Chapter 16.16
CRITICAL AREAS REGULATION FRAMEWORK
Sections:
16.16.040 Scope and applicability.
16.16.060 Relationship to other regulations.
16.16.090 Reference maps and inventories.
16.16.100 Application and review process.
16.16.110 Reasonable use exception.
16.16.120 Nonconforming structures, uses, and activities.
16.16.130 Bonds and financial guarantees.
16.16.140 Enforcement and violation—Penalty.
16.16.150 Interpretation, conflict and severability.
Prior legislation: Ords. 1763 and 2147.
16.16.010 General authority.
This chapter is adopted under the authority of RCW 36.70A.050. (Ord. 2232 § 4 (Exh. A), 2009).
16.16.020 Purpose.
The purpose of this chapter is to regulate the use of land in and around critical areas, wildlife habitat, and natural hazard areas lying within the city and its jurisdiction in order to:
A. Bring the city into compliance with the Washington State Growth Management Act (Chapter 36.70A RCW);
B. Incorporate appropriate best available science into the regulation of critical areas, resource lands, wildlife habitat, and natural hazard areas (RCW 36.70A.172(1));
C. Promote the public health, safety and general welfare in accordance with the standards established by the state and the city;
D. Regulate development on and around critical areas in order to protect lives, property and public infrastructure;
E. 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;
F. 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;
G. Protect unique, fragile and valuable elements of the environment including without limitation wildlife and its habitat;
H. Meet the requirements of the National Flood Insurance Program and maintain the city of Centralia as an eligible community for federal flood insurance benefits; and
I. Encourage the retention of open space and development of recreational opportunities, conserve fish and wildlife habitat, and increase access to natural resource lands and water. (Ord. 2232 § 4 (Exh. A), 2009).
16.16.030 Intent.
Critical areas include geologically hazardous areas, fish and wildlife habitat protection areas, wetlands, aquifer and wellhead protection areas and floodplains. The intent of this chapter is to preserve the beneficial functions and values of critical areas, and to minimize potential dangers or public costs associated with the inappropriate use of such areas, and to manage development in or adjacent to critical areas. This chapter contains classification criteria and preservation standards for each type of critical area. Classification criteria identify physical characteristics by which critical areas are designated. Preservation standards protect critical areas from degradation caused by improper development. These criteria and standards will secure the public health, safety and welfare by:
A. Reducing risk of damage due to erosion, flooding, and landslides;
B. Reducing the risks to the public from personal injury, loss of life, or property damage;
C. Maintaining surface water quality and protecting groundwater areas which help recharge (purify or resupply) rivers, streams, and aquifers;
D. Maintaining and protecting priority fish and wildlife habitats;
E. Maintaining and protecting priority habitat of threatened and endangered wildlife species;
F. Maintaining the water quality and quantity to meet human and wildlife needs;
G. Minimizing the loss of life, injury, and property damage due to natural hazards such as flooding, landslides, seismic events, and volcanic eruptions, minimizing the need for emergency rescue, and avoiding the cost of replacing public facilities;
H. Recognizing and addressing the cumulative adverse impacts that could degrade or deplete water resources, wetlands or fish and wildlife habitat, or exacerbate flooding and landslide hazards;
I. Alerting the public to the development limitations and hazards associated with critical areas;
J. Implementing the goals, policies, guidelines, and requirements of the Centralia comprehensive plan and the Washington State Growth Management Act, including incorporation of best available science in the designation, protection, and management of critical areas, with special consideration for the protection of anadromous fish. (Ord. 2232 § 4 (Exh. A), 2009).
16.16.040 Scope and applicability.
A. This chapter applies to any public or private activity or action which would alter the condition of any land, water or vegetation, or construct or alter any structure or improvement regulated by this title, on any land which meets the classification standards for any critical area defined herein. Such activities or actions include but are not limited to:
1. Building, demolition, clearing, grading, grubbing, filling;
2. Subdivisions and short plats;
3. Reclassifications, site plan approvals, shoreline developments and special and conditional use permits;
4. Temporary use permits, variances, exceptions and waivers.
B. The regulations of the critical area chapters shall apply to all development, activity, actions, uses and construction proposed or undertaken within the jurisdiction of the city.
C. The critical area chapters shall apply to all properties which are designated as critical areas by the city. Properties containing portions of critical areas are subject to the critical area chapters. When the requirements of the critical area chapters are in conflict with other city of Centralia ordinances or regulations, the more restrictive shall apply as determined by the director.
D. Where one site is classified as containing two or more critical areas, the project shall meet the minimum standards and requirements for each identified critical area as set forth in this chapter. (Ord. 2232 § 4 (Exh. A), 2009).
