation of critical areas are resources for the identification of the probable location, extent and classification of critical areas. Such information may be used by the director as a basis for applying the provisions of this code, including requiring field investigation and special reports. In the event of a conflict between information contained in the critical area maps and information resulting from a field investigation, the latter shall prevail. Preparation and maintenance of such documents and maps shall not create liability on the part of the city of Shelton or any officer or employee thereof for any damages that result from reliance on said maps. (Ord. 1689-1206 § 1 (part), 2007)

21.64.050 Multiple designations.

Where any parcel may be designated as having more than one critical area designation, the development standards for each category of critical area must be met. Where there is conflict between development standards of critical area categories, the most restrictive standards shall apply. (Ord. 1689-1206 § 1 (part), 2007)

21.64.060 SEPA.

This chapter is an officially adopted land use policy of the city of Shelton and shall provide an additional basis for analyzing development proposals pursuant to Chapter 43.21C RCW. Adopted critical area maps, pursuant to Section 21.64.040, are declared sensitive areas under provisions of WAC 197-11-908 and Chapter 21.20 of this code. (Ord. 1689-1206 § 1 (part), 2007)

21.64.070 Permitted uses.

A.    Uses permitted on properties classified as critical areas shall be the same as those permitted in the zoning and shoreline master program district which applies to the subject property, subject to the specific provisions of this code where more restrictive. Each use shall be evaluated in accordance with the review process required for the proposed use in the underlying zone in conjunction with the requirements of this chapter, as well as state and federal regulations.

B.    Altering critical areas and/or buffers related to wetlands, streams, and geological hazard areas is prohibited except when:

1.    Alteration is approved pursuant to the reasonable use or variance provisions of Section 21.64.083;

2.    Alteration is necessary to accommodate an essential public facility or public utility where no feasible alternative location will accommodate the facility and the facility is located, designed, and constructed to minimize, mitigate and where possible avoid critical area disturbance to the maximum extent feasible;

3.    Alteration is part of an essential element of an activity allowed by this chapter and all feasible measures to avoid and minimize impacts have been employed. Such feasible measures shall include but not be limited to clustering where permitted by zoning and as appropriate to protect critical areas and buffers. The purposes of clustering shall be to minimize adverse effects of development on critical area functions and values, minimize land clearing, maintain soil stability, preserve native vegetation, maintain hydrology, and mitigate risk to life and property; or

4.    Alteration is associated with an activity enumerated in Section 21.64.071 that has negligible impact on critical areas.

C.    Land that is located wholly within a critical area or buffer may not be subdivided for purposes of creating buildable parcels. Land that is located partially within a critical area or its buffer may be divided; provided, that each resulting lot has sufficient buildable area outside of the critical area or buffer with provision for drainage, erosion control, vegetation maintenance and related features that will not adversely affect the critical area or its buffer. (Ord. 1689-1206 § 1 (part), 2007)

21.64.071 Allowed activities.

The following actions and activities are allowed in critical areas as actions with negligible effects on the resource and ecological functions, subject to the standards and criteria provided, and subject to review and approval processes.

A.    Emergency actions are those activities necessary to prevent an immediate threat to life, to public health, safety, or welfare, or that pose an immediate risk of damage to private structures or improvements and that require remedial or preventative action in a time frame too short to allow for compliance with the procedural requirements of this chapter.

1.    Emergency actions that create an impact on a critical area or its buffer shall be limited to those actions that are required to address the emergency and generally are limited to the actions necessary to remove the immediate threat. Additional actions to permanently address a deficiency generally do not qualify as emergency actions and require full compliance with the procedural requirements of this chapter. Emergency actions also must be carried out in a manner that has the least feasible impact on the critical area or its buffer.

2.    The person or agency undertaking emergency action shall notify the director within one working day following commencement of the emergency activity. Within fourteen days, the director shall determine if the action taken was within the scope of the emergency actions allowed in this subsection. If the director determines that the action taken, or any part of the action taken, was beyond the scope of an allowed emergency action, then the enforcement provisions of Section 21.64.090 shall apply.

3.    After the emergency, the person or agency undertaking the action shall submit a critical area report to assess effects on critical areas and conduct necessary restoration and/or mitigation for any impacts to the critical area and buffers resulting from the emergency action in accordance with an approved critical area report and mitigation plan. The person or agency undertaking the action shall apply for all approvals required by this chapter. Restoration and/or mitigation activities must be initiated within sixty days of the date of the emergency, unless an extension is approved by the director, and completed in a timely manner.

B.    Maintenance, operation and/or repair of existing rights-of-way, trails, roads, utilities, buildings and other facilities within critical areas and buffers; provided, that the activity does not further alter, impact, or encroach upon the sensitive area or buffer or further affect the functions of sensitive areas, and there is no increased risk to life or property as a result of the proposed operation, maintenance, or repair; and provided further, that:

1.    Prior to undertaking such actions, the applicant shall submit a written description of the maintenance activity to the director with all of the following general information:

a.    Type, timing, frequency and sequence of maintenance activity to be conducted;

b.    Type of equipment to be used (hand or mechanical);

c.    Manner in which the equipment will be used; and

d.    Best management practices to be used.

C.    Maintenance of existing, lawfully established landscaping and gardens within a regulated critical area or its buffer, including but not limited to mowing lawns, weeding, removal of noxious and invasive species, harvesting and replanting of garden crops, pruning and planting of ornamental vegetation or indigenous native species to maintain the condition and appearance of such areas as they existed prior to adoption of this code; provided, that native growth protection areas, mitigation sites, or other areas protected via conservation easements or similar restrictive covenants are not covered by this exception.

D.    Maintenance, repair or replacement of an existing nonconforming structure pursuant to Section 21.64.088 that does not further alter or increase the impact to the sensitive area or buffer and results in no increased risk to life or property as a result of the proposed modification or replacement.

E.    Replacement, modification, installation, or construction of utility facilities, lines, pipes, mains, equipment, or appurtenances, not including substations, when such facilities are located within the existing improved portion of the public right-of-way (road surface, shoulder, sidewalks, and fill slopes) or the improved portion of city-authorized private roadway; provided, that no fill or discharge occurs outside the existing improved area and with appropriate best management practices to control erosion, sedimentation and other potential impacts. Excluded is work within a water body or wetland, including but not limited to culverts or bridge replacement or construction.

F.    Utility projects that have minor or short-duration impacts to critical areas and buffers, as determined by the director in accordance with the criteria below, and which do not significantly impact the functions or values of a sensitive area(s); provided, that such projects are constructed with best management practices and appropriate restoration measures are provided. These activities shall not result in the transport of sediment or increased stormwater. Such allowed minor utility projects shall meet the following criteria:

1.    There is no practical alternative to the proposed activity with less impact on sensitive areas;

2.    The activity involves the placement of a utility pole, street signs, anchor, or vault or other small component of a utility facility; and

3.    The activity involves disturbance of less than seventy-five square feet of the sensitive area and/or buffer.

G.    Low impact activities such as hiking, canoeing, nature study, photography, fishing, education or scientific research.

H.    Public and private pedestrian trails, provided they are subject to the following:

1.    The trail surface shall not exceed four feet in width;

2.    The trail surface shall consist of gravel or pervious materials, including boardwalks;

3.    The trail shall meet all other city requirements including water quality standards;

4.    Sensitive area and/or buffer widths shall be increased, where possible, equal to the width of the trail corridor, including disturbed areas; and

5.    Trails proposed to be located in landslide or erosion hazard areas shall be constructed in a manner that does not increase the risk of landslide or erosion and in accordance with an approved geotechnical report.

I.    The following vegetation removal activities:

1.    The removal of the noxious weed species designated by Washington State or the local week control authority, and the following species, with hand labor and light equipment:

a.    English ivy (Hedera helix);

b.    Himalayan blackberry (Rubus discolor, R. procerus);

c.    Evergreen blackberry (Rubus laciniatus);

2.    The removal of hazard trees from sensitive areas and buffers that are posing a threat to public safety, or an imminent risk of damage to a permanent structure; provided, that:

a.    The applicant submits a report from a certified arborist or professional forester that documents the hazard; provided, that the director may waive this requirement for any trees that are clearly dead, or dying, and provides a replanting schedule for the replacement trees;

b.    Tree cutting shall be limited to pruning and crown thinning, unless otherwise justified by a qualified professional. Where pruning or crown thinning is not sufficient to address the hazard, trees should be removed or converted to wildlife snags;

c.    If native vegetation is cut or removed from a sensitive area or buffer, it shall be left within the sensitive area or buffer where practicable unless removal is warranted due to safety considerations, the presence of an established disease infestation or other hazard, or because of access or maintenance needs if the area is a utility or access right-of-way;

d.    The landowner shall replace any trees that are removed with new trees at a ratio of two replacement trees for each tree removed (two-to-one) within one year in accordance with an approved restoration plan. Replacement trees shall be species that are native and indigenous to the site and a minimum of one inch in diameter-at-breast height (dbh) for deciduous trees and a minimum of three feet in height for evergreen trees as measured from the top of the root ball; provided, that the director may allow smaller replacement trees with a higher replacement ratio;

e.    Hazard trees that constitute an emergency may be removed or pruned by the landowner prior to receiving written approval from the city; provided, that within fourteen days following such action, the landowner shall submit a restoration plan that demonstrates compliance with the provisions of this chapter;

3.    Measures to control a fire or halt the spread of disease or damaging insects consistent with the state Forest Practices Act, Chapter 76.09 RCW; provided, that the removed vegetation shall be replaced in-kind or with similar native species within one year in accordance with an approved restoration plan.

J.    Minor site investigative work necessary for land use submittals, such as surveys, soil logs, percolation tests, and other related activities, where such activities do not require construction of new roads, removal of native trees or shrubs, or displacement of more than five cubic yards of material. Investigations involving displacement of more than five cubic yards of material, including geotechnical soil borings, groundwater monitoring wells, percolation tests, and similar activities shall require submittal of specific plans and restoration plans. In every case, impacts to the sensitive area shall be minimized and disturbed areas shall be immediately restored.

K.    Forest practices governed by a valid forest practices permit granted by the Washington State Department of Natural Resources, except where:

1.    The lands have been or are proposed to be converted under a conversion option harvest plan to a use other than commercial forest product production as provided in RCW 76.09.050 and 76.09.240; or

2.    On lands which have been platted after January 1, 1960, as provided in RCW 76.09.050 and 76.09.240.

L.    Activities undertaken to comply with a United States Environmental Protection Agency superfund related order, or a Washington Department of Ecology order pursuant to the Model Toxics Control Act that specifically preempts local regulations in the findings of the order.

M.    Project and facilities for restoration and enhancement of ecological functions of critical areas and related resources may be allowed within critical areas and buffers, upon approval of a restoration and mitigation plan in accordance with the provisions of this chapter, or for restoration of enhancement programs in an adopted shoreline restoration plan pursuant to Chapter 173-26 WAC, a watershed planning document prepared and adopted pursuant to Chapter 90.82 RCW, a watershed restoration project pursuant to RCW 89.08.460, a salmonid recovery plan, the salmon recovery board habitat project list, or identified by the Washington Department of Fish and Wildlife as essential for fish and wildlife habitat enhancement pursuant to RCW 77.55.290. (Ord. 1689-1206 § 1 (part), 2007)

21.64.080 Preliminary consultation.

During the application completeness review period for any subdivision of property, short plat, boundary line adjustment, site plan review, building permit, business license, or any activity requiring city review and/or approval, the property which is the subject of such permit or approval process shall be reviewed by the city for the purpose of identifying the possible presence of a critical area on or adjacent to such property. Where appropriate the city will conduct a preliminary site inspection to confirm the presence of a potential critical area. Within fifteen city business days of the receipt of any such application, the city shall notify the applicant in writing of the possible presence of a critical area and provide consultation, if requested, regarding additional data requirements or methods of compliance with this chapter, including submittal of a critical area study. (Ord. 1689-1206 § 1 (part), 2007)

21.64.081 Permit processing.

A.    The approval or denial of an activity or modification within a critical area shall be an administrative action of the planning director for actions requiring only a building permit or other permit action requiring only ministerial action as defined by relevant city codes. The review process will be integrated with the review of the underlying permit. Public notice is required only if required by the underlying permit.

B.    If a project requires another permitting action by the city which requires a public hearing consideration of critical areas will be integrated with the underlying permitting process.

C.    The director shall perform a critical area review for any application for a development proposal on a site that includes one or more critical areas or would affect critical areas on adjacent lands, unless otherwise provided in this chapter. As part of all development applications, the director shall verify the information submitted by the applicant to:

1.    Confirm the nature and type of the critical areas and associated buffers;

2.    Evaluate the need for critical area studies or the adequacy of any such studies submitted with the application;

3.    Determine whether the development proposal is consistent with these critical area regulations;

4.    Determine whether proposed alterations to critical areas are necessary;

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

D.    Compliance with the provisions of this chapter does not necessarily constitute compliance with other regulations and permit requirements. Permit applicants are responsible for complying with all federal, state, county, and local regulations that may pertain to a proposed development; provided, that conditions imposed by the city shall be coordinated with the conditions imposed by other agencies to the extent feasible. (Ord. 1689-1206 § 1 (part), 2007)

21.64.082 Critical area studies.

An applicant for a development proposal that includes, or is adjacent to, or could adversely impact critical areas or buffers shall submit such studies prepared by a qualified professional as are required by the director to adequately evaluate the proposal and all probable impacts. The study shall be prepared by a qualified professional as defined in Section 21.64.030 and paid for by the applicant.

A.    Waivers. The director may waive the requirement for a critical area study if there is a substantial showing that:

1.    The boundaries of the critical area and associated buffers can be reliably determined without a technical study;

2.    There will be no alteration of the critical area or required buffer;

3.    The development proposal will not impact critical areas in a manner contrary to the goals, purposes, objectives and requirements of this chapter;

4.    The criteria and standards required by this chapter are met.

B.    The contents of the critical area study are specified in the following sections of this chapter. The director may require such supplements or amendments to the study as necessary to develop a reasonably comprehensive understanding of the site conditions, potential impacts, and required mitigation.

C.    Independent Review. Based on a review of the information contained in the critical area study and the conditions of the development proposal site, the director may require independent review of any such study. This independent review shall be performed by qualified professional selected by the city and paid for by the applicant. The purpose of such independent review is to assist the city in evaluating the effects on critical areas that may be caused by a development proposal and to facilitate the decision making process. (Ord. 1689-1206 § 1 (part), 2007)

21.64.083 Reasonable use.

A.    If the application of the regulations in this chapter would deny all reasonable use of the property, development may be allowed consistent with the general purposes of these regulations and the public interest.

B.    Reasonable Use Standards. To qualify as a reasonable use, the decision maker must find that proposal is consistent with all of the following criteria:

1.    There is no portion of the site under contiguous ownership not subject to critical area regulations where the provisions of this chapter allow reasonable economic use, including agricultural use, forestry use or continuation of legal nonconforming uses;

2.    There is no feasible on-site alternative to the proposed use or activities that will provide reasonable economic use, including location on any contiguous parcel that has been under the ownership or control of the applicant since the effective date of this chapter, other allowed uses, continuation of legal nonconforming uses, reduction in size, change in timing of activities, revision of road and lot layout, and/or related site planning considerations, that would allow a reasonable economic use with less adverse impacts to critical areas and associated buffers;

3.    The inability to derive reasonable economic use of the property is not the result of actions by the applicant in segregating or dividing the property and/or creating the condition of lack of use after the effective date of this chapter;

4.    All reasonable methods, to avoid or reduce adverse effects on critical area functions and values have been employed, including locating activities as far as possible from critical areas and design that will result in the minimum alteration of critical areas and associated buffers, existing topography, vegetation, fish and wildlife resources, hydrological conditions, and geologic conditions. Where both critical areas and buffer areas are located on a parcel, buffer areas shall be disturbed in preference to the critical area;

5.    The project includes compensatory mitigation for unavoidable impacts to critical area and buffers in accordance with the mitigation requirements of this chapter;

6.    The proposed activities will not result in adverse effects on endangered or threatened species as listed by the federal government or the state of Washington, or be inconsistent with an adopted recovery plan;

7.    The proposed activities will not result in damage to nearby public or private property and no threat to the health or safety of people on or off the site;

8.    The proposed activities will not lead to degradation of groundwater or surface water quality and will comply with all state, local and federal laws, including those related sediment control, pollution control, floodplain restrictions, and on-site wastewater disposal.

