20D.140.10 Critical Areas.

20D.140.10-010 Purpose and Intent.

(1) The City finds that Redmond contains certain areas that can be identified and characterized as environmentally sensitive or critical. Such areas within the City include fish and wildlife habitat conservation areas, wetlands, frequently flooded areas, geologically hazardous areas, and critical aquifer recharge areas, and their associated buffers.

(2) The City finds that past growth patterns have in some cases resulted in natural disasters which threaten public health and safety, and that by preventing development on certain critical areas the City can better maintain public health, safety and welfare. In addition, by preserving features that provide for clean water, fisheries, and wildlife, the City can help maintain a positive ecological balance that provides for the immediate and long-term public welfare. This chapter is intended to preserve the City’s important environmental features while allowing development to occur if compatible with and in consideration of these critical areas.

(3) The classification and designation of these critical areas is intended to assure the conservation and protection of critical areas from loss or degradation, and to restrict land uses and development which are incompatible with environmentally critical areas. It is the intent of this chapter to designate and protect critical areas.

(4) The City finds that these essential critical areas perform a variety of valuable and beneficial biological and physical functions that benefit the City and its residents. Some types of critical areas may also pose a threat to human safety or to public and private property. The City further finds that the functions of critical areas include the following:

(a) Fish and Wildlife Habitat Conservation Areas. Wildlife areas are ecosystems composed of unique interacting systems of soils, geology, topography, and plant and animal communities. They consist of land-based areas and aquatic areas.

Wildlife habitat provides opportunities for food, cover, nesting, breeding and movement for fish and wildlife within the City; maintains and promotes diversity of species and habitat within the City; helps to maintain air and water quality; controls erosion; serves as areas for recreation, education and scientific study and aesthetic appreciation; and provides neighborhood separation and visual diversity within urban areas.

Riparian corridors are essential for wild fish populations. Healthy riparian zones are dynamic ecosystems that perform various functions that form salmonid habitat. Some of the major functions include: producing and delivering large and small woody debris to shorelines and stream channels; shoreline protection and habitat formation; removing sediments and dissolved chemicals from water; moderating water temperature; providing favorable microclimate; providing habitat for terrestrial animals; and providing proper nutrient sources for aquatic life. Additionally, aquatic areas and their associated buffers store and convey storm water and floodwater; recharge groundwater; and serve as areas for recreation, education and scientific study and aesthetic appreciation. The City’s overall goal shall be no net loss of riparian corridor functions and values.

The primary purpose of fish and wildlife habitat conservation areas regulations is to achieve no net loss of core preservation areas, which includes riparian corridors, minimize impact to and retain character of quality habitat areas, and protect species of concern, priority species, and species of local importance.

(b) Wetlands. Wetlands are fragile ecosystems which serve a number of important beneficial functions. Wetlands assist in the reduction of erosion, siltation, flooding, ground and surface water pollution, and provide wildlife, plant, and fisheries habitats. Wetlands destruction and impairment may result in increased public and private costs or property losses.

The City’s overall goal shall be to achieve no net loss of wetlands. This goal shall be implemented through retention of the function, value and acreage of wetlands within the City. Wetland buffers serve to moderate runoff volume and flow rates; reduce sediment, chemical nutrient and toxic pollutants; provide shading to maintain desirable water temperatures; provide habitat for wildlife; protect wetland resources from harmful intrusion; and generally preserve the ecological integrity of the wetland area.

The primary purpose of the wetland regulations is to avoid wetland impacts and achieve a goal of no net loss of wetland function, value and acreage; and where possible enhance and restore wetlands.

(c) Frequently Flooded Areas. Floodplains and other areas subject to flooding perform important hydrologic functions and may present a risk to persons and property. Floodplains help to store and convey storm water and flood water; recharge ground water; provide important areas for riparian habitat; and serve as areas for recreation, education, and scientific study. Development within floodplain areas can be hazardous to those inhabiting such development, and to those living upstream and downstream. Floods also cause substantial damage to public and private property that result in significant costs to the public and individuals.

The primary purpose of frequently flooded areas regulations is to strive towards no net loss of structure, value, and functions of natural systems within frequently flooded areas and to employ no net impact floodplain management in order to avoid impacts to upstream and downstream properties and substantial risk and damage to public and private property and loss of life.