16.16.050 Access.
A. Access to Enable Administration of This Chapter. Property owners shall, as a requirement of critical area permits issued pursuant to this chapter, grant access to the city for the purpose of identifying, inspecting, monitoring, and taking such actions as are necessary to enforce this chapter. City officials will make a reasonable effort to contact the property owner before entering onto private property. (Ord. 2232 § 4 (Exh. A), 2009).
16.16.060 Relationship to other regulations.
A. Variance applications from the provisions of the zoning regulations shall be made according to the provisions of CMC Title 20.
B. The critical area regulations establish minimum standards which are to be applied to specific activities in critical areas in order to achieve the purposes stated. In no way are the critical area regulations intended to limit the application of SEPA or any other city, county, state or federal law or regulation. (Ord. 2232 § 4 (Exh. A), 2009).
16.16.070 Permitted uses.
Uses permitted on properties designated as critical areas shall be the same as those permitted by the underlying zone classification and the city of Centralia shoreline master program unless otherwise indicated by specific critical area regulations. (Ord. 2232 § 4 (Exh. A), 2009).
16.16.080 Exemptions.
An exemption means that an activity is fully exempt from critical areas review, and not subject to the provisions of this chapter. The proponent of the activity may submit a written subject request for exemption to the director that describes the activity and states the exemption listed in this section that applies. The director shall review the request to verify that it complies with this chapter and approve or deny the exemption as an administrative decision. All exempted activities shall use best management practices to the greatest extent to avoid potential impacts to critical areas. The following developments, activities and associated uses shall be exempt:
A. Agricultural activities on existing agricultural properties when such activities directly relate to the continuing 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 the city of Centralia’s jurisdiction; provided, that forest practice conversions are not exempt;
C. Passive Outdoor Activities. Fishing, birdwatching, hiking, boating, horseback riding, swimming, canoeing, bicycling, education, scientific research, and use of nature trails;
D. Existing Infrastructure Maintenance and Repair. Maintenance and repair of legally existing roads, utilities, infrastructure and associated facilities;
E. Activities Within an Existing and Maintained Right-of-Way. Construction of new utility facilities, improvements or upgrades to existing utility facilities that take place within the existing improved right-of-way or existing impervious surface that do not increase the amount of impervious surface;
F. Normal maintenance or repair of existing 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 recently adopted IBC 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 department within six months of the event and repair is completed within the terms of the permit;
G. 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. After the completion of emergency actions, the person or agency undertaking the action shall fully restore and/or mitigate any impacts to the critical area and buffers resulting from the action in accordance with an approved critical area report and mitigation plan. Restoration and/or mitigation activities must be completed within one year of the date of the emergency. Federal and/or state permits may be required;
H. 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; and
I. 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. That the project would not result in adverse impacts to any critical area. (Ord. 2232 § 4 (Exh. A), 2009).
16.16.090 Reference maps and inventories.
The distribution of critical areas within the city of Centralia is described and displayed in reference materials and on maps maintained by the department and various state and federal agencies. These 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 of Centralia, applicants and other participants in the development permit process that a resource land or critical area may exist and that further study, review and consideration may be necessary. The burden and costs associated with further delineation of critical areas shall be borne by project applicants. These reference materials shall include the most up to date maps available and are not limited to the following:
