Chapter 17.52
CRITICAL RESOURCE AREAS
OVERLAY DISTRICT (CRA)
Sections:
17.52.060 Habitat conservation areas.
17.52.070 Geologically hazardous areas.
17.52.080 Aquifer recharge/wellhead protection areas.
17.52.090 Reasonable use exception.
17.52.100 Nonconforming activities.
17.52.010 Purpose and intent.
The purpose of this chapter is to protect and preserve critical environmental resources while allowing appropriate development activities when carried out in a responsible manner with minimal impacts on the environmental resources. In addition, the purpose is to protect the public health, welfare and safety of residents of Colville from development in hazardous areas. This chapter replaces the interim critical areas ordinance. (Ord. 1488 NS § 16, 2012; Ord. 1160 NS § 1, 1997).
17.52.020 General provisions.
A. The city’s critical resource areas map provides generalized information on the location of critical areas, including wetlands, habitat conservation areas, geologically hazardous areas and aquifer recharge/wellhead protection areas. A site specific analysis which indicates that any critical area regulated by this chapter or Chapter 17.56 CMC exists on a lot will result in that portion of the lot being classified as a critical area or floodplain area.
B. The following features shall not be altered or developed except as permitted by this chapter:
1. Water features, including rivers, streams, creeks, lakes, ponds and wetlands; or
2. Areas that provide habitat to priority species; or
3. Slopes of 40 percent or greater; or
4. Areas with a critical recharging effect on aquifers used for potable water.
C. The city requires applicants to demonstrate that development on a site determined to have critical areas will protect the resource by taking one of the following steps (listed in order of preference):
1. Avoid impacting the resource altogether.
2. Minimize the impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts.
3. Rectify the impact by repairing, rehabilitating or restoring the affected environment to the conditions existing at the time of the initiation of the project.
4. Reduce or eliminate the impact over time by preservation and maintenance operations during the life of the action.
5. Compensate for the impact by replacing, enhancing, or providing substitute resources or environments.
D. If a critical resource area on the property that is being developed in the city crosses a jurisdictional line, the city of Colville shall coordinate with Stevens County in the review of the project. (Ord. 1160 NS § 1, 1997).
17.52.030 Uses.
Uses allowed on a lot containing or within 200 feet of a critical area shall be the same as those listed in the use zone in which the lot is located. Each use shall be evaluated using the review process required for the use in the zone in conjunction with the requirements of this chapter and applicable state and federal regulations. Nothing in this chapter is intended to preclude the reasonable use of property. (Ord. 1160 NS § 1, 1997).
17.52.040 Review.
A. Site plan review, in accordance with Chapter 17.92 CMC, shall be obtained prior to any clearing or development activities within 200 feet of a critical area, identified on the city maps, except in the case of an aquifer recharge/wellhead protection area in which site plan review shall be obtained for new commercial or industrial uses or a change in use if the use is listed or is similar to a listed use categorized as a high or moderate risk in the Stevens County Critical Aquifer Recharge Study, Table 2. Activities listed in subsection C of this section are exempt from site plan review.
B. A technical study identifying the precise area of critical resource and its function and resource value shall be submitted as part of the application. The study shall be prepared by experts with demonstrated qualifications in the area of concern. The city may retain consultants at the applicant’s expense to assist in the review of the technical study if needed.
C. The following activities shall be allowed in critical areas without site plan review provided they are not prohibited by any other chapter or law and provided they are conducted using best management practices and at a time designed to minimize adverse effects to the critical resource:
1. Conservation or preservation of soil, water, vegetation, fish, shellfish, and other wildlife;
2. Outdoor recreational activities which do not involve disturbance of the resource or site area, including fishing, hunting, bird watching, hiking, boating, horseback riding, swimming, canoeing, and bicycling;
3. The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops and provided the harvesting does not require tilling of soil, planting of crops, or alteration of the resource by changing existing topography, vegetation, water conditions or water sources;
4. Education, scientific research, and use of nature trails;
5. Existing and ongoing agriculture activities, including farming, horticulture, aquaculture, irrigation, ranching or grazing of animals. Activities on areas lying fallow as part of a conventional rotational cycle are part of an ongoing operation. 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 was conducted has been converted to another use or has lain idle for more than 18 months;
6. Normal and routine maintenance of legally constructed irrigation and drainage ditches, provided that this exemption shall not apply to any ditches used by salmonids;
7. Normal and routine maintenance, repair or operation of existing serviceable structures, facilities, or improved areas. Maintenance and repair does not include any modification that changes the character, scope, or size of the original structure, facility, or improved area and does not include the construction of a maintenance road; and
8. Minor modification of existing serviceable structures within a buffer zone where modification does not adversely impact functions of the critical area. (Ord. 1160 NS § 1, 1997).
