Division 6. Resource Lands and Critical Areas
Chapter 17.115
RESOURCE LANDS AND CRITICAL AREAS
Sections:
17.115.010 Statutory authorization.
17.115.020 Purpose and intent.
17.115.030 General provisions.
17.115.040 Development standards – Resource lands.
17.115.050 Development standards – Critical areas – Wetlands.
17.115.060 Development standards – Critical areas – Frequently flooded areas.
17.115.070 Development standards – Critical areas – Geologically hazardous areas.
17.115.080 Development standards – Critical areas – Fish and wildlife habitat conservation areas.
17.115.090 Development standards – Critical areas – Aquifer recharge areas.
17.115.100 Nonconforming developments.
17.115.110 Warning and disclaimer of liability.
17.115.010 Statutory authorization.
The legislature of the state of Washington has, in RCW 36.70A.060, mandated local governments required to plan under RCW 36.70A.040 to adopt development regulations to ensure the conservation of agricultural, forest and mineral resource lands and to adopt development regulations precluding land uses or development that is incompatible with critical areas designated under RCW 36.70A.170. (Ord. 536 § 1 (§ 25.01), 2000)
17.115.020 Purpose and intent.
It is the purpose of this chapter to provide standards and regulations applicable to those areas within the resource lands and critical areas overlays. The intent is to promote the public health, safety and general welfare by inclusion of provisions designed to:
(1) Protect human life and health;
(2) Further the public’s interest in the conservation and wise use of our lands;
(3) Assure the long-term conservation of resource lands;
(4) Preclude land uses and developments that are incompatible with critical areas;
(5) Classify and designate critical areas and resources lands; and
(6) Develop appropriate regulatory and nonregulatory actions in response. (Ord. 536 § 1 (§ 25.02), 2000)
17.115.030 General provisions.
Prior to accepting a development application, the zoning and data maps shall be consulted for the purposes of determining whether or not the property subject to the application is within any area shown as a resource land or critical area. The presence of critical areas is determined by the town clerk or designee by reference to critical features inventory documents currently existing or generated by research and analysis, using best available science. When such areas are encountered, the applicant will immediately be notified and the types of resource or critical areas disclosed. Instructions shall be provided to the applicant on the type of evaluation and site-specific analysis that will be required as a supplement to the application materials necessary to bring the application up to standard that can be characterized as complete. Also any land owned by or adjacent to United States Bureau of Reclamation land will be required to comply with all pertinent regulations including the Downstream Plan as set by the United States Department of the Interior, Bureau of Reclamation and the state of Washington.
Until the town of Coulee Dam adopts, as necessary, a shoreline master plan, the most restrictive SMP adopted by Grant, Douglas, and Okanogan Counties shall be used for all shoreline developments.
If the subject property does not lie within or partly within the resource lands or critical areas as depicted on the zoning and data maps, the application will be considered complete, provided the application requirements of the ordinance governing the process at issue are satisfied.
From the effective date of the ordinance codified in this title, no development application processed under this title shall be approved without a written finding that:
(1) This division has been considered;
(2) Additional information has been assembled under this chapter or was not required; and
(3) The purpose and intent of this title have been accorded substantial consideration. (Ord. 647 § 1 (Exh. A), 2006; Ord. 536 § 1 (§ 25.03), 2000)
17.115.040 Development standards – Resource lands.
The town has not identified any resource lands located within or immediately adjacent to the incorporated limits, and therefore reserves this section for future use when or if the need arises. (Ord. 536 § 1 (§ 25.04(1)), 2000)
17.115.050 Development standards – Critical areas – Wetlands.
(1) Site Analysis. Required for the purpose of establishing an exact wetland boundary using the criteria found in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands. Field delineation of the boundary is required and a scaled map must be produced. The Washington State Four-Tier Wetlands Rating System must then be applied to the wetlands area to establish the category of wetlands in evidence. The analyses required by this section shall be done by qualified professional and technical scientists, the Washington Department of Ecology, or others who can demonstrate through a combination of formal training and field experience the ability to function professionally in this capacity.
