Chapter 4.10A CRITICAL AREA REGULATIONS GENERAL PROVISIONS

The purpose of this title is to provide for reasonable protection of the natural environment and the general public health, safety and welfare, and satisfy the requirements of RCW 36.70A.060 by:

A. Implementing the Bridgeport urban area comprehensive plan;

B. Protecting critical areas, in accordance with the Growth Management Act and through the application of best available science, as determined according to WAC 365-195-900 through 365-195-925, and in consultation with state and federal agencies and other qualified professionals;

C. Protecting the general public, resources and facilities from injury, loss of life, property damage or financial loss due to flooding, landslides, or failure of steep slopes;

D. Protecting unique, fragile and valuable elements of the environment including ground and surface waters, wetlands, and fish and wildlife and their habitats;

E. Meeting the requirements of the National Flood Insurance Program and maintaining the city as an eligible community for federal flood insurance benefits;

F. Preventing cumulative adverse environmental impacts on water availability, water quality, groundwater, wetlands, rivers and streams;

G. Providing appropriate guidance and protection measures for addressing the needs and concerns associated with critical areas that help define the quality of life in the city;

H. Encouraging the conservation of fish and wildlife habitat, and increasing access to natural resource lands and water;

I. Implementing applicable mandated federal and state regulations; and

J. Incorporating best available science in determining appropriate measures to protect the functions and values of critical areas and for the preservation and/or enhancement of anadromous fisheries. (Ord. 675 § 1 (Exh. A) (part), 2017: Ord. 562 § 1 (part), 2006)

4.10A.020 Applicability.

A. The provisions of this title shall apply to all development activities in designated critical areas outside of shoreline jurisdiction as regulated under the Bridgeport shoreline master program within the city’s incorporated limits. Any development authorized to alter the condition of any land, water or vegetation, or to alter or construct any building, structure or improvement shall be in compliance with the requirements of this title. Critical areas within shoreline jurisdiction shall be regulated under the provisions of the shoreline master program.

B. When the provisions of this title or any other provisions of the city’s municipal codes are in direct conflict with each other or with other federal or state regulations, the provision that is the most restrictive shall apply. (Ord. 675 § 1 (Exh. A) (part), 2017: Ord. 562 § 1 (part), 2006)

4.10A.030 Exemptions.

The activities enumerated in this section are exempt from the provisions of this title. The final determination of whether an activity is exempt is an administrative function of the city. Exempt activities shall strive to avoid impacts to critical areas, and shall use reasonable methods to avoid potential impacts. To be exempt from this chapter does not give permission to degrade a critical area or ignore risk from natural hazards. Any incidental damage to, or alteration of, a critical area that is not a necessary outcome of the exempted activity shall be restored, rehabilitated or replaced at the responsible party’s expense.

A. Normal Maintenance or Repair of Existing Legal Buildings, Structures, Roads or Development, Including Damage by Accident, Fire or Natural Elements. Normal repair of buildings and structures involves restoring to a state comparable to the original condition, including the replacement of walls, fixtures and plumbing; provided, that the value of work and materials in any twelve-month period does not exceed twenty-five percent of the value of the structure prior to such work as determined by using the most recent ICBO construction tables, the repair does not expand the number of dwelling units in a residential building, the building or structure is not physically expanded, and, in the case of damaged buildings and structures, a complete application for repair is accepted by the city within six months of the event and repair is completed within the terms of the permit.

B. Emergency Construction Necessary to Protect Life or Property from Immediate Damage by the Elements. An emergency is an unanticipated event or occurrence which poses an imminent threat to public health, safety, or the environment, and which requires immediate action within a time too short to allow full compliance. Once the threat to the public health, safety, or the environment has dissipated, the construction undertaken as a result of the previous emergency shall then be subject to and brought into full compliance with this title.

C. Existing agricultural activities normal or necessary to general farming conducted according to industry-recognized best management practices including the raising of crops.

D. The normal maintenance and repair of artificial-drainage systems which does not involve the use of heavy equipment, and which does not require permit issuance from other local, state or federal agencies.