(d) Critical Aquifer Recharge Areas. Potable water is an essential life-sustaining element. Aquifer recharge areas provide a source of potable water and contribute to stream discharge during periods of low flow. The City finds that certain portions of its planning area are susceptible to contamination of drinking water and watercourse supplies through rapid infiltration of pollutants through the soil to ground water aquifers.

The primary purpose of aquifer recharge area regulations is to protect critical aquifer recharge areas by avoiding land use activities that pose potential contamination; and to minimize impacts to recharge areas through the application of strict performance standards.

Wellhead Protection Zones 1, 2, and 3 are designated as critical aquifer recharge areas under the provisions of the Growth Management Act (Chapter 36.70A RCW) and are established based on proximity to and travel time of groundwater to the City’s public water source wells.

(e) Geologically Hazardous Areas. Geologically hazardous areas include areas susceptible to erosion, sliding, earthquake, or other geological events. They pose a threat to the health and safety of citizens when incompatible commercial, residential, or industrial development is sited in or near areas of significant hazard. Some geological hazards can be reduced or mitigated by engineering, design, or modified construction so that risks to health and safety are acceptable. When technology cannot reduce risks to acceptable levels, building in geologically hazardous areas should be avoided.

The primary purpose of geologically hazardous areas regulations is to avoid and minimize potential impacts to life and property from geologic hazards such that sites are rendered as safe as one not containing such hazard through appropriate levels of study and analysis, application of sound engineering principles, and regulation or limitation of land uses.

The City finds, therefore, that identification, regulation and protection of critical areas are necessary to protect the public health, safety and general welfare.

(5) This section of the Redmond Community Development Guide contains standards, guidelines, criteria and requirements intended to identify, analyze, preserve and mitigate potential impacts to the City’s critical areas and to enhance and restore degraded resources, such as wetlands, riparian stream corridors or habitat, where possible. The intent of these regulations is to avoid impacts to critical areas and preserve the functions of critical areas. In appropriate circumstances, impacts to specified critical areas resulting from regulated activities may be minimized, rectified, reduced and/or compensated for, consistent with the requirements of this chapter.

(6) By limiting development and alteration of critical areas, this chapter seeks to:

(a) Protect members of the public and public resources and facilities from injury, loss of life, or property damage due to landslides and steep slope failures, erosion, seismic events, or flooding;

(b) Protect unique, fragile, and valuable elements of the environment, including ground and surface waters, wetlands, and fish and wildlife and their habitats;

(c) Direct activities not dependent on critical area resources to less ecologically sensitive sites and mitigate unavoidable impacts to critical areas by regulating alterations in and adjacent to critical areas; and

(d) Prevent cumulative adverse environmental impacts to water quality, wetlands, and fish and wildlife habitat, and the overall net loss of wetlands, frequently flooded areas, and habitat conservation areas.

(7) It is the further intent of this section to:

(a) Provide standards, guidelines, and criteria to guide application of these critical areas goals and policies when considered with other goals and policies of the Redmond Community Development Guide, including those pertaining to natural features and environmental protection;

(b) Serve as a basis for exercise of the City’s substantive authority under the State Environmental Policy Act (SEPA) and the City’s SEPA rules;

(c) Protect critical areas in accordance with the Growth Management Act and through the application of best available science, as determined according to WAC 365-195-900 through 365-195-925, and in consultation with state and federal agencies and other qualified professionals; and

(d) Coordinate environmental review and permitting of proposals to avoid duplication and delay.

(8) For the purposes of this chapter, “department” shall mean the City of Redmond Department of Planning and Community Development and “committee” shall mean the City of Redmond Technical Committee. (Ord. 2259)

20D.140.10-020 Applicability – Regulated Activities.

(1) The provisions of this chapter shall apply to any activity that has a potential to significantly adversely impact a critical area or its established buffer unless otherwise exempt. Such activities include but are not limited to:

(a) Removing, excavating, disturbing or dredging soil, sand, gravel, minerals, organic matter or materials of any kind;

(b) Dumping, discharging or filling with any material;

(d) Driving pilings or placing obstructions;

(e) Constructing, reconstructing, demolishing or altering the size of any structure or infrastructure that results in disturbance of a critical area or the addition of any impervious surface coverage to a site;

(f) Destroying or altering vegetation through clearing, grading, harvesting, shading or planting vegetation that would alter the character of a critical area;

(g) Activities that result in significant changes in water temperature, physical or chemical characteristics of water sources, including quantity and pollutants; and

(h) Any other activity that has a potential to significantly adversely impact a critical area or established buffer not otherwise exempt from the provisions of this chapter;

(i) With regard to frequently flooded areas, the provisions of this chapter shall apply to any activity that would result in change to the flood storage capacity of a floodplain or flood fringe area, or cause an increase in the base flood elevation, unless otherwise exempt.

