Chapter 17.25
FISH AND WILDLIFE HABITAT AREAS
Sections:
17.25.030 Water bodies – Buffers.
17.25.031 Water bodies – Buffer averaging.
17.25.032 Water bodies – Buffer increase.
17.25.040 Water bodies – Allowed uses.
17.25.050 Other fish and wildlife habitat conservation areas.
17.25.060 Review and reporting requirements.
17.25.070 Mitigation standards.
17.25.080 Development standards for adjacent development.
17.25.010 Designation.
A. Fish and wildlife habitat conservation areas are those areas identified as being of critical importance to the maintenance of certain fish, wildlife, and/or plant species. These areas are typically identified either by known point locations of specific species (such as a nest or den) or by habitat areas or both. All areas within the city meeting these criteria are hereby designated critical areas and are subject to the provisions of this chapter.
B. For purposes of this chapter, fish and wildlife habitat conservation areas shall include all of the following:
1. The Washington State Department of Fish and Wildlife Priority Habitats and Species Recommendations for Species and Habitats, for:
a. Endangered species listed at WAC 232-12-014;
b. Threatened species listed at WAC 232-12-001;
c. Sensitive species listed at WAC 232-12-011;
2. Bald eagle habitat pursuant to WAC 232-12-292;
3. Endangered or threatened species listed in accordance with the federal Endangered Species Act together with the areas with which they have a primary association;
4. State natural area preserves and natural resource conservation areas including:
a. Department of Natural Resources (DNR) designated natural areas preserves (NAP) and natural resource conservation areas (NECA);
b. Washington Department of Fish and Wildlife (WDFW) designated wildlife recreation areas (WRA);
5. Waters of the state as defined in RCW 77.55.011 and RCW 90.56.010, including shorelines of the state as defined in RCW 90.58.010;
6. Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat;
7. Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity.
C. In addition to the species and habitats identified in subsection (B) of this section, the city may designate additional species and/or habitats of local importance as follows:
1. In order to nominate an area or a species to the category of locally important an individual or organization must:
a. Demonstrate a need for special consideration based on:
i. Declining population;
ii. High sensitivity to habitat manipulation; or
iii. Demonstrated commercial, recreational, cultural, or other special value;
b. Propose relevant management strategies considered effective and within the scope of this chapter; and
c. Provide a map showing the species or habitat location(s).
2. Submitted proposals shall be reviewed by the city and may be forwarded to the State departments of Fish and Wildlife, Natural Resources, and/or other local, state, federal, and/or tribal agencies or experts for comments and recommendations regarding accuracy of data and effectiveness of proposed management strategies.
3. If the proposal is found to be complete, accurate, and consistent with the purposes and intent of this chapter, the city planning commission will hold a public hearing to solicit comment. Approved nominations will become designated locally important habitats or species and will be subject to the provisions of this chapter. [Ord. 849B § 6, 2009.]
17.25.020 Water bodies.
A. Streams shall be designated in accordance with the Washington State Department of Natural Resources (DNR) stream type as provided in WAC 222-16-030 with the following provisions:
1. Type S Water. All waters inventoried as “shorelines of the state” under Chapter 90.58 RCW and the rules promulgated pursuant to Chapter 90.58 RCW, including periodically inundated areas of their associated wetlands.
2. Type F-A Water. Segments of natural waters, other than Type S Waters, which are within defined channels greater than 10 feet in width, as defined by the OHWM and periodically inundated areas of their associated wetlands or within lakes, ponds, or impoundments having a surface area of one-half acre or greater at seasonal low water and which in any case contain fish habitat.
3. Type F-B Water. Segments of natural waters, other than Type S Waters, which are within defined channels less than 10 feet in width, as defined by the OHWM, or within lakes, ponds, or impoundments having a surface area of less than one-half acre at seasonal low water and which in any case contain fish habitat.
4. Type Np Water. All segments of natural waters within defined channels that are perennial nonfish habitat streams. Perennial streams are waters that do not go dry any time of a year of normal rainfall. However, for the purpose of water typing, Type Np Waters include the intermittent dry portions of the perennial channel below the uppermost point of perennial flow.
5. Type Ns Water. All segments of natural waters within defined channels that are not Type S, F, or Np Waters. These are seasonal, nonfish habitat streams in which surface flow is not present for at least some portion of a year of normal rainfall and are not located downstream from any stream reach that is a Type Np Water. Ns Waters must be physically connected by an aboveground channel system to Type S, F, or Np Waters.
