Chapter 16.16
CITY OF POMEROY CRITICAL AREAS
Sections:
16.16.050 Construction with other laws.
16.16.060 Best available science.
16.16.070 Mineral resource areas.
16.16.090 Aquifer recharge areas.
16.16.100 Frequently flooded areas.
16.16.110 Geologically hazardous areas.
16.16.120 Fish and wildlife habitat conservation areas.
16.16.130 Reasonable use exceptions.
16.16.140 Maintenance of existing structures and developments.
16.16.150 Exemptions from development standards.
16.16.160 Variances from the minimum requirements.
16.16.170 Performance assurance.
16.16.180 Warning and disclaimer of liability.
16.16.190 Civil penalties and enforcement.
16.16.010 Purpose.
This chapter is intended to promote the maintenance, enhancement and preservation of critical areas and environmentally sensitive natural systems by avoiding or minimizing adverse impacts from construction and development. This chapter implements the goals and objectives of the State of Washington Growth Management Act of 1990, Chapter 36.70A RCW, through the development and implementation of policies and regulations to manage critical areas in the public’s interest and welfare. It is not the intent of this chapter to deny a reasonable use of private property, but to assure that development on or near critical areas is accomplished in a manner that is sensitive to the environmental resources of the city. (Ord. 910, 2019; Ord. 804 §1 (part), 2004).
16.16.020 Goals.
In implementing the purposes stated above, it is the intent of this chapter to accomplish the following:
A. Protect environmentally sensitive natural areas and the functions they perform by the careful and considerate regulation of development;
B. To provide the maximum protection reasonable from the encroachment of changes in land use that would diminish the diversity of values or degrade the quality of wetlands located in the city;
C. To recognize the importance of protecting aquifer recharged areas. Due to the interrelatedness of the aquifers, population increases and environmental concerns, the city believes it is necessary to protect all aquifer recharge areas;
D. To promote efficient use of land and water resources by allocating frequently flooded areas to the uses for which they are best suited and to discourage obstructions to flood flows and uses which pollute or deteriorate natural waters and water courses;
E. To reduce the threat posed to the health and safety of citizens when commercial, residential or industrial development is cited in areas of significant geologic hazard. In some cases, the risk to development from geological hazards can be reduced or mitigated to acceptable levels by engineering design or modified construction practices. In areas in which these measures are not sufficient to reduce the risk from geological hazards, construction should be avoided;
F. To minimize the negative impacts of erosion resulting from development and construction on erosion hazard areas in the city and thereby reduce the damage to the natural environment, as well as to other development;
G. To protect the public from damage due to development on, or adjacent to, landslide hazard areas and to preserve the scenic quality and natural character of the city’s hillsides and to thereby protect the city’s water quality;
H. To recognize the importance of protecting fish and wildlife habitat conservation areas and protect these resources and encourage enhancement of fish and wildlife habitats when development influences are proposed;
I. To implement the goals, policies, and requirements of the Growth Management Act of 1990, Chapter 36.70A RCW. (Ord. 910, 2019; Ord. 804 §1 (part), 2004).
16.16.030 Definitions.
The following terms shall have the following meanings when used in this chapter and in other places in this code unless another meaning is clear from the use of the term:
“Alluvial fan” means a relatively flat to gently sloping mass of loose rock materials, shaped like an open fan or a segment of a cone, that has been deposited by a stream or debris flow at the place where it issues from a narrow mountain valley upon a plain or broad valley.
“Alluvium” means a general term for clay, silt, sand, gravel, or similar unconsolidated detrital materials, deposited during comparatively recent geologic time by a stream or other body of running water, as a sorted or semisorted sediment in the bed of the stream or on its floodplain or delta.
“Aquifer” is a subsurface, saturated geologic formation which produces, or is capable of producing, a sufficient quantity of water to serve as a private or public water supply.
“Aquifer recharge areas” means those areas which serve as critical ground water recharge areas and which are highly vulnerable to contamination from intensive land uses within these areas.
“Bedrock” means a general term for the rock, typically hard, consolidated geologic material, that underlies soil or other unconsolidated, superficial material.
“Code compliance officer” means the director of public works or such other person as the mayor may designate in writing.
“Critical areas” include the following areas and ecosystems:
1. Wetlands;
2. Aquifer recharge areas;
3. Frequently flooded areas (flood hazard areas);
4. Geologically hazardous areas; and
5. Fish and wildlife habitat conservation areas.
“Debris avalanche” means a rapid and sudden sliding or flow of rock materials; or the deposits of such materials.
“Debris flow” means a moving mass of rock fragments, soil and mud, more than half of the particles being larger than sand size. Rapid debris flows can move up to one hundred sixty kilometers per hour.
“Debris torrent” means a violent and rushing mass of water, logs, boulders and other debris.
“Earthflow” means a mass-movement landform and process characterized by downslope translation of soil and weathered rock over a discrete basal shear surface within well defined lateral boundaries. Earthflows grade into mudflows through a continuous range associated with increasing water contact.
“Erosion hazard area” means any area identified by the U.S. Department of Agriculture Natural Resource Conservation Service as having a severe rill and interrill erosion hazard.
“Fault” means a fracture or a zone of fractures along which there has been displacement of the sides relative to each other.
“Fault plane” means a fault surface that is more or less planar.
“Fish and wildlife habitat conservation” means land management for maintaining species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created. This does not mean maintaining all individuals of all species at all times, but it does mean that cooperative and coordinated land use planning is critically important in the city.
“Fish and wildlife habitat conservation areas” include:
1. Areas with which endangered, threatened, and sensitive species have primary association;
2. Habitats and species of local importance;
3. Commercial and recreational shellfish areas;
4. Naturally occurring ponds under twenty acres and their submerged aquatic beds that provide fish or wildlife habitat;
5. Waters of the state;
6. Lakes, ponds, streams and rivers planted with game fish by a governmental or tribal entity; or
7. State natural area preserves and natural resource conservation areas.
8. “Fish and wildlife habitat conservation areas” are areas that serve a critical role in sustaining needed habitats and species for the functional integrity of the ecosystem, and which, if altered, may reduce the likelihood that the species will persist over the long term. These areas may include, but are not limited to, rare or vulnerable ecological systems, communities, and habitat or habitat elements including seasonal ranges, breeding habitat, winter range, and movement corridors and areas with high relative population density or species richness. Counties and cities may also designate locally important habitats and species. “Fish and wildlife habitat conservation areas” was amended to reflect statutory amendment in 2012 to RCW 36.70A.030 to not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of, and are maintained by, a port district or an irrigation district or company.