17.52.050 Wetlands.
A. The existence of a wetland and the location of its boundary shall be determined by the applicant through the performance of a field investigation applying a methodology acceptable to the U.S.
Army Corps of Engineers or Washington Department of Ecology (DOE). Qualified professionals shall perform wetland determinations and delineations using the methodology acceptable to the U.S. Army Corps of Engineers or Washington DOE.
B. A wetland containing features satisfying the criteria of more than one of the following categories shall be classified in the highest applicable category. A wetland can be classified into more than one category when distinct areas which clearly meet the criteria of separate categories exist.
1. Category I Wetland (Exceptional Resource Value) Criteria.
a. Documented habitat for designated endangered or threatened species or for species that are candidates for listing under Section 8 of the Endangered Species Act by state or federal agencies; or
b. High-quality native wetland communities, including documented Category I or II quality natural heritage wetland sites and sites which qualify as a Category I or II quality natural heritage wetland; or
c. High quality, regionally rare wetland communities with irreplaceable ecological functions, including sphagnum bogs and fens, or mature forested swamps.
2. Category II Wetland (Significant Resource Value) Criteria.
a. Documented habitat for sensitive species, extirpated plant species, or species of concern recognized by state or federal agencies; or
b. Regulated wetlands with significant use by fish and wildlife; or
c. Wetlands contiguous with demonstrated spawning habitat for anadromous fish; or
d. Streams having demonstrated spawning habitat for anadromous fish.
3. Category III Wetland (Important Resource Value) Criteria.
a. Regulated wetlands that do not qualify as Category I, II or IV.
4. Category IV Wetland (Ordinary Resource Value) Criteria.
a. Isolated wetlands that are less than one acre in size, have only one wetland class, and have only one dominant plant species.
b. Isolated wetlands that are less than two acres in size, have only one wetland class, and have a predominance of exotic species.
C. Minimum buffers based on the rating of the wetland shall be established from a wetland edge as follows:
1. Category I wetland: 100-foot buffer;
2. Category II wetland: 50-foot buffer;
3. Category III wetland: 25-foot buffer;
4. Category IV wetland: 10-foot buffer;
5. Any wetland restored, relocated, replaced or enhanced because of a wetland alteration shall have the minimum buffer required for the highest wetland class involved.
D. The planning commission may through the site plan review process reduce the minimum buffer width, but in no case shall the buffer be less than 10 feet.
E. The planning commission may allow buffer width averaging; provided, that the total buffer area is not less than that required within the minimum buffer, and that averaging will not reduce the wetland functional values.
F. If activities result in the loss or degradation of a regulated wetland or buffer, a mitigation or enhancement plan prepared by a qualified expert shall be submitted for review and approval. Any mitigation or replacement wetland shall be located in the same watershed as the impacted wetland(s) of the same category and shall comply with the following ratios (new wetland area to existing):
|
Category I: |
3:1 |
|
Category II: |
|
|
Forested |
2:1 |
|
Scrub-shrub |
1.5:1 |
|
Emergent |
1:1 |
|
Category III or IV: |
1:1 |
G. The planning commission may increase the ratios under the following circumstances:
1. If there is uncertainty as to the probable success of the proposed restoration or creation;
2. If the applicant proposes a significant period of time between the destruction of a wetland and the replication of wetland functions in mitigation;
3. If the proposed mitigation is expected to result in a loss in functional value;
4. The proposed relocation is off site or the replacement is with out-of-kind compensation;
5. The wetland was illegally filled or altered.
H. The planning commission may decrease the ratios if the findings of a wetlands mitigation plan demonstrate that no net loss of wetland functional values will result from the decreased ratio. However, the minimum acreage replacement ratio required shall be 1:1. (Ord. 1160 NS § 1, 1997).