E. Site Investigative Work Necessary for Land Use Application Submittals Such as Surveys, Soil Logs, Percolation Tests and Other Related Activities. In every case, critical area impacts should be minimized and disturbed areas shall be immediately restored; and

F. Passive recreational activities, including, but not limited to: fishing, bird watching, hiking, hunting, boating, horseback riding, skiing, swimming, canoeing, and bicycling provided the activity does not alter the critical area or its buffer by changing existing topography, water conditions or water sources. (Ord. 675 § 1 (Exh. A) (part), 2017: Ord. 562 § 1 (part), 2006)

4.10A.040 Reasonable use.

A. The city may modify the requirements of this title in specific cases when necessary to allow reasonable use of an applicant’s property. To qualify for such relief the applicant must demonstrate all of the following:

1. That no other reasonable use can be made of the property that will have a lesser adverse impact on the critical area and adjoining and neighboring lands;

2. That the proposed use does not pose a threat to the public health, safety or welfare; and

3. That the amount of relief requested is the minimum necessary to allow reasonable use of the property.

B. An application for a reasonable use exception shall be submitted to the city upon request with the application materials for the particular development proposal. The application shall be supplemented with an explanation as to how the reasonable use exception criteria are satisfied. The city may require additional information or studies to supplement the reasonable use exception request.

C. A reasonable use exception shall be processed according to the provisions of Title 19 BMC governing Type IIA permit applications. (Ord. 675 § 1 (Exh. A) (part), 2017: Ord. 562 § 1 (part), 2006)

4.10A.050 Reference maps and inventories.

The location of critical areas within the city are displayed on maps maintained by the city. These maps and related reference materials, in the most current form, are intended for general information only and do not depict site-specific designations. They are intended to advise the city, applicants and other participants in the development permit review process that a critical area may exist and that further study, review and consideration may be necessary. These reference materials shall include but are not limited to the following:

A. Maps.

1. City of Bridgeport Critical Area Reference Map: Wetland Areas;

2. City of Bridgeport Critical Area Reference Map: Fish and Wildlife Habitat Areas;

3. City of Bridgeport Critical Area Reference Map: Geologically Hazardous Areas;

4. City of Bridgeport Critical Area Reference Map: Frequently Flooded Areas;

5. Flood Insurance Rate Maps (1985);

6. Flood Boundary and Floodway Maps (no date);

7. U.S. Fish and Wildlife Service National Wetlands Inventory;

8. Washington State Department of Fish and Wildlife Priority Habitats and Species Maps;

9. U.S.G.S. 7.5 Minute Series Topographic Quadrangle Maps; and

10. Aerial photos.

B. Documents.

1. Approved special reports previously completed for a subject property;

2. The Flood Insurance Study for the City of Bridgeport;

3. Bridgeport Urban Area Comprehensive Plan;

4. City of Bridgeport Shoreline Master Program;

5. NRCS Soil Survey Maps for Douglas County;

6. Federal Wetlands Delineation Manual (1987);

7. Washington State Wetlands Identification and Delineation Manual (DOE, March 1997);

8. Washington State Wetlands Rating System for Eastern Washington (Ecology Publication #04-06-015, or as revised and approved by Ecology). (Ord. 675 § 1 (Exh. A) (part), 2017: Ord. 562 § 1 (part), 2006)

4.10A.060 Disclosure.

The presence of any known or suspected critical areas on or within one hundred feet of property that is the subject of a development permit shall be identified by the applicant in the application materials submitted to the city. (Ord. 675 § 1 (Exh. A) (part), 2017: Ord. 562 § 1 (part), 2006)

4.10A.062 Application requirements.

Development permit applications shall provide appropriate information on forms provided by the city, including without limitation the information described in this section as well as specific requirements of each critical area. Additional reports or information to identify potential impacts and mitigation measures to critical areas may be required if deemed necessary.

A. Minor Development. Projects processed by the city according to the provisions governing Type I, Type IIA, or Type IIB permits within a designated critical area or its buffer shall disclose, at a minimum, the following information on a site plan drawn to scale:

1. The location and boundaries of the critical area;

2. The location and dimensions of all existing and proposed buildings, roads and other improvements, and their physical relationship to the critical area and associated buffers; and

3. The location and type of any proposed buffers, including the identification of any other protective measures.

B. Major Development. Projects processed by the city according to the provisions governing Type III, Type IVA or Type IVB permits within a designated critical area or its buffer shall provide the following information, in addition to the information described in subsection (A) of this section:

1. Critical area boundary survey and ranking evaluation or designation as defined within this title;

2. Critical area management and mitigation plan as defined within this title;

3. A drainage and erosion control plan as defined within this title; and

4. A grading and excavation plan as defined within this title. (Ord. 675 § 1 (Exh. A) (part), 2017)

4.10A.065 Critical areas general standards.