(2) To avoid duplication, Types I, II, III, IV, V, and VI Permits shall be subject to and coordinated with the requirements of this chapter. (Ord. 2259)

20D.140.10-030 Exemptions.

(1) The following activities shall be exempt from the provisions of this chapter:

(a) Existing and ongoing agricultural activities provided no alteration of flood storage capacity or conveyance occurs and the activity does not adversely affect critical areas, or existing and on-going agricultural activities identified in a farm plan approved by both the King County Conservation District and the City;

(b) Activities involving artificially created wetlands or streams intentionally created from nonwetland sites, including but not limited to grass-lined swales, irrigation and drainage ditches, detention facilities, and landscape features, except wetlands, streams or swales created as mitigation or that provide habitat for salmonid fishes;

(c) Activities occurring in areas of 40 percent slope or greater with a vertical elevation change of up to 10 feet based upon City review of a soils report prepared by a geologist or geotechnical engineer which demonstrates that no significant adverse impact will result from the exemption;

(d) Normal and routine maintenance, operation and reconstruction of existing roads, streets, utilities and associated rights-of-way and structures; provided, that reconstruction of any structures may not increase the impervious area, remove flood storage capacity, or further encroach into a critical area or its buffer;

(e) Normal maintenance and repair, and reconstruction or remodeling of residential or commercial structures, or legal pre-existing and on-going uses of the site; provided, that reconstruction of any structures may not increase the size of the previously approved building footprint (see subsection (5) of this section);

(f) Site investigative work and studies necessary for preparing land use applications, including soils tests, water quality studies, wildlife studies and similar tests and investigations; provided, that any disturbance of the critical area shall be the minimum necessary to carry out the work or studies and provided that the area is restored to its previous condition;

(g) Educational activities, scientific research, and outdoor recreational activities, including but not limited to interpretive field trips, and birdwatching that will not have a significant adverse effect on the critical area;

(h) Emergency activities necessary to prevent an immediate threat to public health, safety or property;

(i) Normal and routine maintenance and operation of existing landscaping and gardens provided they comply with all other regulations in this chapter;

(j) Construction of pedestrian trails which are permeable, have a maximum width of six feet, and are located in the outer 25 percent of the buffer;

(k) Minor activities not mentioned above and determined by the Department to have minimal impacts to a critical area;

(l) Previously legally filled wetlands or wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street or highway, or wetlands accidentally created by other human actions within 20 years of the date the development application is filed. The latter shall be documented by the applicant through photographs, statements, and/or other evidence;

(m) Activities affecting Category IV wetlands which are 250 square feet in size or smaller and hydrologically isolated;

(n) Installation, construction, replacement, repair or alteration of utilities and their associated facilities, lines, pipes, mains, equipment or appurtenances in improved City road rights-of-way and provided that the area is restored to its previous condition;

(o) Removal of non-native vegetation providing removal is accomplished using hand methods and that removal is in compliance with this chapter. Hand removal does not include using mechanical equipment such as weed wackers, mowers, power hedges, or other similar devices. This does not include the use of herbicides.

(2) Notwithstanding the exemptions provided by this section, any otherwise exempt activities occurring in or near a critical area should meet the purpose and intent of RCDG 20D.140.10-010 and should consider on-site alternatives that avoid or minimize significant adverse impacts.

(3) Exempt activities occurring in flood hazard areas shall not alter flood storage capacity or conveyance.

(4) With the exception of subsections (1)(a), (1)(g), (1)(h), and (1)(i) of this section, and normal maintenance and repair of residential and commercial structures as in subsection (1)(e) of this section, no property owner or other entity shall undertake exempt activities prior to providing 10 days’ notice to the Department. In case of any question as to whether a particular activity is exempt from the provisions of this section, the Department’s determination shall prevail and shall be confirmed in writing within 10 days of receipt of the owner’s or applicant’s letter. Those activities falling under subsection (1)(h) of this section shall provide telephone or written communication with the Department within 48 hours of the activity notifying such emergency activity was taken.