A. Maps.
1. City of Centralia Lakes, Rivers and Streams Map (2009), as amended;
2. City of Centralia Wetlands Map (2009), as amended;
3. City of Centralia Steep Slopes Map (2009), as amended;
4. City of Centralia Floodplain Map (2009), as amended;
5. City of Centralia Zero Rise Floodplain Overlay Map (2009), as amended;
6. City of Centralia Critical Aquifer Recharge Area Map (2009), as amended;
7. Flood Insurance Rate Maps (1982);
8. Flood Boundary and Floodway Maps (1982);
9. U.S. Fish and Wildlife Service National Wetlands Inventory, as amended;
10. USGS 7.5 Minute Series Topographic Quadrangle Maps;
11. Aerial photos; and
12. WDFW Priority Habitats and Species and Wildlife Heritage Maps and Data (2001), as amended.
B. Documents.
1. Approved special reports previously completed for a subject property;
2. The Flood Insurance Study for the Unincorporated Areas (1982);
3. The Flood Insurance Study for the City of Centralia (1982);
4. City of Centralia Comprehensive Plan (2007), as amended;
5. City of Centralia Design and Development Guidelines (2008), as amended;
6. City of Centralia Flood Management and Natural Hazards Mitigation Plan (2008), as amended;
7. Lewis County Shoreline Master Program, as amended;
8. Natural Resources Conservation Service Soil Survey—Lewis County Soils Survey (1987);
9. Approved Federal Wetland Delineation Manual and applicable regional supplements;
10. Washington State Wetlands Identification and Delineation Manual (Publication No. 96-94), as amended;
11. Washington State Wetlands Rating System for Western Washington (Revised, Publication No. 14-06-029, October 2014), as amended;
12. Wetlands in Washington State, Volume 1: A Synthesis of Science (Publication No. 05-06-006, March 2005), as amended;
13. Wetlands in Washington State, Volume 2: Managing and Protecting Wetlands (Publication No. 05-06-008, April 2005), as amended;
14. Wetland Mitigation in Washington State, Part 1: Agency Policies and Guidance (Version 1, Publication No. 06-06-011a, March 2006), as amended;
15. Wetland Mitigation in Washington State, Part 2: Developing Mitigation Plans (Version 1, Publication No. 06-06-011b, March 2006), as amended;
16. Management Recommendations for Washington’s Priority Habitats and Species, May 1991, as amended;
17. Management Recommendations for Washington’s Priority Habitats—Riparian (1997), as amended; and
18. Priority Habitats and Species List (2008), as amended. (Ord. 2396 § 2, 2017: Ord. 2232 § 4 (Exh. A), 2009).
16.16.100 Application and review process.
A. A critical area permit (CAP) application is required for all of the uses and activities listed in Table 1.
|
|
Community Development Director/Shoreline Administrator |
Hearing Examiner |
Superior Court/Shoreline Hearings Board |
|---|---|---|---|
|
Permit |
Recommendation/ Approval |
Decision/Appeal |
Appeal Consistent with CMC Title 20, Zoning |
|
Uses and activities identified in this chapter |
Decision |
Appeal |
Appeal Consistent with CMC Title 20, Zoning |
|
Critical area permit (CAP) |
Decision |
Appeal |
Appeal Consistent with CMC Title 20, Zoning |
|
Aquifer recharge map amendment rating system determination |
Decision |
Appeal |
Appeal Consistent with CMC Title 20, Zoning |
|
Critical area buffer or riparian habitat area width reduction/ increase/reconfiguration |
Decision |
Appeal |
Appeal Consistent with CMC Title 20, Zoning |
|
Wetland mitigation plan |
Decision |
Appeal |
Appeal Consistent with CMC Title 20, Zoning |
|
Emergency authorization |
Decision |
Appeal |
Appeal Consistent with CMC Title 20, Zoning |
|
Reasonable use exception |
Recommendation |
Decision |
Appeal Consistent with CMC Title 20, Zoning |
|
Permit extensions |
Decision |
Appeal |
Appeal Consistent with CMC Title 20, Zoning |
B. Submittal Requirements. Applicants for a CAP shall submit to community development a completed city CAP application along with all of the applicable information specified in each chapter. Applications shall not be deemed complete until and unless all information necessary to evaluate the proposed activity, its impacts, and its compliance with the provisions of the chapter have been provided to the satisfaction of the city. Such determination of completeness shall not be construed as approval or denial of the permit application.
C. Coordination with Other Application Reviews.
1. Review in Conjunction with Related Applications. For uses and activities requiring a Type II or III review process (as described in CMC Title 20), the CAP shall be issued concurrently with any associated SEPA determination or Type II permit decision and the appeal periods shall be simultaneous. If a Type III project is not subject to SEPA, the CAP decision shall be issued and the appeal period shall expire at least ten calendar days before the public hearing.
2. Shoreline Master Program. When the provisions of the city of Centralia shoreline master program conflict with the provisions of this chapter, the provisions most protective of the critical area shall apply.
3. Subject to All Applicable Requirements. A use or activity that is governed by this chapter and other city regulations is subject to the provisions of each code. If compliance with this chapter together with applicable city regulations or plans is physically impossible, the provisions of this chapter shall govern, unless it would jeopardize public safety.
D. Review Process and Approval Authority.
1. Permit Review Process. Applications for permits or approvals listed in Table 1 shall be subject to a Type I, Type II, or Type III review, notice, and approval process, as described in CMC Title 20.
2. Rejection of an Application. In addition to the requirements of CMC Title 20 pertaining to complete applications, the approval authority may reject all or part of an application and supporting information, including any required special report, based upon:
a. Factual errors or omissions; or
b. Inconsistencies between the submitted materials and observable data and accepted scientific or technical criteria; or
c. Faulty analysis or analytical procedures.
3. Decisions. The approval authority may approve, deny, or approve with conditions proposed uses and activities consistent with the applicable provisions of this chapter. The city shall issue a decision for each application involving a critical area and/or its associated buffer in accordance with the applicable Type I, II, or III review process described in CMC Title 20.
4. Resubmittal of Denied Permit Applications. A critical area permit which has been denied may be modified and resubmitted.
