Division III. Natural Resource Lands and Critical Areas

Chapter 16.40
RESOURCE, WILDLIFE AND HAZARD AREA REGULATION FRAMEWORK

Sections:

16.40.010    Short title.

16.40.020    General authority.

16.40.030    Purpose.

16.40.040    Scope.

16.40.050    Undefined words and phases.

16.40.060    Definitions.

16.40.070    General application.

16.40.080    Mapping.

16.40.090    Permitted uses.

16.40.100    Exemptions.

16.40.110    Best management practices.

16.40.120    Variances.

16.40.130    Repealed.

16.40.135    Application and review process for RWHA permit.

16.40.140    Clustering.

16.40.150    Relationship to other regulations.

16.40.160    Bonds and financial guarantees.

16.40.170    Repealed.

16.40.175    Posting conditions.

16.40.180    Repealed.

16.40.185    Interpretation, enforcement and fees.

16.40.190    Repealed.

16.40.200    Repealed.

16.40.210    Notice of amendments.

16.40.010 Short title.

The ordinance codified in this chapter, together with any amendments, shall be known as the “Resource, Wildlife and Hazard Area Regulation Framework Ordinance.” (Ord. 1539 § 1 (part), 1992)

16.40.020 General authority.

This chapter is adopted under the authority of RCW 36.70A.050. (Ord. 1539 § 1 (part), 1992)

16.40.030 Purpose.

The purpose of this chapter is to regulate the use of land in and around critical areas, resource lands, wildlife habitat, and natural hazard areas lying within the corporate limits of the city, to bring the city into compliance with the Washington State Growth Management Act (chapter 36.70A RCW); to incorporate appropriate “best available science” into the regulation of critical areas, resource lands, wildlife habitat, and natural hazard areas (RCW 36.70A.172(1)); and to promote the public health, safety and general welfare in accordance with the standards established by the state and the city, and to:

A. Protect areas of land with valuable and nonrenewable resources for future generations in a manner consistent with the current comprehensive plan until such time as a revised comprehensive plan determines the future use of such lands;

B. Regulate development on and around critical areas in order to protect lives, property and public infrastructure;

C. Prevent development which is incompatible with certain critical areas which are particularly susceptible to water quality, noise, and air quality impacts associated with nearby development;

D. Establish mechanisms to inform present and future landowners of their location on or near resource or critical lands;

E. Establish mechanisms to process and review development proposals for consistency with the new regulations which are fair, timely and minimize the impacts on permit processing times. (Ord. 2071 § 1, 2003: Ord. 1539 § 1 (part), 1992)

16.40.040 Scope.

The regulations of this division shall apply to all development, activity, actions, uses and construction proposed or undertaken within the jurisdiction of the city. (Ord. 1539 § 1 (part), 1992)

16.40.050 Undefined words and phases.

The definition of any word or phrase not listed in the definitions which is in question when administering this chapter shall be defined from one of the following sources. Said sources shall be utilized by finding the desired definition from source number one, but if it is not available there, then source number two may be used and so on. The sources are as follows:

A. Any city resolution, ordinance, code or regulation;

B. Any statute or regulation of the state of Washington;

C. Legal definitions from Washington common law or a law dictionary;

D. The common dictionary. (Ord. 1539 § 1 (part), 1992)

16.40.060 Definitions.

For the purpose of this title, the following definitions shall apply:

“Action” means any grading, clearing, filling, construction, dredging, removal of trees or use on a piece of property.

“Activity” means any application for the following actions: building permit creating additional habitable space in a residential structure as defined by the International Building Code; building permit for a nonresidential structure; conditional use approval; shoreline permit; rezone; planned residential development; planned mixed-use development; shoreline variance or conditional use; shoreline redesignation; subdivision of land; SEPA review or other similar land use or environmental discretionary review.

“Agricultural resource lands” means lands that are not already characterized by urban growth and that have long-term significance for the commercial production of food or other agricultural products.

“Animal containment area” means a site where two or more animal units of large animals per acre or 0.75 of an animal unit of small animals per acre are kept, and where a high volume of waste material is deposited in quantities capable of impacting groundwater resources.