“Flood hazard area” means an area of “special flood hazard” identified pursuant to PMC 16.18.320.
“Geologically hazardous area” means an area that, because of its susceptibility to erosion, sliding, earthquake or other geological event, is not suited to the siting of commercial, residential or industrial development consistent with public health or safety concerns. “Geologically hazardous area” includes any erosion hazard area, landslide hazard area, seismic hazard area, mine hazard area, and volcanic hazard area.
“Gradient” means a degree of inclination, or a rate of ascent or descent, of an inclined part of the earth’s surface with respect to the horizontal; the steepness of a slope. It is expressed as a ratio (vertical to horizontal), a fraction (such as meters/kilometers or feet/miles), a percentage (of horizontal distance), or an angle (in degrees).
“Joint” means a surface of fracture or parting in a rock, without lateral displacement; the surface is usually planar and commonly occurs in groups to form a joint set.
“Joint system” means two or more groups of joint sets that intersect.
“Lahar” means a mudflow or debris flow (mass movement) composed chiefly of volcaniclastic materials on the flank of a volcano. The debris carried in the flow includes pyroclasts, blocks from primary lava flows, and other rock debris.
“Landslide” means a general term covering a wide variety of mass movement landforms and processes involving the downslope transport, under gravitational influence, of soil and rock material en masse. Included are debris flows, debris avalanches, earthflows, mudflows, slumps, mudslides, rockslides and rock falls.
“Landslide hazard area” means an area subject to landslides based on a combination of geologic, topographic, and hydraulic factors. A landslide hazard area includes any area susceptible because of any combination of bedrock, soil, slope (gradient), slope aspect, structure, hydrology, or other factors. Examples of these areas may include, but are not limited to, the following:
1. Areas designated as slumps, earth flows, mudflows, lahars, or landslides on maps published by the U.S. Geological Survey;
2. Slope stability maps for the Pomeroy area provided by the Washington State Department of Natural Resources Division of Geology and Earth Resources;
3. City of Pomeroy critical areas inventory maps as the same exist now or may be hereafter developed and/or amended;
4. Areas with all three of the following characteristics: Slopes steeper than fifteen percent, hillsides intersecting geologic contacts with a relatively permeable sediment overlying a relatively impermeable sediment or bedrock, and springs or groundwater seepage;
5. Any areas of old landslide deposits;
6. Slopes that are parallel or subparallel to planes of weakness, such as bedding planes, joint systems, and fault planes in subsurface materials;
7. Areas potentially unstable as a result of rapid stream incision, stream bank erosion, and undercutting by wave action;
8. Areas that show evidence of, or are at risk from, snow avalanches;
9. Areas located in a canyon, ravine or bluff; and
10. Any area with a slope of thirty-five percent or steeper and with a vertical relief of ten or more feet.
“Mass wasting” (also known as “mass movement”) means a general term for the dislodgement and downslope transport of soil and rock material under the direct application of gravitational body stresses. Mass wasting includes slow displacements, such as creep and solifluction, and rapid movements such as rock falls, rockslides, and mud, earth and debris flows.
“Mine hazard area” means an area directly underlain by, adjacent to or affected by mine workings such as adits, tunnels, drifts or airshafts. Mine hazard areas may also include steep and unstable slopes created by open mines.
“Mineral resource area” means land that is not already characterized by urban growth and is of long-term commercial significance for the extraction of minerals, including gravel, sand and valuable metallic substances.
“Mudflow” means a general term for a mass movement landform and a process characterized by a flowing mass of predominantly fine-grained earth material possessing a high degree of fluidity during movement. If more than half of the solid fraction of such a mass consists of material larger than sand size, the term “debris flow” is preferable. The water content of mudflows may range up to sixty percent; with increasing fluidity, mudflows grade into muddy floods; with less fluidity, mudflows grade into earth flows.
“Mudslide” means a relatively slow-moving mudflow in which movement occurs predominantly by sliding upon a discrete boundary shear surface.
“Pyroclastic” means pertaining to clastic rock material formed by volcanic explosion or aerial expulsion from a volcanic vent.
“Pyroclastic flow” means hot clouds of ash, gas, and volcanic rock that flow rapidly down slope under gravity. These may flow at velocities up to one hundred fifty kilometers per hour. It is a synonym of ash flow, and may be projected from a laterally directed blast.
“Rill” means a steep-sided channel resulting from accelerated erosion. A rill generally is a few inches deep and not wide enough to be an obstacle for farm machinery. Rill erosion tends to occur on steep slopes with poor vegetative cover.
“Seismic hazard area” is an area posing significant, predictable hazards to life and property resulting from earthquakes and the associated ground shaking, differential settlement, and/or soil liquefaction.
“Slope” means:
1. Gradient; or
2. The inclined surface of any part on the earth’s surface. It is delineated by establishing its toe and top, and measured by averaging the inclination over at least ten feet of vertical relief.
“Slope failure” means gradual or rapid downslope movement of soil or rock under gravitational stress.
“Slump” means a landslide characterized by a shearing and rotary movement of a generally independent mass of rock or earth along a curved slip surface by backward tilting of the mass. Slumps occur in unconsolidated materials and are often the result of undercutting or steepening of the slope.
“Soil” means the upper layers of ground, consisting of unconsolidated materials typically made up of broken and decomposed rock and decayed organic matter.
“Tephra” is a collective term for all size grades of particles of solidified magma blown out under gas pressure from a volcanic vent.
“Toe” means:
1. The lowest part of a slope or cliff;
2. The downslope end of an alluvial fan; or
3. Landslide.
“Top” means:
1. The top of a slope; or
2. The highest point of contact above a landslide hazard area.
“Volcanic hazard area” means an area subject to pyroclastic flows, lateral blasts, tephra, lava flows, and inundation by debris flows, mudflows, avalanches, or related flooding resulting from volcanic activity.
“Wetland(s)” means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically 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, grassline swales, canals, detention facilities, wastewater treatment facilities, farm ponds, landscaped 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 artificial wetlands intentionally created from nonwetland areas to mitigate conversion of wetland.