E. Appeals. Administrative decisions may be appealed pursuant to CMC Title 20; provided, that if the proposal is subject to SEPA, the appeal periods for the CAP shall be as specified in this section. Hearing examiner decisions may be appealed pursuant to Chapter 2.18 CMC.
F. Authorized Activity Time Period.
1. Permit Duration. Authorization to undertake regulated uses and activities within critical areas, associated buffers, and riparian management zones shall be valid for the specific time period established in any associated development permit (e.g., building permit, shoreline permit and special use authorization), except when otherwise established by the approval authority pursuant to this chapter. CAPs for projects that do not require an additional city permit shall be valid for three years unless otherwise specified in the permit.
2. Permit Extension. Prior to deciding whether to grant a requested extension to a permit for a period of three years, the community development director may require updated studies if needed. If the director determines that the development would be enlarged or significantly altered through the renewal, or if the applicant failed to abide by the terms of the original permit, the extension may be denied. Extensions may also be limited by other associated permits (e.g., shoreline permit, building permit, etc.).
G. The director may refer applications for critical area permits to appropriate federal, state, local, and city agencies and departments for review and comment.
H. The director may apply conditions to the approval in order to ensure the conformance with standards and policies and to ensure that construction occurs in compliance with the standards and other conditions.
I. Costs of compliance with Chapters 16.16 through 16.23 CMC are the responsibility of the party seeking the permit. (Ord. 2396 § 3, 2017: Ord. 2232 § 4 (Exh. A), 2009).
16.16.110 Reasonable use exception.
An exception means that an activity may receive special consideration and relief from certain provisions of Chapters 16.16 through 16.23 CMC, but the activity is subject to Chapters 16.16 through 16.23 CMC, and must undergo full critical areas review. An applicant may apply for a reasonable use exception if it can be demonstrated that application of this chapter would deny all reasonable use of the subject property.
The hearing examiner may grant a reasonable use exception if strict adherence to the provisions of this chapter would deny minimal reasonable use of the property, or to allow a necessary use or activity which is prohibited or not allowed as proposed by this chapter.
A. Submittal Requirements. Applications for reasonable use exceptions and any supporting information shall be filed with community development on a form provided by that department. The applications shall contain the following information:
1. A description of the proposed development, including the proposed site plan;
2. Any required special reports;
3. Alternatives to the proposal that were considered and the reasons why they were rejected;
4. Deviations from the provisions of this chapter needed to accommodate the proposed development;
5. Delineation of setbacks required by CMC Title 20, relative to critical areas and associated buffers;
6. Identification and evaluation of the potential impacts the proposed development would have on critical area(s), associated buffer(s) and their functions;
7. Analysis of how the project meets the review criteria listed below; and
8. Any other information the city deems necessary in order to make a determination regarding the request.
B. Review Criteria.
1. The application of this chapter would deny all reasonable use of the property;
2. No other reasonable use of the property has less impact on the critical area;
3. Any alteration to a critical area and/or its associated buffer or impairment of critical area and buffer functions is the minimum necessary to allow minimal reasonable use of the property; and
4. Situation Not Created by Owner. The applicant’s inability to derive reasonable use of the property is not the result of their actions after the effective date of this title or its predecessor.
C. Permitting authority for critical areas within the shoreline jurisdiction is under the shoreline master program (SMP). This section is not applicable to critical areas located within the shoreline jurisdiction unless specifically adopted by the SMP. See the Centralia shoreline master program for permitting information in these areas. (Ord. 2396 § 4, 2017: Ord. 2232 § 4 (Exh. A), 2009).
16.16.120 Nonconforming structures, uses, and activities.
An established use or existing structure that was lawfully permitted prior to the adoption of this chapter, but which is not in compliance with this chapter, may continue, subject to the provisions of Chapter 20.93 CMC and the shoreline master program. (Ord. 2396 § 5, 2017: Ord. 2232 § 4 (Exh. A), 2009).
16.16.130 Bonds and financial guarantees.
The director may require an applicant to submit a financial guarantee to the city to guarantee any performance, mitigation, maintenance, 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 one hundred fifty 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.
Irrevocable letters of credit or escrow bonds shall be executed by financial institutions acceptable to the city and authorized to conduct business in the state of Washington, and must be in the form approved by the city. The bond or letter of credit as required by this section must be posted prior to building permit issuance. The length of time a bond will be held for is determined during the permitting process and based upon the requirements of each individual section of the critical areas ordinance with the addition of one year, if applicable.
Upon completion, inspection, approval, and acceptance of the performance, mitigation, maintenance or monitoring, the security, less fifteen percent, shall be released to the developer. The fifteen percent shall be held for a minimum of one year following final inspection and acceptance to warrant performance, mitigation, maintenance or monitoring for this time period, if applicable.