“Animal unit” means the equivalent of 1,000 pounds of animal.

“Applicant” means a person, party, firm, corporation, or other legal entity who files an application for approval under this title and who is either the owner of the land on which that proposed activity would be located, a contract vendee, or lessee of the land, the person who would actually control and direct the proposed activity, or the authorized agent of such a person.

“Aquifer recharge area” means areas that have a critical recharging effect on groundwaters used for potable water supplies and/or that demonstrate a high level of susceptibility or vulnerability to groundwater contamination from land use activities.

Examples of aquifer recharge areas include:

1. Wellhead protection areas delineated pursuant to the Federal Safe Drinking Water Act; and

2. Other areas with a high level of susceptibility or vulnerability to contamination as demonstrated through the use of the DRASTIC model.

“Best management practices (BMPs)” mean physical, structural, and/or managerial practices, that when used singly or in combination, prevent or reduce water pollution, erosion, groundwater contamination, slope instability and similar impacts of construction, development and other actions. Source control BMPs include those which keep the pollutant from ever coming in contact with stormwater, and stormwater treatment BMPs include those which consist of various methods of treating stormwater. BMPs could include, but are not limited to, use of hay bales and plastic coverings to reduce erosion, education programs for employees regarding the use and disposal of chemicals, signage for customers regarding use of gasoline fueling facilities, and use of grass-lined swales to reduce pollutants in stormwater.

“Building official” means the city staff person responsible for the administration of the International Building Code or his or her designee.

“Clearing” means the removal of vegetative material such as timber, stumps, brush, sod, etc., that does not require reforestation per an approved Forest Practices Application/notification from the Department of Natural Resources.

Construction. Refer to the definition in the zoning code, chapter 18.04 SMC.

“Contaminant” means any chemical, physical, biological or radiological substance that does not occur naturally or occurs at concentrations and duration as to be injurious to human health or welfare or shown to be ecologically damaging.

“Critical areas” are those areas established as volcanic hazard areas, wetlands, flood hazard areas, fish and wildlife habitat areas, seismic hazard areas, landslide hazard areas, erosion hazard areas, and aquifer recharge areas.

Development. Refer to the definition in the zoning code, chapter 18.04 SMC.

“Director” means the director of the Sumner department of community development or his or her designee.

“DRASTIC” means a model developed by the National Water Well Association and Environmental Protection Agency used to measure aquifer susceptibility to contamination.

“Existing agricultural properties” are those properties which have not been converted to nonagricultural use or have not lain idle more than five years, unless the idle land is registered in a federal or state soil conservation program.

“Facility” for purposes of aquifer protection regulations means all structures, contiguous land, appurtenances, and other improvements on the land used for recycling, reusing, reclaiming, transferring, storing, treating, disposing of, or otherwise handling a hazardous substance. Use of the term “facility” includes underground and aboveground tanks, and operations which handle, use, dispose of, or store hazardous substances.

“Financial guarantee” means a letter of credit, certified bond, assignment of funds or other instrument acceptable to the city to ensure the satisfactory compliance with conditions or standards of this title.

“Footprint” means the area of a building site bounded by foundation walls or equivalent to the area of the site covered by structures if no foundation walls are present.

“Hazardous substance(s)” means any liquid, solid, gas, or sludge, including any materials, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste; and including waste oil and petroleum products.

“Hazardous substance processing or handling” means the use, storage, manufacture, or other land use activity involving hazardous substances, but does not include individually packaged household consumer products or quantities of hazardous substances of less than five gallons in volume per container. Hazardous substances shall not be disposed of on-site unless in compliance with Dangerous Waste Regulations, chapter 173-303 WAC, and any pertinent local ordinances, such as sewer discharge standards.

“Hazardous waste” means and includes all dangerous waste and extremely hazardous waste as designated pursuant to chapter 70.105 RCW, chapter 173-303 WAC.