C.    Nonconforming single-family residential lots meeting the criteria of Section 21.64.088(F) shall not be required to meet the criteria of subsections (B)(1), (2) and (5) of this section.

D.    An application for a critical areas reasonable use exception shall follow the procedures for a special use permit review pursuant to Chapter 20.46, except that approvals in accordance with subsection C of this section shall be approved by the director in accordance with the approval procedure for the underlying permit.

E.    An application for variance to provisions of this code may be considered in accordance with variance provisions in Chapter 20.50. (Ord. 1689-1206 § 1 (part), 2007)

21.64.084 Density credits.

A.    Critical areas and their buffers may be used in the calculation of allowed density to the extent provided by the zoning code and shoreline master program.

B.    Full density as allowed by underlying zoning and minimum residential density goals may not be attained on specific parcels where critical areas impose inherent limitations on development intensity. (Ord. 1689-1206 § 1 (part), 2007)

21.64.085 Notice on title.

A.    The owner of any property containing critical areas on which a development proposal is approved shall file with the records division of Mason County a notice in a format approved by the director and provide a copy of the filed notice to the Shelton planning department, unless notice is provided on a plat as provided in subsection B of this section. The notice shall:

1.    State the presence of the critical area and/or buffer area on the property, and identify that there are limitations and restrictions on uses and actions in or affecting the critical area and/or buffer imposed by this code and by the provisions of the critical areas code and specific conditions of approval. The notice shall indicate that the restrictions run with the land and may be altered only in conjunction with amendment of this chapter or amendment of specific conditions of approval as provided by this chapter.

2.    Provide that management of the critical area is required to include, but is not limited to, maintenance or replacement of vegetation to assure the long-term viability of a community of native vegetation, control of invasive plant control, and fulfillment of other conditions of approval.

3.    Provide for the right of the public, and specifically the city of Shelton, to enforce the terms of the restrictions through civil infraction or other legal address.

4.    If a site plan has been approved indicating the extent of the critical area and buffer and permit conditions, a copy of the site plan together with relevant survey information and permit conditions shall be included in the notice filed.

B.    Restrictions on use and development of critical areas buffers and setback areas on plats and short plats shall include the information in subsection A of this section, shall designate the party responsible for maintenance of the critical area, if other than the property owner, and shall place critical areas in tracts or easements as provided below:

1.    Designation of separate tracts for critical areas and buffers shall be the preferred method of designation and protection of critical areas in plats to provide for integrated management of the critical area and buffer separately from lots. The tract may be:

a.    Held in an undivided interest by each owner of a building lot within the development, the ownership of which shall pass with the ownership of the lot. Responsibility for meeting all requirements of preservation and management shall be designated to an incorporated homeowner’s association or other legal entity that assures the ownership and protection of the critical area.

b.    Dedicated to the city of Shelton or other governmental entity qualified to own and manage open space.

c.    Conveyed to a nonprofit land trust, provided the land may not be thereafter transferred to a private party; and provided, that if the land trust is dissolved or otherwise fails to perform its functions, ownership and responsibility for management shall devolve to an undivided interest by each owner of a building lot within the development, as provided in subsection (B)(1)(a) of this section.

2.    The director may allow a critical area and buffer to be placed within a protective easement on a parcel with the responsibility for meeting all requirements of preservation and management placed on the owner of the parcel over which the easement is placed. This means of designation shall be used in cases where the size and the ecological functions of the critical area do not require coordinated management or where formation of an incorporated homeowner’s association or other legal entity for management is found to be impractical because of the limited number of lots, or where ownership and management by the city, a qualified special district or a land trust is found to be impractical. This alternative generally will be limited to critical areas and buffers of less than twenty thousand square feet and developments of fewer than ten parcels, or commercial or multifamily development.

C.    This notice on title shall not be required for a development proposal by a public agency or public or private utility within a right-of-way or easement for which they do not have fee-simple title.

D.    The applicant shall submit proof that the notice, dedication or easement has been filed for public record before the city shall approve any final plat or final site plan for such site. The notice shall run with the land and failure to provide such notice to any purchaser prior to transferring any interest in the property shall be a violation of this section. (Ord. 1689-1206 § 1 (part), 2007)

21.64.086 Building setbacks.

A.    Buildings and other structures shall be set back a sufficient distance to assure that disturbance to sensitive area vegetation and soils is avoided during construction, maintenance and use.

B.    Buildings and other structures shall be set back a distance of ten feet from the edges of all critical area buffers or from the edges of all critical areas if no buffers are required; provided, that the director may modify the building setback based on specific development plans that document that construction techniques, maintenance needs and use will not disturb critical areas or buffer.

C.    If slopes adjacent to the buffer for wetlands or water bodies exceed fifteen percent, including slopes created by grading, a swale sufficient to intercept surface water movement shall be installed outside the edge of the buffer.

D.    The following facilities and uses are allowed in the building setback:

1.    Landscaping, including rockeries not over forty-two inches high, provided construction does not alter the buffer or critical area;

2.    Uncovered decks, platforms, porches and similar projections not over forty-two inches high;

3.    Building eaves, cornices, chimneys and similar projections in compliance with Chapter 20.36;

4.    Impervious surfaces such as driveways, parking lots, roads, and patios; provided, that such surfaces conform to applicable water quality standards and that construction equipment does not enter the buffer or critical area;

5.    Clearing and grading consisting of not over forty-two inches of cut or fill. (Ord. 1689-1206 § 1 (part), 2007)

21.64.087 Mitigation.

A.    Mitigation measures shall be implemented to protect critical areas and buffers from alterations occurring on all or portions of a site being developed. The mitigation measures required below shall be implemented in conjunction with other applicable mitigation requirements outlined in the subsequent sections of this chapter.

B.    For purposes of this chapter, “mitigation” means the use of the following actions that are listed in descending order of preference:

1.    Avoiding the impact all together by not taking a certain action or parts of an action;

2.    Minimizing impact by limiting the degree or magnitude of the action and its implementation by using appropriate technology, or by taking affirmative steps to avoid or reduce impact;

3.    Rectifying the impact by repairing, rehabilitating or restoring the critical areas;

4.    Reducing or eliminating the impact over time by prevention and maintenance operations;

5.    Compensating for the impact by replacing, enhancing or providing substitute areas and environments and replacing the ecological processes and functions of the resource;

6.    Monitoring the impact and taking appropriate corrective measures.

C.    Location. Compensatory mitigation shall be provided on-site or off-site in the location that will provide the greatest ecological benefit and have the greatest likelihood of success. Off-site mitigation is preferred close as possible to the impact area and within the same watershed sub-basin as the permitted alteration; provided, that off-site mitigation may occur within the watershed of a stream flowing into Oakland Bay or Hammersley Inlet and within WRIA 14 upon demonstration through a watershed- or landscape-based analysis that mitigation within an alternative sub-basin of the watershed would have greater ecological benefit. Off-site mitigation sites preference shall be given to sites and restoration activities identified in an adopted shoreline restoration plan pursuant to Chapter 173-26 WAC, a watershed planning document prepared and adopted pursuant to Chapter 90.82 RCW, a watershed restoration project pursuant to RCW 89.08.460, a salmonid recovery plan, the salmon recovery board habitat project list, or identified by the Washington Department of Fish and Wildlife as essential for fish and wildlife habitat enhancement pursuant to RCW 77.55.290.

D.    Mitigation Plan. A mitigation plan shall be required for the design, implementation, maintenance and monitoring of mitigation. A plan shall provide the following, in addition to criteria for the specific critical areas provided below for individual critical areas:

1.    A description and evaluation of any critical areas that could be altered by the proposed development, including evaluation of ecological processes and functions based on best available science and detailed field assessment of the affected resources;

2.    A description and scaled drawings of the proposed mitigation activities including, but not limited to, clearing, grading/excavation, drainage alterations, planting, invasive plant management, installation of habitat structures, irrigation, and other site treatments;

3.    A description of the ecological functions and values that the proposed alteration may affect and of the specific ecological functions and values the proposed mitigation area(s) shall provide;

4.    A description of required or recommended mitigation ratios and an assessment of factors that may affect the success of the mitigation program;

5.    Specific measurable performance standards that the proposed mitigation action(s) shall achieve together with a description of how the mitigation action(s) will be evaluated and monitored to determine if the performance standards are being met;

6.    A description of potential courses of action, and any corrective measures to be taken if monitoring or evaluation indicates that project performance standards are not being met;

7.    Cost estimates for the installation of the mitigation program, monitoring, and maintenance as well as for corrective action if mitigation performance standards are not met.

E.    A performance assurance shall be provided to guarantee installation, monitoring and performance of mitigation actions.

1.    Performance Surety. The applicant shall post a cash performance bond, letter of credit, or other security acceptable to the city of Shelton in the amount of one hundred twenty-five percent of the estimated cost of the uncompleted actions or the estimated cost of restoring the functions and values of the critical area that are at risk, whichever is greater. The surety shall be based on an itemized cost estimate of the mitigation activity including clearing and grading, plant materials, plant installation, irrigation, weed management, monitoring, and other costs. The conditions of the surety shall be consistent with the purposes of this chapter and the conditions to be fulfilled. In the event of a breach of any condition of any such bond, the city of Shelton may institute an action in a court of competent jurisdiction upon such bond and prosecute the same to judgment and execution. The city of Shelton shall release the bond upon determining that:

a.    All activities, including any required compensatory mitigation, have been completed in compliance with the terms and conditions of the permit and the requirements of this chapter;

b.    Upon the posting by the applicant of a maintenance surety.

2.    Maintenance Surety. The city of Shelton shall require the holder of a development permit issued pursuant to this chapter to post a cash performance bond, letter of credit, or other security acceptable to the city of Shelton in an amount and with surety and conditions sufficient to guarantee that structures, improvements and mitigation required by the permit of by this chapter perform satisfactorily, generally for a period of five years after they have been completed. The city of Shelton shall release the maintenance bond upon determining that performance standards established for evaluating the effectiveness and success of the structures, improvements and/or compensatory mitigation have been satisfactorily met for the required period. For compensation projects, the performance standards shall be those contained in the mitigation plan developed and approved during the permit review process. The maintenance bond applicable to a compensation project shall not be released until the city of Shelton determines that performance standards established for evaluating the effect and success of the project have been met. The director may return up to fifty percent of the surety following the first year of monitoring; provided, that the year one performance standards are met and the risk of subsequent failure is considered low.

3.    Depletion, failure, or collection of surety funds shall not discharge the obligation of an applicant or violator to complete required mitigation, maintenance, or monitoring.

4.    Public development proposals may be relieved from having to comply with the surety requirements of this section if public funds have been committed through a budget process with final approval for mitigation, maintenance, or monitoring.

F.    Mitigation Banking. The city may approve mitigation banking as a form of compensatory mitigation for wetlands and fish and wildlife habitat conservation area impacts when the provisions of this chapter require mitigation and when it is clearly demonstrated that the use of a mitigation bank will provide equivalent or greater replacement of critical area functions and values when compared to conventional on-site mitigation; provided, that all of the following criteria are met:

1.    Mitigation banks shall only be used when they provide significant ecological benefits including long-term conservation of critical areas, important species, habitats and/or habitat linkages, and when they are consistent with the city’s comprehensive plan and create a viable alternative to the piecemeal mitigation for individual project impacts to achieve ecosystem-based conservation goals.

2.    The mitigation bank shall be established in accordance with the Washington State Draft Mitigation Banking Rule, Chapter 173-700 WAC or as revised, and Chapter 90.84 RCW and the federal mitigation banking guidelines as outlined in the Federal Register, Volume 60, No. 228, November 28, 1995. These guidelines establish the procedural and technical criteria that banks must meet to obtain state and federal certification.

3.    Preference shall be given to mitigation banks that implement restoration actions that have been identified in an adopted shoreline restoration plan, watershed planning document prepared and adopted pursuant to Chapter 90.82 RCW, a salmonid recovery plan or project that has been identified on the salmon recovery board habitat project list or by the Washington Department of Fish and Wildlife as essential for fish and wildlife habitat enhancement. (Ord. 1689-1206 § 1 (part), 2007)

21.64.088 Nonconforming development.

The following provisions shall apply to lawfully established uses, buildings and/or structures that do not meet the specific standards of this program:

A.    Nonconforming uses shall be governed in accordance with the provisions of the zoning code in Chapter 20.42 or in accordance with the shoreline master program in Section VII.Q, subject to additional provisions in this chapter. Such use may not be altered or expanded except in compliance with standards provided in said codes.

B.    Nonconforming structures, facilities and development damaged by fire or other cause shall be governed in accordance with the provisions of the zoning code in Chapter 20.42 or in accordance with the shoreline master program in Section VII.Q, subject to additional provisions in this chapter.

C.    Minor alteration or renovation shall be defined as alteration or renovation of any structure, or associated improvements, within a critical area or buffer that results in an expansion of floor area of less than five hundred square feet, or ten percent, whichever is less, or the expansion of impervious surface by less than one thousand square feet, or ten percent, whichever is less; or remodeling or renovation that is less than fifty percent of the value of the structure or improvements, excluding plumbing, electrical and mechanical systems. Minor alteration may require compliance with specific performance standards of this code.

D.    Major alteration or renovation shall be defined as the alteration or renovation of any structure, or associated improvements, within a critical area that results in an expansion of floor area of five hundred square feet or more, or more than ten percent and less than fifty percent, whichever is greater; or the expansion of impervious surface by more than one thousand square feet, or of more than ten percent and less than fifty percent, whichever is greater; or remodeling or renovation that is greater than fifty percent and less than one hundred percent of the value of the structures or improvements excluding plumbing, electrical and mechanical systems. Major alteration may require compliance with specific performance standards of this code.

E.    Substantial reconstruction shall be defined as the alteration or renovation that results in an expansion of floor area of more than fifty percent, or the expansion of impervious surface by more than fifty percent, or remodeling or renovation that exceeds one hundred percent of the value of the structures or other improvements, excluding plumbing and mechanical systems. Such substantial reconstruction shall be considered the same as new construction and shall fully comply with the provisions of this code.

F.    Nonconforming single-family residential lots within a subdivision filed within five years previous to the adoption of provisions of this code that render them nonconforming in compliance with RCW 58.17.170, or other lots or parcels under contiguous ownership and less than twenty thousand square feet in size that are not subject to landslide hazard areas and associated buffers, shall be subject to the following standards, in conformance with the provisions for a reasonable use exception in Section 21.64.083 and in accordance with the following criteria:

1.    Nonconforming lots with an area of two thousand square feet or more available for a building area unrestricted by critical areas or buffers shall comply with the standards of this chapter. The “building area” means the entire area that will be disturbed to construct a structure containing an allowed use and normal appurtenances, including parking and landscaping.

2.    Nonconforming lots that do not meet the requirement of subsection (F)(1) of this section shall provide the maximum setback and buffer dimension feasible while providing for a building envelope of at least two thousand square feet on the lot. The building area shall generally be located on the portion of the lot farthest from the required critical area or buffer and/or the least sensitive portion of the lot.

3.    The area between the structure and the critical area shall be maintained or planted in native trees and understory vegetation. (Ord. 1689-1206 § 1 (part), 2007)

21.64.089 Administrative rules.

The director shall have the authority to adopt administrative rules as deemed necessary consistent with the provisions of this chapter and that are necessary for the implementation of critical area regulations. (Ord. 1689-1206 § 1 (part), 2007)

21.64.090 Enforcement.

A.    The director or its designee shall have a right to enter upon any property at reasonable times and to make such inspections as are necessary to determine compliance with the provisions of this chapter or the conditions imposed pursuant to this chapter. The city shall make a reasonable effort to locate the owner or persons in charge and notify them of the times and purposes of required entry.

B.    The director is further authorized to take such actions as may be necessary to enforce the provisions of this chapter including but not limited to the civil infraction, abatement and criminal penalties provided in Chapter 20.54.