The following standards shall apply to the activity identified below, in addition to the general standards for each critical area.

A. Docks. Construction of a dock, pier, moorage, float or launch facility may be authorized subject to the following standards:

1. The dock/facility shall be in compliance with the requirements of the city shoreline master program;

2. The dock/facility and landward access shall not significantly alter the existing critical area or buffer vegetation; and

3. For all land divisions, dock/facilities shall be designed, designated and constructed for joint and/or community use.

B. Road Repair and Construction. When no other practical alternative exists, public or private road repair, maintenance, expansion or construction may be authorized within a critical area buffer, subject to the following minimum standards:

1. The road shall serve multiple properties;

2. No unmitigated impacts to the designated critical area or buffer area shall result from the repair, maintenance, expansion or construction of any public or private road;

3. The road shall provide for the location of public utilities, pedestrian or bicycle easements, viewing points, etc.; and

4. Road repair and construction shall be the minimum necessary to provide safe traveling surfaces.

C. Major Developments. All major developments processed by the city according to the provisions governing Type III, Type IVA or Type IVB permit authorized within a critical area buffer shall comply with the following minimum standards:

1. Inundated and/or submerged lands shall not be used in calculating minimum lot area for proposed lots;

2. Only fifty percent of the total wetlands on the property, other than inundated and/or submerged lands, shall be used in calculating minimum lot area for proposed lots. All wetland buffers may be included in the calculation of minimum lot area for proposed lots;

3. All plats shall disclose the presence on each residential lot one building site, including access, that is suitable for development and which is not within the designated critical area or its associated buffer;

4. All designated critical areas and their proposed buffers shall be clearly identified on all final plats, maps, documents, etc.;

5. Designated critical areas and their associated buffers, when needed for long term protection, shall be designated and disclosed on the final plats, maps, documents, etc., as open space tracts, nonbuildable lots and buffer areas or common areas, with ownership and control transferred to a homeowner’s association. Associated critical area buffers may alternatively be designated and disclosed on the final plats, maps, documents, etc., as an easement or covenant encumbering the property.

D. Surface Water Management. When no other practical alternative exists, surface water management activities may be authorized within a critical area, subject to the following minimum standards:

1. Critical areas may be used for retention/detention facilities, subject to all of the following criteria:

a. The functions and water quality of the critical area or buffer shall not be adversely impacted;

b. The rate of flow into or the hydroperiod of a wetland shall not increase above natural flow rates; and

c. All surface water discharged from impervious surfaces shall be treated prior to entering a critical area or buffer.

2. New surface water discharges to critical areas from detention facilities, presettlement ponds, or other surface water management structures may be authorized, subject to all of the following criteria:

a. The discharge does not increase the rate of flow into or the hydroperiod of a wetland above the natural rates;

b. All surface water discharged from impervious surfaces shall be treated prior to entering a critical area or buffer; and

c. The water quality of the critical area is not decreased.

E. Stream Crossings. Expansion or construction of stream crossings may be authorized within a designated critical area, subject to the following minimum standards:

1. Bridges are required for streams that support salmonids, unless culvert design and construction ensures proper passage opportunities;

2. All crossings using culverts shall use superspan or oversized culverts;

3. Crossings shall not occur in salmonid spawning areas unless no other feasible crossing site exists;

4. Bridge piers or abutments shall not be placed in either the floodway or between the ordinary high water marks unless no other feasible alternative placement exists;

5. Crossings shall not diminish flood-carrying capacity; and

6. Crossings shall serve multiple properties whenever possible.

F. Trails and Trail-Related Facilities. Construction of public and private trails and trail-related facilities, such as picnic tables, benches, interpretive centers and signs, viewing platforms and campsites may be authorized within a designated critical area buffer, subject to the following minimum standards:

1. Trail facilities shall, to the extent feasible, be placed on existing road grades, utility corridors, or any other previously disturbed areas;