(5) Structures shall be allowed to be reconstructed if destroyed more than 50 percent of its assessed or appraised value (whichever is greater) if located in a buffer. Reconstruction of the structure shall not further encroach into the buffer area or increase the building footprint. Structures that are nonconforming solely due to the provisions of this chapter shall not be governed by RCDG 20F.10.50, Nonconformances. (Ord. 2259)

20D.140.10-040 Critical Areas Maps.

Critical Areas Generally. Critical areas maps are included as a part of this chapter and listed as follows:

(1) Fish and Wildlife Habitat Conservation Areas;

(2) Streams;

(3) Wetlands;

(4) Frequently Flooded Areas;

(5) Wellhead Protection Zones;

(6) Landslide Hazard Areas;

(7) Erosion Hazard Areas; and

(8) Seismic Hazard Areas.

These maps shall be used as a general guide only for the assistance of property owners and other interested parties; boundaries are generalized. The actual type, extent, and boundaries of critical areas shall be determined in the field by a qualified consultant according to the procedures, definitions, and criteria established by this chapter. In the event of any conflict between the critical area location and designation shown on the City’s map and the criteria or standards of this section, the criteria and standards shall prevail. (Ord. 2278; Ord. 2259)

20D.140.10-050 Relationship to Other Regulations.

(1) These critical area regulations shall apply as an overlay and in addition to zoning, land use and other regulations established by the City of Redmond. In the event of any conflict between these regulations and any other regulations of the City, the regulations which provide greater protection to environmentally critical areas shall apply.

(2) Areas characterized by particular critical areas may also be subject to other regulations established by this chapter due to the overlap or multiple functions of some sensitive or critical areas. Wetlands, for example, may be defined and regulated according to the wetland and fish and wildlife habitat conservation area provisions of this chapter. In the event of any conflict between regulations for particular critical areas in this chapter, the regulations which provide greater protection to environmentally critical areas shall apply.

(3) 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. (Ord. 2259)

20D.140.10-060 Permit Process and Application Requirements.

(1) Pre-Application Conference. All applicants are encouraged to meet with the City prior to submitting an application subject to this section. The purpose of this meeting shall be to discuss the City’s critical area requirements, processes and procedures; to review any conceptual site plans prepared by the applicant; to identify potential impacts to critical areas and appropriate mitigation measures; and to generally inform the applicant of any federal or state regulations applicable to the subject critical area. Such conference shall be for the convenience of the applicant and any recommendations shall not be binding on the applicant or the City.

(2) Application Requirements.

(a) Timing of Submittals. A critical areas report, if applicable, must be submitted to the City during application submittal. This is a required component of determining application completeness. The purpose of the report is to determine the extent, characteristics and functions of any critical areas located on or that have a potential to be significantly adversely impacted by activities on a site where regulated activities are proposed. The report will also be used by the City to assist in the determination of the appropriate critical area rating and establishment of appropriate buffer requirements in accordance with this chapter.

(b) Critical Areas Report Contents. Reports and studies required to be submitted by this chapter shall contain the information indicated in Appendix 20D-2 of the RCDG, Critical Areas Reporting Requirements, applicable to each critical area.

(3) Consultant Qualifications and City Review. All reports and studies required of the applicant by this section shall be prepared by a qualified consultant as that term is defined in the Chapter 20A.20 RCDG, Definitions. The City may, at its discretion, retain a qualified consultant to review and confirm the applicant’s reports, studies and plans.

(4) Permit Process. This section is not intended to create a separate critical areas permit process for development proposals. The City shall consolidate and integrate the review and processing of critical areas aspects of proposals with other land use and environmental considerations and approvals. (Ord. 2259)

20D.140.10-070 Alteration or Development of Critical Areas – Standards and Criteria.

Standards and criteria are set forth in RCDG 20D.140.10-080 through 20D.140.10-100, 20D.140.20-030 through 20D.140.20-050, 20D.140.30-030, 20D.140.40-020 and 20D.140.40-030, 20D.140.50-020 and 20D.140.50-030, and 20D.140.60-030 and 20D.140.60-040. (Ord. 2259)

20D.140.10-080 General Mitigation Standard.