C.    The city’s enactment or enforcement of this chapter shall not be construed for the benefit of any individual person or group of persons other than the general public. (Ord. 1689-1206 § 1 (part), 2007)

21.64.091 Appeals.

A.    An aggrieved party may appeal a decision of the city of Shelton granting or denying a permit that is subject to a public notice requirement pursuant to Title 17, 19, or 20 by filing a notice of appeal as provided in the relevant code and serving notice to the city and any other party to the decision within the time period for appeals provided in the relevant code. The notice of appeal shall contain the following:

1.    The name and address of the appealing party;

2.    The name and address of counsel of the appellant, if any;

3.    Identification of the city’s decision at issue, together with a duplicate copy, summary, or brief description of the city’s decision;

4.    Identification of persons who were parties to the city’s decision;

5.    Facts to demonstrate that the appellant is entitled to obtain review;

6.    The appellant’s reasons for believing that relief should be granted; and

7.    The request for relief, specifying the type and extent of relief requested.

B.    Upon the filing of a timely notice of appeal in compliance with the provisions of subsection A of this section, the appeal decision maker designated in the relevant code shall conduct an open record review hearing of the city’s decision, except for permits that have previously been the subject of an open record public hearing, in which case a closed record appeal shall be held. No appeal shall be provided of actions for which the final decision maker is the city council. The provisions of Section 2.36.160 and Title 17 shall apply to the appeal except that the director’s interpretation of any of the provisions of this chapter and discretionary decisions shall be given substantial weight.

C.    Within ten working days of the conclusion of the hearing, the appeal decision maker shall render a written decision which shall contain findings of fact and conclusions of law supporting the examiner’s decision. The decision shall:

1.    Affirm the decision; or

2.    Reverse the decision and remand said decision back to the appropriate decision maker for further consideration or review.

D.    The provisions of Sections 2.36.180 through 2.36.220 shall apply to the decision on the appeal. (Ord. 1921-0518 (part), 2018; Ord. 1689-1206 § 1 (part), 2007)

21.64.095 Frequently flooded areas.

“Frequently flooded areas” are those same areas regulated by the Flood Damage Prevention Ordinance, Title 18 of this code, and are protected through regulations provided in that title. (Ord. 1689-1206 § 1 (part), 2007)

21.64.100 Wetland designation.

A.    Wetlands are those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Swamps, marshes, bogs, and wet meadows/pastures are examples of wetland. Some riparian areas adjacent to streams are also wetland.

B.    Wetlands shall be identified in accordance with the requirements of RCW 36.70A.175 and 90.58.380. Unless otherwise provided for in this chapter, all areas within the city meeting the criteria in the Washington State Wetland Identification and Delineation Manual (Ecology Publication 96-94) regardless of any formal identification are hereby designated critical areas and are subject to the provisions of this chapter.

C.    The approximate location and extent of known or suspected wetlands are shown on the city’s critical area maps. Other, unmapped wetlands may exist within the city. These maps are to be used as a guide and do not provide a definitive critical area designation.

D.    Wetlands shall be rated based on categories that reflect the functions and values of each wetland. Wetland categories shall be based on the criteria provided in the Washington State Wetland Rating System for Western Washington, revised August 2004 (Ecology Publication No. 04-06-025). These categories are generally defined as follows:

1.    Category I Wetlands. Category I wetlands are those wetlands of exceptional value in terms of protecting water quality, storing flood and stormwater, and/or providing habitat for wildlife as indicated by a rating system score of 70 points or more. These are wetland communities of infrequent occurrence that often provide documented habitat for critical, threatened or endangered species, and/or have other attributes that are very difficult or impossible to replace if altered.

2.    Category II Wetlands. Category II wetlands have significant value based on their function as indicated by a rating system score of between fifty-one and sixty-nine points. They do not meet the criteria for Category I rating but occur infrequently and have qualities that are difficult to replace if altered.

3.    Category III Wetlands. Category III wetlands have important resource value as indicated by a rating system score of between thirty and fifty points.

4.    Category IV Wetlands. Category IV wetlands are wetlands of limited resource value as indicated by a rating system score of less than thirty points. They typically have vegetation of similar age and class, lack special habitat features, and/or are isolated or disconnected from other aquatic systems or high quality upland habitats. (Ord. 1689-1206 § 1 (part), 2007)

21.64.120 Wetland review and reporting requirements.

A.    The director shall require a site evaluation (field investigation) by a qualified professional to determine whether or not a regulated wetland is present and if so, its relative location in relation to the proposed project area on site. If the director determines that a wetland is more likely than not present, the director shall require a critical area study. If no regulated wetlands are present, then wetland review will be considered complete.

B.    A critical area study (wetland assessment study) describes the characteristics of the subject property and adjacent areas. The assessment shall be completed pursuant to Section 21.64.082 and include the following:

1.    Existing physical features of the site including buildings, fences, and other structures, roads, parking lots, utilities, water bodies, etc.;

2.    Determination of the wetland category and wetland buffers;

3.    Field identification and delineation of wetland boundaries. For on-site wetlands, the assessment shall include the dominant and subdominant plant species; soil type, color and texture; sources of hydrology (patterns of surface and subsurface water movement, precipitation, etc.), topography, and other pertinent information;

4.    Identification of critical areas and buffers within three hundred feet of the site and an estimate of the approximate acreage for each. The assessment of off-site wetlands shall be based on available information and shall not require accessing off-site properties;

5.    A detailed description of the effects of the proposed development on wetland and buffer function and value, including the area of direct wetland disturbance; area of buffer reduction or averaging including documentation that functions and values will not be adversely affected by the reduction or averaging; effects of stormwater management; proposed hydrologic alteration including changes to natural drainage or infiltration patterns; effects on fish and wildlife species and their habitats; clearing and grading impacts; temporary construction impacts; and effects of increased noise, light or human intrusion;

6.    A mitigation plan, if applicable. (Ord. 1689-1206 § 1 (part), 2007)

21.64.130 Wetland buffers.

A.    Wetland buffer zones shall be required for all regulated activities adjacent to regulated wetlands. Any wetland created, restored or enhanced as compensation for approved wetland alterations shall also include the standard buffer required for the category of the created, restored or enhanced wetland. All buffers shall be measured from the wetland boundary as surveyed in the field. The width of the wetland buffer zone shall be determined according to wetland category. Buffers shall not include areas that are functionally and effectively disconnected from the wetland by a road or other substantially developed surface of sufficient width and with use characteristics such that buffer functions are not provided.

B.    The buffer standards required by this chapter presume the existence of a dense vegetation community in the buffer adequate to protect the wetland functions and values. When a buffer lacks adequate vegetation, the director may increase the standard buffer, require buffer planting or enhancement, and/or deny a proposal for buffer reduction or buffer averaging.

C.    Buffer Dimensions.

Wetland Category

Low Wildlife Function
(less than 20 points)

Moderate Wildlife Function
(20—26 points)

High Wildlife Function
(27 or more points)

Buffer Width (feet)

Category IV

50

50

501

Category III

80

100

1501

Category II

100

150

See Table in D

Category I

100

150

See Table in D

1.    Habitat scores over twenty-six points would be very rare for Category III wetlands and almost impossible for Category IV wetlands that have a total rating of thirty or less.

D.    Buffers for Wetlands with High Wildlife Function (Twenty-Seven Points or More).

Wetland Category

Points for Habitat from Wetland Rating Form

27

28

29

30

31

32

33

34

35

36

Category I and II

165

180

195

215

225

225

225

225

225

225

E.    Where lands within the wetland buffer have an average continuous slope of twenty percent to thirty-five percent, and the required buffer width is less than one hundred feet, the buffer shall extend to a thirty percent greater dimension. In all cases, where slopes within the buffers exceed 35 percent, the buffer shall extend twenty-five feet beyond the top of the bank of the sloping area or, if a buffer associated with a geological hazard is present, to whichever extent is greater.

F.    Where other critical areas defined in this chapter fall within the wetland buffer, the buffer dimension shall be the most expansive of the buffers applicable to any applicable critical area. (Ord. 1689-1206 § 1 (part), 2007)

21.64.135 Provisions for small isolated wetlands.

A.    All wetlands shall be regulated regardless of size; provided, that the director shall assure that preservation of isolated wetlands and associated buffers of less than ten thousand square feet of combined wetland and buffer shall maintain effective wetland functions, or be mitigated as provided below.

B.    Wetlands and associated buffers of less than one thousand square feet may be displaced when the wetland meets all of the following criteria, as documented in a wetland critical area study.

1.    The wetland is not associated with a riparian corridor;

2.    The wetland is not part of a wetland mosaic;

3.    The wetland does not contain habitat identified as essential for local populations of priority species identified by Washington Department of Fish and Wildlife; and

4.    Impacts of displaced wetlands are mitigated pursuant to Sections 21.64.087 and 21.64.143.

C.    Category III and IV wetlands between one thousand and four thousand square feet may be displaced without meeting the provisions of Section 21.64.087 regarding avoidance, minimization, rectification, and reducing and eliminating the impact over time; provided, that the criteria in subsection B of this section are met and the wetland does not score twenty points or greater for habitat in the 2004 Western Washington Rating System.

D.    Preservation of isolated wetlands with a total area of the combined wetland and buffer of ten thousand square feet or less shall meet the following provisions, or if the said provisions cannot be demonstrated, as specified by the director, they may be displaced and shall be mitigated as specified in Section 21.64.143.

1.    Depressional wetlands recharged only by precipitation, interflow or groundwater shall be assured a source of recharge to maintain its hydrologic character through stormwater infiltration, or other means.

2.    Wetlands that have a potential to reduce flooding or erosion or has the potential and opportunity to maintain or improve water quality as evidenced by a score of at least ten points on the applicable criteria of the wetland rating form for Western Washington shall maintain a hydraulic connection to surface water that maintains effective wetland function for flood or erosion reduction or water quality and does not substantially alter the existing hydroperiod of the wetland.

3.    Wetlands that achieve a score of at least twenty points on the habitat functions criteria of the wetland rating form for Western Washington shall maintain a connection to a linear corridor maintained as a stream buffer, a buffer associated with a geological hazard or other designated open space buffer sufficient to allow movement of terrestrial wildlife to and from the wetland and buffer complex without interruption by roads, paved areas or buildings within fifty feet. (Ord. 1689-1206 § 1 (part), 2007)

21.64.140 Wetland buffer averaging.

The permit approval authority may average wetland buffer widths on a case-by-case basis when the applicant demonstrates through a critical area study to the satisfaction of the director that all the following criteria are met:

A.    Averaging to improve wetland protection may be permitted when all of the following conditions are met as demonstrated by a wetland assessment study pursuant to Section 21.64.120:

1.    The wetland has significant differences in characteristics that affect its habitat functions, such as a wetland with a forested component adjacent to a degraded emergent component or a “dual-rated” wetland with a Category I area adjacent to a lower rated area;

2.    The buffer is increased adjacent to the higher-functioning area of habitat or more sensitive portion of the wetland and decreased adjacent to the lower-functioning or less sensitive portion;

3.    The total area of the buffer after averaging is equal to the area required without averaging and all increases in buffer dimension for averaging are generally parallel to the wetland edge;

4.    The buffer at its narrowest point is never less than three-quarters of the required width.

B.    Averaging to allow reasonable use of a parcel may be permitted when all of the following are met as demonstrated by a wetland assessment study pursuant to Section 21.64.120:

1.    There are no feasible alternatives to the site design that could be accomplished without buffer averaging;

2.    The averaged buffer will not result in degradation of the wetland’s functions and values;

3.    The total buffer area after averaging is equal to the area required without averaging and all increases in buffer dimension for averaging are generally parallel to the wetland edge;

4.    The buffer at its narrowest point is never less than three-quarters of the required width except where the director finds that there is an existing feature such as a roadway that limits buffer dimension, or an essential element of a proposed development such as access that must be accommodated for reasonable use and requires a smaller buffer.

C.    The applicant implements all reasonable measures to reduce the adverse effects of adjacent land uses and ensure no net loss of wetland functions and values in conjunction with a wetland assessment study and mitigation plan. The specific measures that shall be implemented include, but are not limited to, those in Section 21.64.147. (Ord. 1689-1206 § 1 (part), 2007)

21.64.141 Wetland buffer increase.

The permit approval authority may increase the width of the standard buffer width on a case-by-case basis, based on a critical area study, when a larger buffer is required to protect critical habitats as outlined in Section 21.64.300, or such increase is necessary to:

A.    Protect the function and value of that wetland from proximity impacts of adjacent land use, including noise, light and other disturbance, not sufficiently limited by buffers provided above;

B.    Maintain viable populations of priority species of fish and wildlife; or

C.    Protect wetlands or other critical areas from landslides, erosion or other hazards. (Ord. 1689-1206 § 1 (part), 2007)

21.64.142 Allowed activities in wetlands and buffers.

The following uses and activities may be allowed in wetlands or buffer areas subject to the priorities, protection, and mitigation requirements of this section:

A.    Utility lines and facilities providing local delivery service, not including facilities such as electrical substations, water and sewage pumping stations, water storage tanks, petroleum products pipelines and not including transformers or other facilities containing hazardous substances, may be located in Category II, III, and IV wetlands and their buffers and/or Category I wetland buffers if the following criteria are met:

1.    There is no reasonable location or route outside the wetland or wetland buffer based on analysis of system needs, available technology and alternative routes. Location within a wetland buffer shall be preferred over a location within a wetlands.

2.    The utility line is located as far from the wetland edge as possible and in a manner that minimizes disturbance of soils and vegetation.

3.    Clearing, grading, and excavation activities are limited to the minimum necessary to install the utility line, which may include boring, and the area is restored following utility installation.

4.    Buried utility lines shall be constructed in a manner that prevents adverse impacts to subsurface drainage. This may include the use of trench plugs or other devices as needed to maintain hydrology.

5.    Impacts on wetland functions are mitigated in accordance with Section 21.64.143.

B.    Public and private roadways and railroad facilities, including bridge construction and culvert installation, if the following criteria are met:

1.    There is no reasonable location or route outside the wetland or wetland buffer based on analysis of system needs, available technology and alternative routes. Location within a wetland buffer shall be preferred over a location within a wetland.

2.    Facilities parallel to the wetland edge are located as far from the wetland edge as possible and in a manner that minimizes disturbance of soils and vegetation.

3.    Clearing, grading, and excavation activities are limited to the minimum necessary, which may include placement on elevated structures as an alternative to fill, where feasible.

4.    Impacts on wetland functions are mitigated in accordance with Section 21.64.143.

C.    Access to private development sites may be permitted to cross Category II, III, or IV wetlands or their buffers, pursuant to the criteria in subsection B of this section; provided, that alternative access shall be pursued to the maximum extent feasible, including through the provisions of Chapter 8.24 RCW. Exceptions or deviations from technical standards for width or other dimensions, and specific construction standards to minimize impacts may be specified, including placement on elevated structures as an alternative to fill, if feasible.

D.    Maintenance, repair, or operation of existing structures, facilities, or improved areas, including minor modification of existing serviceable structures within a buffer zone where modification does not adversely impact wetland functions, and subject to the provisions for nonconforming use and facilities.

E.    Stormwater conveyance or discharge facilities such as dispersion trenches, level spreaders, and outfalls may be permitted within a Category II, III, or IV wetland buffer on a case-by-case basis if the following are met:

1.    Due to topographic or other physical constraints, there are no feasible locations for these facilities to discharge to surface water through existing systems or outside the buffer. Locations and designs that infiltrate water shall be preferred over a design that crosses the buffer.

2.    The discharge is located as far from the wetland edge as possible and in a manner that minimizes disturbance of soils and vegetation and avoids long-term rill or channel erosion.

F.    On-site sewage disposal system conventional drainfields may be permitted in the outer twenty-five percent of a Category II, III and IV wetland buffer when accessory to an approved residential structure, if the following conditions are met:

1.    It is not feasible to connect to a public sanitary sewer system;

2.    There is no reasonable location outside the wetland buffer based on analysis of conditions within the contiguous property owned by the applicant;

3.    The facility is located as far from the wetland edge as possible and is designed and constructed in a manner that minimizes disturbance of soils and vegetation, and no trees in excess of four inches in diameter are removed or disturbed;

4.    Clearing, grading, and excavation activities are limited to the minimum necessary and the area is restored following installation.