2. Trail facilities shall minimize the removal of trees, shrubs, snags and important forest and wildlife habitat;

3. Viewing platforms, interpretive centers, campsites, picnic areas, benches and their associated access shall be designed and located to minimize disturbance of wildlife habitat and/or critical characteristics of the designated critical area;

4. Trail facilities shall be located at least a distance equal to the width of the trail corridor away from the wetland edge, as established by the approved critical area boundary survey; and

5. All facilities shall be constructed with materials complementary to the surrounding environment.

G. Utilities. When no other practical alternative exists, construction of utilities within a critical area buffer may be authorized, subject to the following minimum standards:

1. Utility corridors shall be jointly used;

2. Corridor construction and maintenance shall protect the designated critical area buffer, and shall be aligned to avoid cutting trees greater than six inches in diameter at breast height when possible;

3. No pesticides, herbicides or other hazardous or toxic substances shall be used;

4. Utility corridors, including maintenance roads authorized by the city, shall be located at least a distance equal to the width of the utility corridor away from the critical area edge;

5. Corridors shall be revegetated to preconstruction densities with appropriate native vegetation immediately upon completion of construction, or as soon thereafter as possible given seasonal growing constraints. The utility purveyor shall provide an assurance device or surety in accordance with this code that ensures such vegetation survives;

6. Any additional corridor access for maintenance shall be provided as much as possible at specific points rather than by parallel roads. If parallel roads are necessary they shall be no greater than fifteen feet in width, and shall be contiguous to the location of the utility corridor on the side opposite the wetland; and

7. Construction of sewer lines within a designated critical area buffer which are necessary to meet state and/or local health code requirements shall not adversely impact the function and quality of the designated wetland buffer. (Ord. 675 § 1 (Exh. A) (part), 2017)

4.10A.070 Review process.

Provisions of this title shall be considered and applied appropriately during development permit application reviews initiated under applicable titles of this code. (Ord. 675 § 1 (Exh. A) (part), 2017: Ord. 562 § 1 (part), 2006)

4.10A.080 Mitigation, maintenance, monitoring and contingency.

A. Mitigation, maintenance, monitoring and contingency plans shall be implemented by the developer to protect critical areas and their buffers prior to the commencement of any development activities.

B. The property owner shall be responsible for reporting to the city and undertaking appropriate corrective action when monitoring reveals a significant deviation from predicted impacts or a failure of mitigation or maintenance measures. (Ord. 675 § 1 (Exh. A) (part), 2017: Ord. 562 § 1 (part), 2006)

4.10A.090 Surety.

If a development proposal is subject to mitigation, maintenance or monitoring plans, an assurance device or surety may be required by the city in accordance with this code. (Ord. 675 § 1 (Exh. A) (part), 2017: Ord. 562 § 1 (part), 2006)

4.10A.100 Special reports.

A. In order to maintain and protect critical areas, as well as to assist in classifying and designating such areas, site-specific environmental information will be required when evaluating a development proposal.

B. Special reports shall be submitted for review and approval in conjunction with development applications when required by the city. Each chapter of this title that deals with a specific critical area also contains a description of when special reports may be required.

C. When no other application review process is required, final special reports shall be reviewed and approved by the city according to the provisions governing Type IIA permits as described in Title 19 BMC.

D. The preparation of special reports or tests required by this title is the responsibility of the applicant for a development permit. Costs incurred by the city to engage technical consultants or for staff review and interpretation of data and findings submitted by or on behalf of the developer or applicant shall be reimbursed by the applicant in accordance with a schedule adopted by the city.

E. Special studies and reports, including site plans, shall be submitted in such a manner that they conform to applicable design standards and/or formats as determined by the city.

F. The city may waive the requirement for a special report(s) in the following instances:

1. If the proposed development is a minor development that will not cause significantly adverse impacts;

2. There is adequate, existing information available on the area proposed for development to determine the impacts of the proposed development and appropriate mitigation measures; or

3. If the city determines, after a site visit, that the proposal is not located within a critical area, even though it may appear on the reference maps identified above. (Ord. 675 § 1 (Exh. A) (part), 2017: Ord. 562 § 1 (part), 2006)

4.10A.110 Drainage and erosion control plan.