The director shall require the applicant to post a cash performance bond or other security acceptable to the director in an amount and with surety and conditions sufficient to fulfill the requirements of Chapters 16.16 through 16.23 CMC and any applicable conditions of approval. The amount and the conditions of the bond shall be consistent with the purposes of this chapter. The director shall release the bond when all activities have been completed consistent with this chapter and when a maintenance bond has been posted.
The director shall require the holder of an approval issued pursuant to this chapter to post a cash performance bond or other security acceptable to the director in an amount and with surety and conditions sufficient to guarantee that structures, improvements, and mitigation required by the permit or by this chapter perform satisfactorily for a period of three to ten years after they have been completed. The director shall release the maintenance bond upon determining that performance standards established for evaluating the effectiveness and success of the structures, improvements, and/or compensatory mitigation have been satisfactorily met for the required period. (Ord. 2232 § 4 (Exh. A), 2009).
16.16.140 Enforcement and violation—Penalty.
A. No regulated activity, as defined in this chapter, shall be conducted without a permit and without full compliance with this chapter. All activities not allowed or conditionally approved shall be prohibited.
B. The community development director (CDD) shall have authority to enforce this chapter, issue delineation verifications, permits, and violation notices, and process violations through the use of administrative orders, stop work orders, and/or civil and criminal actions as provided for herein, and as listed in CMC Title 20.
C. In the event of a violation, the CDD shall have the authority to order restoration, enhancement, or creation measures to compensate for the destroyed or degraded critical area. If work is not completed in a reasonable time following the order, the CDD may implement a process to restore or enhance the affected site. This includes but is not limited to creation of new wetlands or streams to offset loss as a result of violation of the provisions in this chapter. The violator shall be liable for all costs of such action, including administrative costs.
D. Failure to comply with an administrative order of the CDD under this section shall constitute a violation subject to enforcement pursuant to this section.
1. Damages. The city may recover all costs, fees, and expenses in connection with enforcement actions as damages against the violator.
2. Liability. The owner of property on which a violation of this chapter has occurred and the persons or entities carrying out actions in violation of this chapter are each responsible and liable for the violation.
3. Aiding or Abetting. Any person who, through an act of commission or omission procedures, aids or abets in the violation shall be considered to have committed a violation for the purposes of the penalty.
E. Any violation of any provision of this chapter, or failure to comply with any of the requirements of this chapter, shall be subject to the terms and conditions of Chapter 20.102 CMC. (Ord. 2232 § 4 (Exh. A), 2009).
16.16.150 Interpretation, conflict and severability.
A. Interpretation. In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare. These regulations shall be construed broadly to promote the purposes for which they are adopted.
B. Conflict. These regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, state, or other provision of law except as provided in these regulations. Where any provision of these regulations imposes restrictions different from those imposed by any other provision of these regulations or any other ordinance, rule or regulation, or other provision of law, the provision which is more restrictive or imposes higher standards shall control.
C. Severability. If any section, paragraph, subsection, clause, or phrase of Chapters 16.16 through 16.23 CMC is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of Chapters 16.16 through 16.23 CMC. (Ord. 2232 § 4 (Exh. A), 2009).
16.16.160 Definitions.
A. Undefined Words and Phrases. 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:
1. Any city resolution, ordinance, code or regulation;
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. 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. Action refers to process(es) performed by the developer to the physical environment.
“Activity” means any application for the following actions: building permit creating additional habitable space in a residential structure as defined by the Uniform Building Code; building permit for a nonresidential structure; a land use review or other similar discretionary review.
“Alteration” means any human-induced change in an existing condition of a critical area or its buffer. Alterations include, but are not limited to, clearing, grubbing, grading, filling, channelizing, dredging, clearing (vegetation), construction, compaction, excavation, or any other activity that changes the character of the critical area. Alteration refers to the state of the physical environment either before, during or after action(s) taken by a developer.
“Anadromous fish” means fish that spawn and rear in freshwater and mature in the marine (salt water) environment.
“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” means a geological formation, group of formations, or part of a formation that is capable of yielding a significant amount of water to a well or spring.
“Aquifer recharge area” means areas that, due to the presence of certain soils, geology, and surface water, act to recharge groundwater by percolation.
“Best available science” means current scientific information used in the process to designate, protect, or restore critical areas, that is derived from a valid scientific process as defined by WAC 365-195-900 through 365-195-925. Sources of best available science are included in Citations of Recommended Sources of Best Available Science for Designating and Protecting Critical Areas published by the State Office of Community, Trade and Economic Development, as written or hereafter amended.
“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.
“Buffer” or “buffer zone” means an area that is contiguous to and protects a critical area which is required for the continued maintenance, functioning, and/or structural stability of a critical area.