G.    Outdoor recreational or educational activities which do not significantly affect the function of the wetland or regulated buffer (including wildlife management or viewing structures, outdoor scientific or interpretive facilities, trails, hunting blinds, etc.) may be permitted within a Category II, III, or IV wetlands or their buffers and within a Category I wetland buffer if the following criteria are met:

1.    Trails shall not exceed four feet in width and shall be surfaced with gravel or pervious material, including boardwalks;

2.    The trail or facility is located in the outer fifty percent of the buffer area unless a location closer to the wetland edge or within the wetland is required for interpretive purposes;

3.    The trail or facility is constructed and maintained in a manner that minimizes disturbance of the wetland or buffer. Trails or facilities within wetlands shall be placed on an elevated structure as an alternative to fill;

4.    Wetland mitigation in accordance with Section 21.64.143. (Ord. 1689-1206 § 1 (part), 2007)

21.64.143 Wetland mitigation.

Activities that adversely affect wetlands and/or wetland buffers shall include mitigation sufficient to achieve no net loss of wetland function and values in accordance with Section 21.64.087 and this section.

A.    Wetland Alterations. Compensatory mitigation shall be provided for all wetland alteration and shall re-establish, create, rehabilitate, enhance, and/or preserve equivalent wetland functions and values. Compensation for wetland alterations shall occur in the following order of preference:

1.    Re-establishing wetlands on upland sites that were formerly wetlands.

2.    Rehabilitating wetlands for the purposes of repairing or restoring natural and/or historic functions.

3.    Creating wetlands on disturbed upland sites such as those consisting primarily of nonnative, invasive plant species.

4.    Enhancing significantly degraded wetlands.

5.    Preserving Category I or II wetlands that are under imminent threat; provided, that preservation shall only be allowed in combination with other forms of mitigation and when the director determines that the overall mitigation package fully replaces the functions and values lost due to development.

B.    Mitigation Ratios. Compensatory mitigation for wetland alterations shall be based on the wetland category and the type of mitigation activity proposed. The replacement ratio shall be determined according to the ratios provided in the table below; provided, that replacement ratio for preservation shall be determined by the director on a case-by-case basis. The created, re-established, rehabilitated, or enhanced wetland area shall at a minimum provide a level of function equivalent to the wetland being altered and shall be located in an appropriate landscape setting.

Table 21.64.143—Wetland Mitigation Type and Replacement Ratio*

Wetland Category

Creation

Re-establishment

Rehabilitation

Enhancement Only

Category IV

1.5:1

1.5:1

2:1

3:1

Category III

2:1

2:1

3:1

4:1

Category II

3:1

3:1

4:1

6:1

Category I

6:1

6:1

8:1

Not allowed

*    Ratio is the replacement area: impact area.

C.    Compensation for wetland buffer impacts shall occur at a minimum one-to-one ratio. Compensatory mitigation for buffer impacts shall include enhancement of degraded buffers by planting native species, removing structures and impervious surfaces within buffers, and other measures.

D.    Mitigation banks shall not be subject to the replacement ratios outlined in the replacement ratio table above, but shall be determined as part of the mitigation banking agreement and certification process.

E.    Buffers. Replacement wetlands established pursuant to these mitigation provisions shall have adequate buffers to ensure their protection and sustainability. The buffer shall be based on the category in Section 21.64.130; provided, that the director shall have the authority to approve a smaller buffer when existing site constraints (such as a road) prohibit attainment of the standard buffer.

F.    Adjustment of Ratios. The director shall have the authority to adjust these ratios when a combination of mitigation approaches is proposed. In such cases, the area of altered wetland shall be replaced at a one-to-one ratio through re-establishment or creation, and the remainder of the area needed to meet the ratio can be replaced by enhancement at a two-to-one ratio. For example, impacts to one acre of a Category II wetland requiring a three-to-one ratio for creation can be compensated by creating one acre and enhancing four acres (instead of the additional two acres of creation that would otherwise be required).

G.    Location. Compensatory mitigation shall be provided on-site or off-site in the location that will provide the greatest ecological benefit and have the greatest likelihood of success; provided, that mitigation occurs as close as possible to the impact area and within the same watershed sub-basin as the permitted alteration; provided, that mitigation within the watershed of a stream flowing into Oakland Bay or Hammersley Inlet and within WRIA 14 may be approved upon demonstration through a watershed- or landscape-based analysis that said mitigation site would have greater ecological benefit.

H.    Protection. All mitigation areas whether on- or off-site shall be permanently protected and managed to prevent degradation and ensure protection of critical area functions and values into perpetuity. Permanent protection shall be achieved through deed restriction or other protective covenant in accordance with Section 21.64.085.

I.    Timing. Mitigation activities shall be timed to occur in the appropriate season based on weather and moisture conditions and shall occur as soon as possible after the permitted alteration. (Ord. 1689-1206 § 1 (part), 2007)

21.64.144 Wetland mitigation plan.

In addition to meeting the requirements of Section 21.64.087, a compensatory mitigation plan for wetland and wetland buffer impacts shall meet the following requirements:

A.    The plan shall be based on applicable portions of the Washington State Department of Ecology’s Guidelines for Developing Freshwater Wetland Mitigation Plans and Proposals, 2004, or other appropriate guidance document that is consistent with best available science.

B.    The plan shall contain sufficient information to demonstrate that the proposed activities are logistically feasible, constructible, ecologically sustainable, and likely to succeed. Specific information to be provided in the plan shall include:

1.    The rationale for site selection;

2.    General description and scaled drawings of the activities proposed including, but not limited to, clearing, grading/excavation, drainage alterations, planting, invasive plant management, installation of habitat structures, irrigation, and other site treatments associated with the development activities and proposed mitigation action(s);

3.    A description of the ecological functions and values that the proposed alteration will affect and the specific ecological functions and values the proposed mitigation area(s) shall provide, together with a description of required or recommended mitigation ratios and an assessment of factors that may affect the success of the mitigation program;

4.    Overall goals of the plan, including wetland function, value, and acreage;

5.    Description of baseline (existing) site conditions including topography, vegetation, soils, hydrology, habitat features (i.e., snags), surrounding land use, and other pertinent information;

6.    Field data confirming the presence of adequate hydrology (surface and/or groundwater) to support existing and compensatory wetland area(s);

7.    Nature of mitigation activities, including area of restored, created, enhanced and preserved wetland, by wetland type;

8.    Detailed grading and planting plans showing proposed post-construction topography; general hydrologic patterns; spacing and distribution of plant species, size and type of proposed planting stock, watering or irrigation plans, and other pertinent information;

9.    A description of site treatment measures including invasive species removal, use of mulch and fertilizer, placement of erosion and sediment control devices, and best management practices that will be used to protect existing wetlands and desirable vegetation;

10.    A demonstration that the site will have adequate buffers sufficient to protect the wetland functions into perpetuity.

C.    Specific measurable performance standards that the proposed mitigation action(s) shall achieve together with a description of how the mitigation action(s) will be evaluated and monitored to determine if the performance standards are being met and identification of potential courses of action, and any corrective measures to be taken if monitoring or evaluation indicates that project performance standards are not being met. The performance standards shall be tied to and directly related to the mitigation goals and objectives.

D.    Cost estimates for the installation of the mitigation program, monitoring, and potential corrective actions if project performance standards are not being met. (Ord. 1689-1206 § 1 (part), 2007)

21.64.145 Wetland mitigation monitoring.

A.    All compensatory mitigation projects shall be monitored for a period necessary to establish that performance standards have been met, but generally not for a period less than five years. Reports shall be submitted annually for the first three years following construction and at the completion of years five, seven, and ten if applicable to document milestones, successes, problems, and contingency actions of the compensatory mitigation. The director shall have the authority to modify or extend the monitoring period and require additional monitoring reports for up to ten years when any of the following conditions apply:

1.    The project does not meet the performance standards identified in the mitigation plan.

2.    The project does not provide adequate replacement for the functions and values of the impacted critical area.

3.    The project involves establishment of forested plant communities, which require longer time for establishment.

B.    Mitigation monitoring reports shall include information sufficient to document and assess the degree of mitigation success or failure as defined by the performance standards contained in the approved mitigation plan. Information to be provided in annual monitoring reports shall include the following:

1.    Number and location of vegetation sample plots used to document compliance with performance standards;

2.    Measurements of the percent survival of planted material, plant cover, stem density, presence of invasive species, or other attributes;

3.    For sites that involve wetland creation, re-establishment or rehabilitation, hydrologic observations of soil saturation/inundation as needed to demonstrate that a site meets the wetland hydrology criterion;

4.    Representative photographs of the site;

5.    A written summary of overall site conditions and recommendations for maintenance actions if needed;

6.    Other information that the director deems necessary to ensure the success of the site. (Ord. 1689-1206 § 1 (part), 2007)

21.64.147 Development standards—Wetlands.

A.    Development standards for adjacent development shall minimize adverse effects on the wetland, and shall include:

1.    Subdivision of land shall assure that each lot has sufficient building area outside wetlands and buffers. Lots in subdivisions shall be oriented whenever feasible to provide a rear yard of at least twenty feet between the buffer area and buildings.

2.    Fencing shall be provided at the perimeter of residential development to limit domestic animal entry into wetlands and buffer areas.

3.    Activities that generate noise shall be located as far from the wetland and buffer as feasible. Roads, driveways, parking lots and loading areas, mechanical or ventilating equipment shall be located on sides of buildings away from the wetland, or separated by noise attenuating walls.

4.    Light penetration into buffer areas and wetlands shall be limited by locating areas requiring exterior lighting away from the wetland boundary, or limiting light mounting heights to a maximum of four feet. Windows that will be lit at night should be minimized on the side of buildings facing wetlands and buffers, or screened as provided for in subsection C of this section.

B.    Management of surface runoff from adjacent land shall minimize adverse effects on wetland ecological functions and shall include:

1.    Control of surface water peak flow and duration of flow should be maintained at rates typical of native forest cover.

2.    Runoff should be routed to infiltration systems, to the maximum extent feasible, to provide groundwater interflow recharge to wetlands and/or water bodies and to limit overland flow and erosion.

3.    Surface or piped stormwater should be routed to existing conveyances or to other areas, wherever hydraulic gradients allow. Where stormwater is routed to wetlands, system design shall assure that erosion and sedimentation will be avoided to the maximum extent feasible.

4.    To prevent channelized flow from lawns and other landscaped areas from entering the buffer, and to prevent washing of fertilizers, herbicides and pesticides into the buffer, if slopes adjacent to the buffer exceed fifteen percent, a ten-foot wide swale to intercept runoff or other effective interception facility approved by the director shall be provided at the edge of the buffer.

5.    Adopt and implement an integrated pest management system including limiting use of fertilizers, herbicides and pesticides within twenty-five feet of the buffer.

C.    In order to maintain effective buffer conditions and functions, a vegetation management plan shall be required for all buffer areas, to include:

1.    Maintaining adequate cover of native vegetation including trees and understory; if existing tree cover is less than a relative density of twenty, planting shall be required consisting of seedlings at a density of three hundred stems per acre or the equivalent;

2.    Provide a dense screen of native evergreen trees at the perimeter of the buffer. If existing vegetation is not sufficient to prevent viewing adjacent development from within the buffer. Planting shall be required equivalent to two rows of three-foot high stock of native evergreens at a triangular spacing of fifteen feet, or three rows of gallon containers at a triangular spacing of eight feet. Fencing may be required if needed to block headlights or other sources of light or to provide an immediate effective visual screen;

3.    Provide a plan for control of invasive weeds, and remove existing invasive species;

4.    Provide for a monitoring and maintenance plan for a period of at least five years, except this provision may be waived for single-family residential lots. (Ord. 1689-1206 § 1 (part), 2007)

21.64.200 Geologically hazardous areas—Designation.

The following areas are designated as “geologically hazardous areas”:

A.    Landslide Hazard Areas. Landslide hazard areas include areas susceptible to landslides because of any combination of bedrock, soil, slope (gradient), slope aspect, structure, hydrology, or other physical factors. Landslide hazard areas shall include areas susceptible to landslides because of any combination of bedrock, soil, slope (gradient), slope aspect, structure, hydrology, or other physical factors. Potential landslide hazard areas exhibit one or more of the following characteristics:

1.    Sensitive Sloped Areas. Slopes exceeding thirty-five percent with a vertical relief of ten or more feet except areas composed of competent rock and properly engineered slopes designed and approved by a geotechnical engineer licensed in the state of Washington and experienced with the site;

2.    Areas designated as “U,” “UOS” and “URS” in the Coastal Zone Atlas;

3.    Areas designated by the Soil Conservation Service as having “severe” limitation for building site development;

4.    Areas that have shown evidence of historic failure or instability, including but not limited to back-rotated benches on slopes; areas with structures that exhibit structural damage such as settling and racking of building foundations; and areas that have toppling, leaning, or bowed trees caused by ground surface movement;

5.    Slopes greater than fifteen percent that have a relatively permeable geologic unit overlying a relatively impermeable unit and having springs or groundwater seepage;

6.    Areas potentially unstable as a result of rapid stream incision, stream bank erosion, and undercutting by wave action include slopes exceeding ten feet in height adjacent to streams, and lakes with more than a thirty percent gradient;

7.    Areas located in a canyon or active alluvial fan, presently or potentially subject to inundation by debris flows or catastrophic flooding; and

8.    Areas that are at risk of mass wasting due to seismic forces.

B.    Erosion Hazard Areas. Erosion hazard areas are those areas of Shelton containing soils that may experience severe to very severe erosion hazard including those soils groups designated in the Soil Conservation Service Soil Survey of Mason County, Washington as “highly erodable land” and “potentially highly erodable land.”

C.    Seismic Hazard Areas. Areas subject to severe risk of damage as a result of earthquake-induced ground shaking, slope failure, soil liquefaction or surface faulting including:

1.    Areas subject to surface faulting during a seismic event;

2.    Areas with underlying deposits indicative of a risk of liquefaction during a seismic event;

3.    Areas subject to slope failure during a seismic event;

4.    Areas that are at risk of mass wasting due to seismic forces.

Seismic hazards shall be as identified in Washington State Department of Natural Resources seismic hazard maps for Western Washington and other geologic resources. (Ord. 1689-1206 § 1 (part), 2007)

21.64.210 Development standards for landslide hazard areas.

Uses and activities in landslide hazard areas shall conform to the following standards:

A.    Protection of Landslide Area and Buffer. The landslide hazard area and associated buffer shall be protected from disturbance, except in compliance with the standards of this section. Modification of topography and vegetation in landslide hazard areas shall be stringently limited to provide multiple benefits of long-term stability of sensitive slopes and related benefits including reduction of erosion potential, reduction of stormwater runoff, and preservation of related ecological values. Unless otherwise provided or as part of an approved alteration, removal of vegetation from a landslide hazard area or related buffer shall be prohibited. If the designated landslide hazard and buffer area lacks adequate woody vegetation to provide for stability, the director shall have the authority to require vegetation restoration or other measures to improve slope stability.

B.    A buffer shall be established from all edges of landslide hazard areas. The size of the buffer shall be determined by the director to minimize or eliminate the risk of property damage, death, or injury and effects on other elements of the environment resulting from earth movement caused in whole or part by the development:

1.    The buffer from the top of a slope shall be designed to protect persons and property from damage due to catastrophic slope failure and slope retreat over the lifetime of the use and provide an area of vegetation to promote shallow stability, control erosion and promote multiple benefits to wildlife and other resources. The minimum dimension of the buffer shall be equal to the greater of:

a.    The distance from the top of slope equal to the vertical distance from the toe of slope to the top of slope;

b.    The distance from the top of slope equal to the distance from the toe of slope upslope at a slope of two-to-one (horizontal to vertical) to a point that intersects with the site’s ground elevation; or

c.    Fifty feet from the top of the slope.

2.    The minimum buffer from the bottom of a slope shall provide for safety of persons and property from the run-out resulting from slope failure and shall be the greater of:

a.    The height of the slope; or

b.    Fifty feet from the toe of the slope.

3.    Buffer Reduction. The buffer may be reduced to a minimum of ten feet based on analysis of specific development plans provided by a qualified professional that demonstrates to the director’s satisfaction that the reduction will adequately protect the proposed development, adjacent developments, and uses and other nearby critical areas.

4.    Increased Buffer. The buffer may be increased where the director determines a larger buffer is necessary to prevent risk of damage to proposed and existing development.

C.    Development Standards.

1.    Division of land within or adjacent to landslide hazard areas and associated buffers shall be clustered to avoid landslide hazard areas and associated buffers. Land that is located partially within a landslide hazard area or its buffer may be divided; provided, that each resulting lot has sufficient buildable area outside of the landslide area and buffer with provision for drainage, erosion control and related features that will not adversely affect the stability of the landslide area.