“Wetland professional” means a qualified professional for wetlands who must be a professional wetland scientist with at least two years of full-time work experience as a wetlands professional, including delineating wetlands using the federal manual and supplements, preparing wetlands reports, conducting function assessments, and developing and implementing mitigation plans. (Ord. 910, 2019; Ord. 804 §1 (part), 2004).
16.16.040 Applicability.
A. General. This chapter applies to all designated or defined critical areas within the city.
B. Critical Area Review. All development proposals in critical areas, whether on public or private property, shall comply with the requirements of this chapter. The city code compliance officer shall utilize the procedures and rules established in the city of Pomeroy environmental policy ordinance (Chapter 16.14 PMC), as the same exists now or may be hereafter amended, to implement the provisions of this chapter. For purposes of this chapter, development proposals include any development project which would require any of the following:
1. Building permit for new construction;
2. Clearing and grading permit;
3. Any shoreline management permit as authorized under Chapter 90.58 RCW;
4. Site plan review;
5. Subdivision, short subdivision or planned unit development; and
6. Zoning code variance or conditional use permit.
C. Special Studies Required. When an applicant submits an application for any development proposal, the application shall indicate whether any critical area is located on the site. The city code compliance officer shall visit the site and, in conjunction with the review of the information provided by the applicant and any other suitable information, shall make a determination as to whether or not sufficient information is available to evaluate the proposal. If it is determined that the information presented is not sufficient to adequately evaluate a proposal, the city code compliance officer shall notify the applicant that special environmental studies are required. Special environmental studies shall include a comprehensive site inventory and analysis, a discussion of the potential impacts from the proposed development and specific measures designed to mitigate any potential adverse environmental impacts of the applicant’s proposal, on site and off site.
D. Appeals. A decision of the city code compliance officer to approve, conditionally approve, or deny a permit, or to make any official interpretation in the administration of this chapter may be appealed to the city council. Such appeal shall be in writing and must be submitted to the city clerk within fourteen days of the code compliance officer’s decision. The provisions of PMC 16.16.190, Civil penalties and enforcement, shall govern the procedures for penalties and enforcement. (Ord. 910, 2019; Ord. 804 §1 (part), 2004).
16.16.050 Construction with other laws.
A. Abrogation and Greater Restrictions. It is not intended that this chapter repeal, abrogate or impair any existing regulations, ordinances, easements, covenants or deed restrictions. However, when this chapter imposes greater restrictions than existing regulations, ordinances, easements, covenants or deed restrictions, then the provisions of this chapter shall prevail.
B. Interpretation. The provisions of this chapter shall be liberally construed to serve the purposes of this chapter.
C. Compliance with the provisions of this chapter does not constitute compliance with other federal, state, and local regulations and permit requirements that may be required (for example, Shoreline Substantial Development Permits, HPA permits, Army Corps of Engineers Section 404 permits, NPDES permits). The applicant is responsible for complying with these requirements, apart from the process established in this chapter. Where applicable, the designated official will encourage use of information such as permit applications to other agencies or special studies prepared in response to other regulatory requirements to support required documentation submitted for critical areas review. (Ord. 910, 2019; Ord. 804 §1 (part), 2004).
16.16.060 Best available science.
A. Protect Functions and Values of Critical Areas with Special Consideration to Anadromous Fish. Critical area reports and decisions to alter critical areas shall rely on the best available science to protect the functions and values of critical areas and must give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fish, such as salmon, steelhead, and bull trout, and their habitat.
B. Best Available Science to Be Consistent with Criteria. The best available science is that scientific information applicable to the critical area prepared by local, state, or federal natural resource agencies, a qualified scientific professional, or team of qualified scientific professionals that is consistent with criteria established in WAC 365-195-900 through 365-195-925, as the same exists now or may hereafter be amended. Such best available sciences include those publications listed in the Citations of Recommended Sources of Best Available Science for Designating and Protecting Critical Areas, as the same exists now or may hereafter be amended.
C. Characteristics of a Valid Scientific Process. in the context of critical areas protection, a valid scientific process is one that produces reliable information useful in understanding the consequences of a local government’s regulatory decisions, and in developing critical areas policies and development regulations that will be effective in protecting the functions and values of critical areas. To determine whether information received during the permit review process is reliable scientific information, the city shall determine whether the source of the information displays the characteristics of a valid scientific process. “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. Critical area reports and decisions to alter critical areas shall rely on the best available science to protect the functions and values of critical areas and must give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fish, such as salmon and bull trout, and their habitat.
D. Nonscientific Information. Nonscientific information may supplement scientific information, but it is not an adequate substitute for valid and available scientific information. (Ord. 910, 2019; Ord. 804 §1 (part), 2004).
16.16.070 Mineral resource areas.
A. Classification. Areas shall be classified as mineral resource areas based on geologic, environmental and economic factors, existing land uses, and land ownership. The following categories of mineral resource lands are established for the purpose of classification:
1. Metallics; and
2. Sand and gravel.
B. Designation. All existing and hereafter established sand and gravel extraction sites are designated as mineral resource areas of long-term commercial significance.
C. Regulations. The following regulations shall apply to new development and the expansion of existing development in mineral resource areas:
1. Settling ponds should be used on new rock pit developments to protect water quality and prevent sedimentation;
2. Mining sites should be encouraged to be located where adjacent lands are used for mining, open space, forestry, agricultural and industrial uses;
3. Mining sites should be located where the off-site effects of blasting, noise, dust and vibration from extractive operations are minimized;
4. Mining sites should be located and sited where heavy equipment, mines and pits can be screened from residential and commercial properties;
5. Filling for rock pit development should not be allowed in floodways and erosion control should be considered a priority and addressed in the operational plan;
6. Screening and buffering from adjacent properties should be the responsibility of the new or expanded mineral extraction development;
7. Assure the reclamation of land for redevelopment after the completion of gravel and mineral extraction including, but not limited to, weed control for a three- to five-year period with the intent being to reestablish adequate groundcover that is compatible with surrounding uses;
8. Protect mining sites from conflicting uses;
9. Protect areas of different use characteristics, but adjacent to or within three hundred feet of the mining site, from adverse effects of mineral extraction activities. (Ord. 910, 2019; Ord. 804 §1 (part), 2004).
