Division I. Critical Areas

Chapter 17.05
AUTHORITY AND PURPOSE

Sections:

17.05.005    Authority and title.

17.05.010    Purpose and goals.

17.05.015    Intent.

17.05.020    Interpretation.

17.05.005 Authority and title.

This title is established pursuant to the requirements of the Growth Management Act (RCW 36.70A.060) and the State Environmental Policy Act (Chapter 43.21C RCW).

This title shall be known as “Critical Areas.”

(Ord. 343 § 1, 2002).

17.05.010 Purpose and goals.

The purpose of this title is to establish regulations pertaining to development in critical areas. The purpose of these regulations is to protect critical areas in the City of University Place. This title seeks to implement the following goals:

A. Encourage the retention of open space and development of recreational opportunities, conserve fish and wildlife habitat, increase access to water, and develop parks.

B. Protect the environment and enhance the State’s high quality of life, including air and water quality, and the availability of water.

C. Protect habitat for fish and wildlife.

D. Protect the public from unsafe and unstable development.

(Ord. 343 § 1, 2002).

17.05.015 Intent.

Erosion hazard areas, landslide hazard areas, flood hazard areas, wetlands, fish and wildlife habitat areas, aquifer recharge areas and buffers associated with the above listed areas constitute critical areas. All of these areas are of special concern to the people of University Place, Pierce County and the State of Washington. The intent of this title is to protect critical areas of the City by establishing minimum standards for development of sites that contain critical areas and thus promote the public health, safety, and welfare by:

A. Mitigating unavoidable impacts by regulating development;

B. Protecting from impacts of development;

C. Protecting the public against losses from:

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

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

3. Long term costs to the community resulting from incremental disturbances to and loss of environmental resources.

D. Preventing adverse impacts on water availability, water quality, wetlands, and creeks.

E. Protecting and improving the essential livability of the urban environment.

F. Providing City officials with necessary information to adequately protect critical areas when approving, conditioning, or denying public or private development proposals;

G. Providing the public with necessary information and notice of potential risks associated with development in critical areas;

H. Implementing the goals and requirements of the Growth Management Act, the State Environmental Policy Act, the Puget Sound Water Quality Management Plan, the City Comprehensive Plan, and the Endangered Species Act including all updates and amendments, and other land use policies formally adopted or accepted by the City.

(Ord. 343 § 1, 2002).

17.05.020 Interpretation.

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

A. Considered the minimum necessary except as pursuant to a variance or reasonable use exception permit;

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

C. Deemed neither to limit nor repeal any other powers under state statute.

(Ord. 343 § 1, 2002).