“Hazardous waste treatment and storage facility” means a facility that treats and stores hazardous waste and is authorized pursuant to chapter 70.105 RCW, chapter 173-303 WAC. It includes all contiguous land and structures used for recycling, reusing, reclaiming, transferring, storing, treating, or disposing of hazardous waste. Treatment includes using physical, chemical, or biological processing of hazardous wastes to make such waste nondangerous or less dangerous and safer for transport, amenable for energy or material resource recovery. Storage includes the holding of waste for a temporary period but not the accumulation of waste on the site of generation as long as the storage complies with applicable state requirements.

“Landslide hazard area – Type I” means a slope of 25 percent or greater.

“Landslide hazard area – Type II” means a slope of less than 25 percent and equal to or greater than 15 percent.

“Minerals” includes gravel, sand, and valuable metallic substances. Topsoil is not a mineral.

“Mineral resource lands” means lands primarily devoted to the extraction of minerals or that have known or potential long-term commercial significance for the extraction of minerals.

“Natural resource lands” mean all areas classified as mineral resource lands or agricultural resource lands.

“Nonexempt activity” means any activity which is not exempted from the development standards of this division.

“One-year time travel zone boundary” means the maximum distance around a pumping well from which a contaminant hypothetically present in groundwater could travel to the well within a one-year time period.

“Sludge land application site” means a site where stabilized sludge, septage, and other organic wastes are applied to the surface of the land in accordance with established agronomic rates for fertilization or soil conditioning. Sludge land application sites are classified under the following five-category system:

S-1

Sites of less than one acre with an application rate of less than 10 dry tons of sludge per acre per five-year period.

S-2

Sites of less than 40 acres with an application rate of less than 20 dry tons of sludge per acre per 10-year period or less than an annual application of two dry tons of sludge per acre.

S-3

Sites with an application rate of more than 20, but less than 43 dry tons of sludge per 10-year period or 4.3 dry tons per acre per year.

S-4

Sites with one-time applications greater than 43 dry tons per acre and cumulative limits for metals greater than state-designated practices for agricultural cropland application.

S-5

Sites which are permanent landfill disposal facilities.

“Small animal” means an animal with an average weight of less than 100 pounds.

“TBA” means transferable buffer area. The transferable buffer areas shall not include areas of improved right-of-way within the wildlife habitat area buffer or wetland buffer.

“Ten-year time travel zone boundary” means the maximum distance around a pumping well from which a contaminant hypothetically present in groundwater could travel to the well within a 10-year time period.

“TPCHD” means the Tacoma-Pierce County health department.

“Underground tank” means any one or a combination of tanks (including underground pipes connected thereto) which are used to contain or dispense an accumulation of hazardous substances or hazardous wastes, and the volume of which (including the volume of underground pipes connected thereto) is 10 percent or more beneath the surface of the ground.

Use. Refer to the definition in the zoning code, chapter 18.04 SMC.

“USGS” means the United States Geologic Survey.

“Utility line” means pipe, conduit, cable or other similar facility by which services are conveyed to the public or individual recipients. Such services shall include, but are not limited to, water supply, electric power, gas, communications, storm sewers (except open ditches) and sanitary sewers.

“Wellhead protection area” means the area within the 10-year time-of-travel zone boundary of a group A public water system well, as delineated by the water system purveyor or its designee, pursuant to WAC 246-290-135. (Ord. 2439 § 11, 2013; Ord. 2071 § 2, 2003: Ord. 1539 § 1 (part), 1992)

16.40.070 General application.

A. This division shall apply to all properties which are designated as critical areas or natural resource lands by the city. Properties containing portions of critical areas or natural resource lands are subject to this division. When the requirements of this division are in conflict with other Sumner ordinances or regulations, the more restrictive shall apply.

B. All actions taken by any person, persons, institutions, corporations, or other entity shall comply with the requirements of this division or the conditions of any decision resulting from this division. Failure to comply with these provisions is a violation of this division and shall be subject to enforcement action as provided for in this chapter.