16.16.080 Wetlands.
A. Identification. Identification of wetlands and delineation of their boundaries pursuant to this chapter shall be done in accordance with the approved federal wetland delineation manual and applicable regional supplements. All areas within the city of Pomeroy meeting the wetland designation criteria in that procedure are hereby designated critical areas and are subject to the provisions of this chapter. Classification of wetlands shall be prepared by a wetland professional. A qualified professional for wetlands must be a professional wetland scientist with at least two years of full-time work experience as a wetlands professional, including delineating wetlands using the federal manual and supplements, preparing wetlands reports, conducting function assessments, and developing and implementing mitigation plans.
B. Rating. The city shall use the Washington State Wetland Rating System for Eastern Washington: 2014 Update (Washington State Department of Ecology Publication No. 14-06-030, Olympia, WA, October 2014) to determine the relative functions, criticalness, uniqueness, and sensitivity of a wetland. 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 that clearly meet the criteria of separate categories exist. The following categories are consistent with the Washington State Wetland Rating System for Eastern Washington, which contains the definitions and methods for determining if the criteria below are met.
Category I wetlands are: (1) alkali wetlands; (2) wetlands of high conservation value that are identified by scientists of the Washington Natural Heritage Program/DNR; (3) bogs and calcareous fens; (4) mature and old-growth forested wetlands over one-quarter acre with slow-growing trees; (5) forests with stands of aspen; and (6) wetlands that perform many functions very well (scores between twenty-two and twenty-seven points). These wetlands are those that (1) represent a unique or rare wetland type; or (2) are more sensitive to disturbance than most wetlands; or (3) are relatively undisturbed and contain ecological attributes that are impossible to replace within a human lifetime; or (4) provide a high level of function.
Category II wetlands are: (1) forested wetlands in the floodplains of rivers; (2) mature and old-growth forested wetlands over one-quarter acre with fast-growing trees; (3) vernal pools; and (4) wetlands that perform functions well (scores between nineteen and twenty-one points). These wetlands are difficult, though not impossible, to replace and provide high levels of some functions. These wetlands occur more commonly than Category I wetlands but still need a relatively high level of protection.
Category III wetlands have a moderate level of functions (scores between sixteen and eighteen points). These wetlands can be often adequately replaced with a well-planned mitigation project. Wetlands scoring between sixteen and eighteen points generally have been disturbed in some ways and are often less diverse or more isolated from other natural resources in the landscape than Category II wetlands.
Category IV wetlands have the lowest level of functions (scores fewer than sixteen points) and are often heavily disturbed. These are wetlands that we should be able to replace, and in some cases be able to improve. However, experience has shown that replacement cannot be guaranteed in any specific case. These wetlands may provide some important functions and also need to be protected.
C. Regulations. The following regulations shall apply to development of wetlands:
1. Wetlands shall be protected, based on their quality established from the category rating system, from alterations which may create adverse impacts. The greatest protection shall be provided to Category I and II wetlands. Alterations shall not mean best management practices for agricultural which by design could be considered a change in land use, including but not limited to tillage practices, improved chemical application or practices which are intended to improve crop production and enhance the areas adjacent to wetlands.
2. A wetland buffer area of adequate width shall be maintained between wetlands and adjacent new development to protect the function and integrity of the wetland. The minimum horizontal width of buffer areas shall be no less than:
Category I wetlands – 250 feet;
Category II wetlands – 200 feet;
Category III wetlands – 150 feet;
Category IV wetlands – 50 feet.
3. The ultimate width of the established buffer shall be based upon the functioning and sensitivity of the wetlands, the characteristics of the existing buffer, the potential impacts associated with adjacent and proposed land use, and other existing regulations which may control the proposed activity. The city adopts by reference the Department of Ecology’s buffer strategy as Guidance on Widths of Buffers and Ratios for Compensatory Mitigation for Use with the Eastern Washington Wetland Rating System. Guidance found here: https://fortress.wa.gov/ecy/publications/parts/0506008part4.pdf
4. Wetland buffers shall be retained in their natural conditions unless a portion of a wetland buffer is proposed that will not have an adverse impact on the wetland, or adequate mitigation cannot be provided. The integrity of the wetland shall be maintained as a function of the buffer.
5. Activities or uses which would strip the riparian area of vegetative cover, cause substantial erosion of sedimentation or adversely affect aquatic life shall be prohibited.
6. Construction or structural riparian area stabilization and flood control works should be minimized. New developments should be designed to preclude the need for such works and should be compatible with riparian area characteristics and limitations.
7. Wetland alteration shall not cause significant adverse impacts to wetland ecosystems or surrounding areas, unless the impacts are unavoidable and necessary to the feasibility of the project. For wetlands, habitat, and other critical areas it essentially means to reduce the total adverse impacts of a project to an acceptable level. This can be accomplished through a variety of methods. Generally, avoiding the impact altogether is the preferred option. Methods to reduce impacts and mitigate for them should follow a series of steps taken in sequential order. They are:
a. Avoiding the impact altogether by not taking a certain action or parts of an action (usually by either finding another site or changing the location on the site).
b. Minimizing adverse impacts by limiting 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.
c. Rectifying adverse impacts to wetlands, critical aquifer recharge areas, frequently flooded areas, and habitat conservation areas by repairing, rehabilitating, or restoring the affected environment to the historical conditions or the conditions existing at the time of the initiation of the project.
d. Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineered or other methods.
e. Reducing or eliminating the adverse impacts or hazard over time by preservation and maintenance operations over the life of the action.
f. Compensating for adverse impacts to wetlands, critical aquifer recharge areas, frequently flooded areas, and habitat conservation areas by replacing, enhancing, or providing substitute resources or environments.
g. Monitoring the hazard or other required mitigation and taking remedial action when necessary.