A. All drainage and erosion control plans shall be prepared by an engineer licensed in the state of Washington. Upon the city’s review and approval of the drainage and erosion control plans, the identified measures to prevent contaminated stormwater from being discharged off the construction site must be in place prior to any clearing, grading or construction.

B. All drainage and erosion control plans shall address methods to minimize and contain soil within the project boundaries during construction and to provide for stormwater drainage from the site and its surroundings during and after construction. Best management practices (BMPs) must be used to prevent any sediment, oil, gas, pesticide-contaminated soil or other pollutants from entering surface or groundwater.

C. All drainage and erosion control plans shall be prepared using the Type 2 SCS model, taking into account a storm event equal to or exceeding two inches of rainfall in ninety minutes. (Ord. 675 § 1 (Exh. A) (part), 2017: Ord. 562 § 1 (part), 2006)

4.10A.120 Geotechnical report.

A. All geotechnical reports shall be prepared by a consultant team including a geologist and/or geotechnical engineer; or an engineer or an engineering geologist, who is knowledgeable of regional geologic conditions and who derives his/her livelihood from employment in one of these specialized fields.

B. A geotechnical report shall include a description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinions and recommendations on the suitability of the site to be developed. More specifically, the report shall evaluate the actual presence of geologic conditions giving rise to the geologic hazard, including without limitation the following:

1. Documentation of site history, evidence of past geologically hazardous activities in the vicinity, quantitative analysis of slope stability and available geologic information;

2. Surface reconnaissance of the site and adjacent areas;

3. Subsurface exploration of the site to assess potential geologic impacts of the proposal;

4. Hydrologic analysis of slope and/or soil stability;

5. Approximate depth to groundwater;

6. Evaluation of the safety of the proposed project, and identification of construction practices, monitoring programs and other mitigation measures necessary; and

7. Demonstration of the following:

a. There will be no increase in surface water discharge or sedimentation to adjacent properties;

b. There will be no decrease in slope stability on the site nor on adjacent properties;

c. There is no hazard as proven by evidence of no past geologically hazardous activity in the vicinity of the proposed development and a quantitative analysis of slope stability indicates no significant risk to the development proposal and adjacent properties; and

d. The geologically hazardous area can be modified or the development proposal can be designed such that the hazard is eliminated or mitigated, making the site as safe as one without a hazard.

C. The recommendations from a soils engineering report and the engineering geology report shall be incorporated in a geotechnical report and in the grading plan specifications.

1. The soils engineering report, prepared according to appendix, chapter and Section 3309.5 of the Uniform Building Code (U.B.C.), shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures if necessary.

2. The engineering geology report, prepared according to appendix, chapter and Section 3309.6 of the U.B.C., shall include an adequate description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinion on the adequacy for the intended use of sites to be developed by the proposed grading. (Ord. 675 § 1 (Exh. A) (part), 2017: Ord. 562 § 1 (part), 2006)

4.10A.130 Grading and excavation plan.

All grading and excavation plans shall be prepared by an engineer licensed in the state of Washington, and shall meet the standards and requirements set forth in Appendix Chapter 33 of the International Building Code, and shall contain the following information:

A. A cover sheet showing the location of work, the name and address of the owner and the engineer who prepared the plans;

B. General vicinity of the proposed site;

C. Property limits and accurate contours of existing ground and details of terrain and area drainage. Contour intervals for slopes ten percent or less shall be no more than two feet, and intervals for slopes exceeding ten percent shall be no more than five feet;

D. Limits of proposed excavation and fill sites, finished contours to be achieved by the grading, and proposed drainage channels to offset stormwater impacts during grading and excavation (and related construction);

E. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with, or as part of the proposed work, together with a map showing the drainage area and the estimated runoff of the area served by any drains;

F. Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners which are within fifteen feet of the property;

G. Recommendations included in a soils engineering report and the engineering geology report shall be incorporated in the grading plans or specifications. When approved by the building official, specific recommendations contained in the soils engineering report and the engineering geology report, which are applicable to grading, may be included by reference;

H. The dates of the soils engineering and engineering geology reports together with the names, seals, license numbers, addresses and phone numbers of the firms and/or individuals who prepared the reports. (Ord. 675 § 1 (Exh. A) (part), 2017: Ord. 562 § 1 (part), 2006)

4.10A.140 Wetland boundary survey and categorization.