“Buildable area” or “developable area” means an area outside of critical areas and the critical area buffers.
“Building official” means the city staff person responsible for the administration of the International Building Code or his or her designee.
“Building setback” means a distance where no structures may be built.
“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.
“Compensatory mitigation” means replacing, restoring or rehabilitating streams, wetlands, wetland functions and other aquatic resources for the purpose of offsetting unavoidable adverse impacts after all appropriate avoidance and minimization measures have been determined unfeasible.
“Conservation easement” means a legal restriction placed on a piece of property to protect the resources (natural or manmade) associated with the parcel. It restricts the type and amount of activities that can take place on a parcel of land. Easements are recorded on the property deed and are held in trust by a conservation easement holder such as a land trust or government agency. The holder polices the terms of the easement for the duration of its existence, which is usually into perpetuity.
“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 wetlands, flood hazard areas, fish and wildlife habitat areas, landslide hazard areas, and critical aquifer recharge areas.
“Deed restriction” means clauses in a deed limiting the future uses of the property. Deed restrictions may impose a vast variety of limitations and conditions. For example, for a compensatory mitigation site, a deed restriction may limit the allowed activities on the site based on the goals and objectives of the site. If the site is primarily for wildlife habitat, human access may be restricted.
“Development” means any building, construction, renovation, mining, extraction, or drilling activity or operation; any material change in the use or appearance of any structure or in the land itself; the division of land into parcels; any change in the intensity or use of land, such as an increase in the number of dwelling units in a structure or a change to a commercial or industrial use from a less intensive use; any activity that alters or impacts the functions of a shore, river, stream, lake, pond, canal, woodlands, wetland, endangered species habitat, aquifer, floodplain, steep slope or other environmentally sensitive area. Development activity does not include the following activities: (1) interior building improvements; (2) exterior structure maintenance activities, including painting and roofing; (3) routine landscape maintenance of established, ornamental landscaping, such as lawn mowing, pruning, and weeding; (4) maintenance of the following existing facilities that does not expand the affected area: septic tanks (routine cleaning); wells; individual utility service connections; and individual cemetery plots in established cemeteries.
“Director” means the director of the city of Centralia department of community development or his or her designee.
“Ecology Department” means the Washington State Department of Ecology (DOE).
“Emergent wetland” means a regulated wetland with at least thirty percent of the surface area covered by erect, rooted, herbaceous vegetation as the uppermost vegetative strata.
“Existing and ongoing agriculture” includes those activities conducted on lands defined in RCW 84.34.020(2), and those activities involved in the production of crops or livestock, for example, the operation and maintenance of farm and stock ponds or drainage ditches, operation and maintenance of existing ditches, irrigation systems including irrigation laterals, canals, or irrigation drainage ditches, changes between agricultural activities, and normal maintenance, repair, or operation of existing serviceable structures, facilities, or improved areas, and the installation of new drainage ditches that are an integral part of an ongoing agricultural practice. Activities which bring an area into agricultural use are not part of an ongoing operation. An operation ceases to be ongoing when the area on which it is conducted is converted to a nonagricultural use or has lain idle for more than five years, unless the idle land is registered in a federal or state soils conservation program, or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity. Forest practices are not included in this definition.
“Exotic” means any species of plants or animals that are not native to the planning area.
“Extraordinary hardship” means strict application of this chapter and/or programs adopted to implement this chapter by the city council would prevent all reasonable economic use of the parcel.
“Facility” 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.
“Federally listed species” means species of fish or wildlife listed as threatened or endangered under the federal Endangered Species Act (ESA), species proposed for listing under the ESA, and candidate species for listing.
“Financial guarantee” means a letter of credit, certified bond, assignment of funds or other instrument acceptable to the city to insure 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.
“Forested wetland” means a regulated wetland with at least twenty percent area coverage by woody vegetation greater than 20 feet in height. Woody vegetation (i.e., trees) must be rooted, either entirely or in part, within the wetland.
“Functions,” “beneficial functions,” or “functions and values” means the beneficial roles served by critical areas including, but not limited to, water quality protection and enhancement, fish and wildlife habitat, food chain support, flood storage, conveyance and attenuation, groundwater recharge and discharge, erosion control, wave attenuation, historical and archaeological and aesthetic value protection, and recreation. These beneficial roles are not listed in order of priority.
“Grading” means excavation, filling, or any combination thereof. Excavation and grading is governed by the International Building Code (IBC).
“Groundwater” means all waters that exist beneath the land surface or beneath the bed of any stream, lake or reservoir, or other body of surface water.
“Hazardous substance(s) or material(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 as defined in WAC 173-303-090 or 173-303-100.
“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 and 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 and 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.