8. When wetland alteration is unavoidable and necessary, the resulting impacts shall be offset through the deliberate restoration, creation or enhancement of wetlands or other mitigation acceptable to the city. In cases where the city has determined significant adverse impacts to wetland ecosystems or surrounding areas may occur, the applicant for development may be required by the city to comply with the following:
a. A comprehensive wetland mitigation plan shall be submitted to the city for its approval, for projects which may impact wetland areas to ensure long-term success of the project and wetland. Such plans shall provide for sufficient and continuous monitoring and contingencies to ensure natural wetland persistence.
b. A drainage plan shall be submitted to the city for approval by the city engineer to ensure that runoff caused by, but not limited to, such things as impervious surfaces, is avoided from entering into the wetland system.
c. Proposals for restoration, creation or enhancement shall be coordinated with appropriate resource agencies to ensure adequate design and consistency with other regulatory requirements.
d. Wetlands which are impacted by activities of a temporary nature shall have restoration begin immediately upon project completion. Monitoring of such wetland, as defined by the comprehensive wetland mitigation plan, shall be submitted to the city to ensure the completion of appropriate wetland restoration activities. The minimal mitigation ratio table shown below shall be utilized as a guide along with reference to Wetland Mitigation in Washington State, Part 1: Agency Policies and Guidance (Version 1, Ecology Publication No. 06-06-011a, March 2006) and Wetland Mitigation in Washington State, Part 2: Developing Mitigation Plans (Version 1, Ecology Publication No. 06-06-011b, March 2006).
|
Wetland Category |
Mitigation Ratio |
|---|---|
|
Category I |
6:1 |
|
Category II |
3:1 |
|
Category III |
2:1 |
|
Category IV |
1.5:1 |
e. In-kind replacement of functional values shall be provided whenever possible. Where in-kind replacement is not feasible or practical, due to the characteristics of the existing wetland, substitute resources of equal functional value as determined by the city code compliance officer shall be provided.
f. On-site replacement of wetlands shall be provided whenever practical. Where on-site replacement is not feasible or practical, due to characteristics of the existing location, replacement should occur within the same watershed and proximity. If necessary, wetlands artificially created and banked voluntarily may be used as such mitigation when approved by the city code compliance officer. The wetlands bank must be certified under state rules or the bank cannot be used for mitigation of impacts permitted under a 401 or AO.
g. Mitigation shall begin prior to use or occupancy of the activity, or a performance bond or cash deposit equal to 1.25 times the value of the replacement, restoration, creation or enhancement, as determined by the city, shall be submitted to the city in a form acceptable to the city, prior to wetland alteration. (Ord. 910, 2019; Ord. 804 §1 (part), 2004).
16.16.090 Aquifer recharge areas.
A. Classification. Aquifers that are providing potable water must be protected. Since inadequate information is available about aquifers in the city, all aquifer recharge areas should be protected. The publication Guidance Document for Establishment of Critical Aquifer Recharge Area Ordinance may be used to classify aquifers and aquifer recharge areas.
B. Designation. All aquifer recharge areas are hereby designated as aquifer recharge areas subject to the provisions of this section.
C. Regulation. The following regulations shall apply to aquifer recharge areas in the city:
1. The city encourages the establishment of land use intensity limitations, particularly residential, in accordance with the availability of sanitary sewers. Cluster development is also encouraged.
2. The city prohibits the disposal of hazardous materials within aquifer recharge areas.
3. Agricultural activities, including commercial and hobby farms, are encouraged to incorporate best management practices concerning animal keeping, animal waste disposal, fertilizer use, pesticide use, and stream corridor management.
4. Fertilizer and pesticide management practices of schools, parks and other nonresidential facilities that maintain large landscaped areas should be evaluated in relation to best management practices as recommended by the Washington State University Cooperative Extension Service.
5. An applicant for development of property must prove that the development proposal will not adversely affect the recharge of an aquifer.
6. Within aquifer recharge areas, subdivisions, short plats and other divisions of land shall be evaluated for impact on ground water quality. The following measures may be required as determined by the code compliance officer upon consultation with the Garfield County Health District:
a. An analysis of the potential nitrate loading to the ground water may be required to assess the impact on ground water quality.
b. Alternate site designs, phased development and/or ground water quality monitoring may be required to reduce contaminated loading where site conditions indicate that the proposed action will measurably degrade ground water quality.
c. Open space may be required on development proposals overlying areas highly susceptible for contaminating ground water resources.
d. Community/public water systems are encouraged and may be required where site conditions indicate a high degree of potential contamination to individual wells from on-site or off-site sources.
e. When wells are required to be abandoned, the applicant shall ensure that they are abandoned according to the Washington State Department of Ecology requirements.
7. All proposed development shall be required to connect to or have a sanitary sewer system.
8. Development proposed on land that could negatively impact the quality of the aquifer must demonstrate conclusively that the negative impacts may be overcome in such a manner as to prevent adverse impacts on the underlying aquifer.
9. Underground fuel or storage tanks located within the critical recharge areas shall require ground water monitoring provisions related to the development to continuously monitor ground water quality. The placement of underground fuel or storage tanks must comply with all applicable state and federal regulations. (Ord. 910, 2019; Ord. 804 §1 (part), 2004).
16.16.100 Frequently flooded areas.
A. Application. Areas which are prone to flooding and which are identified in the Federal Emergency Management Agency Flood Insurance Rate Maps shall be subject to the requirements of this section.
B. Regulation. All development within areas of special flood hazard as identified in the Federal Emergency Management Agency Flood Insurance Rate Maps for the city of Pomeroy shall be subject to the requirements of city of Pomeroy flood damage prevention ordinance, Chapter 16.18 PMC. (Ord. 910, 2019; Ord. 804 §1 (part), 2004).
16.16.110 Geologically hazardous areas.
Geological hazards pose a threat to the health and safety of citizens when commercial, residential or industrial development is sited in areas of significant hazard. In areas in which these measures are not sufficient to reduce the risk from geological hazards, building is best avoided. Areas that are susceptible to one or more of the following types of hazards are defined as a geologically hazardous area: (1) landslide hazard area; (2) erosion hazard area; (3) seismic hazard area; (4) volcanic hazard area; (5) mine hazard area.
A. Classification. Classification and rating of these areas will be based upon the risk to development in geologically hazardous areas. The following categories shall be used:
1. Known or suspected risk;
2. No risk;
3. Risk unknown.
B. Landslide Hazard Areas. The purpose of this section is to protect the public from damage due to development on, or adjacent to, landslides, to preserve the scenic quality and natural character of the city of Pomeroy’s hillsides and to protect water quality.
1. Land to Which This Subsection Applies. This subsection shall apply to all landslide hazard areas in the city with the exception of public trails. Public trails may be allowed on landslide hazard areas provided they adhere to the construction and maintenance standards in the U.S. Forest Service “Trails Management Handbook” (FSH 2309.18), as the same exists now or may hereafter be amended. Public trails do not include routes constructed for motorized vehicle travel.