A. A wetland boundary survey to identify and delineate a wetland, and wetland ranking evaluation shall be conducted by a biologist who is knowledgeable of wetland conditions within North Central Washington and who derives his/her livelihood from employment in this occupation. The wetland boundary shall be field staked by the biologist and surveyed by a land surveyor for disclosure on all final plats, maps, etc.

B. The Washington State Wetlands Identification and Delineation Manual (DOE, March 1997) and the Washington State Wetlands Rating System for Eastern Washington (Ecology Publication #04-06-015, or as revised and approved by Ecology) shall be used as the basis for identifying, delineating and rating the wetland boundary.

C. The city may waive the requirement for the survey for minor development as defined in this chapter, if:

1. The proposed development is no closer to the wetland area(s) than the largest required buffer, as determined through a site assessment conducted by a qualified individual;

2. There is adequate information available on the area proposed for development to determine the impacts of the proposed development and appropriate mitigating measures; and

3. The applicant provides voluntary deed restrictions that are approved by the city.

D. The wetland boundary and wetland buffer area shall be identified on all plats, maps, plans and specifications submitted for the project.

E. An evaluation of any unranked wetland is necessary when there is a proposed development or activity to be located adjacent to, or within an area containing a wetland.

F. The wetland ranking evaluation shall be used to determine if the wetland is a Level 1 critical or a Level 2 awareness wetland. It shall evaluate those factors identified in Chapter 4.10B that are used to distinguish between these categories, and it shall take into consideration historical information on the area in question, the dynamic nature of wetlands and an evaluation of entire wetland complexes, as opposed to isolated wetlands on individual parcels. (Ord. 675 § 1 (Exh. A) (part), 2017: Ord. 562 § 1 (part), 2006)

4.10A.150 Wetland management and mitigation plan.

A. A wetland management and mitigation plan shall be prepared by a biologist who is knowledgeable of wetland conditions within North Central Washington and who derives his/her livelihood from employment in this occupation.

B. The wetland management and mitigation plan shall demonstrate, when implemented, that there shall be no net loss of the ecological function of the wetland.

C. The wetland management and mitigation plan shall identify the existing functions and values of the wetland areas, provide an assessment of the impacts from the project and how impacts from the proposed project shall be mitigated, as well as identifying the necessary monitoring and contingency actions for the continued maintenance of the classified wetland and its associated buffer. Where mitigation ratios are necessary/proposed, the Washington State Wetlands Rating System for Eastern Washington (DOE #91-58) will be used to provide guidance.

D. The wetland management and mitigation plan shall contain a report that includes, but is not limited to, the following information:

1. Vicinity maps, regional 1:24,000 and local 1:4,800;

2. Location maps at a scale determined necessary and appropriate by the city;

3. A map or maps indicating the boundary of the identified wetland; the width and length of all existing and proposed structures, utilities, roads, easements; wastewater and stormwater facilities; adjacent land uses, zoning districts and comprehensive plan designations;

4. A description of the proposed project including the nature, density and intensity of the proposed development and the associated grading, structures, utilities, etc., in sufficient detail to allow analysis of such land use change upon the identified wetland;

5. A detailed discussion of surface and subsurface hydrologic features both on and adjacent to the site where the city determines appropriate;

6. A description of the vegetation in the classified wetland, on the overall project site and adjacent to the site;

7. A detailed description of the proposed project’s effect on the classified wetland, and a discussion of any federal, state or local management recommendations which have been developed for the area;

8. A discussion of the following mitigation alternatives as they relate to the proposal:

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

b. Minimizing impacts 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 impacts;

c. Rectifying the impact by repairing, rehabilitating or restoring the affected environment;

d. Compensating for the impact by replacing, enhancing or providing substitute resources or environments;

9. A plan by the applicant that explains how any adverse impacts created by the proposed development will be mitigated, including without limitation the following techniques:

a. Establishment of buffer zones;

b. Preservation of critically important plants and trees;

c. Limitation of access to the classified wetland area;

d. Seasonal restriction of construction activities;

e. Establishment of a timetable for periodic review of the plan;

10. A detailed discussion of ongoing management practices which will protect the classified wetland after the project site has been fully developed, including proposed monitoring, contingency, maintenance and surety programs. (Ord. 675 § 1 (Exh. A) (part), 2017: Ord. 562 § 1 (part), 2006)

4.10A.160 Habitat boundary survey and designation.