2.    Alteration of a landslide hazard area and buffer in order to accommodate structures or land alteration may be authorized only in cases where the director finds that reasonable development cannot be accommodated on portions of the site not subject to landslide hazards and buffers, and if analysis by a qualified professional establishes compliance with the following standards, based on specific development plans:

a.    The proposed development will not result in a risk of landslide that may affect development on the subject property or other properties in the vicinity, and will not result in a greater risk or a need for increased buffers on neighboring properties. For unconsolidated deposits, development shall not decrease the factor of safety for landslide occurrences below the limits of one and one-half for static conditions and one and one-fifth for dynamic conditions. Analysis of dynamic conditions shall be based on a minimum horizontal acceleration as established by the current version of the International Building Code.

b.    Measures to maintain slope stability, such as drainage systems, must be of a design that will assure operation without facilities requiring regular maintenance that would jeopardize stability if the facility fails.

c.    The development will not increase erosion or sedimentation risk on the site.

d.    The development will not increase surface water discharge or sedimentation to adjacent properties beyond pre-development conditions.

e.    Such alterations will not adversely impact other critical areas.

f.    Structures shall be located on the least sensitive portion of the site and clustered where possible to reduce disturbance and removal of vegetation.

g.    Grading shall minimize alterations to the natural contour of the slope.

h.    Foundations should conform to the natural contours of the slope and foundations should be stepped/tiered where possible to conform to existing topography of the site.

i.    Retaining walls shall be preferred over cut and fill and shall be incorporated into structures wherever feasible.

j.    Landslide hazard areas on unconsolidated deposits with a gradient of forty percent where the toe of slope is within the buffer area of a wetland, stream, pond or lake are not eligible for alteration of landslide hazard areas or but may be subject to alteration of buffers, subject to compliance with the standards of this chapter.

3.    Critical facilities, including, but not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, and installations that produce, use, or store hazardous materials shall not be located in landslide hazard areas if there is a feasible alternative location outside the hazardous areas that would serve the intended service population. A facility may be allowed only subject to the standards in subsection (C)(2) of this section.

4.    Utility lines and pipes shall be permitted in erosion and landslide hazard areas only when the applicant demonstrates that no other practical alternative is available. The line or pipe shall be located above ground and properly anchored and/or designed so that it will continue to function in the event of an underlying slide. Stormwater conveyance shall be allowed only through a high-density polyethylene pipe with fuse-welded joints, or similar product that is technically equal or superior.

5.    Point discharges from surface water facilities and roof drains onto or upgradient from an erosion or landslide hazard area shall be prohibited.

6.    Roads, driveways and other vehicular access, trails and walkways may be permitted only if the applicant demonstrates that no other feasible alternative exists, including through the provisions of Chapter 8.24 RCW and subject to the standards in subsection (C)(2) of this section. If access through a hazard area is granted, exceptions or deviations from technical standards for width or other dimensions, and specific construction standards to minimize impacts may be specified. Access roads and trails shall be engineered and built to standards that avoid the need for major repair or reconstruction beyond that which would be required in nonhazard areas and shall be:

a.    Located in the least sensitive area of the site.

b.    Designed to minimize topographic modification with low gradients and/or parallel to the natural contours of the site.

c.    Retaining walls shall be preferred over cut and fill slopes to minimize topographic modification.

d.    Clearing and grading shall minimize ground disturbance to the maximum extent feasible to accommodate allowed development and generally shall not extend more than ten feet beyond the approved development.

D.    A qualified professional, licensed in the state of Washington, shall review projects in geologically hazardous areas to ensure that they are properly designed and constructed. (Ord. 1689-1206 § 1 (part), 2007)

21.64.220 Development standards for erosion hazard areas.

A.    Within erosion hazard areas disturbance of natural vegetation shall be limited. The following chart sets forth the maximum disturbance allowed on a site:

Table 21.64.220
Amount of Slope Which Can Be Disturbed

Slope

Disturbance Allowed

0 to 15 percent

100 percent

15 to 25 percent

60 percent

25 to 40 percent

45 percent

Greater than 40 percent

0 percent

1.    The overall disturbance allowed on development sites which have any combination of the above slope categories shall be determined by the following formula:

(square footage of the site having 0—15% slopes) x 1.00 + (square footage of site having 15—25% slopes) x 0.60 + (square footage of site having 25—40% slopes) x 0.45 = Total allowable site disturbance

2.    Areas protected as critical areas by other provisions of this chapter shall be eliminated from the calculation of allowed site disturbance in subsection (A)(1) of this section.

3.    The total allowable site disturbance limits shall be applied to the entire site and shall include all disturbance over the life of the project.

4.    The disturbed area of the site shall be located within areas of the least sensitivity portions of the site.

5.    Areas to be preserved as undisturbed shall be located on site plans and protected from disturbance during construction and use. Areas to be preserved in subdivisions shall be indicated on the face of the plat in accordance with Section 21.64.085, Notice on title. Disturbance limits shall be observed in subsequent development of lots.

6.    Disturbance limits shall not be applied to existing single-family residential lots less than twenty thousand square feet in size that were created prior to the adoption of this chapter.

B.    Structures shall be located on the least sensitive portion of the site and clustered where possible to reduce disturbance and removal of vegetation.

C.    Grading shall minimize alterations to the natural contour of the slope. Building foundations shall conform to the natural contours of the slope and be stepped/tiered to conform to existing topography of the site.

D.    Retaining walls shall be preferred over cut and fill for roads, parking lots and structures. Structures on slopes in excess of twenty-five percent shall incorporate earth retaining structures in buildings rather than employing freestanding earth retention structures.

E.    Clearing and grading shall minimize ground disturbance to the maximum extent feasible and generally shall not extend more than ten feet beyond the approved development.

F.    All structures or impervious surface improvements shall be required to have on-site drainage systems to meet the specifications of the public works department to control conveyance of stormwater to avoid erosion hazard areas. Point discharges or overland dispersion systems from surface water facilities and roof drains onto or upstream from an erosion or landslide hazard area shall be prohibited from discharging onto slopes in excess of five percent. Conveyance should be provided to the foot of slopes.

G.    Roads, driveways and other vehicular access, trails and walkways shall be:

1.    Located in the least sensitive area of the site.

2.    Designed to minimize topographic modification with low gradients and/or parallel to the natural contours of the site.

3.    Retaining walls shall be preferred over cut and fill slopes to minimize topographic modification.

H.    Logging activity allowed on slope exceeding twenty-five percent shall be partial cutting only and not clear cutting. “Partial cutting” is defined here as per WAC 222-16-010. In addition, subsequent harvest shall not create a condition inconsistent with that definition. Timber harvest in these areas shall be consistent with all applicable laws including but not limited to Chapter 222-30 WAC, Timber Harvesting, Chapter 222-34 WAC, Reforestation, and Chapter 222-38 WAC, Forest Chemicals. (Ord. 1689-1206 § 1 (part), 2007)

21.64.230 Seismic hazard areas standards.

Development may be allowed in seismic hazard areas when all of the following apply:

A.    If evaluation of site-specific subsurface conditions by a qualified professional demonstrates that the proposed development site is not subject to the conditions indicating seismic risk, the provisions of this subsection shall not apply.

B.    If a site is subject to seismic risk, the applicant shall implement appropriate engineering design based on analysis by a qualified professional of the best available engineering and geological practices that either eliminates or minimizes the risk of structural damage or injury resulting from seismically induced settlement or soil liquefaction, including compliance with the following criteria:

1.    Subdivision within a seismic hazard areas shall assure that each resulting lot has sufficient buildable area outside of the hazard area or that appropriate limitations on building and reference to appropriate standards are incorporated into subdivision approval and may be placed as restrictions on the face of the plat;

2.    Structures in seismic hazard areas shall conform to applicable analysis and design criteria of the International Building Code;

3.    Public roads, bridges, utilities and trails shall be allowed when there are no feasible alternative locations and geotechnical analysis and design are provided that ensure the roadway, bridge and utility structures and facilities will not be susceptible to damage from seismic induced ground deformation. Mitigation measures shall be designed in accordance with the most recent version of the American Association of State Highway and Transportation Officials (AASHTO) Manual or other appropriate document.

C.    The director may waive or reduce engineering study and design requirements for alterations in seismic hazard areas for:

1.    Mobile homes;

2.    Additions or alterations to existing structures that do not increase occupancy or significantly affect the risk of structural damage or injury; and

3.    Buildings that are not dwelling units or used as places of employment or public assembly. (Ord. 1689-1206 § 1 (part), 2007)

21.64.240 Geologically hazardous areas review and reporting requirements.

A.    When critical area maps or other sources of credible information indicate that a site proposed for development or alteration is or may be located within a geologically hazardous area, the director shall have the authority to require the submittal of a geological hazard assessment report.

B.    A geological hazard assessment report is an investigation process to evaluate the geologic characteristics of the subject property and adjacent areas. The geological assessment shall include field investigation and may include the analysis of historical aerial photographs, review of public records and documentation, and interviews with adjacent property owners. The report shall include the following; provided, that the director may determine that any portion of these requirements is unnecessary given the scope and/or scale of the proposed development:

1.    A description of which areas on the site, surrounding areas that influence or could be influenced by the site, or areas within three hundred feet of the site meet the criteria for geologically hazardous areas;

2.    A scaled site plan showing:

a.    The type and extent of geologic hazard areas, and any other critical areas, and buffers on, adjacent to or that are likely to impact or influence the proposal, including properties upslope of the subject site;

b.    The location of existing and proposed structures, fill, access roads, storage of materials, and drainage facilities, with dimensions indicating distances to the floodplain;

c.    The existing site topography preferably accurate to within two-foot contours; and

d.    Clearing limits;

3.    A description of the site features, including surface and subsurface geology, hydrology, soils, and vegetation found in the project area and in all hazard areas addressed in the report. This may include surface exploration data such as borings, drill holes, test pits, wells, geologic reports, and other relevant reports or site investigations that may be useful in making conclusions or recommendations about the site under investigation;

4.    A description of the processes affecting the property or affected by development of the property including soil erosion, deposition, or accretion;

5.    A description of the vulnerability of the site to seismic and other geologic processes and a description of any potential hazards that could be created or exacerbated as a result of site development.

C.    If development is proposed in an area subject to geologic hazards, the assessment shall include:

1.    A description and analysis of the level of risk associated with development that complies with prohibitions and buffers associated with this code;

2.    A description and analysis of the level of risk associated with alternative proposals for development within or with less setback from the area of geological hazard including risk to future occupants of the subject property, adjacent property, other critical areas and the general public safety;

3.    A description and analysis of the level of risk associated with the measures proposed to mitigate the hazards, ensure public safety, and protect property and other critical areas, including the risk of failure if structures, drainage systems or other facilities are not monitored, maintain, or cease to function as designed for any reasons;

4.    A description and analysis of the level of risk associated with increased erosion or sedimentation risk on the site and potential effects on adjacent properties, water bodies and wetlands;

5.    For projects in or affecting landslide hazard areas, the report shall also include:

a.    Assessments and conclusions regarding slope stability for both the existing and developed conditions including the potential types of landslide failure mechanisms (e.g., debris flow, rotational slump, translational slip, etc.) that may affect the site. The stability evaluation shall also consider dynamic earthquake loading, and shall use a minimum horizontal acceleration as established by the current version of the International Building Code;

b.    Description of the run-out hazard of landslide debris to the proposed development that starts upslope (whether part of the subject property or on a neighboring property) and/or the impacts of landslide run-out on down slope properties and critical areas;

c.    For proposed development on unconsolidated deposits, analysis of whether the development results in a factor of safety for landslide occurrences below the limits of one and one-half for static conditions and one and one-fifth for dynamic conditions. Analysis of dynamic conditions shall be based on a minimum horizontal acceleration as established by the current version of the International Building Code;

6.    For projects in seismic hazard areas, the report shall also include a detailed engineering evaluation of expected ground displacements or other liquefaction and/or dynamic settlement effects and proposed mitigation measures to ensure an acceptable level of risk for the proposed structure type or other development facilities such as access roads and utilities. (Ord. 1689-1206 § 1 (part), 2007)

21.64.300 Fish and wildlife habitat—Designation.

A.    Fish and wildlife habitat conservation areas are those areas identified as being of critical importance to the maintenance of certain fish, wildlife, and/or plant species. Theses areas are typically identified either by known point locations of specific species (such as a nest or den) or by habitat areas or both. All areas within the city meeting these criteria are hereby designated critical areas and are subject to the provisions of this chapter.

B.    For purposes of this chapter, fish and wildlife habitat conservation areas shall include all of the following:

1.    The Washington State Department of Fish and Wildlife priority habitats and species recommendations for species and habitats, for:

a.    Endangered species listed at WAC 232-12-014;

b.    Threatened species listed at WAC 232-12-001;

c.    Sensitive species listed at WAC 232-12-011;

2.    Bald eagle habitat pursuant to WAC 232-12-292;

3.    Endangered or threatened species listed in accordance with the federal Endangered Species Act together with the areas with which they have a primary association;

4.    State natural area preserves and natural resource conservation areas including:

a.    Department of Natural Resources (DNR) designated Natural Areas Preserves (NAP) and Natural Resource Conservation Areas (NECA);

b.    Washington Department of Fish and Wildlife (WDFW) designated Wildlife Recreation Areas (WRA);

5.    Waters of the state as defined in RCW 77.55.011 and 90.56.010 including shorelines of the state as defined in RCW 90.58.010;

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

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

8.    Areas open to shellfish gathering under applicable health regulations and any “shellfish protection district” that may be established in accordance with Chapter 90.72 RCW.

C.    In addition to the species and habitats identified in subsection B of this section, the city may designate additional species and/or habitats of local importance as follows:

1.    In order to nominate an area or a species to the category of locally important, an individual or organization must:

a.    Demonstrate a need for special consideration based on:

i.    Declining population;

ii.    High sensitivity to habitat manipulation; or

iii.    Demonstrated commercial, recreational, cultural, or other special value;

b.    Propose relevant management strategies considered effective and within the scope of this chapter; and

c.    Provide a map showing the species or habitat location(s).

2.    Submitted proposals shall be reviewed by the city and may be forwarded to the state Departments of Fish and Wildlife, Natural Resources, and/or other local, state, federal, and/or tribal agencies or experts for comments and recommendations regarding accuracy of data and effectiveness of proposed management strategies.

3.    If the proposal is found to be complete, accurate, and consistent with the purposes and intent of this chapter, the city council will hold a public hearing to solicit comment. Approved nominations will become designated locally important habitats or species and will be subject to the provisions of this chapter. (Ord. 1921-0518 (part), 2018; Ord. 1689-1206 § 1 (part), 2007)

21.64.310 Fish and wildlife habitat conservation areas—Water bodies.

A.    Streams shall be designated in accordance with the Washington State Department of Natural Resources (DNR) stream type as provided in WAC 222-16-030 with the following revisions:

1.    Type S Water. All waters, as inventoried as “shorelines of the state” under Chapter 90.58 RCW and the rules promulgated pursuant to Chapter 90.58 RCW including periodically inundated areas of their associated wetlands.

2.    Type F-A Water. Segments of natural waters other than Type S waters, which are within defined channels greater than ten feet in width, as defined by the OHWM and periodically inundated areas of their associated wetlands or within lakes, ponds, or impoundments having a surface area of one-half acre or greater at seasonal low water and which in any case contain fish habitat.

3.    Type F-B Water. Segments of natural waters other than Type S waters, which are within defined channels less than ten feet in width, as defined by the OHWM, or within lakes, ponds, or impoundments having a surface area of less than one-half acre at seasonal low water and which in any case contain fish habitat.

4.    Type Np Water. All segments of natural waters within defined channels that are perennial nonfish habitat streams. Perennial streams are waters that do not go dry any time of a year of normal rainfall. However, for the purpose of water typing, Type Np waters include the intermittent dry portions of the perennial channel below the uppermost point of perennial flow.

5.    Type Ns Water. All segments of natural waters within defined channels that are not Type S, F, or Np waters. These are seasonal, nonfish habitat streams in which surface flow is not present for at least some portion of a year of normal rainfall and are not located downstream from any stream reach that is a Type Np water. Type Ns waters must be physically connected by an above ground channel system to Type S, F, or Np waters.