2. Procedure for Development Approval.
a. Prior to preparation of a proposal involving alteration of a landslide hazard area, the applicant shall contact the city to discuss the overall feasibility, scope of studies and regulatory restrictions relevant to site preparation.
b. All applications for development within a landslide hazard area or its buffer shall include preliminary information to assist the city in determining the need for a geological or geotechnical report performed by a qualified geologist or geotechnical engineer. Preliminary information and reports will be used to determine conditions for project approval. Preliminary information submitted to the city shall include the following, together with any additional information and reports requested by the city for the specific development proposal:
i. Applicant’s and consultant’s (or agent’s) names, addresses and phone numbers;
ii. Project name and the nature and type of project;
iii. Location and size of area, and the general setting with respect to major or regional geographic and geologic features;
iv. Expected project cost;
v. Purpose and scope of the report and geological investigation, including the proposed use of the site, level of study, i.e., feasibility, preliminary, final;
vi. Brief description of proposed site development, grading, structures and utilities;
vii. Finished floor grades and excavation levels;
viii. Known soils in and around project area and soil thicknesses;
ix. Maximum and minimum slopes in percent, average slope gradient;
x. Water courses and drainages;
xi. Topography and drainage within or affecting the area;
xii. General nature and distribution of exposures of earth materials within the area. Regional and local geology;
xiii. Disclosure of known or suspected geological hazards affecting the area, including a statement regarding past performance of existing facilities (such as buildings or utilities) in the immediate vicinity. This shall include a history of slope failures, rockslides, debris torrents, and seismic activity;
xiv. Locations of test holes and excavations (drill holes, water wells, test pits and trenches) shown on maps and sections and described in the text of the report. The actual bore logs, data or processed data upon which interpretations are based shall be included in the report to permit technical reviewers to make their own assessments regarding reliability and interpretation.
3. Standards.
a. Buffers. To maintain the natural integrity of landslide hazard areas and to protect the environment, and the public health and safety, the following provisions shall be maintained:
i. A fifty-foot buffer of existing vegetation shall be established from the top, toe and along all sides of the landslide hazard area.
ii. The city code compliance officer may increase the buffer up to one hundred percent for all or part of the buffer area based on the following factors: (A) analysis of the required special reports; (B) as necessary to protect the public health and safety.
iii. The city code compliance officer may reduce the buffer by up to fifty percent for all or part of the buffer area based on an analysis of the required special reports.
b. Development proposals that involve altering land upon areas identified as landslide hazard areas or their buffers must demonstrate the following for approval:
i. There is no evidence of past landslides in the vicinity of the proposed development and quantitative analysis of slope stability indicates no significant risk to the proposed development or other properties.
ii. The landslide hazard area can be modified or the project can be designed so that the landslide hazard to the project is eliminated.
iii. The development proposal would cause no increase in surface water discharge or sedimentation to other properties, and would not decrease slope stability on other properties.
iv. Disturbance of trees and vegetation would be minimal in order to prevent erosion, stabilize slopes, and preserve the natural character of the area.
v. Structures and improvements would be located to preserve the most sensitive portion of the site and its natural landforms and vegetation.
C. Erosion Hazard Areas.
1. Purpose. Erosion in the city is a common occurrence due to hydrologic and geologic characteristics, vegetative conditions and human land use. The purpose of this section is to minimize the negative impacts of human land use on erosion hazard areas and thereby reduce the damage to the natural environment as well as human-built systems.
2. Land to Which This Subsection Applies. This subsection pertains to soils in the city that demonstrate erosion hazard potential under development conditions, and/or are identified as such by the U.S. Department of Agriculture National Resource Conservation Service, as the same exists now or may be hereafter amended.
3. Procedure for Development Approval.
a. Any applications for development that may be located in such area must include preliminary information to assist the city in determining the need for a geological and geotechnical report. Preliminary information and reports will be used to determine conditions for project approval. Preliminary information shall include that information required in subsection (B)(2) of this section.
b. On lands being used for agricultural purposes, conservation techniques must be used to reduce the amount of erosion caused by water. Said techniques may include early fall seeding, stubble mulch tillage, grassed waterways, terraces, diversions or strip cropping. Conservation techniques must also be used to reduce the amount of wind erosion.
c. All authorized clearing for roads and utilities shall be limited to the minimum necessary to accomplish engineering design. Alterations must meet the following requirements:
i. Clearing, grading or filling of sloped sites containing erosion hazard areas shall be limited by weather conditions and an approved erosion control plan.
ii. All clearing shall be marked in the field for inspection and approval prior to alteration of the site.
iii. The face of cut and fill on slopes shall be prepared and maintained to control against erosion.
d. An erosion control plan must be submitted by the applicant for a development, prior to approval of the proposal. To minimize blowing soil during development, appropriate water and/or mulch material must be applied to any areas without a vegetative cover.
D. Seismic Hazards – Land to Which This Subsection Applies. There have been no specifically identified areas in the city which would pose significant, predictable hazards to life and property resulting from earthquakes and the associated ground shaking, differential settlement and/or soil liquefaction.
1. Procedure for Development Approval.
a. At such time a seismic hazard area is identified in the city, any application for development that may be located in such area must include preliminary information to assist the city in determining the need for a geological and geotechnical report. Preliminary information and reports will be used to determine conditions for project approval. Preliminary information shall include that information required in subsection (B)(2) of this section.
b. Any development located in such an area must be designed so that it will be as safe from any earthquake damage as a similar development not located in a seismic hazard area.
E. Volcanic Hazard Areas – Land to Which This Section Applies. Because there is no river or valley which heads on or near a volcano that flows through the city, there would be no significant damage to people and/or property expected from debris flows, mudflows or related flooding resulting from volcanic activity.
1. Procedure for Development Approval.
a. At such time a volcanic hazard area is identified in the city, any application for development that may be located in such area must include preliminary information to assist the city in determining the need for a geological and geotechnical report. Preliminary information and reports will be used to determine conditions for project approval. Preliminary information shall include that information required in subsection (B)(2) of this section.
b. Any development located in such an area must be designed so that it will be as safe from any volcanic damage as a similar development not located in a volcanic hazard area.