A. A wildlife habitat boundary survey and ranking evaluation shall be conducted by a wildlife biologist who is knowledgeable of wildlife habitat within North Central Washington and who derives his/her livelihood from employment in this occupation. The wildlife habitat boundary shall be field staked by the biologist and surveyed by a land surveyor for disclosure on all final plats, maps, etc.

B. The management recommendations for Washington’s Priority Habitats and Species may be used as a tool for identifying and delineating the habitat boundary.

C. The city may waive the requirement for the survey for minor development as defined in this chapter, if:

1. The proposed development is not within the extended proximity of the associated habitat;

2. There is adequate information available on the area proposed for development to determine the impacts of the proposed development and appropriate mitigating measures; and

3. The applicant provides voluntary deed restrictions to be approved by the city.

D. An evaluation of any unranked fish and wildlife habitat is necessary when there is a proposed development or activity to be located adjacent to, or within an area containing a wetland.

E. The evaluation shall be used to determine if the fish and wildlife habitat is a Level 1 critical or a Level 2 awareness fish and wildlife habitat conservation area. It shall evaluate those factors identified in Chapter 4.10C that are used to distinguish between these categories and it shall take into consideration historical information on the area in question, the dynamic nature of habitat conservation areas and an evaluation of the entire habitat conservation area, as opposed to isolated indicators on individual parcels.

F. The wildlife habitat boundary and associated buffer shall be identified on all plats, maps, plans and specifications submitted for the project. (Ord. 675 § 1 (Exh. A) (part), 2017: Ord. 562 § 1 (part), 2006)

4.10A.170 Fish/wildlife habitat management and mitigation plan.

A. A fish/wildlife habitat management and mitigation plan shall be prepared by a wildlife biologist who is knowledgeable of wildlife habitat within North Central Washington and who derives his/her livelihood from employment in this field.

B. The fish/wildlife habitat management and mitigation plan shall demonstrate, when implemented, that there shall be no net loss of ecological function of habitat.

C. The fish/wildlife habitat management and mitigation plan shall identify how impacts from the proposed project shall be mitigated, as well as the necessary monitoring and contingency actions for the continued maintenance of the classified habitat conservation area and its associated buffer.

D. The fish/wildlife habitat management and mitigation plan shall contain a report containing, but not limited to, the following information:

1. Vicinity maps, regional 1:24,000 and local 1:4,800;

2. Location maps at a scale determined necessary and appropriate by the city;

3. A map or maps indicating the boundary of the habitat conservation areas; the width and length of all existing and proposed structures, utilities, roads, easements; wastewater and stormwater facilities; adjacent land uses, zoning districts and comprehensive plan designations;

4. A description of the proposed project including the nature, density and intensity of the proposed development and the associated grading, structures, roads, easements, wastewater facilities, stormwater facilities, utilities, etc., in sufficient detail to allow analysis of such land use change upon the habitat conservation area;

5. A detailed discussion of surface and subsurface hydrologic features both on and adjacent to the site where the city determines appropriate;

6. A description of the vegetation in the habitat conservation area, on the overall project site and adjacent to the site;

7. A detailed description of the proposed project’s effect on the habitat conservation area, and a discussion of any federal, state or local management recommendations which have been developed for the species or habitats in the area;

8. A discussion of the following mitigation alternatives as they relate to the proposal:

a. Avoiding the impact altogether by not taking a certain action or parts of an action,

b. Minimizing impacts 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 impacts,

c. Rectifying the impact by repairing, rehabilitating or restoring the affected environment,

d. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments;

9. A plan by the applicant that explains how any adverse impacts created during and by use of the proposed development will be mitigated, including without limitation the following techniques:

a. Establishment of buffer zones,

b. Preservation of critically important plants and trees,

c. Limitation of access to the habitat conservation area,

d. Seasonal restriction of construction activities,

e. Establishment of a timetable for periodic review of the plan;

10. A detailed discussion of ongoing management practices which will protect the habitat conservation area after the project site has been fully developed, including proposed monitoring, contingency, maintenance and surety programs. (Ord. 675 § 1 (Exh. A) (part), 2017: Ord. 562 § 1 (part), 2006)

4.10A.180 Definitions.