B.    Nonfish habitat streams are those streams that have no known or potential use by anadromous or resident fish based on the stream character, hydrology and gradient; provided, that human-made barriers shall not be considered a limit on fish use except when the director makes the following findings:

1.    The human-made barrier is located beneath public infrastructure that is unlikely to be replaced and it is not feasible to remove the barrier without removing the public infrastructure; provided, that the infrastructure is not identified for future modification in the capital facility or other plans of the public agency responsible for the infrastructure, and the facility will not exceed its design life within the foreseeable future;

2.    The human-made barrier is located beneath one or more occupied structures and it is not feasible to remove the barrier without removing the structure, and the structure is of a size and condition that removal or substantial remodel is not likely;

3.    The human-made barrier is not identified for removal by a public agency or in an adopted watershed plan. (Ord. 1689-1206 § 1 (part), 2007)

21.64.320 Fish and wildlife habitat conservation areas—Water bodies—Buffers.

The director shall have the authority to require buffers from the edges of all streams in accordance with the following:

A.    Buffers shall be established for activities adjacent to as necessary to protect the integrity, functions and values of the resource. Buffer widths shall reflect the sensitivity of the species or habitat and the type and intensity of the adjacent human use or activity. Two systems of buffer dimensions are specified below, standard buffers and buffers based on specific water body reach characteristics and ecological functions.

B.    Standard Buffers. The standard buffer widths required by this section are based on scientific studies of the conditions necessary to sustain ecological functions and values to support anadromous and resident fish and presume the existence of a dense native vegetation community in the buffer zone adequate to protect the stream functions and values at the time of the proposed activity. Buffers shall be measured as follows:

1.    Type S Water. All waters, as inventoried as “shorelines of the state” under the jurisdiction of the Shoreline Management Act, except associated wetlands, which shall be regulated in accordance with Sections 21.64.100 through 21.64.147—One hundred fifty feet.

2.    Type F-A Water. Segments of natural waters other than Type S waters, which are greater than ten feet in width—One hundred fifty feet.

3.    Type F-B Water. Segments of natural waters other than Type S waters, which are less than ten feet in width—One hundred feet.

4.    Type Np Water. Segments of natural waters that are perennial nonfish habitat streams—Seventy-five feet.

5.    Type Ns Water. Segments of natural waters within defined channels that are seasonal, nonfish habitat streams—Fifty feet.

6.    Nonfish-bearing streams in existing subdivisions:

a.    Where streams have been placed in separate tracts, buffers will be provided by the tract, provided a minimum dimension of twenty-five feet from the edge of the stream is provided;

b.    Where streams have not been placed in separate tracts, or if a minimum dimension of twenty-five feet from the edge of the stream is not provided, buffers will meet the dimensional requirements in subsection (B)(4) of this section, unless existing structures are located within the buffer. In that case, the following provisions shall apply:

i.    An inner riparian buffer shall be provided with a dense community of native trees, shrubs, and groundcover. The dimension of this buffer shall be a minimum of fifteen feet, and may be expanded if sufficient clearance is available between the stream and existing primary structures;

ii.    An outer riparian buffer may be provided to extend within ten feet of an existing primary structure. Within the outer buffer, a maximum of twenty-five percent of the zone may be used as grass turf, with the balance a dense community of native trees, shrubs, and groundcover.

C.    Stream-Reach-Based Buffer. The director shall have the authority to administer the stream buffers in the table below as an alternative to the standard buffers above, based on the specific ecological functions provided by the stream segments designated with the specific management measures specified. Boundaries of reaches shall be interpreted in accordance with the criteria in Section 20.06.020. Where alternative buffer dimensions are provided, the lesser dimension shall apply, unless otherwise specified.

Table 21.64.320(C)—Stream-Reach-Based Regulations 

Stream Name

Reach Number

Alternative Buffer Requirements and Management Measures

Goldsborough Creek

Mouth to First Ave. Bridge

1

Subject to restoration/management plan developed at the time of substantial site development, or when bank modification occurs.

Priorities for restoration include:

•    Provide additional complexity in freshwater/saltwater gradients to enable juvenile anadromous fish to more effectively transition to saltwater.

•    Provide additional channel complexity and resting/refuge areas.

•    Provide riparian vegetation and shade for temperature modulation.

Goldsborough Creek

North Side
First Ave. Bridge to 1229 W. Cota Street

 

South Side
First Ave. Bridge to Railroad Bridge

2N and 2S

Minor and major alteration of existing development shall provide an inner buffer of twenty-five feet, or seventy-five percent of the distance to the existing building setback, whichever is greater, and:

•    Enhance existing vegetation for permanent native stands of evergreen and deciduous trees and understory.

•    Fence and sign buffer area.

Provide an outer buffer consisting of the remainder of the setback to existing buildings.

•    Enhance existing vegetation for permanent evergreen or deciduous trees, no understory requirement.

New development or substantial reconstruction.

•    Provide a buffer of fifty feet, or fifty percent of lot depth as measured perpendicular to the stream.

•    Enhance existing vegetation for permanent native stands of evergreen and deciduous trees and understory.

•    Fence and sign buffer area.

Goldsborough Creek

North Side
1229 W. Cota Street to 1515 W. Railroad Ave.

3N

Minor and major alteration of existing development shall provide an inner buffer of twenty-five feet, or seventy-five percent of the distance to the existing building setback, whichever is greater, and:

•    Enhance existing vegetation for permanent native stands of evergreen and deciduous trees and understory.

•    Fence and sign buffer area.

Provide an outer buffer consisting of the remainder of the setback to existing buildings.

•    Enhance existing vegetation for permanent evergreen or deciduous trees, no understory requirement.

New development or substantial reconstruction.

•    Provide a buffer of fifty feet, or fifty percent of lot depth as measured perpendicular to the stream.

•    Enhance existing vegetation for permanent native stands of evergreen and deciduous trees and understory.

•    Fence and sign buffer area.

Goldsborough Creek

North Side
1515 W. Railroad Ave. to 2009 W. Railroad Ave.

4N

Minor and major alteration of existing development shall provide an inner buffer of fifty feet, or seventy-five percent of the distance to the existing building setback, whichever is greater, and:

•    Enhance existing vegetation for permanent native stands of evergreen and deciduous trees and understory.

•    Fence and sign buffer area.

Provide an outer buffer consisting of the remainder of the setback to existing buildings.

•    Enhance existing vegetation for permanent evergreen or deciduous trees, no understory requirement.

New development or substantial reconstruction.

•    Provide a buffer of one hundred feet, or fifty percent of lot depth as measured perpendicular to the stream.

•    Enhance existing vegetation for permanent native stands of evergreen and deciduous trees and understory.

•    Fence and sign buffer area.

Goldsborough Creek

North Side
2009 W. Railroad Ave. to Shelton-Matlock Road Bridge

5N

Minor and major alteration of existing development shall provide an inner buffer of twenty-five feet, or seventy-five percent of the distance to the existing building setback, whichever is greater, and:

•    Enhance existing vegetation for permanent native stands of evergreen and deciduous trees and understory.

•    Fence and sign buffer area.

Provide an outer buffer consisting of the remainder of the setback to existing buildings.

•    Enhance existing vegetation for permanent evergreen or deciduous trees, no understory requirement.

New development or substantial reconstruction.

•    Provide a buffer of fifty feet, or fifty percent of lot depth as measured perpendicular to the stream.

•    Enhance existing vegetation for permanent native stands of evergreen and deciduous trees and understory.

•    Fence and sign buffer area.

Goldsborough Creek

South Side
Railroad Bridge to Mobile Home Park

3S

Provide buffer of one hundred fifty feet or fifty feet beyond the top of thirty-five percent slope.

Comply with all other standards.

Goldsborough Creek

South Side
Mobile Home Park

4S

Minor or major alteration of existing development provide an inner buffer of fifty feet, or seventy-five percent of the distance to existing mobile home building setback and:

•    Enhance existing vegetation for permanent native stands of evergreen and deciduous trees and understory.

•    Fence and sign buffer area.

Provide an outer buffer consisting of the remainder of the setback to existing mobile homes buildings.

•    Enhance existing vegetation for permanent evergreen or deciduous trees, no understory requirement.

New development or substantial reconstruction.

•    Buffer one hundred fifty feet, or fifty percent of lot depth.

•    Enhance existing vegetation for permanent native stands of evergreen and deciduous trees and understory.

•    Fence and sign buffer area.

•    Comply with all other standards.

Goldsborough Creek

South Side
Mobile Home Park to Shelton-Matlock Road Bridge

5S

One hundred fifty feet or fifty feet beyond the top of thirty-five percent slope.

Comply with all other standards.

Goldsborough Creek

Both Sides
Shelton-Matlock Road Bridge to SR 101

6

Minor alteration of existing development provide an inner buffer of fifty feet, or seventy-five percent of the distance to existing buildings and:

•    Enhance existing vegetation for permanent native stands of evergreen and deciduous trees and understory.

•    Fence and sign buffer area.

Provide an outer buffer consisting of the remainder of the setback to existing buildings.

•    Enhance existing vegetation for permanent evergreen or deciduous trees, no understory requirement.

Major alteration of existing development shall provide the same standards as minor alteration with the requirement that accessory buildings or existing impervious surface shall be removed with the inner buffer of fifty feet, or seventy-five percent of the existing setback to the primary building.

New development or substantial reconstruction shall provide:

•    Buffer one hundred fifty feet, or fifty percent of lot depth as measured perpendicular to the stream.

•    Enhance existing vegetation for permanent native stands of evergreen and deciduous trees and understory.

•    Fence and sign buffer area.

•    Comply with all other standards.

Goldsborough Creek

North Side
SR 101 to UGA Boundary

7N

•    Maintain buffer to existing railroad.

•    Enhance existing vegetation for permanent native stands of evergreen and deciduous trees and understory.

•    Fence and sign buffer area.

Goldsborough Creek

South Side
SR 101 to UGA Boundary

7S

Minor alteration of existing development provide an inner buffer of one hundred fifty feet or seventy-five percent of the existing building setback, whichever is less, and:

•    Enhance existing vegetation for permanent native stands of evergreen and deciduous trees and understory.

•    Fence and sign buffer area.

Provide an outer buffer consisting of the remainder of the setback to existing buildings if less than one hundred fifty feet.

•    Enhance existing vegetation for permanent evergreen or deciduous trees, no understory requirement.

Major alteration of existing development shall provide the same standards as minor alteration with the requirement that accessory buildings or existing impervious surface shall be removed with the inner buffer of one hundred fifty feet, or seventy-five percent of the existing setback to the primary building.

New development or substantial reconstruction shall provide:

•    Buffer one hundred fifty feet, or fifty percent of lot depth as measured perpendicular to the stream.

•    Enhance existing vegetation for permanent native stands of evergreen and deciduous trees and understory.

•    Fence and sign buffer area.

•    Comply with all other standards.

Coffee Creek

Mouth to SR 101

1

Minor alteration of existing development provide an inner buffer of fifty feet or seventy-five percent of the existing building setback, whichever is greater, and:

•    Enhance existing vegetation for permanent native stands of evergreen and deciduous trees and understory.

•    Fence and sign buffer area.

Provide an outer buffer consisting of the remainder of the setback to existing buildings if less than fifty feet.

•    Enhance existing vegetation for permanent evergreen or deciduous trees, no understory requirement.

Major alteration of existing development shall provide the same standards as minor alteration with the requirement that accessory buildings or existing impervious surface shall be removed with the inner buffer of fifty feet, or seventy-five percent of the existing setback to the primary building, whichever is less.

New development or substantial reconstruction shall provide:

•    Buffer one hundred feet, or fifty percent of lot depth as measured perpendicular to the stream.

•    Enhance existing vegetation for permanent native stands of evergreen and deciduous trees and understory.

•    Fence and sign buffer area.

•    Comply with all other standards.

Coffee Creek

SR 101 to UGA Boundary

2

Minor alteration of existing development provide an inner buffer of one hundred feet or seventy-five percent of the existing building setback, whichever is greater, and:

•    Enhance existing vegetation for permanent native stands of evergreen and deciduous trees and understory.

•    Fence and sign buffer area.

Provide an outer buffer consisting of the remainder of the setback to existing buildings if less than one hundred feet.

•    Enhance existing vegetation for permanent evergreen or deciduous trees, no understory requirement.

Major alteration of existing development shall provide the same standards as minor alteration with the requirement that accessory buildings or existing impervious surface shall be removed with the inner buffer of one hundred feet, or seventy-five percent of the existing setback to the primary building, whichever is less.

New development or substantial reconstruction shall provide:

•    Buffer one hundred fifty feet, or fifty percent of lot depth as measured perpendicular to the stream.

•    Enhance existing vegetation for permanent native stands of evergreen and deciduous trees and understory.

•    Fence and sign buffer area.

•    Comply with all other standards.

Shelton Creek

North Side
Mouth to Front Street Bridge

1N

Maintain existing buffer and vegetation to railroad.

Shelton Creek

South Side
Mouth to Front Street Bridge

1S

Subject to restoration/management plan developed at the time of substantial reconstruction, or when bank modification occurs.

•    Provide additional complexity in freshwater/saltwater gradients to enable juvenile anadromous fish to more effectively transition to saltwater.

•    Provide additional channel complexity and resting/refuge areas.

•    Provide riparian vegetation and shade for temperature modulation.

As an alternative to on-site mitigation, off-site mitigation may be considered subject to the criteria in Section 21.64.087 and 21.64.370, provided equal or better ecologic functions for the Shelton Harbor ecosystem are provided.

Shelton Creek

Front Street Bridge to 7th Street Diversion

2

Minor or major alteration or new development or substantial reconstruction, where there is an existing open channel provide an inner buffer of fifteen feet, or seventy-five percent of the distance to the existing building.

•    Enhance existing vegetation for permanent native stands of evergreen and deciduous trees and understory.

•    Fence and sign buffer area.

Provide an outer buffer consisting of the remainder of setback to existing buildings.

•    Enhance existing vegetation for permanent evergreen or deciduous trees, no understory requirement.

Shelton Creek

7th Street Diversion to North 13th Street

3

Minor or major alteration of existing development.

•    Provide a buffer of one hundred feet or fifty feet beyond the top of the thirty-five percent slope, or fifty percent of distance between top-of-slope slope and the existing building setback.

•    Enhance existing vegetation for permanent native stands of evergreen and deciduous trees and understory.

•    Fence and sign buffer area.

New development or substantial reconstruction.

Substantial redevelopment.

•    Provide a buffer of one hundred feet or fifty feet beyond the top of the thirty-five percent slope.

•    Enhance existing vegetation for permanent native stands of evergreen and deciduous trees and understory.

•    Fence and sign buffer area.

•    Comply with all other standards.

Shelton Creek

North 13th Street to
E. Island Lake Road

4

•    Fifty-foot standard buffer.

•    Comply with all other standards.

Shelton Creek

E. Island Lake Road to Island Lake

5

Minor and major alteration of existing development shall provide an inner buffer of twenty-five feet, or seventy-five percent of the distance to the existing building setback, whichever is greater, and:

•    Enhance existing vegetation for permanent native stands of evergreen and deciduous trees and understory.

•    Fence and sign buffer area.

Provide an outer buffer consisting of the remainder of the setback to existing buildings.

•    Enhance existing vegetation for permanent evergreen or deciduous trees, no understory requirement.

New development or substantial reconstruction.

•    Provide a buffer of fifty feet, or twenty-five percent of lot width as measured perpendicular to the stream.

•    Enhance existing vegetation for permanent native stands of evergreen and deciduous trees and understory.

•    Fence and sign buffer area.

Canyon Creek

Shelton Creek to Headwaters

1

Minor or major alteration or new development or substantial reconstruction, where there is an existing open channel provide an inner buffer of fifteen feet, or seventy-five percent of the distance to the existing building.

•    Enhance existing vegetation for permanent native stands of evergreen and deciduous trees and understory.

•    Fence and sign buffer area.

Provide an outer buffer consisting of the remainder of setback to existing buildings.

•    Enhance existing vegetation for permanent evergreen or deciduous trees, no understory requirement.

Canyon Creek

Northcliff Road to Headwaters

2

Minor or major alteration, where there is an existing open channel provide:

•    A buffer area of one hundred feet, or seventy-five percent of the distance to existing buildings.

•    Enhance existing vegetation for permanent native stands of evergreen and deciduous trees and understory.

•    Fence and sign buffer area.

New development or substantial reconstruction shall provide:

•    A buffer area of one hundred feet, or fifty percent of the lot depth as measured perpendicular to the stream.

•    Enhance existing vegetation for permanent native stands of evergreen and deciduous trees and understory.