F. Mine Hazard Area – Land to Which This Section Applies. Because of the geology of the city, there has been little or no historical subsurface mining that could have left areas honeycombed with abandoned mine tunnels. Any open mining is required to have both an approved erosion control plan and an approved reclamation plan that will address steep and unstable slopes.
1. Procedure for Development Approval.
a. At such time a mine hazard area is identified in the city, any application for development that may be located in such area must include preliminary information to assist the city in determining the need for a geological and geotechnical report. Preliminary information and reports will be used to determine conditions for project approval. Preliminary information shall include that information required in subsection (B)(2) of this section.
b. Any development located in such an area must be designed so that it will be as safe from any mine hazard damage as a similar development not located in a mine hazard area. (Ord. 910, 2019; Ord. 804 §1 (part), 2004).
16.16.120 Fish and wildlife habitat conservation areas.
A. Classification. The following are the classifications of fish and wildlife habitat conservation areas:
1. Class I – Shoreline Areas. Shoreline areas include:
a. Shorelines of the state and their riparian zone;
b. Shorelines of statewide significance and their riparian zone;
c. Shorelines identified in the city of Pomeroy Shoreline Master Program and Garfield County Shoreline Management Plan.
2. Class II – Upland Wet Areas. Upland wet areas include natural drainage ways, wetlands, springs, ponds, streams, ephemeral streams, and the like that provide a diversity of habitat types.
3. Class III – Upland Dry Areas. Upland dry areas include shrub-steppe areas that have been recognized for providing important habitat for a diversity of species.
B. Designation. All lands and shorelands classified as fish and wildlife habitat conservation areas are hereby designated as fish and wildlife habitat conservation areas.
C. Regulations. The following regulations shall apply to development in fish and wildlife habitat conservation areas:
1. The city encourages the preservation of blocks of fish and wildlife habitat conservation areas and the connections between them by agriculturalists.
2. Proper riparian management that maintains existing riparian habitat and is consistent with best agricultural management practices shall be required.
3. Land uses adjacent to naturally occurring ponds and other fish and wildlife habitat areas shall not negatively impact the habitat areas. If a change in land use occurs, adequate buffers from nonagricultural land uses shall be provided. Such buffers shall be as determined by the city code compliance officer.
4. Activities allowed in fish and wildlife habitat conservation areas and open space shall be consistent with the species located and all applicable state and federal regulations regarding that species.
5. Development in fish and wildlife habitat conservation areas shall be in accordance with the requirements of the city zoning code, Chapter 16.22 PMC, and any overlapping critical area classification requirements.
6. The city shall consider the impacts of new development on the quality of land, wildlife and vegetative resources and require any appropriate mitigating measures. Such mitigation may involve the retention and/or enhancement of fish and wildlife habitats. (Ord. 910, 2019; Ord. 804 §1 (part), 2004).
16.16.130 Reasonable use exceptions.
If the application of this chapter would preclude all reasonable use of a site, development may be permitted, consistent with the general purposes and intent of this chapter.
A. Information Required. An application for a reasonable use exception shall be made in writing to the code compliance officer and shall include the following information:
1. A description of the area of the site which is within a critical resource area as defined in this chapter;
2. The area of the site which is regulated under the applicable minimum setbacks and maximum land coverage provisions of the zoning code, Chapter 16.22 PMC;
3. An analysis of the impact that the amount of development proposed would have on the critical area as defined under this chapter;
4. An analysis of whether any other reasonable use with less impact on the critical area is possible;
5. A design of the project, as proposed as a reasonable use, so that the development will have the least practicable impact on the critical area;
6. A description and analysis of the modification requested of the minimum requirements of this chapter to accommodate the proposed development;
7. A current listing of all adjacent and abutting property owners designating the name and address of such owners;
8. Such other information as may be required by the code compliance officer which is reasonable and necessary to evaluate the reasonable use respective to the proposed development.
B. Findings for Approval of Reasonable Use Exception. If an applicant successfully demonstrates that the requirements of this chapter would deny all reasonable use of a site, development may be permitted. The code compliance officer shall make written findings as follows:
1. There is no feasible alternative to the proposed development which has less impact on the critical area;
2. The proposed development does not present a threat to the public health, safety or welfare;
3. Any modification of the requirements of this chapter shall be the minimum necessary to allow for the reasonable use of the property;
4. The inability of the applicant to derive a reasonable use of the property is not the result of actions by the applicant which resulted in the creation of the undevelopable condition after the effective date of the ordinance codified in this chapter;
5. The proposal mitigates the impacts to the critical area to the maximum extent practicable, while maintaining the reasonable use of the site;
6. That all other provisions of this chapter apply except those modified to the minimum extent necessary to allow for the reasonable use of the site or property. The code compliance officer may impose any reasonable conditions on the granting of the reasonable use exception, consistent with the minimum requirements of this chapter.
Any alteration of a critical area approved under this section shall be subject to appropriate conditions and will require mitigation under an approved mitigation plan.
Classifying, inventorying, and designating lands does not imply a change in a landowner’s right to use his or her land under current law. The law requires that natural resource land uses be protected from land uses on adjacent lands that would restrict resource production. Development regulations adopted to protect critical areas may limit some land development options.
C. Notification of Decision. A decision by the code compliance officer under this section shall be provided, in writing, to the applicant and all property owners adjacent to or abutting the site.
D. Appeal of Code Compliance Officer’s Decision. The decision of the code compliance officer is appealable. Any appeal shall be in writing and submitted within fourteen days of the applicant’s receipt of the code compliance officer’s written decision. The provisions of Chapter 16.06 PMC shall govern the appeal procedure.
E. Limits of Applying Reasonable Use Exception. A reasonable use exception shall be considered in those situations where a reasonable use would be prohibited under this chapter. An applicant who seeks an exception from the minimum requirements of this chapter shall request a variance under the provisions of this chapter.
F. Time Limitation. A development exception shall be valid for a period of one year unless an extension is granted by the code compliance officer at least thirty days prior to the expiration date. Any extension granted shall be on a one-time basis and shall be valid for a period as established by the code compliance officer, but shall not exceed one year. The time limit is void if the applicant fails to procure the necessary development permit within the time allotted. The code compliance officer may grant a time extension if:
1. Unforeseen circumstances or conditions necessitate the extension of the development exception;
2. Termination of the development exception would result in unreasonable hardship to the applicant, and the applicant is not responsible for the delay; and
3. The extension of the development exception will not cause adverse impacts to critical areas. (Ord. 910, 2019; Ord. 804 §1 (part), 2004).