B. Nonfish habitat streams are those streams that have no known or potential use by anadromous or resident fish based on the stream character, hydrology and gradient; provided, that human-made barriers shall not be considered a limit on fish use except when the director makes the following findings:
1. The human-made barrier is located beneath public infrastructure that is unlikely to be replaced and it is not feasible to remove the barrier without removing the public infrastructure; provided, that the infrastructure is not identified for future modification in the capital facility or other plans of the public agency responsible for the infrastructure, and the facility will not exceed its design life within the foreseeable future;
2. The human-made barrier is located beneath one or more occupied structures and it is not feasible to remove the barrier without removing the structure, and the structure is of a size and condition that removal or substantial remodel is not likely;
3. The human-made barrier is not identified for removal by a public agency or in an adopted watershed plan. [Ord. 849B § 6, 2009.]
17.25.030 Water bodies – Buffers.
The director shall have the authority to require buffers from the edges of all streams in accordance with the following:
A. Buffers shall be established for activities adjacent to as necessary to protect the integrity, functions and values of the resource. Buffer widths shall reflect the sensitivity of the species or habitat and the type and intensity of the adjacent human use or activity. Two systems of buffer dimensions are specified below: standard buffers and buffers based on specific water body reach characteristics and ecological functions.
B. Standard Buffers. The standard buffer widths required by this section are based on scientific studies of the conditions necessary to sustain ecological functions and values to support anadromous and resident fish and presume the existence of a dense native vegetation community in the buffer zone adequate to protect the stream functions and values at the time of the proposed activity. Buffers shall be measured as follows:
1. Type S Water, all waters inventoried as “shorelines of the state” under the jurisdiction of the Shoreline Management Act, except associated wetlands, which shall be regulated in accordance with Chapter 17.23 CMC: 150 feet.
2. Type F-A Water, segments of natural waters other than Type S Waters which are greater than 10 feet in width: 150 feet.
3. Type F-B Water, segments of natural waters other than Type S Waters which are less than 10 feet in width: 100 feet.
4. Type Np Water, segments of natural waters that are perennial nonfish habitat streams: 75 feet.
5. Type Ns Water, segments of natural waters within defined channels that are seasonal, nonfish habitat streams: 50 feet.
6. Nonfish-bearing streams in existing subdivisions:
a. Where streams have been placed in separate tracts, buffers will be provided by the tract, provided a minimum dimension of 25 feet from the edge of the stream is provided;
b. Where streams have not been placed in separate tracts, or if a minimum dimension of 25 feet from the edge of the stream is not provided, buffers will meet the dimensional requirements in subsection (B)(4) of this section, unless existing structures are located within the buffer. In that case, the following provisions shall apply:
i. An inner riparian buffer shall be provided with a dense community of native trees, shrubs, and groundcover. The dimension of this buffer shall be a minimum of 15 feet, and may be expanded if sufficient clearance is available between the stream and existing primary structures;
ii. An outer riparian buffer may be provided to extend within 10 feet of an existing primary structure. Within the outer buffer, a maximum of 25 percent of the zone may be used as grass turf, with the balance a dense community of native trees, shrubs, and groundcover.
C. Buffer Measurement. The buffer shall be measured landward horizontally on both sides of the water body from the ordinary high water mark as identified in the field perpendicular to the alignment of the stream or lake/pond bank. The required buffer shall be extended to include any adjacent regulated wetland(s), landslide hazard areas and/or erosion hazard areas and required buffers, but shall not be extended across roads or other lawfully established structures or hardened surfaces that are functionally and effectively disconnected from the stream. Where lands adjacent to a stream display an average continuous slope of 20 percent to 35 percent and the required buffer is less than 100 feet, the buffer shall extend to a 30 percent greater dimension. In all cases, where slopes within the required buffer exceed 35 percent, the buffer shall extend to a minimum dimension of 25 feet from the top of said slopes, or if a buffer associated with a geological hazard is present, to whichever extent is greater.
D. Buffers in Conjunction with Other Critical Areas. Where other critical areas defined in this chapter fall within the water body buffer, the buffer area shall be the most expansive of the buffers applicable to any applicable critical area. [Ord. 849B § 6, 2009.]