•    Fence and sign buffer area.

•    Comply with all other standards.

Shelton Creek

West Tributary

Shelton Creek to Northcliff Road

1

Minor or major alteration or new development or substantial reconstruction, where there is an existing open channel provide an inner buffer of fifteen feet, or seventy-five percent of the distance to the existing building.

•    Enhance existing vegetation for permanent native stands of evergreen and deciduous trees and understory.

•    Fence and sign buffer area.

Provide an outer buffer consisting of the remainder of setback to existing buildings.

•    Enhance existing vegetation for permanent evergreen or deciduous trees, no understory requirement.

Pioneer Way Creek

Mouth to Olympic Highway South

1

Minor or major alteration, open channel portions.

•    Maintain existing vegetated area, or fifty percent of building setback, whichever is greater.

•    Enhance existing vegetation for permanent native stands of evergreen and deciduous trees and understory.

•    Fence and sign buffer area.

New development or substantial reconstruction.

•    Consider restoring an open channel on a case-by-case basis.

•    Where open channel exists, or is provided, provide buffer of fifty feet or minimum twenty-five feet beyond the top of thirty-five percent slope.

•    Enhance existing vegetation for permanent native stands of evergreen and deciduous trees and understory.

•    Fence and sign buffer area.

•    Comply with all other standards.

Pioneer Way Creek

Olympic Highway South to Headwaters

2

Minor or major alteration, open channel.

•    Maintain existing vegetated area, or fifty percent of existing building setback, whichever is greater.

•    Enhance existing vegetation for permanent native stands of evergreen and deciduous trees and understory.

•    Fence and sign buffer area.

New development or substantial reconstruction.

•    Provide buffer of fifty feet or fifty feet beyond the top of thirty-five percent slope.

•    Enhance existing vegetation for permanent native stands of evergreen and deciduous trees and understory.

•    Fence and sign buffer area.

•    Comply with all other standards.

Kineo Avenue Creek

South to Headwaters

1

•    Minor or major alteration, or new development or substantial reconstruction where an open channel is present:

•    Maintain existing vegetated area, or provide buffer of fifty feet or fifty feet beyond the top of thirty-five percent slope or fifty percent of existing building setback, whichever is greater.

•    Enhance existing vegetation for permanent native stands of evergreen and deciduous trees and understory.

•    Fence and sign buffer area.

Johns Creek

UGA Upstream to Oak Park Plat

1

•    Standard one-hundred-fifty-foot buffer or fifty feet beyond the top of thirty-five percent slope.

•    Nonconforming provisions apply to existing small lots.

•    Require low impact development standards for new development.

Johns Creek

Oak Park Plat

2

Maintain existing stream open space tract.

Johns Creek

Oak Park Plat to UGA Boundary

3

•    Apply exceptional two-hundred-foot buffer or fifty feet beyond the top of thirty-five percent slope.

•    Wetland buffers will be wider in many cases.

•    Nonconforming provisions apply to existing small lots.

•    Require low impact development standards for new development.

Mill Creek

US 101 to SR 3

1

•    Apply standard one-hundred-fifty-foot buffer.

•    Require low impact development standards for new development.

Mill Creek

SR 3 to UGA Boundary

2

•    Apply standard one-hundred-fifty-foot buffer.

•    Require low impact development standards for new development.

•    Require development of portions of parcels south of the creek to gain access from the south rather than crossing the stream.

Island Lake

1

Minor or major alteration of existing development.

Inner buffer of twenty-five feet, or seventy-five percent of existing building setback.

•    Enhance existing vegetation for permanent native stands of evergreen and deciduous trees and understory.

•    Fence and sign buffer area.

Outer buffer remainder of setback to buildings.

•    Enhance existing vegetation for permanent evergreen or deciduous trees, no understory requirement.

New development or substantial reconstruction.

Buffer of one hundred fifty feet, or in accordance with provisions for nonconforming lots.

Goose Lake

1

No development until a MTCA plan is approved, at that time, or at the time of a specific development permit, the city will determine buffer and other management requirements.

Oakland Bay Shoreline

Eagle Point

UGA Limits to Manke Log Loading Facility

Marine 1

Preserve full one-hundred-fifty-foot buffer.

Human uses at the water/upland interface are prohibited except water dependent utilities such as sewage and stormwater outfalls; provided, that all impacts are mitigated to result in no net loss of ecological productivity.

Oakland Bay Shoreline

Manke Log Loading Facility to Simpson Timber Site Boundary

Marine 2

Subject to restoration/management plan developed at the time of substantial reconstruction, or when bank modification occurs, for areas not serving water dependent uses that require a direct water interface.

Priorities for restoration include:

•    Provide for enhanced edge habitat at upland/marine water interface. Displacement of mudflats for features such as beach area may be approved if the resulting features are structurally functional and result in an increase in ecological productivity. Enhanced edge must restore more natural function through grade, substrate, and native upland vegetation that provides shading and other functions for the edge environment.

•    At the time of major redevelopment, the piped freshwater stream discharging at the head of the inlet shall be opened and reconfigured to provide saltwater marsh habitat, complexity in freshwater/saltwater gradients, channel complexity for anadromous fish resting/refuge areas and riparian vegetation and shade for temperature modulation.

As an alternative to on-site mitigation, off-site mitigation may be considered subject to the criteria in Section 21.64.087 and 21.64.370, provided equal or better ecologic functions for the Shelton Harbor ecosystem are provided.

Oakland Bay Shoreline

Simpson Timber Site Boundary to Goldsborough Creek

Marine 3

Subject to restoration/management plan developed at the time of substantial reconstruction, or when bank modification occurs, for areas not serving water dependent uses that require a direct water interface.

Priorities for restoration include:

•    Provide for enhanced edge habitat at upland/marine water interface. Displacement of mudflats for features such as beach area may be approved if the resulting features are structurally functional and result in an increase in ecological productivity. Enhanced edge must restore more natural function through grade, substrate, and native upland vegetation that provides shading and other functions for the edge environment.

•    Provision of areas with additional freshwater/saltwater gradients where freshwater sources are present through piped streams or stormwater runoff.

As an alternative to on-site mitigation, off-site mitigation may be considered subject to the criteria in Section 21.64.087 and 21.64.370, provided equal or better ecologic functions for the Shelton Harbor ecosystem are provided.

Oakland Bay Shoreline

Simpson Timber Site
Goldsborough Creek to Shelton Creek

Marine 4

Subject to restoration/management plan developed at the time of substantial reconstruction, or when bank modification occurs, for areas not serving water dependent uses that require a direct water interface.

Priorities for restoration include:

•    Provide for enhanced edge habitat at upland/marine water interface. Displacement of mudflats for features such as beach area may be approved if the resulting features are structurally functional and result in an increase in ecological productivity. Enhanced edge must restore more natural function through grade, substrate, and native upland vegetation that provides shading and other functions for the edge environment.

•    Provision of areas with additional freshwater/saltwater gradients where freshwater sources are present through piped streams or stormwater runoff.

As an alternative to on-site mitigation, off-site mitigation may be considered subject to the criteria in Section 21.64.087 and 21.64.370, provided equal or better ecologic functions for the Shelton Harbor ecosystem are provided.

Oakland Bay Shoreline

Shelton Creek Mouth to Simpson Log Loading Facility

Marine 5

On north side, maintain existing buffer and vegetation to railroad.

Both sides, where fronted by existing development, subject to restoration/management plan developed at the time of substantial reconstruction, or when bank modification occurs, for areas not serving water dependent uses that require a direct water interface.

Priorities for restoration include:

•    Provide additional complexity in freshwater/saltwater gradients.

•    Provide channel complexity and resting/refuge areas.

•    Provide riparian vegetation and shade for temperature modulation.

•    Provide for enhanced edge habitat through natural beach character at upland/marine water interface. Displacement of mudflats for functional features such as beach area may be approved if the resulting features are structurally functional and result in an increase in ecological productivity. Enhanced edge beaches must achieve more natural function through grade, substrate, and native upland vegetation that provides shading and other functions for the edge environment.

As an alternative to on-site mitigation, off-site mitigation may be considered subject to the criteria in Section 21.64.087 and 21.64.370, provided equal or better ecologic functions for the Shelton Harbor ecosystem are provided.

Oakland Bay Shoreline

Simpson Log Loading Facility to Pine Street Ramp

Marine 6

Subject to restoration/management plan developed at the time of substantial reconstruction, or when bank modification occurs, for areas not serving water dependent uses that require a direct water interface.

Priorities for restoration include:

•    Provide for enhanced edge habitat at upland/marine water interface. Displacement of mudflats for features such as beach area may be approved if the resulting features are structurally functional and result in an increase in ecological productivity. Enhanced edge must restore more natural function through grade, substrate, and native upland vegetation that provides shading and other functions for the edge environment.

•    Provision of areas with additional freshwater/saltwater gradients where freshwater sources are present through piped streams or stormwater runoff.

As an alternative to on-site mitigation, off-site mitigation may be considered subject to the criteria in Section 21.64.087 and 21.64.370, provided equal or better ecologic functions for the Shelton Harbor ecosystem are provided.

Oakland Bay Shoreline

Pine Street Ramp to UGA Boundary

Marine 7

Subject to restoration/management plan developed at the time of substantial reconstruction, or when bank modification occurs, for areas not serving water dependent uses that require a direct water interface.

Priorities for restoration include:

•    Provide for enhanced edge habitat at upland/marine water interface. Displacement of mudflats for features such as beach area may be approved if the resulting features are structurally functional and result in an increase in ecological productivity. Enhanced edge must restore more natural function through grade, substrate, and native upland vegetation that provides shading and other functions for the edge environment.

•    Provision of areas with additional freshwater/saltwater gradients where freshwater sources are present through piped streams or stormwater runoff.

Dock and marina facilities subject to standard in Section 21.64.330 and shoreline master program.

As an alternative to on-site mitigation, off-site mitigation may be considered subject to the criteria in Sections 21.64.087 and 21.64.370, provided equal or better ecologic functions for the Shelton Harbor ecosystem are provided.

D.    Buffer Measurement. The buffer shall be measured landward horizontally on both sides of the water body from the ordinary high water mark as identified in the field perpendicular to the alignment of the stream or lake/pond bank. The required buffer shall be extended to include any adjacent regulated wetland(s), landslide hazard areas and/or erosion hazard areas and required buffers, but shall not be extended across roads or other lawfully established structures or hardened surfaces that are functionally and effectively disconnected from the stream. Where lands adjacent to a stream display an average continuous slope of twenty percent to thirty-five percent and the required buffer is less than one hundred feet, the buffer shall extend to a thirty percent greater dimension. In all cases, where slopes within the required buffer exceed thirty-five percent, the buffer shall extend to a minimum dimension of twenty-five feet from the top of said slopes, or if a buffer associated with a geological hazard is present, to whichever extent is greater.

E.    Buffers in conjunction with other critical areas. Where other critical areas defined in this chapter fall within the water body buffer, the buffer area shall be the most expansive of the buffers applicable to any applicable critical area. (Ord. 1689-1206 § 1 (part), 2007)

21.64.325 Fish and wildlife habitat conservation areas—Water bodies—Buffer averaging.

The director shall have the authority to average standard stream buffer widths on a case-by-case basis when the applicant demonstrates to the satisfaction of the director that all the following criteria are met. Stream buffer averaging shall not be allowed if the performance-based stream buffers are implemented pursuant to Section 21.64.320(C).

A.    Averaging to improve wetland protection may be permitted when all of the following conditions are met as demonstrated by an assessment study pursuant to Sections 21.64.082 and 21.64.360:

1.    The water body or buffer area has significant differences in characteristics that affect its habitat functions;

2.    The buffer is increased adjacent to the higher-functioning area of habitat or more sensitive portion of the water body and decreased adjacent to the lower-functioning or less sensitive portion;

3.    The buffer averaging does not reduce the functions or values of the stream or riparian habitat, or the buffer averaging, in conjunction with vegetation enhancement, increases the habitat function;

4.    The total area of the buffer after averaging is equal to the area required without averaging and all increases in buffer dimension for averaging are generally parallel to the wetland edge;

5.    The buffer at its narrowest point is never less than three-quarters of the required width;

6.    The slopes adjacent to the stream within the buffer area are stable and the gradient does not exceed thirty percent.

B.    Averaging to allow reasonable use of a parcel may be permitted when all of the following are met as demonstrated by an assessment study pursuant to Sections 21.64.082 and 21.64.360:

1.    There are no feasible alternatives to the site design that could be accomplished without buffer averaging;

2.    The buffer averaging does not reduce the functions or values of the stream or riparian habitat, or the buffer averaging, in conjunction with vegetation enhancement, increases the habitat function;

3.    The total area of the buffer after averaging is equal to the area required without averaging and all increases in buffer dimension for averaging are generally parallel to the wetland edge;

4.    The buffer at its narrowest point is never less than three-quarters of the required width except where the director finds that there is an existing feature such as a roadway that limits buffer dimension, or an essential element of a proposed development such as access that must be accommodated for reasonable use and requires a smaller buffer.

C.    The applicant implements all reasonable measures to reduce the adverse effects of adjacent land uses and ensure no net loss of functions and values in conjunction with a critical area mitigation study. The specific measures that shall be implemented include but are not limited to those in Section 21.64.380. (Ord. 1689-1206 § 1 (part), 2007)

21.64.326 Fish and wildlife habitat conservation areas—Water bodies—Buffer increase.

The director shall have the authority to increase the width of a stream buffer on a case-by-case basis when such increase is necessary to achieve any of the following:

A.    Protect fish and wildlife habitat, maintain water quality, ensure adequate flow conveyance; provide adequate recruitment for large woody debris, maintain adequate stream temperatures, or maintain in-stream conditions.

B.    Compensate for degraded vegetation communities or steep slopes adjacent to the stream.

C.    Maintain areas for channel migration.

D.    Protect adjacent or downstream areas from erosion, landslides, or other hazards. (Ord. 1689-1206 § 1 (part), 2007)

21.64.330 Fish and wildlife habitat conservation areas—Water bodies—Allowed uses.

The following activities or uses may be permitted in streams and/or their buffers when all reasonable measures have been taken to avoid adverse effects on species and habitats, the amount and degree of the alteration are limited to the minimum needed to accomplish the project purpose, and compensatory mitigation is provided for all adverse impacts that cannot be avoided.

A.    Restoration of streams previously piped or channeled into a new or relocation streambed when part of a restoration plan that will result in equal or better habitat and water quality and quantity, and that will not diminish the flow capacity of the stream or other natural stream processes; provided, that the relocation has a state hydraulic project approval and all other applicable permits.

B.    Road, trail, bridge, and right-of-way crossings, provided they meet the following criteria:

1.    There is no other feasible alternative route with less impact on critical areas.

2.    The crossing minimizes interruption of natural processes such as the downstream movement of wood and gravel and the movement of all fish and wildlife. Bridges are preferred for all stream crossings and should be designed to maintain the existing stream gradient and substrate, provide adequate horizontal clearance on each side of the ordinary high water mark and adequate vertical clearance above ordinary high water mark for animal passage. If a bridge crossing is not feasible, culverts shall be designed according to applicable state and federal guidance criteria for fish passage as identified in Fish Passage Design at Road Culverts, WDFW March 1999, and/or the National Marine Fisheries Service Guidelines for Salmonid Passage at Stream Crossings, 2000 (and subsequent revisions), and in accordance with a state hydraulic project approval. The applicant or property owner shall maintain fish passage through bridge or culvert.

3.    The city may require that existing culverts be removed, repaired, or modified as a condition of approval if the culvert is detrimental to fish habitat or water quality, and a feasible alternative exists.

4.    Crossings shall be limited to the minimum width necessary. Common crossings are the preferred approach where multiple properties can be accessed by one crossing.

5.    Access to private development sites may be permitted to cross streams, if there are no feasible alternative alignments. Alternative access shall be pursued to the maximum extent feasible, including through the provisions of Chapter 8.24 RCW. Exceptions or deviations from technical standards for width or other dimensions, and specific construction standards to minimize impacts may be specified, including placement on elevated structures as an alternative to fill, if feasible.

C.    Outdoor recreational or educational activities which do not significantly affect the function of the water body or regulated buffer (including wildlife management or viewing structures, outdoor scientific or interpretive facilities, trails, hunting blinds, etc.) and meet the following criteria:

1.    Trails shall not exceed four feet in width and shall be surfaced with gravel or pervious material, including boardwalk.