“High quality wetlands” are those regulated wetlands which meet the following criteria:
1. Limited, or no, human alteration of wetland structure and functions including topography, water quality, hydrology, and vegetation;
2. If the wetland has been historically altered, evidence that wetland structure and functions have largely recovered to pre-alteration conditions; and
3. The cover and frequency of exotic plant species does not exceed twenty percent of the surface area of the wetland.
“Hydric soil” means a soil that is saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper horizon(s). The presence of hydric soil shall be determined following the methods described in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands and the appropriate regional supplements, as amended.
“Hydrologically distinct wetlands” means those regulated wetlands which:
1. Are outside of and not contiguous to any one-hundred-year floodplain of a lake, river, or stream; and
2. Have no contiguous hydric soil or hydrophytic vegetation between the wetland and any surface water.
“Hydrophytic vegetation” means macrophytic plant life growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. The presence of hydrophytic vegetation shall be determined following the methods described in the adopted federal wetland delineation manual and the appropriate regional supplements, as amended.
“In-kind compensation” means to replace wetlands with substitute wetlands whose characteristics closely approximate those destroyed or degraded by a regulated activity. It does not mean replacement “in-category.”
“Landslide area” means those areas susceptible to disintegration or collapse due to combinations of bedrock, soil, slope gradient, slope aspect, hydrology, and other identified factors.
“Mine hazard areas” means areas that are underlain by, adjacent to, or affected by mine workings such as adits, gangways, tunnels, drifts, or airshafts, and those areas of probable sinkholes, gas releases, or subsidence due to mine workings. Factors that should be considered include: proximity to development, depth from ground surface to the mine working, and geologic material.
“Mitigation” means avoiding, minimizing, or compensating for adverse critical areas impacts. Mitigation, in the following sequential order of preference, is:
1. Avoiding the impact altogether by not taking a certain action or parts of an action;
2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology, or by taking affirmative steps, such as project redesign, relocation, or timing, to avoid or reduce impacts;
3. Rectifying the impact to wetlands, critical aquifer recharge areas, and habitat conservation areas by repairing, rehabilitating, or restoring the affected environment to the conditions existing at the time of the initiation of the project;
4. Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineered or other methods, provided the engineered method creates the minimum disturbance necessary to mitigate the action, and the method does not adversely impact categories of critical areas other than those being mitigated;
5. Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the life of the action;
6. Compensating for the impact to wetlands, critical aquifer recharge areas, and habitat conservation areas by replacing, enhancing, or providing substitute resources or environments; and
7. Monitoring the hazard or other required mitigation and taking remedial action when necessary.
“Native vegetation” means plant species which are indigenous to the area in question.
“Nonexempt activity” means any activity which is not exempted from the development standards of the critical area chapters.
“Off-site compensation” means to replace wetlands away from the site on which a wetland has been impacted by a regulated activity.
“On-site compensation” means to replace wetlands at or adjacent to the site on which a wetland has been impacted by a regulated activity.
“Out-of-kind compensation” means to replace wetlands with substitute wetlands whose characteristics do not closely approximate those destroyed or degraded by a regulated activity. It does not refer to replacement “out-of-category.”
“Practical alternative” means an alternative that is available and capable of being carried out after taking into consideration costs, existing technology, and logistics in light of overall project purposes, and having less impacts to regulated wetlands.
“Primary association” means use of a habitat by a species for rearing young, roosting, breeding, or foraging on a regular basis during the appropriate season. Primary association for fish shall include all aquatic environments in which they reside, as well as riparian environments necessary to support the formation and function of the aquatic environment.
“Priority habitats” means a habitat type or elements with unique or significant value to one or more species as classified by the Washington State Department of Fish and Wildlife. A priority habitat may consist of a unique vegetation type or dominant plant species, a described successional state, or a specific structural element.
“Priority species” means those species that are of concern due to their population status and their sensitivity to habitat manipulation. Priority species include those which are state listed endangered, threatened and sensitive species.
“Qualified professional” means a person with experience and training in the pertinent scientific discipline, and who is a qualified scientific expert with expertise appropriate for the relevant critical area subject in accordance with WAC 365-195-905(4). A qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology, engineering, environmental studies, fisheries, geomorphology, or related field, and five years of related work experience.
1. A qualified professional for habitats must have a degree in biology and professional experience related to the subject species.
2. A qualified professional for wetlands must be a certified professional wetland scientist or a noncertified professional wetland scientist with a minimum of five years experience in the field of wetland science and with experience preparing wetland reports.
3. A qualified professional for a geological hazard must be a professional civil or geotechnical engineer with experience in the field, or geologist, licensed in the state of Washington.