A. Except where specifically defined in this chapter, all words used in this title shall carry their customary meanings. These definitions are used in addition to those found in other ordinances, laws and/or regulations of the city, including without limitation those found in the zoning code, the land division code, the environment code, etc. Words used in the present tense include the future; the plural includes the singular; the word “shall” is always mandatory; the word “may” denotes a use of discretion in making a decision; the words “used” or “occupied” shall be considered as though followed by the words “or intended, arranged or designed to be used or occupied.” The definition of any word or phrase not listed in the definitions that is in question when administering this title shall be defined from one of the following sources, which 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:

1. Any city resolution, ordinance, code, regulation or formally adopted comprehensive plan, shoreline master program or other formally adopted land use plan;

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

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

4. The common dictionary.

B. As used in this title, the following definitions shall apply:

1. “Buffer” means an area contiguous with a critical area that is required for the integrity, maintenance, function and structural stability of the critical area.

2. “Classification” means defining value and hazard categories to which critical areas will be assigned.

3. “Clearing” means the removal of timber, rocks, brush, grass, groundcover or other vegetative matter from a site which exposes the earth’s surface of the site.

4. “Critical areas” means and includes the following areas and ecosystems:

a. “Erosion hazard areas” means areas with soils, as identified by the NRCS Soil Survey of Douglas Area, Washington that may experience “severe” to “very severe” erosion hazard.

b. “Fish and wildlife habitat areas” means those areas identified as being of critical importance to maintenance of fish, wildlife and plant species, including: areas with which endangered, threatened and sensitive species have a primary association; habitats and species of local importance; naturally occurring ponds under twenty acres and their submerged aquatic beds that provide fish or wildlife habitat; lakes, ponds, streams, and rivers; state natural area preserves and natural resource conservation areas.

c. “Frequently flooded areas” means lands in the floodplain subject to a one percent or greater chance of flooding in any given year. These areas include, but are not limited to, streams, rivers, lakes, coastal areas, wetlands, and the like.

d. “Geologically hazardous areas” means areas that because of their susceptibility to erosion, sliding, earthquake or other geological event, are not suited to siting commercial, residential or industrial development consistent with public health or safety concerns.

e. “Landslide hazard areas” means: (i) any area with a combination of: slopes greater than fifteen percent; and impermeable soils (typically silt and clay) frequently interbedded with granular soils (predominantly sand and gravel); and springs or groundwater seepage, (ii) any area that has shown movement during the Holocene epoch (ten thousand years ago to the present), or that is underlain by mass wastage debris of that epoch, (iii) any area potentially unstable as a result of rapid stream incision or stream bank erosion.

f. “Seismic hazard areas” are areas subject to severe risk of earthquake damage as a result of seismically induced settlement or soil liquefaction. These conditions occur in areas underlain by cohesionless soils of low density, usually in association with a shallow groundwater table.

g. “Wetland or wetlands” means areas 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 adopted 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, 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. Artificial wetlands are defined as those created from nonwetland sites including but not limited to irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities. However, wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands.

5. “Major development” means an activity that is required to obtain a permit from the city that is classified by Title 19 BMC as a Type III, Type IVA or Type IVB permit.

6. “Minor development” means an activity that is required to obtain a permit from the city that is classified by Title 19 BMC as a Type I, Type IIA or Type IIB permit. (Ord. 675 § 1 (Exh. A) (part), 2017: Ord. 562 § 1 (part), 2006)

4.10A.190 Administration.

The mayor or his/her designee shall have the authority and duty to administer the provisions of this title. The mayor may adopt, and revise as required, such instructions, policies and forms as are necessary to carry out the provisions of the applicable titles. (Ord. 675 § 1 (Exh. A) (part), 2017: Ord. 562 § 1 (part), 2006)

4.10A.200 Enforcement.

The provisions of Chapter 17.84 shall be applied and interpreted for the enforcement of violations of the provisions contained within these chapters. (Ord. 675 § 1 (Exh. A) (part), 2017: Ord. 562 § 1 (part), 2006)