17.25.031 Water bodies – Buffer averaging.
The director shall have the authority to average standard stream buffer widths on a case-by-case basis when the applicant demonstrates to the satisfaction of the director that all the following criteria are met. Stream buffer averaging shall not be allowed if the performance-based stream buffers are implemented pursuant to CMC 17.25.030(C).
A. Averaging to improve wetland protection may be permitted when all of the following conditions are met as demonstrated by an assessment study pursuant to CMC 17.21.082 and 17.25.060:
1. The water body or buffer area has significant differences in characteristics that affect its habitat functions;
2. The buffer is increased adjacent to the higher-functioning area of habitat or more sensitive portion of the water body and decreased adjacent to the lower-functioning or less sensitive portion;
3. The buffer averaging does not reduce the functions or values of the stream or riparian habitat, or the buffer averaging, in conjunction with vegetation enhancement, increases the habitat function;
4. The total area of the buffer after averaging is equal to the area required without averaging and all increases in buffer dimension for averaging are generally parallel to the wetland edge;
5. The buffer at its narrowest point is never less than three-fourths of the required width;
6. The slopes adjacent to the stream within the buffer area are stable and the gradient does not exceed 30 percent.
B. Averaging to allow reasonable use of a parcel may be permitted when all of the following are met as demonstrated by an assessment study pursuant to CMC 17.21.082 and 17.25.060:
1. There are no feasible alternatives to the site design that could be accomplished without buffer averaging;
2. The buffer averaging does not reduce the functions or values of the stream or riparian habitat, or the buffer averaging, in conjunction with vegetation enhancement, increases the habitat function;
3. The total area of the buffer after averaging is equal to the area required without averaging and all increases in buffer dimension for averaging are generally parallel to the wetland edge;
4. The buffer at its narrowest point is never less than three-fourths of the required width except where the director finds that there is an existing feature such as a roadway that limits buffer dimension, or an essential element of a proposed development such as access that must be accommodated for reasonable use and requires a smaller buffer.
C. The applicant implements all reasonable measures to reduce the adverse effects of adjacent land uses and ensure no net loss of functions and values in conjunction with a critical area mitigation study. The specific measures that shall be implemented include but are not limited to those in CMC 17.25.080. [Ord. 849B § 6, 2009.]
17.25.032 Water bodies – Buffer increase.
The director shall have the authority to increase the width of a stream buffer on a case-by-case basis when such increase is necessary to achieve any of the following:
A. Protect fish and wildlife habitat, maintain water quality, ensure adequate flow conveyance; provide adequate recruitment for large woody debris, maintain adequate stream temperatures, or maintain in-stream conditions.
B. Compensate for degraded vegetation communities or steep slopes adjacent to the stream.
C. Maintain areas for channel migration.
D. Protect adjacent or downstream areas from erosion, landslides, or other hazards. [Ord. 849B § 6, 2009.]
17.25.040 Water bodies – Allowed uses.
The following activities or uses may be permitted in streams and/or their buffers when all reasonable measures have been taken to avoid adverse effects on species and habitats, the amount and degree of the alteration are limited to the minimum needed to accomplish the project purpose, and compensatory mitigation is provided for all adverse impacts that cannot be avoided:
A. Restoration of streams previously piped or channeled into a new or relocation streambed when part of a restoration plan that will result in equal or better habitat and water quality and quantity, and that will not diminish the flow capacity of the stream or other natural stream processes; provided, that the relocation has a state hydraulic project approval and all other applicable permits.
B. Road, trail, bridge, and right-of-way crossings, provided they meet the following criteria:
1. There is no other feasible alternative route with less impact on critical areas.
2. The crossing minimizes interruption of natural processes such as the downstream movement of wood and gravel and the movement of all fish and wildlife. Bridges are preferred for all stream crossings and should be designed to maintain the existing stream gradient and substrate, provide adequate horizontal clearance on each side of the ordinary high water mark and adequate vertical clearance above ordinary high water mark for animal passage. If a bridge crossing is not feasible, culverts shall be designed according to applicable state and federal guidance criteria for fish passage as identified in Fish Passage Design at Road Culverts, WDFW March 1999, and/or the National Marine Fisheries Service Guidelines for Salmonid Passage at Stream Crossings, 2000 (and subsequent revisions), and in accordance with a state hydraulic project approval. The applicant or property owner shall maintain fish passage through bridge or culvert.
3. The city may require that existing culverts be removed, repaired, or modified as a condition of approval if the culvert is detrimental to fish habitat or water quality, and a feasible alternative exists.