(2) Development Standards.
(a) Category III and IV wetlands of 10,000 square feet or less are excluded from all provisions of this chapter.
(b) A buffer zone shall be required adjacent to, and outside of, all regulated wetlands according to the following schedule:
|
Category I Wetland |
250 feet |
|
Category II Wetland |
150 feet |
|
Category III Wetland |
75 feet |
|
Category IV Wetland |
50 feet |
The above buffers may be reduced by a maximum of 50 percent if the site analysis demonstrates that the adjacent land is, and will remain, extensively vegetated, is topographically remote from the wetland and that no direct adverse impacts on the regulated wetlands are a reasonable probability as a result of the buffer reduction.
(c) Wetland buffer zones shall be retained in their natural condition. Where buffer disturbances are unavoidable during adjacent construction, revegetation with native plant materials will be required.
(d) The following activities are allowed to occur in wetlands and wetland buffers zones: outdoor recreational activities, existing and ongoing agricultural activities (provided no additional area is added beyond demonstrable historic levels), maintenance of existing facilities, structures, ditches, roads and utility systems.
(e) Nothing in this section abrogates, compromises or otherwise subordinates the full force, effect and applicability of the Washington State Shorelines Management Act.
(f) A use or structure established prior to the effective date of this chapter which does not conform to standards set forth herein is allowed to continue and be reasonably maintained; provided, that such activity or structure shall not be expanded or enlarged in any manner that increases the extent of its nonconformity. (Ord. 536 § 1 (§ 25.04(2)(A)), 2000)
17.115.060 Development standards – Critical areas – Frequently flooded areas.
(1) Site Analysis. Required only for the purpose of establishing a preconstruction site elevation at the lot’s highest point at the proposed building foundation.
(2) Development Standards. All developments must follow the provisions of the Grant, Douglas, and Okanogan County flood damage prevention ordinance, zoning ordinance, platting and subdivision ordinance, the short plat and short subdivision ordinance and all other applicable ordinances and codes as required and any amendments to these ordinances. (Ord. 536 § 1 (§ 25.04(2)(B)), 2000)
17.115.070 Development standards – Critical areas – Geologically hazardous areas.
(1) Erosion Hazard.
(a) Site Analysis. Required to determine the exact location and circumstances that might be expected to precipitate a significant erosion event. The type and effectiveness of mitigating measures available to safeguard the public safety and welfare shall be addressed. The analysis shall also discuss the proposed development’s influence on the erosion hazard and suggest appropriate design and development measures that might be taken to minimize such hazards.
(b) Development Standards.
(i) Erosion hazard areas shall be avoided as locations for building construction, roads or utility systems where mitigation is not feasible.
(ii) Development activities or their support infrastructure shall not be allowed that would directly or indirectly worsen the erosion hazard identified in the site analysis.
(iii) Design considerations shall be established on a case-by-case basis.
(iv) A run-off management plan or erosion control plan stating how it will manage sedimentation problems must be completed before the project is started.
(v) Before a project can be deemed complete within an erosion hazard area, reseeding with native vegetation for stabilization purposes must be completed.
(vi) Existing uses legally established in erosion hazard areas should be allowed to continue while expansion of any existing use should meet structural standards that ensure the safety of the project.
(2) Landslide Hazard.
(a) Site Analysis. Required to identify and quantify geologic, topographic and hydrologic factors that might contribute to slope instability. The rate and extent of potential hazards to development activity must be assessed and mitigation measures, if any, evaluated. The proposed development must be analyzed in light of the hazards and effects represented by the landslide exposure on proposed private and public investments. Development operational factors should be included in the analysis to account for the effects of residential landscape irrigation and storm water generation from impervious surfaces and the influence of street conveyance on slope stability.
(b) Development Standards.
(i) Documented landslide hazard areas shall be avoided as locations for building construction, roads or utility systems where mitigation is not feasible.