All significant adverse impacts to critical areas functions and values shall be mitigated. Mitigation actions by an applicant or property owner shall occur in the following sequence:

(1) Avoiding the impact altogether by not taking a certain action or parts of actions;

(2) Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps, such as project redesign, relocation, or timing, to avoid or reduce impacts;

(3) Rectifying the impact to the critical area by repairing, rehabilitating, or restoring the affected environment to the conditions existing at the time of the initiation of the project;

(4) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action;

(5) Compensating for the impact by replacing or providing substitute resources or environments; and/or

(6) Monitoring the hazard or other required mitigation and taking remedial action when necessary. (Ord. 2259)

20D.140.10-090 Other Appropriate Mitigation Actions.

Where impacts cannot be avoided, and the applicant has exhausted feasible design alternatives, the applicant or property owner shall seek to implement other appropriate mitigation actions in compliance with the intent, standards and criteria of this chapter. In an individual case, these actions may include consideration of alternative site plans and layouts, reductions in the density or scope of the proposal, and/or implementation of the performance standards listed in RCDG 20D.140.10-070 through 20D.140.10-100, 20D.140.20-030 through 20D.140.20-050, 20D.140.30-030, 20D.140.40-020 and 20D.140.40-030, 20D.140.50-020 and 20D.140.50-030, and 20D.140.60-030 and 20D.140.60-040; and 20D.140.10-120 through 20D.140.10-140, 20D.140.20-060 and 20D.140.20-070, 20D.140.30-040, 20D.140.50-040, and 20D.140.60-050. (Ord. 2259)

20D.140.10-100 Proposed Developments.

Development proposed in critical areas shall incorporate and reflect the performance standards contained in RCDG 20D.140.10-110 through 20D.140.10-140, 20D.140.20-060 and 20D.140.20-070, 20D.140.30-040, 20D.140.50-040, and 20D.140.60-050. (Ord. 2259)

20D.140.10-110 Mitigation Standards, Criteria and Plan Requirements.

(1) Mitigation Performance Standards. Significant adverse impacts to critical area functions and values shall be mitigated. Mitigation actions shall be implemented in the preferred sequence identified in RCDG 20D.140.10-080. Proposals which include less preferred and/or compensatory mitigation shall demonstrate that:

(a) All feasible and reasonable measures will be taken to reduce impacts and losses to the critical area, or to avoid impacts where avoidance is required by these regulations; and

(b) The restored, created or enhanced critical area or buffer will be as viable and persistent as the critical area or buffer area it replaces; and

(c) In the case of wetlands and riparian stream corridors, no overall net loss will occur in wetland or riparian stream corridor functions and values.

(2) Location and Timing of Mitigation.

(a) Mitigation shall be provided on-site, unless on-site mitigation is not scientifically feasible due to physical features of the property. The burden of proof shall be on the applicant to demonstrate that mitigation cannot be provided on-site.

(b) When mitigation cannot be provided on-site, mitigation shall be provided in the immediate vicinity of the permitted activity on property owned or controlled by the applicant, such as an easement, provided such mitigation is beneficial to the critical area and associated resources.

(c) In-kind mitigation shall be provided except when the applicant demonstrates and the Department concurs that greater functional and habitat value can be achieved through out-of-kind mitigation.

(d) Only when it is determined by the Department that subsections (2)(a), (b) and (c) of this section are inappropriate and impractical shall off-site, out-of-kind mitigation be considered.

(e) When wetland or riparian stream corridor mitigation is permitted by these regulations on-site or off-site, the mitigation project shall occur near an adequate water supply (river, stream, ground water, storm water facility outfall) with a hydrologic connection to the critical area to ensure successful development or restoration.

(f) Any agreed upon mitigation proposal shall be completed concurrently with project construction, unless a phased schedule that assures completion prior to occupancy has been approved by the Department.

(g) Wetland acreage replacement ratios shall be as specified in RCDG 20D.140.30-030(7)(b).

(h) Restored or created riparian stream corridors, where permitted by these regulations, shall be an equivalent or higher riparian stream corridor value or function than the altered riparian stream corridor. (Ord. 2259)

20D.140.10-120 Performance Standards for Mitigation Planning.