4. Crossings shall be limited to the minimum width necessary. Common crossings are the preferred approach where multiple properties can be accessed by one crossing.
5. Access to private development sites may be permitted to cross streams, if there are no feasible alternative alignments. Alternative access shall be pursued to the maximum extent feasible, including through the provisions of Chapter 8.24 RCW. Exceptions or deviations from technical standards for width or other dimensions, and specific construction standards to minimize impacts may be specified, including placement on elevated structures as an alternative to fill, if feasible.
C. Outdoor recreational or educational activities which do not significantly affect the function of the water body or regulated buffer (including wildlife management or viewing structures, outdoor scientific or interpretive facilities, trails, hunting blinds, etc.) and meet the following criteria:
1. Trails shall not exceed four feet in width and shall be surfaced with gravel or pervious material, including boardwalk.
2. The trail or facility shall be located in the outer 50 percent of the buffer area unless a location closer to the water body edge is required for interpretive purposes.
3. The trail or facility shall be constructed and maintained in manner that minimizes disturbance of the water body or buffer.
D. Utility lines and facilities providing local delivery service, not including facilities such as electrical substations, water and sewage pumping stations, water storage tanks, petroleum products pipelines and transformers or other facilities containing hazardous substances, may cross water bodies or be located in buffers, if the following criteria are met:
1. There is no reasonable location or route that does not cross the water body or outside the buffer based on analysis of system needs, available technology and alternative routes. Location within a buffer shall be preferred over a location within a water body. Crossings shall be contained within the footprint of an existing road or utility crossing where possible.
2. Impacts to fish and wildlife habitat shall be avoided to the maximum extent possible and mitigated when avoidance is not feasible.
3. Utilities that cross water bodies shall be as close to perpendicular to the channel as possible to minimize disturbance. Boring under the water body may be required.
4. If not a crossing, the utility line shall be located as far from the water body as possible.
5. The utility installation shall maintain the existing stream gradient and substrate.
6. Clearing, grading, and excavation activities shall be limited to the minimum necessary to install the utility line, and the area is restored following utility installation.
E. Storm water conveyance or discharge facilities such as infiltration systems dispersion trenches, level spreaders, and outfalls may be permitted in a fish and wildlife habitat conservation area buffer on a case-by-case basis when all of the following are met:
1. Due to topographic or other physical constraints there are no feasible locations for these facilities outside the buffer.
2. The discharge is located as far from the ordinary high water mark as possible and in a manner that minimizes disturbance of soils and vegetation.
3. The discharge outlet is in an appropriate location and is designed to prevent erosion and promote infiltration.
4. The discharge meets storm water flow and water quality standard as provided in the 2005 Ecology Stormwater Manual for Western Washington, or the equivalent.
F. Stream bank stabilization, shoreline protection, and public or private launching ramps may be permitted, subject to all of the following standards:
1. Natural shoreline processes will be maintained to the maximum extent practicable. The activity will not result in increased erosion and will not alter the size or distribution of shoreline or stream substrate, or eliminate or reduce sediment supply from feeder bluffs;
2. Adverse impact to fish or wildlife habitat conservation areas, specifically juvenile and adult fish migration corridors, or associated wetlands will be mitigated;
3. Nonstructural measures, such as placing or relocating the development further from the shoreline, planting vegetation, or installing on-site drainage improvements, are not feasible or not sufficient;
4. Stabilization is achieved through bioengineering or soft armoring techniques in accordance with an applicable hydraulic project approval issued by the Washington Department of Fish and Wildlife;
5. Hard bank armoring may occur only when the property contains an existing permanent structure(s) that is in danger from shoreline erosion caused by riverine processes and not erosion caused by upland conditions, such as the alteration of natural vegetation or drainage, and the armoring shall not increase erosion on adjacent properties and shall not eliminate or reduce sediment supply.
G. New public flood protection measures and expansion of existing measures may be permitted; provided, that bioengineering or soft armoring techniques shall be used where feasible. Hard bank armoring may occur only in situations where soft approaches do not provide adequate protection, and shall be subject to requirement of the shoreline master program, where applicable, hydraulic project approval and other permits.
H. New docks shall be permitted only for public access, as an accessory to water-dependent uses or associated with a single-family residence; provided, that it is designed and used only as a facility for access to watercraft.