C. Where a site contains two or more critical areas or natural resource lands, the site shall meet the minimum standards and requirements for each identified critical area or natural resource land as set forth in this division. (Ord. 1539 § 1 (part), 1992)

16.40.080 Mapping.

Maps have been developed to indicate the location of natural resource lands and critical areas by state and federal agencies. Maps may be developed by the city which show the general location of natural resource lands and critical areas for informational purposes. The actual presence of critical areas and natural resource lands shall be determined by the classification criteria established for each natural resource land and critical area. The burden and costs associated with further delineation of resource or critical lands shall be borne by project applicants. (Ord. 1539 § 1 (part), 1992)

16.40.090 Permitted uses.

Uses permitted on properties designated as critical areas or natural resource lands shall be the same as those permitted by the underlying zone classification and the Sumner shoreline master program unless specifically regulated by this division. (Ord. 1539 § 1 (part), 1992)

16.40.100 Exemptions.

The following activities shall be exempt from the provisions of this division unless specifically modified in other sections of this division. All activities in critical areas must comply with SMC 16.40.110, Best management practices, regardless of exemption status. These exemptions apply specifically to activities regulated by the city of Sumner. Other state and federal permits and approvals may still apply.

A. Agricultural activities on existing agricultural properties when such activities directly relate to the operation of the property for agricultural purposes;

B. Forest practices regulated and conducted in accordance with the provisions of chapter 76.09 RCW and forest practices regulations, WAC Title 222, and which are exempt from Sumner’s jurisdiction;

C. Conservation or preservation of soil, water, vegetation, fish, shellfish, and other wildlife;

D. Outdoor recreational activities, including, but not limited to, fishing, birdwatching, hiking, boating, horseback riding, swimming, canoeing, and bicycling;

E. Education, scientific research, and use of nature trails;

F. Maintenance or reconstruction of existing roads, bridges, and associated storm drainage facilities; provided, that reconstruction does not involve expansion of facilities;

G. The following utility line activities:

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

2. Relocation of electric facilities, lines, equipment, or appurtenances, not including substations, with an associated voltage of 55,000 volts or less only when required by a local governmental agency;

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

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

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

H. Reconstruction, remodelling, or maintenance of existing single-family residential structures and accessory structures; provided, that a cumulative expansion of the building footprint does not increase by more than 25 percent; and provided further, that the new construction or related activity does not further intrude into the critical area;

I. Reconstruction, remodelling, or maintenance of structures, other than single-family structures and accessory structures; provided, that such reconstruction, remodelling, or maintenance does not increase the footprint or extend beyond the existing ground coverage;

J. Minor site investigative work necessary for land use and building application submittals such as surveys, soil logs, percolation tests and other related activities where such activities do not require construction of new roads or significant amounts of excavation in a critical area or its buffer. In every case, impacts to the critical area shall be minimized and disturbed areas shall be immediately restored;

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

L. Any change of use entirely within an existing structure, provided no grading or paving will occur which increases the amount of impervious surface on the site;

M. The construction of fences accessory to single-family residences; provided, that such fences do not bisect streams or wetlands, and do not substantially impede the movement of threatened, endangered, or sensitive species of wildlife; and

N. Projects with the primary purpose of restoring or enhancing wetlands, streams, or fish and wildlife habitat areas; provided, that:

1. Such projects are part of an approved local, state, or federal restoration or enhancement plan; and

2. The project would not result in adverse impacts to any critical area;

O. Navigation aids and boundary markers; and

P. Boat mooring buoys. (Ord. 2212 § 1, 2007: Ord. 2071 § 3, 2003: Ord. 1539 § 1 (part), 1992)

16.40.110 Best management practices.

All activities shall be performed in conformance with best management practices established for that activity. (Ord. 1539 § 1 (part), 1992)

16.40.120 Variances.

A. The purpose of a variance is strictly limited to granting relief to specific development standards set forth in this division. A variance is also appropriate where there are extraordinary or unique circumstances relating to the property such that the strict implementation of this division would impose unnecessary hardships on the applicant. These provisions should be applied in a manner, which while protecting the environment, will assure that a person will be able to use his/her property in a fair and equitable manner.