The performance standards in RCDG 20D.140.20-060 and 20D.140.20-070, 20D.140.30-040, 20D.140.50-040, and 20D.140.60-050, and the standards contained in RCDG 20D.140.10-080 through 20D.140.10-110, 20D.140.20-040 through 20D.140.20-060, 20D.140.30-030, 20D.140.40-020 and 20D.140.40-030, 20D.140.50-030 and 20D.140.50-040, and 20D.140.60-030 and 20D.140.60-040 shall be incorporated into mitigation plans submitted to the City for impacts to critical areas. Mitigation plans shall contain the information indicated in RCDG Appendix 20D-2, Critical Areas Reporting Requirements. (Ord. 2259)

20D.140.10-130 Approved Mitigation Projects – Signature.

On completion of construction, any approved mitigation project must be signed off by the applicant’s qualified consultant and approved by the Department. Signature will indicate that the construction has been completed as planned. (Ord. 2259)

20D.140.10-140 Approved Mitigation Projects – Contingency Planning.

Approved mitigation projects shall implement the monitoring and contingency planning requirements of RCDG 20D.140.10-150. (Ord. 2259)

20D.140.10-150 Monitoring Program and Contingency Plan.

(1) A monitoring program shall be implemented by the applicant to determine the success of the mitigation project and any necessary corrective actions. This program shall determine if the original goals and objectives are being met.

(2) A contingency plan shall be established for indemnity in the event that the mitigation project is inadequate or fails. A performance and maintenance bond or other acceptable security device is required to ensure the applicant’s compliance with the terms of the mitigation agreement. The amount of the performance and maintenance bond shall equal 125 percent of the cost of the mitigation project for a minimum of five years. This amount includes installation, maintenance and monitoring over the five-year period. The bond may be reduced in proportion to work successfully completed over the period of the bond. The bonding period shall coincide with the monitoring period.

(3) Monitoring programs prepared to comply with this chapter shall reflect the following guidelines:

(a) Use scientific procedures for establishing the success or failure of the project;

(b) For vegetation determinations, permanent sampling points shall be established;

(c) Vegetative success equals 80 percent per year survival of planted trees and 80 percent cover of shrubs, groundcover and emergent species and less than 20 percent cover of invasive species;

(d) Submit monitoring reports on the current status of the mitigation project to the Department. The reports are to be prepared by a qualified consultant and reviewed by the City and shall be produced on the following schedule: at the time of construction; 30 days after planting; early in the growing season of the second year; end of the growing season of the second year; and annually thereafter;

(e) The monitoring reports shall contain the following information on monitoring method and monitoring components, as relevant:

(i) Vegetation Monitoring: Methods shall include counts, photopoints, random sampling, sampling plots, transects, visual inspections, and/or other means deemed appropriate by the Department and a qualified consultant. Vegetation monitoring components shall include general appearance, health, mortality, colonization rates, percent cover, percent survival, volunteer plant species, invasive weeds, and/or other components deemed appropriate by the Department and a qualified consultant.

(ii) Water Quantity Monitoring: Methods shall include piezometers, sampling points, stream gauges, visual observation, and/or other means deemed appropriate by the Department and a qualified consultant. Water quantity monitoring components shall include water level, peak flows, soil saturation depth, soil moisture within root zone, inundation, overall water coverage, and/or other components deemed appropriate by the Department and a qualified consultant.

(iii) Water Quality Monitoring: Methods shall include testing, plant indicators, and/or other means deemed appropriate by the Department and a qualified consultant. Water quality monitoring components shall include temperature, pH, dissolved oxygen, total suspended solids, total metals, herbicides, pesticides, and/or other components deemed appropriate by the Department and a qualified consultant.

(iv) Wildlife Monitoring: Methods shall include visual sightings, aural observations, nests, scat, tracks, and/or other means deemed appropriate by the Department and a qualified consultant. Wildlife monitoring components shall include species counts, species diversity, breeding activity, habitat type, nesting activity, location, usage, and/or other components deemed appropriate by the Department and a qualified consultant.

(v) Geomorphic Monitoring: Methods shall include cross-sectional surveys, profile surveys, point surveys, photo-monitoring, and/or other means deemed appropriate by the Department and a qualified consultant. Monitoring components shall include location and effect of large woody debris, depth and frequency of pools, bank erosion, channel migration, sediment transport/deposition, structural integrity of weirs, and/or other components deemed appropriate by the Department and a qualified consultant.

