Chapter 14.12
CRITICAL AREAS
Sections:
14.12.010 Authority, chapter and procedures.
14.12.020 Purpose – Goals – Policies.
14.12.040 Applicability and critical areas map.
14.12.080 Reasonable use exception.
14.12.100 Critical area – Critical aquifer recharge areas.
14.12.110 Critical area – Fish and wildlife habitat conservation areas.
14.12.120 Critical area – Frequently flooded areas.
14.12.130 Critical area – Geologically hazardous areas.
14.12.140 Critical area – Wetlands.
14.12.150 Best available science.
14.12.160 Development standards.
14.12.180 Modification to overlay zone.
14.12.200 Bonds to ensure mitigation, maintenance and monitoring.
14.12.210 Critical area inspections.
14.12.010 Authority, chapter and procedures.
The Legislature of the state of Washington has, in RCW 36.70A.060, mandated local governments to adopt development regulations to ensure the conservation of agricultural, forest and mineral lands and to adopt development regulations precluding land uses or development that is incompatible with critical areas designated under RCW 36.70A.170. (Ord. 1325 § 3 (Exh. C), 2022; Ord. 1324 § 1, 2022; Ord. 1097 § 1, 2009).
14.12.020 Purpose – Goals – Policies.
A. Purpose. It is the purpose of this chapter to promote the public health, safety, and general welfare in areas associated with specific resource lands and critical areas. It is further intended to promote the conservation of resource lands and promote the enhancement and preservation of critical areas by avoiding or minimizing adverse impacts from construction and development. This chapter shall also comply with the state of Washington Growth Management Act through the classification and designation of resource lands and critical areas and the development and implementation of regulations to conserve resource lands and protect 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 resource lands or critical areas is accomplished in a manner that is environmentally sensitive to the resources of the community.
B. Goals. Preserve and protect the functions and values of the area’s natural features and maintain a harmonious relationship between the man-made community and the natural environment.
C. Policies.
1. Designate critical areas and resource lands.
2. Coordinate conservation strategies and efforts with appropriate state, federal, and private agencies to take advantage of technical and financial assistance while avoiding duplication of efforts.
3. Regulate development within critical areas and/or buffers to ensure public safety, reduce financial impacts, and protect critical areas.
4. Allow for open space and recreational use of critical areas where such use does not negatively impact the critical areas. (Ord. 1325 § 3 (Exh. C), 2022; Ord. 1324 § 1, 2022; Ord. 1097 § 1, 2009).
14.12.030 Definitions.
For the purposes of this chapter, the definitions set forth in this section apply. Unless specifically defined in this chapter, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
A. “Active recreation” means activities that refresh or restore one’s strength, spirits or vitality through physical movement or action.
B. “Aquifers” refers to groundwater-bearing geologic formations that contain enough saturated permeable material to yield significant quantities of water to wells. Shallow (less than 100 feet) perched (trapped on an impervious layer of clay) caused from irrigation (Columbia Basin irrigation project) is not considered an aquifer.
C. “Aquifer recharge” means the process of infiltration and migration by which groundwater is replenished.
D. “Artificial wetlands intentionally created from nonwetland sites” are only those wetlands, which upon examination using best available science, are found to have all three of the following criteria:
1. The wetland is sustained by water that has been intentionally pumped or piped for irrigation or disposal and if the pumping or piped flow ceased, the wetland would naturally disappear.
2. The wetland was created by water that was intentionally applied to land for irrigation, disposal, or seeped from water in reservoirs, canals, drains, retention or treatment facilities.
3. The wetland did not exist prior to the United States Bureau of Reclamation Columbia Basin irrigation project.
E. “Best available science” means a valid scientific process or method of inquiry that is consistent with the criteria for establishing best available science as found in WAC 365-195-900, as amended.
F. “Best management practices” means conservation practices or systems of practices and management measures that promote the intent of this chapter.
G. “Buffer” means an area that surrounds and protects critical area functions from adverse impacts.
H. “Buffer management” means actions and practices conducted for the purpose of protection and enhancement of critical areas by moderating or eliminating adverse impacts from adjacent land(s) or areas to create a buffer from encroachment by urban growth areas.
I. “Council” means the council of the city of Soap Lake.
J. “Critical aquifer recharge areas (CARA)” are areas where an aquifer that is a source of drinking water is especially vulnerable to contamination that would affect the potability of the water.