B. In all instances of granting a variance, extraordinary circumstances shall be shown and the public interest shall suffer no substantial detrimental effect.

C. An application for a variance shall be processed as a Type IV decision pursuant to chapter 18.56 SMC, Procedures for Land Use Permits. An application for variance shall be submitted on forms provided by the city and accompanying material as required by chapter 18.56 SMC.

D. Criteria for Granting Variances. Variances for development that will be located landward of the ordinary high water mark, may be authorized provided the applicant can demonstrate all of the following:

1. That the strict requirements of the development standards set forth in this division preclude or significantly interfere with a reasonable use of the property not otherwise prohibited by this division.

2. That the hardship described above is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of this division, and not, for example, from deed restrictions or the applicant’s own actions.

3. That the design of the project will be compatible with other permitted activities in the area and will not cause adverse effects to adjacent properties or the critical area.

4. That the variance authorized does not constitute a grant of special privilege not enjoyed by other properties in the area, and will be the minimum necessary to afford relief.

5. That the public interest will suffer no substantial detrimental effect. Variances for development that will be located either waterward of the ordinary high water mark or within regulated wetlands may be authorized provided the applicant can demonstrate all the criteria stated above as well as the following:

a. That the strict application of the development standards set forth in this division precludes all reasonable use of the property; and

b. That the proposal is consistent with the criteria established under subsections (D)(1) through (4) of this section.

E. In the granting of all variances, consideration shall be given to the cumulative impact of additional requests for like actions in the area. For example, if variances were granted to other developments in the area where similar circumstances exist, the total of the variances should not produce substantial adverse effects to the critical areas.

F. The U.S. Fish and Wildlife Service and the National Marine Fisheries Service shall be sent a notice of application for any variance requesting the reduction of buffer widths on Type III streams. (Ord. 2071 § 4, 2003: Ord. 1695 § 20, 1995: Ord. 1539 § 1 (part), 1992)

16.40.130 Application and review process.

Repealed by Ord. 1695. (Ord. 1539 § 1 (part), 1992)

16.40.135 Application and review process for RHWA permit.

A. Activities which require resource, wildlife and hazard area approval shall be processed as Type I or Type II decisions pursuant to chapter 18.56 SMC, Procedures for Land Use Permits.

B. Following application for RWHA review, the director may refer the application and accompanying materials to appropriate state, federal, local and city agencies and departments for review and comment.

C. The director may apply conditions to the approval in order to ensure the conformance with standards or policies and to ensure that construction occurs in compliance with the standards and other conditions. (Ord. 2071 § 5, 2003: Ord. 1695 § 21, 1995)

16.40.140 Clustering.

The clustering of development on portions of property shall be allowed subject to the following standards:

A. For residentially zoned areas subject to chapter 16.46 SMC, Wetlands Protection, and chapter 16.56 SMC, Wildlife Habitat Area, the area of land established in buffers is equal to the “transferable buffer area” (TBA).

1. Clustering may apply to planned residential developments approved pursuant to chapter 18.40 SMC or to new subdivisions pursuant to chapter 17.16 SMC.

2. In the case of planned residential developments, the density may be increased beyond that provided for in SMC 18.24.060 provided the transferable buffer area is established as a separate conservation easement, dedication or other permanent method of preserving the land to the satisfaction of the director. The transfer rate for PRDs shall be one additional acre of development area credit for each two acres of transferable buffer area.

3. In the case of a full subdivision, the density allowed by the zoning may be increased beyond the limits of the underlying zoning according to the following table:

Zoning

Cluster Ratio

LDR-12

1 acre credit for 2 TBA acres

LDR-8.5

1 acre credit for 3 TBA acres

LDR-7.2

1 acre credit for 5 TBA acres

LDR-6

1 acre credit for 5 TBA acres

The increase in density and resulting maximum number of lots shall be calculated using the following formula:

(TBA x Cluster Ratio) + (Developable Area)

Minimum Lot Size of Underlying Zone

 

= Maximum Number of Lots

4. In no case shall the lot size be reduced to less than the minimum set forth below, in square feet:

LDR-6:

4,800

LDR-7.2:

6,000

LDR-8.5:

7,200

LDR-12:

8,500

In no case shall the reduction in lot sizes be combined with the reduction in lot sizes allowed in SMC 18.12.070(A) or 18.12.090(A).