(f) Monitoring programs shall be established for a minimum of five years;

(g) If necessary, correct for failures in the mitigation project;

(h) Replace dead or undesirable vegetation with appropriate plantings;

(i) Repair damages caused by erosion, settling, or other geomorphological processes to all affected properties and structures, both on and off the property;

(j) Redesign mitigation project (if necessary) and implement the new design; and

(k) Correction procedures shall be approved by a qualified consultant and the Department. (Ord. 2259)

20D.140.10-160 Buffer Areas.

(1) The establishment of buffer areas may be required for development proposals and activities in or adjacent to critical areas. The purpose of the buffer shall be to protect the integrity, function, value and resource of the subject critical area, and/or to protect life, property and resources from risks associated with development on unstable or sensitive lands. Buffers shall consist of an undisturbed area of native vegetation established to achieve the purpose of the buffer. If the site has previously been disturbed, the buffer area shall be revegetated pursuant to an approved planting plan. Buffers shall be protected during construction by placement of a temporary barricade, on-site notice for construction crews of the presence of the critical area, and implementation of appropriate erosion and sedimentation controls.

(2) Required buffer widths shall reflect the sensitivity of the particular critical area and resource or the risks associated with development and, in those circumstances permitted by these regulations, the type and intensity of human activity and site design proposed to be conducted on or near the critical area.

(3) See individual critical areas regulations in RCDG 20D.140.20-020, 20D.140.30-020, and 20D.140.60-020 for required buffer widths. (Ord. 2259)

20D.140.10-170 Buffer Width Variances.

A variance from buffer width requirements may be granted by the City subject to the variance criteria set forth in RCDG Title 20F and upon a showing by the applicant that:

(1) 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 buffer width requirements; and

(2) Such buffer width 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 special circumstances is denied to the property in question; and

(3) The granting of such buffer width variance will not be materially detrimental to the public welfare or injurious to the property or improvement; and

(4) The granting of the buffer width variance will not significantly impact the subject critical area; and

(5) The decision to grant the variance includes the best available science and gives special consideration to conservation and protection measures necessary to preserve or enhance anadromous fish habitat; and

(6) The granting of the variance is consistent with the general purpose and intent of the Comprehensive Plan and adopted development regulations. (Ord. 2259)

20D.140.10-180 General Critical Area Protective Measures.

(1) Critical Area Markers and Signs.

(a) The boundary at the outer edge of critical areas tracts and easement shall be delineated with permanent survey stakes, using iron or concrete markers as established by local survey standards.

(b) The boundary at the outer edge shall be identified with temporary signs prior to any site disturbance. The temporary signs shall be replaced with permanent signs prior to occupancy or use of the site. The number and spacing of permanent signs shall be designated by the Planning Department.

(2) Critical Area Fencing. In order to inform subsequent purchasers of real property of the location of the critical area buffer boundaries and to discourage encroachment into that buffer, the developer of the property shall install split-rail fencing or a similar fencing approved by the Department along the boundary of the critical area.

(3) Notice on Title.

(a) In order to inform subsequent purchasers of real property of the existence of critical areas, the owner of any property containing a critical area or buffer on which a development proposal is submitted shall file a notice with the King County Department of Records and Elections. The notice shall state the presence of the critical area or buffer on the property, of the application of the Critical Areas Ordinance to the property, and the fact that limitations on actions in or affecting the critical area or buffer may exist. The notice shall run with the land.

(b) The applicant shall submit proof that the notice has been filed for public records before the City approves a building permit or, in the case of subdivision of land or binding site plans, at or before recording.

(4) Critical Areas Tracts.

(a) Critical areas tracts, or other mechanisms as deemed appropriate by the Department, shall be used to delineate and protect contiguous critical areas and buffers. Areas in critical areas tracts can be included in determining gross site density, floor area ratios, and other area and dimensional regulations.

(b) Critical areas tracts shall be recorded on all documents of title or record for all affected lots.

(c) Critical areas tracts shall be designated on the face of the plat or recording drawing in a format provided by the City Attorney.

(d) The City may require that any required critical areas tract be held in an undivided interest by each owner of a building lot within the development with the ownership interest passing with the ownership of the lot, or held by an incorporated homeowner’s association, or other legal entity which assures the ownership, maintenance, and protection of the tract. (Ord. 2259)

20D.140.10-190 Reasonable Use Provision.