17.52.060 Habitat conservation areas.
If a development is proposed within 200 feet or within a distance which could impact habitat conservation areas, the applicant shall provide a habitat management plan (HMP), prepared by a qualified expert in the species in question for evaluation by the city, state, and federal agencies. The HMP shall be based on sound habitat management practices and shall be designed to achieve specific habitat objectives. The city shall ask the appropriate resource agencies to review and comment on the development impacts and provisions of the HMP. (Ord. 1160 NS § 1, 1997).
17.52.070 Geologically hazardous areas.
A. A minimum 25-foot buffer shall be established from the top, toe or sides of an identified geological hazard, including landslides, earthquake fault lines, or steep slope areas (40 percent or greater). The buffer may be increased if necessary to protect public health, safety and welfare, based on information contained in a geotechnical report prepared by a qualified professional engineer.
B. The planning commission may allow a reduction in the buffer provided the geotechnical report substantiates the following findings:
1. The proposed development will not create a hazard to the subject property, surrounding properties or rights-of-way, erosion or sedimentation to off-site properties or bodies of water;
2. The proposal uses construction techniques which minimize disruption of existing topography and natural vegetation; and
3. The proposal mitigates all impacts identified in the geotechnical report.
C. Buffers shall be maintained in native vegetation to provide additional soil stability and erosion control. (Ord. 1160 NS § 1, 1997).
17.52.080 Aquifer recharge/wellhead protection areas.
A. In areas designated as high susceptibility for aquifer contamination, all uses shall be connected to the city’s sewer system. No new uses on a septic system are permitted in high susceptibility areas of critical aquifer recharge.
B. For uses locating within the critical aquifer recharge area and requiring site plan review, a disclosure form indicating activities and hazardous materials that will be used shall be provided for review and approval.
C. Impervious surfaces shall be minimized within the critical aquifer recharge areas.
D. Best management practices shall be followed by commercial and industrial uses located in the critical aquifer recharge areas.
E. An emergency response plan shall be prepared and submitted for review and approval by the city. (Ord. 1160 NS § 1, 1997).
17.52.090 Reasonable use exception.
If application of the requirements in this chapter would deny all reasonable economic use of the lot, development will be permitted if the applicant demonstrates all of the following to the satisfaction of the planning commission when reviewed through site plan review process:
A. There is no other reasonable use or feasible alternative to the proposed development with less impact on the critical area; and
B. The proposed development does not pose a threat to the public health, safety and welfare on or off of the subject lot; and
C. Any alterations permitted to the requirements of this chapter shall be the minimum necessary to allow for reasonable use of the property; and
D. The inability of the applicant to derive reasonable economic use of the property is not the result of actions by the applicant in subdividing the property or adjusting a boundary line, and creating the undevelopable condition after the effective date of the ordinance codified in this section; and
E. The proposal mitigates the impacts on the critical area to the maximum extent possible. (Ord. 1160 NS § 1, 1997).
17.52.100 Nonconforming activities.
A regulated activity that was approved prior to the passage of the ordinance codified in this section and to which significant economic resources have been committed as a follow up to the approval but which does not conform to this chapter may be continued subject to the following:
A. No such activity shall be expanded, changed, enlarged, or altered in any way that increases the extent of its nonconformity without a permit issued in accordance with this section.
B. Except for cases of fallowing as part of normal agricultural activity, if a nonconforming activity is discontinued for 12 consecutive months, any resumption of the activity shall conform to this section.
C. If a nonconforming use or activity is destroyed by human activities or an act of God, it shall not be resumed except in conformity with this section.
D. Activities or adjuncts thereof that are or become nuisances shall not be entitled to continue as nonconforming activities. (Ord. 1160 NS § 1, 1997).