5. The utilization of the transferable buffer area credits shall accompany a development proposal for the PRD or subdivision. The use of the credits shall be approved by the city council in conjunction with the PRD or preliminary plat.

6. In the case of a full subdivision, the TBA shall be established as a separate conservation easement, dedication or other permanent method of preserving the land to the satisfaction of the director.

7. In allowing lots less than 6,000 square feet, the council may reduce the rear yard requirements by a maximum of 40 percent.

B. For residentially zoned areas subject to chapter 15.52 SMC, the area of land within the special flood hazard area is equal to the “transferable buffer area” (TBA), provided any area within 200 feet of the shoreline pursuant to the shoreline master program shall not be included in the TBA. Properties within the special flood hazard area are eligible to modify lot size requirements to achieve clustering.

1. Development transfers may apply to planned residential developments approved pursuant to chapter 18.40 SMC or to a new subdivision pursuant to chapter 17.16 SMC.

2. In the case of planned residential developments, the density may be increased beyond that provided for in SMC 18.24.060 provided the transferable buffer area is established as a separate conservation easement, dedication or other permanent method of preserving the land to the satisfaction of the director. The transfer rate for PRDs shall be one additional acre of development area credit for each two acres of transferable buffer area.

3. In the case of a full subdivision, the density allowed by the zoning may be increased beyond the limits of the underlying zoning according to the following table:

Zoning

Cluster Ratio

LDR-12

1 acre credit for 2 TBA acres

LDR-8.5

1 acre credit for 3 TBA acres

LDR-7.2

1 acre credit for 5 TBA acres

LDR-6

1 acre credit for 5 TBA acres

The increase in density and resulting maximum number of lots shall be calculated using the following formula:

(TBA x Cluster Ratio) + (Developable Area)

Minimum Lot Size of Underlying Zone

 

= Maximum Number of Lots

4. In no case shall the lot size be reduced to less than the minimum set forth below, in square feet:

LDR-6:

4,800

LDR-7.2:

6,000

LDR-8.5:

7,200

LDR-12:

8,500

In no case shall the reduction in lot sizes be combined with the reduction in lot sizes allowed in SMC 18.12.070(A) or 18.12.090(A).

5. The utilization of the transferable buffer area credits shall accompany a development proposal for the PRD or subdivision. The use of the credits shall be approved by the city council in conjunction with the PRD or preliminary plat.

6. In the case of a full subdivision, the TBA shall be established as a separate conservation easement, dedication or other permanent method of preserving the land to the satisfaction of the director.

7. In allowing lots less than 6,000 square feet, the council may reduce the rear yard requirements by a maximum of 40 percent.

C. For industrial and commercial zoned areas subject to chapter 16.46 SMC, Wetlands Protection, and chapter 16.56 SMC, Wildlife Habitat Area, the area of land established in buffers is equal to the “transferable buffer area” (TBA). Properties with such flood hazard designations are eligible to modify lot size requirements to achieve clustering.

1. Development transfers may apply to properties zoned industrial or commercial.

2. The density may be increased provided the transferable buffer area is established as a separate conservation easement, dedication or other permanent method of preserving the land to the satisfaction of the director. For each acre of TBA, an additional acre of non-TBA land on the same property may increase the allowable building height by 12 feet for structures in the non-TBA portion of the property.

3. The utilization of the transferable buffer area credits shall be approved by the hearing examiner according to the process for an administrative conditional use, chapter 18.56 SMC, provided the following are satisfied:

a. The TBA transfer is established with a permanent easement, property transfer or other mechanism to ensure the long-term protection of the area; and

b. The applicant has provided improvements, as necessary, to enhance the function and performance of the TBA.