1. To limit the effects on ecological functions, the number of docks should be limited and new subdivisions should employ shared moorage whenever feasible. Docks on shorelines of the state must comply with policies and regulations of the shoreline master program.
2. Docks shall be located and designed to minimize adverse effects on ecological processes through location where they will interfere with fluvial and limnetic processes including gradient and substrate; recruitment of woody debris; and fish habitat, including that related to anadromous fish.
3. Docks shall minimize reduction in ambient light level by limiting width to the minimum necessary and shall not exceed four feet in width, except where specific information on use patterns justifies a greater width. Materials that will allow light to pass through the deck may be required including grating on walkways or gangplanks in nearshore areas.
4. Approaches shall utilize piers or other structures to span the entire upper foreshore to the point of intersection with stable upland soils and shall be designed to avoid interfering with stream processes.
5. Pile spacing shall be the maximum feasible to minimize shading and avoid a wall effect that would block or baffle currents, sediment movement or movement of aquatic life forms, or result in structure damage from driftwood impact or entrapment.
6. Docks should be constructed of materials that will not adversely affect water quality or aquatic plants and animals in the long term.
I. Launch ramps may be permitted for access to the water for the public or for residents of a development or for water dependent use, subject to the following criteria:
1. Launch ramps shall be located and designed to minimize adverse effects on fluvial and limnetic processes including stream gradient and substrate, recruitment of woody debris, and fish habitat, including that related to anadromous fish.
2. Ramps shall be placed and maintained near flush with the bank slope. Preferred ramp designs, in order of priority, are:
a. Open grid designs with minimum coverage of beach substrate;
b. Seasonal ramps that can be removed and stored upland;
c. Structures with segmented pads and flexible connections that leave space for natural beach substrate and can adapt to changes in beach profile.
J. Instream structures such as, but not limited to, high flow bypasses, dams, and weirs, other than those regulated exclusively by the Federal Energy Regulatory Commission (FERC), shall be permitted only when the multiple public benefits are provided and ecological impacts are fully mitigated. Dams on shorelines of the state shall be regulated in accordance with the shoreline master program. Dams on other streams shall require a special use permit as provided by Chapter 17.09 CMC.
1. Instream facilities locations shall avoid areas of high habitat value for aquatic organisms, specifically anadromous fish.
2. Instream facilities shall be designed to produce the least feasible effect on fluvial processes and shall minimize change in gradient.
3. Instream facilities shall provide mitigation of all impacts on aquatic species and habitat.
4. Instream facilities shall provide fish passage, in accordance with Chapter 77.57 RCW.
5. A construction bond for 150 percent of the cost of the structure and all mitigation measures shall be filed prior to construction and a maintenance agreement shall specify responsibility for maintenance, shall incorporate the maintenance schedule specified by the design engineer, shall require annual inspections by a civil engineer licensed in the state of Washington and shall stipulate abandonment procedures which shall include, where appropriate, provisions for site restoration.
K. Facilities permitted as shoreline dependent or shoreline oriented uses in accordance with the shoreline master program may be located in water bodies and buffers; provided, that only those facilities that are water dependent or water oriented and facilities for necessary access may be located in water bodies and buffers; and provided, that the facility is located, designed, constructed and operated to minimize and, where possible, avoid critical area disturbance to the maximum extent feasible.
L. Clearing and grading, when allowed as part of an authorized use or activity or as otherwise allowed in these standards, may be permitted; provided, that the following shall apply:
1. Grading is allowed only during the designated dry season, which is typically regarded as May 1st to October 1st of each year; provided, that the city may extend or shorten the designated dry season on a case-by-case basis, based on actual weather conditions.
2. Appropriate erosion and sediment control measures shall be used at all times. The soil duff layer shall remain undisturbed to the maximum extent possible. Where feasible, disturbed topsoil shall be redistributed to other areas of the site.
3. The moisture-holding capacity of the topsoil layer shall be maintained by minimizing soil compaction or reestablishing natural soil structure and infiltrative capacity on all areas of the project area not covered by impervious surfaces. [Ord. 849B § 6, 2009.]