(1) These standards and regulations are not intended, and shall not be construed or applied in a manner, to deny all reasonable economic use of private property. If an applicant demonstrates to the satisfaction of the Hearing Examiner that strict application of these standards would deny all reasonable economic use of their property, development may be permitted subject to appropriate conditions.

(2) Anyone applying for relief from strict application of these standards must demonstrate the following:

(a) No reasonable use with less impact on the critical area and the buffer is feasible and reasonable; and

(b) There is no feasible and reasonable on-site alternative to the activities proposed. The application for an exception shall include an analysis of whether there is any practicable on-site alternative to the proposed development with less impact, including other allowed uses, reduction in density, phasing of project implementation, change in timing of activities, revision of lot layout, or related site planning considerations that would allow a reasonable use with less adverse impacts to the critical area; and

(d) The proposed development does not pose an unreasonable threat to the public health, safety or welfare on or off the development proposal site and is consistent with the public interest; and

(e) All reasonable mitigation measures have been implemented or assured; and

(f) Any development permitted in the critical area is the minimum necessary to allow for reasonable use of the property; and

(g) The inability to derive reasonable economic use is not the result of the applicant’s actions.

(3) The applicant shall provide an analysis of mitigation opportunities in order to evaluate whether the proposal minimizes the impact on the critical area.

(4) If a reasonable economic use of a parcel cannot exist without modification of required setbacks, building height and/or lot coverage limits, buffers, and landscape widths, the Department shall modify the fixed regulations only to the extent necessary to provide for reasonable use of the property while providing as much critical area protection as is possible under the circumstances and while maintaining appropriate public health and safety standards.

(5) Adequate mitigation and monitoring shall be required to address the adverse impacts on critical areas and their ecological functions and values of any modification of the required regulations under the reasonable use exception. The Department may also require the property owner to provide mitigation for the adverse effects of the development under an approved mitigation plan.

(6) Any proposed structures requiring a reduction of the standards applicable within a critical area in order to provide for reasonable use of the property shall be located as far from the critical area as practical. Total building coverage and all other impervious surfaces shall be minimized, as appropriate, to limit intrusion into the critical area.

(7) The development shall use, to the maximum extent possible, the best available construction, design, and development techniques that result in the least impact to ecological functions and values of the critical area.

(8) Any net loss of function of the critical area on the site and adverse impacts to wetland or riparian stream corridor functions upstream or downstream from the site shall be minimized to the maximum extent practicable. (Ord. 2259)

20D.140.10-200 Public Project Reasonable Use Provision.

(1) If the public agency or City department demonstrates to the satisfaction of the Technical Committee that strict application of these standards would deny construction of a public project, the project may be permitted subject to appropriate conditions.

(2) The public agency or appropriate City department proposing the public project shall demonstrate the following:

(a) There is no feasible and reasonable on-site alternative to the activities proposed. The application for an exception shall include an analysis of whether there is any practicable on-site alternative to the proposed development with less impact, including: reduction or revision of project scope, phasing of project implementation, change in timing of activities, or related site planning considerations that would allow a project design with less adverse impacts to the critical area; and

(b) The proposed public project, as conditioned, will result in the minimum possible impacts to affected critical areas; and

(c) The proposed public project does not pose an unreasonable threat to the public health, safety or welfare on or off the project site and is consistent with the public interest; and

(d) All reasonable mitigation measures have been implemented or assured; and

(e) Any development permitted in the critical area is the minimum necessary to construct and operate the public project.

(3) The public agency or appropriate City department shall provide an analysis of mitigation opportunities in order to evaluate whether the proposal minimizes the impact on the critical area.

(4) If a public project cannot be constructed without modification of required setbacks, building height and/or lot coverage limits, buffers, and landscape widths, the public agency or Department shall modify the fixed regulations only to the extent necessary to allow construction of the public project while providing as much critical area protection as is possible under the circumstances and while maintaining appropriate public health and safety standards.

(6) Any public project requiring a reduction of the standards applicable within a critical area in order to provide the necessary public project shall be located as far from the critical area as practical. Total building coverage and all other impervious surfaces shall be minimized, as appropriate, to limit intrusion into the critical area.

(7) The public project shall use, to the maximum extent possible, the best available construction, design, and development techniques that result in the least impact to ecological functions and values of the critical area.