Chapter 4.10C
CRITICAL AREA REGULATIONS FISH AND WILDLIFE HABITAT CONSERVATION AREAS
Sections:
4.10C.010 Permitted uses and activities.
4.10C.050 Fish and wildlife habitat minimum standards.
4.10C.010 Permitted uses and activities.
Uses and activities allowed within designated fish and wildlife habitat conservation areas are those uses permitted by the zoning district, subject to the provisions of this chapter. (Ord. 675 § 1 (Exh. A) (part), 2017: Ord. 562 § 1 (part), 2006)
4.10C.020 Classification.
A. Fish and wildlife habitat conservation areas are classified in accordance with the provisions of the comprehensive plan and are based on data from the Department of Fish and Wildlife Priority Species and Habitat Program (PHS). “Priority habitats” are considered to be priorities for conservation and management. “Priority species” require protective measures for their perpetuation due to their population status, sensitivity to habitat alteration, and/or recreational, commercial, or tribal importance. Priority habitat and species (PHS) maps prepared in cooperation with Douglas County based on WDFW data depict general locations of habitat conservation areas. However, because species populations and habitat systems are dynamic, site review shall be required to verify designation as a habitat conservation. (Ord. 675 § 1 (Exh. A) (part), 2017: Ord. 562 § 1 (part), 2006)
4.10C.030 Designation.
Fish and wildlife habitat conservation areas are designated in accordance with the provisions of the comprehensive plan. Map EC4 in the Map Appendix to the Comprehensive Plan designates Fish and Wildlife Habitat Conservation. (Ord. 675 § 1 (Exh. A) (part), 2017: Ord. 562 § 1 (part), 2006)
4.10C.040 Application requirements.
Repealed by Ord. 675. (Ord. 562 § 1 (part), 2006)
4.10C.050 Fish and wildlife habitat minimum standards.
The following minimum standards shall apply to all development activities occurring within designated habitat conservation areas and/or their associated buffers. For minor developments within an upland habitat conservation area, as defined herein, the city may waive the requirements for management and mitigation plans where it is determined by the city that there will be little or no impact to the habitat conservation area.
A. Aquatic habitat conservation areas shall be left undisturbed except for those activities that require an aquatic location (e.g., piers, docks, boat ramps, intakes, outfalls), and such uses shall require appropriate mitigation and enhancement measures, as determined on a site-specific basis.
B. Riparian habitat conservation areas shall be left undisturbed, unless the development proposal involves appropriate mitigation and enhancement measures, as determined on a site-specific basis.
C. Upland habitat conservation areas shall be afforded the maximum amount of protection possible through appropriate development techniques such as establishing critical area buffers, access limitations, enhancement of the habitat conservation areas, etc. To ensure long-term success of a project containing a habitat conservation area, a comprehensive habitat management and mitigation plan will be submitted to the city for its approval. Such plans will provide for sufficient monitoring and contingencies to ensure natural habitat conservation area persistence.
D. Whenever possible, the maximum amount of vegetation shall be maintained in its natural state and will be disturbed only as minimally necessary for the development.
E. Riparian vegetation shall not be removed unless there are no other alternatives available. When it is necessary, only those areas of vegetation that are absolutely unavoidable may be cleared, and shall be revegetated with natural riparian vegetation as soon as possible.
F. Revegetation of disturbed areas which re-establishes desirable native plants adapted to the site that enhance applicable fish and wildlife populations shall be as specified in the conditions for approval of the development. Said revegetation will be maintained in good growing condition, as well as kept free of noxious weeds.
G. When appropriate, fencing standards that protect wildlife, as well as providing for the operation and protection of a particular land use, shall be part of the conditions placed on approval of a development application.
H. Access restrictions shall be required as necessary to protect fish and wildlife habitat conservation areas, particularly during critical times of the year.
I. Particularly in instances where a development proposal involves more intense uses, all or part of the required open space (common and/or private) shall be dedicated to fish and wildlife habitat conservation, based on the extent and importance of the habitat.