(ii) If the degree of hazard warrants some development activity, post-construction slope stabilization and appropriately upgraded road construction specifications shall be employed to eliminate, as completely as practicable, any public or private exposure to landslide hazards or abnormal maintenance and/or repair costs. (Ord. 536 § 1 (§ 25.04(2)(C)), 2000)
17.115.080 Development standards – Critical areas – Fish and wildlife habitat conservation areas.
(1) Site Analysis. Required to identify endangered, threatened, candidate, monitor and sensitive and priority species, species and habitats of local and regional importance and the nature and extent of their primary association with the habitat conservation area. The investigation shall include relative density and species richness, breeding, rearing and spawning habitat, seasonal range dynamics and movement and/or migration corridors. The analysis shall address the relative tolerance by species of human activities. The development proposal shall be evaluated in terms of its influence on the above wildlife factors and recommended mitigating measures shall be required for any area that would potentially degrade baseline populations and reproduction rates over the long term.
(2) Development Standards.
(a) No development approval shall be granted unless mitigation of adverse effects can be provided that will ensure continuation of baseline populations in the region for all endangered, threatened, candidate, monitor, sensitive and priority species.
(b) Development may be allowed when only species and habitats of local importance will suffer population declines or interruption of migration routes; provided, that adequate regional populations are maintained.
(c) Development reviews shall include regional species occurrence and movements and will avoid creating isolated subpopulations where warranted. (Ord. 536 § 1 (§ 25.04(2)(D)), 2000)
17.115.090 Development standards – Critical areas – Aquifer recharge areas.
(1) Site Analysis. Required for the purpose of delineating the recharge areas on a scaled development plan and providing detailed information on the following items:
(a) Hydrogeological susceptibility to contamination and contaminant loading potential.
(b) Depth to ground water.
(c) Hydraulic conductivity and gradient.
(d) Soil permeability and contamination attenuation.
(e) A vadose, or surface, zone analysis including permeability and attenuation properties.
(f) An analysis of the recharge area’s toleration for impervious surfaces in terms of both aquifer recharge and the effect on water quality degradation.
(g) A summary of the proposed development’s effect on the recharge area, concentrating on items in subsections (1)(d) and (1)(f) of this section.
(h) Existing water quality analysis.
(2) Development Standards.
(a) The site analysis will create a water quality baseline that will serve as a minimum standard that shall not be degraded by proposed development.
(b) The creation of additional impervious surfaces shall be limited to that amount described in the site analysis that will ensure adequate aquifer recharge and water quality protection.
(c) Development approvals shall ensure that all best management practices are employed to avoid introducing pollutants into the aquifer. This includes the complete collection and disposal of storm water outside of the aquifer recharge area for all development of impervious surfaces. (Ord. 536 § 1 (§ 25.04(2)(E)), 2000)
17.115.100 Nonconforming developments.
Within the natural resource lands and critical areas established by this code or subsequent amendments thereto, there may be developments and lots of record which were lawfully established or approved, but which would be prohibited, regulated or restricted under the terms of this title or future amendments. It is the intent of this title to permit these nonconformities to continue and to allow previously approved developments to reach the development conclusion anticipated in their approved applications. The lots of record within major subdivisions that have received preliminary plat approval and short plats filed for record at the Grant, Douglas, and Okanogan County auditor’s office will be considered building lots in all respects and exempt from the provisions of this title. Planned developments, conditional use permits and other land use applications approved prior to the effective date of the ordinance codified in this title are also exempt from this title. (Ord. 536 § 1 (§ 25.05), 2000)
17.115.110 Warning and disclaimer of liability.
The degree of hazard protection required by this title is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Catastrophic natural disasters can, and will, occur on rare occasions. This title does not imply that land outside the critical areas or activities permitted within such areas will be free from exposure or damage. This title shall not create liability on the part of Coulee Dam, and officers or employees thereof, for any damages that result from reliance on this title or any administrative decision lawfully made hereunder. (Ord. 536 § 1 (§ 25.06), 2000)