16.16.140 Maintenance of existing structures and developments.
Structures and developments lawfully existing prior to the adoption of this chapter shall be allowed to be maintained and repaired without any additional review procedures under this chapter. Maintenance consists of usual actions necessary to prevent a decline, lapse or cessation from a lawfully established condition. Repair consists of the restoration of a development comparable to its original condition within one year of sustaining partial destruction; provided, that the repair activity remains consistent with the provisions of this chapter and does not increase its nonconformity. Partial destruction shall include up to fifty percent destruction of the structure. Destruction in excess of fifty percent of the structure shall require any rebuild to conform to this chapter. Partial destruction shall include damage incurred as a result of accident, fire or the elements. In addition to the requirements of this section, the requirements of the city zoning code, Chapter 16.22 PMC, governing nonconforming uses and structures, as the same exists now or may hereafter be amended, shall apply. (Ord. 910, 2019; Ord. 804 §1 (part), 2004).
16.16.150 Exemptions from development standards.
Certain activities and uses may be of such impact and character or of such dependency to the maintenance and welfare of a lawfully permitted use that the requirements of this chapter shall not apply and may be waived at the discretion of the city code compliance officer. Notwithstanding the requirements of Chapter 16.22 PMC, the city zoning code, the following uses and activities are exempt from the requirements of this section:
A. Minimum actions necessary to protect life or property in an emergency situation. Qualification as an emergency shall be based upon the factual occurrence or eminent threat of danger. Post-emergency mitigations shall be implemented to the extent practicable to minimize impacts;
B. Public pedestrian trails which consist of a trail surface not exceeding ten feet in width;
C. Science research and educational facilities, including archaeological sites and attendant excavation, which do not require the construction of permanent structures or roads for vehicle access;
D. Subsurface drilling for geological exploration associated with a proposed development which is not exempt from the requirements of this chapter;
E. The placement of signs consistent with city sign ordinances.
When the requirements of this chapter are waived or the activity is exempt, best management practices should apply. (Ord. 910, 2019; Ord. 804 §1 (part), 2004).
16.16.160 Variances from the minimum requirements.
A. Variance applications shall be considered by the city according to variance procedures described in Chapter 16.22 PMC, as the same exists now or may hereafter be amended, except that required showings for a variance shall be in accordance with this section.
B. The city shall have the authority to grant a variance from the provisions of this chapter, when, in the opinion of the city, the conditions as set forth below have been found to exist. In such cases, a variance may be granted which is in harmony with the general purpose and intent of this chapter.
1. Required Showings for a Variance. Before any variance may be granted, it shall be shown:
a. That there are special circumstances applicable to the subject property or to the intended use such as shape, topography, location, or surroundings that do not apply generally to other properties and which support the granting of a variance from the minimum requirements;
b. That such variance is necessary for the preservation and enjoyment of a substantial property right or use possessed by other similarly situated property but which, because of this chapter, is denied to the property in question; and
c. That the granting of such variance will not be materially detrimental to abutting or adjacent properties or to the general public welfare.
2. When granting a variance, the city shall determine that the circumstances do exist as required by this section, and attach specific conditions to the variance which shall serve to accomplish the standards, criteria, and policies established by this chapter.
3. To apply for a variance, the applicant shall submit to the city a complete variance application. Such application shall include a site plan, pertinent information, a cover letter addressing the required showings for a variance, and required fees. A completed application shall also include any other information specifically requested by the city code compliance officer. (Ord. 910, 2019; Ord. 804 §1 (part), 2004).
16.16.170 Performance assurance.
A. Performance assurance devices shall take the form of one of the following:
1. A surety bond executed by a surety company authorized to transact business in the state in a form approved by the city; or
2. Cash.
B. If a performance assurance device is employed, the property owner shall provide the city with a nonrevocable notarized agreement granting the city and its agents the right to enter the property and perform any required work remaining undone at the expiration of the assurance device.
C. If the developer/property owner fails to carry out provisions of the agreement and the city has incurred costs or expenses resulting from such failure, including reasonable attorney’s fees, the city shall call on the bond or cash deposit reimbursement. If the amount of the bond or cash deposit is less than the cost and expense incurred by the city, the developer/property owner shall be liable to the city for the difference. If the amount of the bond or cash deposit exceeds the cost and expense incurred by the city, the remainder shall be released. (Ord. 910, 2019; Ord. 804 §1 (part), 2004).
16.16.180 Warning and disclaimer of liability.
The degree of hazard protection required by this chapter 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 chapter does not imply that land outside the critical areas or activities permitted within such areas will be free from exposure or damage. This chapter and its implementation by the city shall not create liability on the part of the city, its officers, or employees, for any damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. (Ord. 910, 2019; Ord. 804 §1 (part), 2004).
16.16.190 Civil penalties and enforcement.
A. The code compliance officer shall have authority to enforce this chapter, and any rule or regulation adopted, and any permit, order or approval issued pursuant to this chapter against any violation or threatened violation thereof. The code compliance officer is authorized to issue violation notices and administrative orders, levy fines and/or institute legal actions in court. Recourse to any single remedy shall not preclude recourse to any of the other remedies. Each violation of this chapter, or any rule or regulation adopted, or any permit, permit condition, approval or order issued pursuant to this chapter, shall be a separate offense and in the case of a continuing violation, each day’s continuance shall be deemed to be a separate and distinct offense. All costs, fees and expenses, including reasonable attorney’s fees incurred in connection with civil enforcement actions, may be recovered as civil penalties against the violator.
B. Any person who undertakes any activity within a critical area without first obtaining an approval required by this chapter, except as specifically exempted, or any person who violates one or more conditions of any approval required by this chapter, or of any cease and desist order issued pursuant to this chapter, shall be subject to a civil penalty assessed in the appropriate court for each violation. In the case of a continuing violation, each permit violation and each day of activity, without a required approval, shall be a separate and distinct violation. The civil penalty shall be assessed at a rate of two hundred fifty dollars ($250) per day, per violation. (Ord. 910, 2019; Ord. 804 §1 (part), 2004).