J. In certain instances it shall be required where necessary to provide vegetation screenings and to provide controls on domestic animals to protect the function of critical habitat areas by reducing the potential for harassment from people and/or domesticated animals.
K. Appropriate buffer areas shall be maintained between all permitted uses and activities and designated habitat conservation areas.
1. All buffers shall be measured on a horizontal plane from the habitat edge, as established by the approved habitat boundary survey. For buffers adjacent to aquatic habitat conservation areas, distances shall be measured from the ordinary high water mark (OHWM), or from the top of the bank where the OHWM cannot be identified. The distance of the buffer shall be increased to include stream-side wetlands which provide overflow storage for storm waters, feed water back to the water body during low flows or provide shelter and food for fish. In braided channels, the OHWM or top of bank shall be defined so as to include the entire stream feature.
2. All buffer areas shall be temporarily fenced between the construction activity and the buffer with a highly visible and durable protective barrier during construction to prevent access and protect the designated habitat conservation area and associated buffer. This requirement may be waived by the city if an alternative to fencing which achieves the same objective is proposed and approved.
3. Except as otherwise allowed, buffers shall be retained in their natural condition. Any habitat created, restored or enhanced as compensation for approved habitat alterations shall have the standard buffer required for the category of the created, restored or enhanced habitat.
4. The width of the buffer shall be increased by the city for a development project on a case-by-case basis when a larger buffer is necessary to protect the designated habitat conservation area function and value. The determination shall be based on site-specific and project-related conditions which include without limitation:
a. The designated habitat conservation area is used for feeding, nesting and resting by species proposed or listed by the federal or state government as endangered, threatened, sensitive, candidate, monitor or critical; or if it is an outstanding potential habitat for those species or has unusual nesting or resting sites such as heron rookeries or raptor nesting trees;
b. The adjacent land is susceptible to severe erosion and erosion control measures will not effectively prevent adverse habitat impacts;
c. The proposed development adjacent to the designated habitat conservation area would be a high intensity land use.
5. Standard buffer widths may be modified by the city for a development proposal by averaging buffer widths based on a report submitted by the applicant and prepared by a qualified professional approved by the city (e.g., wildlife biologist), and shall only be allowed where the applicant demonstrates all of the following:
a. Averaging is necessary to avoid an extraordinary hardship to the applicant caused by circumstances peculiar to the property;
b. The designated habitat conservation area contains variations in sensitivity due to existing physical characteristics;
c. The width averaging will not adversely impact the designated habitat conservation area's functional value;
d. The total area contained within the buffer after averaging is no less than that contained within the standard buffer prior to averaging; and
e. The buffer width shall not be reduced, at any location, by more than twenty-five percent of the required buffer described below, and in no case may the buffer be less than twenty-five feet in width.
L. Aquatic Habitat Conservation Areas. Aquatic habitat conservation areas are those water-ward areas which support both fish and wildlife species. All development within designated aquatic habitat conservation areas shall comply with the following minimum standards:
1. Aquatic habitat conservation area buffers:
a. Water dependent uses: zero feet.
b. Non-water dependent minor development: fifty feet.
c. Non-water dependent major development: one hundred feet.
2. Riparian habitat conservation area buffers:
a. Minor development: twenty-five feet.
b. Major development: fifty feet.
c. Land divisions within designated riparian habitat conservation areas shall require a minimum lot frontage along the protective buffer or shoreline of one hundred feet, measured in a straight line, and required buffer areas shall be dedicated as open space tracts, nonbuildable lot(s), buffer areas and/or common areas, with ownership and control transferred to a homeowner’s association.
3. Upland habitat conservation area buffers:
a. Minor development: twenty-five feet.
b. Major development: fifty feet. (Ord. 675 § 1 (Exh. A) (part), 2017: Ord. 562 § 1 (part), 2006)
4.10C.060 Specific standards.
Repealed by Ord. 675. (Ord. 562 § 1 (part), 2006)