17.25.050 Other fish and wildlife habitat conservation areas.
A. Definition and Buffers. Protection standards for fish and wildlife habitat conservation areas other than streams and lakes are as provided in the table below.
|
Fish and Wildlife Habitat Conservation Area |
Buffer Requirement |
|---|---|
|
Areas with which federally listed threatened or endangered species have a primary association. State priority habitats and areas with which priority species have a primary association. A “primary association” means a critical component(s) of the habitats of a species, which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term. |
Buffers shall be based on recommendations provided by the Washington Department of Fish and Wildlife PHS Program; provided, that where no such recommendations are available, the buffer width shall be determined based on published literature concerning the species/habitat(s) in question and/or the opinions and recommendations of qualified professional with appropriate expertise. |
|
Natural area preserves and natural resource conservation areas. |
Buffers shall be based on recommendations provided by site managers; provided, that the management strategies are considered effective and within the scope of this chapter. |
|
Locally important habitat areas. |
The need for and dimensions of buffers for locally important species or habitats shall be determined on a case-by-case basis, according to the needs of specific species or habitat area of concern. The director shall coordinate with the Washington Department of Fish and Wildlife and other state, federal or tribal experts in these instances, and shall use WDFW PHS management recommendations when available. |
B. Alterations that occur within a locally important habitat area or that may affect a locally important species as defined herein shall be subject to review on a case-by-case basis. The director shall have the authority to require an assessment of the effects of the alteration on species or habitats and may require mitigation to ensure that adverse effects do not occur. This standard is intended to allow for flexibility and responsiveness with regard to locally important species and habitats. [Ord. 849B § 6, 2009.]
17.25.060 Review and reporting requirements.
A. When critical area maps or Washington Department of Fish and Wildlife priority species and habitat information, or other sources of credible information, indicate that a site proposed for development or alteration is more likely than not to contain fish and wildlife habitat conservation areas or be within the buffer of a fish and wildlife habitat conservation area, the director shall require a site evaluation (field investigation) by a qualified professional or other measures to determine whether or not the species or habitat is present and if so, its relative location in relation to the proposed project area or site. If no fish and wildlife habitat conservation areas are present, then review will be considered complete. If the site evaluation determines that the species or habitat is present, the director may require a critical areas assessment report.
B. The director may waive the report requirement for a single-family development that involves less than 2,000 square feet of clearing and/or vegetation removal and will not directly disturb the designated stream or pond buffer area, designated species, or specific areas or habitat features that comprise the fish and wildlife habitat conservation area (nest trees, breeding sites, etc.) as indicated by a site plan or scaled drawing of the proposed development, except in the case of a project site situated within 800 feet of an established eagle’s nest. In this case, an approved bald eagle management plan by the Washington Department of Wildlife meeting the requirements and guidelines of the bald eagle protection rules (WAC 232-12-292), as now or hereafter amended must be filed with the city’s community development department.
C. The critical areas report shall describe the characteristics of the subject property and adjacent areas. The assessment shall include the following:
1. Existing physical features of the site including buildings, fences, and other structures, roads, parking lots, utilities, water bodies, etc.;
2. Determination of the resource category and standard buffers;
3. Identification of critical areas and buffers within 300 feet of the site and an estimate of the existing approximate acreage for each. The assessment of off-site resources shall be based on available information and shall not require accessing off-site properties if permission of the property owner cannot be obtained;
4. Proposed development activity;
5. A detailed description of the effects of the proposed development on ecological functions and buffer function and value, including the area of direct disturbance; area of buffer reduction or averaging including documentation that functions and values will not be adversely affected by the reduction or averaging; effects of storm water management; proposed hydrologic alteration, including changes to natural drainage or infiltration patterns; effects on fish and wildlife species and their habitats; clearing and grading impacts; temporary construction impacts; and effects of increased noise, light or human intrusion;
6. Provisions to reduce or eliminate adverse impacts of the proposed development activities including, but not limited to:
a. Clustering and buffering of development;
b. Retention of native vegetation;
c. Access limitations, including fencing;
d. Seasonal restrictions on construction activities in accordance with the guidelines developed by the Washington Department of Fish and Wildlife, the U.S. Army Corps of Engineers, the salmonid recovery plan and/or other agency or tribe with expertise and jurisdiction over the subject species/habitat;
e. Methods to reduce proximity impacts; and
f. Other appropriate and proven low impact development techniques. [Ord. 849B § 6, 2009.]
17.25.070 Mitigation standards.
A. Activities that adversely affect fish and wildlife habitat conservation areas and/or their buffers should generally be avoided through site design, including clustering. Unavoidable impacts to designated species or habitats shall be compensated for through habitat creation, restoration and/or enhancement to achieve no net loss of habitat functions and values in accordance with the purpose and goals of this chapter.