D. For industrial and commercial zoned areas subject to chapter 15.52 SMC, the area of land within the special flood area is equal to the “transferable buffer area” (TBA), provided any area within 200 feet of the shoreline pursuant to the shoreline master program shall not be included in the TBA. Properties within the special flood hazard area are eligible to modify lot size requirements to achieve clustering.

1. Development transfers may apply to properties zoned industrial or commercial.

2. The density may be increased provided the transferable buffer area is established as a separate conservation easement, dedication or other permanent method of preserving the land to the satisfaction of the director. For each acre of TBA, an additional acre of non-TBA land on the same property may increase the allowable building height by 12 feet for structures in the non-TBA portion of the property.

3. The utilization of the transferable buffer area credits shall be approved by the hearing examiner according to the process for an administrative conditional use, chapter 18.56 SMC, provided the following are satisfied:

a. The TBA transfer is established with a permanent easement, property transfer or other mechanism to ensure the long-term protection of the area; and

b. The applicant has provided improvements, as necessary, to enhance the function and performance of the TBA.

E. In the event an area is within more than one transferable buffer area, the applicant may benefit from only one type of TBA for a given area of land. (Ord. 2596S § 5, 2017; Ord. 2596 § 5, 2017; Ord. 2071 § 6, 2003: Ord. 1906 §§ 1 – 4, 1999; Ord. 1539 § 1 (part), 1992)

16.40.150 Relationship to other regulations.

A. Variance applications from the provisions of the zoning regulations shall be made according to the provisions of chapter 18.50 SMC.

B. This division establishes minimum standards which are to be applied to specific activities on natural resource lands and in critical areas in order to achieve the purposes stated. In no way is this division intended to limit the application of SEPA or any other city, county, state or federal law or regulation.

C. Requests for varying the use to which a critical area habitat is to be put are not requests for variances, but rather requests for conditional uses. Such requests shall be evaluated using the zoning conditional use criteria set forth in chapter 18.48 SMC. (Ord. 2071 § 7, 2003: Ord. 1539 § 1 (part), 1992)

16.40.160 Bonds and financial guarantees.

The director may require an applicant to submit a financial guarantee to the city to guarantee any performance, mitigation or monitoring required as a condition of permit approval. The permit shall not be issued until the appropriate financial guarantee is received by the director. Financial guarantees shall be in the amount of 120 percent of the estimate of the cost of mitigation or monitoring to allow for inflation and administration should the city have to complete the mitigation or monitoring. (Ord. 1539 § 1 (part), 1992)

16.40.170 Interpretation and enforcement.

Repealed by Ord. 1695. (Ord. 1539 § 1 (part), 1992)

16.40.175 Posting conditions.

For activities subject to review under chapter 16.50 SMC, Landslide and Erosion control, and chapter 16.46 SMC, Wetlands Protection, the applicant shall post the conditions of approval which relate to construction at the construction site. For large sites the director may require additional postings. (Ord. 1695 § 23, 1995)

16.40.180 Penalties.

Repealed by Ord. 1695. (Ord. 1539 § 1 (part), 1992)

16.40.185 Interpretation, enforcement and fees.

A. The provisions for interpretation of this division shall be pursuant to chapter 18.54 SMC, Interpretations.

B. The provisions of chapter 15.06 SMC shall apply to this chapter.

C. Any person, firm or corporation violating any of the provisions of this chapter shall be subject to the penalty provisions of SMC 15.06.070 and 15.06.110.

D. Fees for RWHA approvals are established in chapter 18.56 SMC, Procedures for Land Use Permits. (Ord. 1782 § 35, 1996: Ord. 1695 § 24, 1995)

16.40.190 Fees.

Repealed by Ord. 1695. (Ord. 1539 § 1 (part), 1992)

16.40.200 Relationship to comprehensive plan.

Repealed by Ord. 1695. (Ord. 1539 § 1 (part), 1992)

16.40.210 Notice of amendments.

The U.S. Fish and Wildlife Service and the National Marine Fisheries Service shall receive early and continual notice of any amendments to SMC Division III, Title 16, Natural Resource Lands and Critical Areas. (Ord. 2071 § 8, 2003)