2.    The trail or facility shall be located in the outer fifty percent of the buffer area unless a location closer to the water body edge is required for interpretive purposes.

3.    The trail or facility shall be constructed and maintained in manner that minimizes disturbance of the water body or buffer.

D.    Utility lines and facilities providing local delivery service, not including facilities such as electrical substations, water and sewage pumping stations, water storage tanks, petroleum products pipelines and transformers or other facilities containing hazardous substances, may cross water bodies or be located in buffers, if the following criteria are met:

1.    There is no reasonable location or route that does not cross the water body or outside the buffer based on analysis of system needs, available technology and alternative routes. Location within a buffer shall be preferred over a location within a water body. Crossings shall be contained within the footprint of an existing road or utility crossing where possible.

2.    Impacts to fish and wildlife habitat shall be avoided to the maximum extent possible and mitigated when avoidance is not feasible.

3.    Utilities that cross water bodies shall be as close to perpendicular to the channel as possible to minimize disturbance. Boring under the water body may be required.

4.    If not a crossing, the utility line shall be located as far from the water body as possible.

5.    The utility installation shall maintain the existing stream gradient and substrate.

6.    Clearing, grading, and excavation activities shall be limited to the minimum necessary to install the utility line, and the area is restored following utility installation.

E.    Stormwater conveyance or discharge facilities such as infiltration systems dispersion trenches, level spreaders, and outfalls may be permitted in a fish and wildlife habitat conservation area buffer on a case-by-case basis when all of the following are met:

1.    Due to topographic or other physical constraints there are no feasible locations for these facilities outside the buffer.

2.    The discharge is located as far from the ordinary high water mark as possible and in a manner that minimizes disturbance of soils and vegetation.

3.    The discharge outlet is in an appropriate location and is designed to prevent erosion and promote infiltration.

4.    The discharge meets stormwater flow and water quality standard as provided in the 2005 Ecology Stormwater Manual for Western Washington, or the equivalent.

F.    Stream bank stabilization, shoreline protection, and public or private launching ramps may be permitted subject to all of the following standards:

1.    Natural shoreline processes will be maintained to the maximum extent practicable. The activity will not result in increased erosion and will not alter the size or distribution of shoreline or stream substrate, or eliminate or reduce sediment supply from feeder bluffs;

2.    Adverse impact to fish or wildlife habitat conservation areas, specifically juvenile and adult fish migration corridors, or associated wetlands will be mitigated;

3.    Nonstructural measures, such as placing or relocating the development further from the shoreline, planting vegetation, or installing on-site drainage improvements, are not feasible or not sufficient;

4.    Stabilization is achieved through bioengineering or soft armoring techniques in accordance with an applicable hydraulic project approval is issued by the Washington Department of Fish and Wildlife;

5.    Hard bank armoring may occur only when the property contains an existing permanent structure(s) that is in danger from shoreline erosion caused by riverine processes and not erosion caused by upland conditions, such as the alteration of natural vegetation or drainage, and the armoring shall not increase erosion on adjacent properties and shall not eliminate or reduce sediment supply.

G.    New public flood protection measures and expansion of existing measures may be permitted; provided, that bioengineering or soft armoring techniques shall be used where feasible. Hard bank armoring may occur only in situations where soft approaches do not provide adequate protection, and shall be subject to requirement of the shoreline master program, where applicable, hydraulic project approval and other permits.

H.    New docks shall be permitted only for public access, as an accessory to water-dependent uses or associated with a single-family residence; provided, that it is designed and used only as a facility for access to watercraft.

1.    To limit the effects on ecological functions, the number of docks should be limited and new subdivisions should employ shared moorage whenever feasible. Docks on shorelines of the state must comply with policies and regulations of the city of Shelton shoreline master program.

2.    Docks shall be located and designed to minimize adverse effects on ecological processes through location where they will interfere with fluvial and limnal processes including gradient and substrate; recruitment of woody debris; and fish habitat, including that related to anadromous fish.

3.    Docks shall minimize reduction in ambient light level by limiting width to the minimum necessary and shall not exceed four feet in width, except where specific information on use patterns justifies a greater width. Materials that will allow light to pass through the deck may be required including grating on walkways or gangplanks in nearshore areas.

4.    Approaches shall utilize piers or other structures to span the entire upper foreshore to the point of intersection with stable upland soils and shall be designed to avoid interfering with stream processes.

5.    Pile spacing shall be the maximum feasible to minimize shading and avoid a wall effect that would block or baffle currents, sediment movement or movement of aquatic life forms, or result in structure damage from driftwood impact or entrapment.

6.    Docks should be constructed of materials that will not adversely affect water quality or aquatic plants and animals in the long term.

I.    Launch ramps may be permitted for access to the water for the public or for residents of a development or for water dependent use subject to the following criteria:

1.    Launch ramps shall be located and designed to minimize adverse effects on fluvial and limnal processes including stream gradient and substrate; recruitment of woody debris; and fish habitat, including that related to anadromous fish.

2.    Ramps shall be placed and maintained near flush with the bank slope. Preferred ramp designs, in order of priority, are:

a.    Open grid designs with minimum coverage of beach substrate;

b.    Seasonal ramps that can be removed and stored upland;

c.    Structures with segmented pads and flexible connections that leave space for natural beach substrate and can adapt to changes in beach profile.

J.    In-stream structures, such as, but not limited to, high flow bypasses, dams, and weirs, other than those regulated exclusively by the Federal Energy Regulatory Commission (FERC) shall be permitted only when the multiple public benefits are provided and ecological impacts are fully mitigated. Dams on shorelines of the state shall be regulated in accordance with the shoreline master program. Dams on other streams shall require a special use permit as provided by Chapter 20.46.

1.    In-stream facilities locations shall avoid areas of high habitat value for aquatic organisms, specifically anadromous fish.

2.    In-stream facilities shall be designed to produce the least feasible effect on fluvial processes and shall minimize change in gradient.

3     In-stream facilities shall provide mitigation of all impacts on aquatic species and habitat.

4.    In-stream facilities shall provide fish passage, in accordance with Chapter 77.57 RCW.

5.    A construction bond for one hundred fifty percent of the cost of the structure and all mitigation measures shall be filed prior to construction and a maintenance agreement shall specify responsibility for maintenance, shall incorporate the maintenance schedule specified by the design engineer, shall require annual inspections by a civil engineer licensed in the state of Washington and shall stipulate abandonment procedures which shall include, where appropriate, provisions for site restoration.

K.    Facilities permitted as shoreline dependent or shoreline oriented uses in accordance with the city shoreline master program may be located in water bodies and buffers; provided, that only those facilities that are water dependent or water oriented and facilities for necessary access may be located in water bodies and buffers; and provided, that the facility is located, designed, constructed and operated to minimize and, where possible, avoid critical area disturbance to the maximum extent feasible.

L.    Clearing and grading, when allowed as part of an authorized use or activity or as otherwise allowed in these standards, may be permitted; provided, that the following shall apply:

1.    Grading is allowed only during the designated dry season, which is typically regarded as May 1st to October 1st of each year; provided, that the city may extend or shorten the designated dry season on a case-by-case basis, based on actual weather conditions.

2.    Appropriate erosion and sediment control measures shall be used at all times. The soil duff layer shall remain undisturbed to the maximum extent possible. Where feasible, disturbed topsoil shall be redistributed to other areas of the site.

3.    The moisture-holding capacity of the topsoil layer shall be maintained by minimizing soil compaction or reestablishing natural soil structure and infiltrative capacity on all areas of the project area not covered by impervious surfaces. (Ord. 1689-1206 § 1 (part), 2007)

21.64.340 Other fish and wildlife habitat conservation areas.

A.    Definition and Buffers. Protection standards for fish and wildlife habitat conservation areas other than streams and lakes are as provided in the table below:

Fish and Wildlife Habitat Conservation Area

Buffer Requirement

Areas with which federally listed threatened or endangered species have a primary association.

State priority habitats and areas with which priority species have a primary association.

A “primary association” means a critical component(s) of the habitats of a species, which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term.

Buffers shall be based on recommendations provided by the Washington Department of Fish and Wildlife PHS Program; provided, that where no such recommendations are available, the buffer width shall be determined based on published literature concerning the species/habitat(s) in question and/or the opinions and recommendations of qualified professional with appropriate expertise.

Natural area preserves and natural resource conservation areas

Buffers shall be based on recommendations provided by site managers; provided, that the management strategies are considered effective and within the scope of this chapter.

Locally important habitat areas

The need for and dimensions of buffers for locally important species or habitats shall be determined on a case-by-case basis, according to the needs of specific species or habitat area of concern. The director shall coordinate with the Washington Department of Fish and Wildlife and other state, federal or tribal experts in these instances, and shall use WDFW PHS management recommendations when available.

B.    Alterations that occur within a locally important habitat area or that may affect a locally important species as defined herein shall be subject to review on a case-by-case basis. The director shall have the authority to require an assessment of the effects of the alteration on species or habitats and may require mitigation to ensure that adverse effects do not occur. This standard is intended to allow for flexibility and responsiveness with regard to locally important species and habitats. (Ord. 1689-1206 § 1 (part), 2007)

21.64.360 Fish and wildlife habitat conservation areas—Review and reporting requirements.

A.    When city critical area maps or Washington Department of Fish and Wildlife priority species and habitat information or other sources of credible information indicate that a site proposed for development or alteration is more likely than not to contain fish and wildlife habitat conservation areas or be within the buffer of a fish and wildlife habitat conservation area, the director shall require a site evaluation (field investigation) by a qualified professional or other measures to determine whether or not the species or habitat is present and if so, its relative location in relation to the proposed project area or site. If no fish and wildlife habitat conservation areas are present, then review will be considered complete. If the site evaluation determines that the species or habitat is present, the director may require a critical areas assessment report.

B.    The director may waive the report requirement for a single-family development that involves less than two thousand square feet of clearing and/or vegetation removal and will not directly disturb the designated stream or pond buffer area, designated species, or specific areas or habitat features that comprise the fish and wildlife habitat conservation area (nest trees, breeding sites, etc.) as indicated by a site plan or scaled drawing of the proposed development, except in the case of bald eagle habitat.

C.    The critical areas report shall describe the characteristics of the subject property and adjacent areas. The assessment shall include the following:

1.    Existing physical features of the site including buildings, fences, and other structures, roads, parking lots, utilities, water bodies, etc.;

2.    Determination of the resource category and standard buffers;

3.    Identification of critical areas and buffers within three hundred feet of the site and an estimate of the existing approximate acreage for each. The assessment of off-site resources shall be based on available information and shall not require accessing off-site properties if permission of the property owner cannot be obtained;

4.    Proposed development activity;

5.    A detailed description of the effects of the proposed development on ecological functions and buffer function and value, including the area of direct disturbance; area of buffer reduction or averaging including documentation that functions and values will not be adversely affected by the reduction or averaging; effects of stormwater management; proposed hydrologic alteration including changes to natural drainage or infiltration patterns; effects on fish and wildlife species and their habitats; clearing and grading impacts; temporary construction impacts; and effects of increased noise, light or human intrusion;

6.    Provisions to reduce or eliminate adverse impacts of the proposed development activities including, but not limited to:

a.    Clustering and buffering of development;

b.    Retention of native vegetation;

c.    Access limitations, including fencing;

d.    Seasonal restrictions on construction activities in accordance with the guidelines developed by the Washington Department of Fish and Wildlife, the U.S. Army Corps of Engineers, the salmonid recovery plan and/or other agency or tribe with expertise and jurisdiction over the subject species/habitat;

e.    Methods to reduce proximity impacts; and

f.    Other appropriate and proven low impact development techniques. (Ord. 1689-1206 § 1 (part), 2007)

21.64.370 Fish and wildlife habitat conservation areas—Mitigation standards.

A.    Activities that adversely affect fish and wildlife habitat conservation areas and/or their buffers should generally be avoided through site design, including clustering. Unavoidable impacts to designated species or habitats shall be compensated for through habitat creation, restoration and/or enhancement to achieve no net loss of habitat functions and values in accordance with the purpose and goals of this chapter.

B.    When compensatory mitigation is required, the applicant shall submit a mitigation plan with sufficient information to demonstrate that the proposed activities are logistically feasible, constructible, ecologically sustainable, and likely to succeed. Specific information to be provided in the plan shall include, but not be limited to:

1.    General description and scaled drawings of the activities proposed including, but not limited to, clearing, grading/excavation, drainage alterations, planting, invasive plant management, installation of habitat structures, irrigation, and other site treatments associated with the development activities and proposed mitigation action(s);

2.    A description of the functions and values that the proposed mitigation area(s) shall provide, together with a description of required and an assessment of factors that may affect the success of the mitigation program; and

3.    A description of known management objectives for the species or habitat.

C.    Required mitigation shall be completed as soon as possible following activities that will disturb fish and wildlife habitat conservation areas and during the appropriate season. Mitigation shall be completed prior to use or occupancy of the activity or development. Construction of mitigation projects shall be timed to reduce impacts to existing wildlife and flora.

D.    The director shall have authority to require monitoring of mitigation activities and submittal of annual monitoring reports to ensure and document that the goals and objectives of the mitigation are met. The frequency and duration of the monitoring shall be based on the specific needs of the project as determined by the director. (Ord. 1689-1206 § 1 (part), 2007)

21.64.380 Fish and wildlife habitat conservation areas—Development standards for adjacent development.

A.    Development standards for adjacent development shall minimize adverse effects on the fish and wildlife habitat conservation areas, including water bodies, and shall include:

1.    Subdivision of land shall assure that each lot has sufficient building area outside conservation areas and buffers. Lots in subdivisions shall be oriented whenever feasible to provide a rear yard of at least twenty feet between the buffer area and buildings.

2.    Fencing shall be provided at the perimeter of residential development to limit domestic animal entry into conservation areas and buffer areas.

3.    Activities that generate noise shall be located as far from the conservation areas and buffers as feasible. Roads, driveways, parking lots, loading areas, mechanical or ventilating equipment shall be located on sides of buildings away from the conservation areas, or separated by noise attenuating walls.

4.    Light penetration into buffer areas and the water body shall be limited by locating areas requiring exterior lighting away from the conservation areas boundary, or limiting light mounting heights to a maximum of four feet. Windows that will be lit at night should be minimized on the side of buildings facing conservation areas and buffers, or screened as provided below in buffer management standards.

B.    Management of surface runoff from adjacent land shall minimize adverse effects on fish and wildlife habitat conservation areas ecological functions and shall include:

1.    Control of surface water peak flow and duration of flow should be maintained at rates typical of native forest cover.

2.    Runoff should be routed to infiltration systems, to the maximum extent feasible, to provide groundwater interflow recharge to water bodies and to limit overland flow and erosion.

3.    Surface or piped stormwater should be routed to existing conveyances or to other areas, wherever hydraulic gradients allow. Where stormwater is routed to water bodies, system design shall assure that erosion and sedimentation will be avoided to the maximum extent feasible.

4.    To prevent channelized flow from lawns and other landscaped areas from entering the buffer, and to prevent washing of fertilizers, herbicides and pesticides into the buffer, if slopes adjacent to the buffer exceed fifteen percent, a ten-foot wide swale to intercept runoff or other effective interception facility approved by the director shall be provided at the edge of the buffer.

5.    Adopt and apply integrated pest management system including limiting use of fertilizers, herbicides and pesticides within twenty-five feet of buffers to water bodies.

C.    In order to maintain effective buffer conditions and functions, a vegetation management plan shall be required for all buffer areas established to include:

1.    Maintaining adequate cover of native vegetation including trees and understory; if existing tree cover is less than a relative density of twenty, planting shall be required consisting of seedlings at a density of three hundred stems per acre or the equivalent;

2.    Provide a dense screen of native evergreen trees at the perimeter of the buffer. If existing vegetation is not sufficient to prevent viewing adjacent development from within the buffer, planting shall be required equivalent to two rows of three-foot high stock of native evergreens at a triangular spacing of fifteen feet or three rows of gallon containers at a triangular spacing of eight feet. Fencing may be required if needed to block headlights or other sources of light or to provide an immediate effective visual screen;

3.    Provide a plan for control of invasive weeds, and remove existing invasive species;

4.    Provide for a monitoring and maintenance plan for a period of at least five years, except this provision may be waived for single-family residential lots. (Ord. 1689-1206 § 1 (part), 2007)