B. When compensatory mitigation is required, the applicant shall submit a mitigation plan with sufficient information to demonstrate that the proposed activities are logistically feasible, constructible, ecologically sustainable, and likely to succeed. Specific information to be provided in the plan shall include, but not be limited to:
1. General description and scaled drawings of the activities proposed including, but not limited to, clearing, grading/excavation, drainage alterations, planting, invasive plant management, installation of habitat structures, irrigation, and other site treatments associated with the development activities and proposed mitigation action(s);
2. A description of the functions and values that the proposed mitigation area(s) shall provide, together with a description of required and an assessment of factors that may affect the success of the mitigation program; and
3. A description of known management objectives for the species or habitat.
C. Required mitigation shall be completed as soon as possible following activities that will disturb fish and wildlife habitat conservation areas and during the appropriate season. Mitigation shall be completed prior to use or occupancy of the activity or development. Construction of mitigation projects shall be timed to reduce impacts to existing wildlife and flora.
D. The director shall have authority to require monitoring of mitigation activities and submittal of annual monitoring reports to ensure and document that the goals and objectives of the mitigation are met. The frequency and duration of the monitoring shall be based on the specific needs of the project as determined by the mitigation plan. [Ord. 849B § 6, 2009.]
17.25.080 Development standards for adjacent development.
A. Development standards for adjacent development shall minimize adverse effects on the fish and wildlife habitat conservation areas, including water bodies, and shall include:
1. Subdivision of land shall assure that each lot has sufficient building area outside conservation areas and buffers. Lots in subdivisions shall be oriented whenever feasible to provide a rear yard of at least 20 feet between the buffer area and buildings.
2. Fencing shall be provided at the perimeter of residential development to limit domestic animal entry into conservation areas and buffer areas.
3. Activities that generate noise shall be located as far from the conservation areas and buffers as feasible. Roads, driveways, parking lots, loading areas, mechanical or ventilating equipment or shall be located on sides of buildings away from the conservation areas, or separated by noise attenuating walls.
4. Light penetration into buffer areas and the water body shall be limited by locating areas requiring exterior lighting away from the conservation areas boundary, or limiting light mounting heights to a maximum of four feet. Windows that will be lit at night should be minimized on the side of buildings facing conservation areas and buffers, or screened as provided in subsection (C) of this section.
B. Management of surface runoff from adjacent land shall minimize adverse effects on fish and wildlife habitat conservation areas’ ecological functions and shall include:
1. Control of surface water peak flow and duration of flow should be maintained at rates typical of native forest cover.
2. Runoff should be routed to infiltration systems, to the maximum extent feasible, to provide groundwater interflow recharge to water bodies and to limit overland flow and erosion.
3. Surface or piped storm water should be routed to existing conveyances or to other areas, wherever hydraulic gradients allow. Where storm water is routed to water bodies, system design shall assure that erosion and sedimentation will be avoided to the maximum extent feasible.
4. To prevent channelized flow from lawns and other landscaped areas from entering the buffer, and to prevent washing of fertilizers, herbicides and pesticides into the buffer, if slopes adjacent to the buffer exceed 15 percent, a 10-foot-wide swale to intercept runoff or other effective interception facility approved by the director shall be provided at the edge of the buffer.
5. Adopt and apply integrated pest management system including limiting use of fertilizers, herbicides and pesticides within 25 feet of buffers to water bodies.
C. In order to maintain effective buffer conditions and functions, a vegetation management plan shall be required for all buffer areas established to include:
1. Maintaining adequate cover of native vegetation including trees and understory; if existing tree cover is less than a relative density of 20, planting shall be required consisting of seedlings at a density of 300 stems per acre or the equivalent;
2. Provide a dense screen of native evergreen trees at the perimeter of the buffer. If existing vegetation is not sufficient to prevent viewing adjacent development from within the buffer, planting shall be required equivalent to two rows of three-foot-high stock of native evergreens at a triangular spacing of 15 feet or three rows of gallon containers at a triangular spacing of eight feet. Fencing may be required if needed to block headlights or other sources of light or to provide an immediate effective visual screen;
3. Provide a plan for control of invasive weeds, and remove existing invasive species;
4. Provide for a monitoring and maintenance plan for a period of at least five years, except this provision may be waived for single-family residential lots. [Ord. 849B § 6, 2009.]