4. A qualified professional for critical aquifer recharge areas means a hydrogeologist, geologist, engineer, or other scientist with experience in preparing hydrogeologic assessments.
“Repair or maintenance” means an activity that restores the character, scope, size, and design of a serviceable area, structure, or land use to its previously authorized and undamaged condition. Activities that change the character, size, or scope of a project beyond the original design and drain, dredge, fill, flood, or otherwise alter additional regulated wetlands are not included in this definition.
“Restoration” means actions performed to reestablish wetland functional characteristics and processes which have been lost by alterations, activities, or catastrophic events within an area which no longer meets the definition of a wetland.
“Riparian habitat” means areas adjacent to aquatic systems with flowing water that contain elements of both aquatic and terrestrial ecosystems that mutually influence each other. The width of these areas extends to that portion of the terrestrial landscape that directly influences the aquatic ecosystem by providing shade, fine or large woody material, nutrients, organic and inorganic debris, terrestrial insects, or habitat for riparian-associated wildlife.
“Scrub-shrub wetland” means a regulated wetland with at least thirty percent of its surface area covered by woody vegetation less than twenty feet in height as the uppermost strata.
“Section 404 permit” means a permit issued by the U.S. Army Corps of Engineers for the placement of dredge or fill material or clearing in waters of the United States, including wetlands, in accordance with 33 USC Section 1344. Section 404 permits may also be for endangered species consultation. They require a consultation under Section 7 of the Federal Endangered Species Act.
“Serviceable” means presently usable.
“Shorelands or shoreland areas” means those lands extending landward for two hundred feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward two hundred feet from such floodways; and all wetlands and river deltas associated with the streams, lakes, and tidal waters which are subject to the provisions of Chapter 90.58 RCW.
“Shorelines” means all of the water areas of the state as defined in RCW 90.58.030, including reservoirs and their associated shorelands, together with the lands underlying them except:
1. Shorelines of statewide significance;
2. Shorelines on segments of streams upstream of a point where the mean annual flow is twenty cubic feet per second or less and the wetlands associated with such upstream segments; and
3. Shorelines on lakes less than twenty acres in size and wetlands associated with such small lakes.
“Shorelines of the state” means the total of all “shorelines,” as defined in RCW 90.58.030(2)(d), and “shorelines of statewide significance” within the state, as defined in RCW 90.58.030(2)(c).
“State listed species” means species of fish and wildlife that are listed as threatened, endangered, or sensitive by the state of Washington, as indicated by the Washington Department of Fish and Wildlife’s Priority Habitats and Species List.
“Unavoidable and necessary impacts” are impacts to regulated wetlands that remain after a person proposing to alter regulated wetlands has demonstrated that no practicable alternative exists; except that a person proposing to alter a prior converted cropland is not required to demonstrate that no practicable alternatives exist.
“USGS” means the United States Geological 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 and sanitary sewers.
“Water-dependent” means requiring the use of surface water that would be essential to fulfill the purpose of the proposed project.
“Waters of the state” means water defined in WAC Title 222, the Forest Practice Rules and Regulations; further defined as the classification system established in WAC 222-16-030 and 222-16-031 as exists now or hereafter amended.
“Well or wellhead” means any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed when the intended use of an excavation is for the location, diversion, artificial recharge, or withdrawal of groundwater.
“Wellhead protection area (WHPA)” means the surface or subsurface area surrounding a municipal water well or well-field through which contaminants are reasonably likely to move toward and reach such water well or well-field within six months, one year, five years and ten years. WHPAs are areas that are defined for the purpose of water resource management. WHPAs generally include areas identified as capture zones and may include additional areas to account for uncertainties in the delineation of the capture zones.
“Wetland buffers or wetland buffer zones” means an area that surrounds and mitigates the adverse impacts to the functions and values of a regulated wetland.
“Wetland classes, classes of wetlands or wetland types” means the descriptive classes of the wetlands taxonomic classification system of the U.S. Fish and Wildlife Service (Cowardin, et al., 1979).
“Wetland edge” means the boundary of a wetland as delineated based on the provisions contained in this chapter.
“Wetland mosaic” means a patchwork of wetlands that is considered one unit where each patch of wetland is less than one acre; each patch is less than one hundred feet apart on average; and the areas delineated as vegetated wetland are more than fifty percent of the total area of the wetlands and uplands together.
“Wetland permit” means any permit issued, conditioned or denied specifically to implement this chapter.
“Wetland rating system” means the procedure detailed in Washington State Wetland Rating System for Western Washington—Revised, Washington State Department of Ecology Publication No. 14-06-029, October 2014, as amended.
“Wetlands” means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, 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. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands. (Ord. 2396 § 6, 2017: Ord. 2232 § 4 (Exh. A), 2009).