K. “Critical recharging areas” are locations which have the capacity to replenish the storage of underground water due to favorable hydrological and topographical conditions.
L. “Critical areas” include the following areas and ecosystems:
1. Frequently flooded areas;
2. Areas with critical recharging effect on aquifers used for potable water;
3. Geologically hazardous areas;
4. Fish and wildlife habitat conservation areas; and
5. Wetlands.
M. “CRP management” means the practices and activities that constitute an approach to land management, and which are a part of the conservation reserve program.
N. “EIS” means an environmental impact statement; a detailed document which analyzes the significant impacts of a particular project or proposal, possible alternatives, mitigation measures and unavoidable environmental impacts.
O. “Exotic species” means any introduced species of plant or animal occurring in Washington, not found historically in the state.
P. Federal or State Endangered, Threatened, Candidate Species.
1. “Endangered species” means a native species that is seriously threatened with extinction throughout all or a significant portion of its range.
2. “Threatened species” means a native species that is likely to become endangered within the foreseeable future throughout all or a significant portion of its range without cooperative management or removal of threats.
3. “Candidate species” means a native species under review for possible listing as endangered, threatened, or sensitive. A species will be considered for candidate designation if sufficient scientific evidence suggests that its status may meet criteria defined for “endangered,” “threatened” or “sensitive.” Currently listed state threatened or state sensitive species may also be designated as state candidate species if their status is in question.
Q. “Frequently flooded areas” include lands in the floodplain subject to a one percent or greater chance of flooding in any given year. These areas include, but are not limited to, streams, rivers, lakes, coastal areas, wetlands and other natural water sources.
R. “Geologically hazardous areas” means areas that because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to the siting of commercial, residential, or industrial development consistent with public health or safety concerns.
S. “Groundwater management program” means a comprehensive program designed to protect groundwater quality, to assure groundwater quantity, and to provide for efficient management of water resources while recognizing existing groundwater rights and meeting future needs consistent with local and state objectives, policies and authorities within a designated groundwater management area or subarea developed pursuant to Chapter 173-100 WAC.
T. “Habitat” means the environment occupied by individuals of a particular species, population or community.
U. “Impacts” means adverse effects of one thing upon another.
V. “Local habitat area” means an area that contains sufficient food, water, or cover for native terrestrial or aquatic species that the city has identified in this chapter as being of significant local concern.
W. “Long-term commercial significance” means the capacity, productivity and soil composition of land for long-term commercial production, in consideration with the land’s proximity to population areas, and the possibility of more intense uses of the land.
X. “Major development” includes proposed development projects that are subject to objective and subjective standards that require the exercise of limited discretion about nontechnical issues and which may require a public hearing. The proposed development may or may not be subject to SEPA review; however, any project action not listed as categorically exempt from SEPA review shall be considered a “major development” for the purposes of this title. Included within this type of development are subdivisions, conditional use permits, planned residential developments, shoreline substantial development permits and other similar applications.
Y. “Minor development” includes proposed development projects that are subject to clear, objective and nondiscretionary standards that require the exercise of professional judgment about technical issues and the proposed development is exempt from the State Environmental Policy Act (SEPA). Included within this type of development are single-family building permits, temporary use permits, boundary line adjustments, short subdivisions, home occupations, and accessory uses and/or structures.
Z. “Mitigation” means actions that the approving agency shall require so as to avoid or compensate for impacts to critical areas resulting from the proposed project activity. The type(s) of mitigation required shall be considered and implemented, where feasible, in the following sequential order of preference:
1. Avoiding the impact altogether by not taking a certain action or parts of an action;
2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation;
3. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;
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; or
6. Monitoring the impact and taking appropriate corrective measures to achieve the identified goal.
AA. “Native,” when referring to plants or plant communities, means those species or communities that are indigenous to the watershed, including extirpated species.
BB. “New construction” means structures for which the “start of construction” commenced on or after the effective date of the ordinance codified in this chapter.
CC. “Person” means an individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, or any agency of the state or local governmental unit however designated.
DD. “Passive recreation” means activities that refresh or restore one’s strength, spirits or vitality through observation of an action without responding or acting in return.
EE. “Primary association” means key habitat components that are critical to the life cycle of native wildlife species, i.e., nesting sites, wintering areas, and migration corridors. Loss of these values will result in fragmentation into subpopulations or extinction of populations from local areas.
FF. “Priority habitats and species program” means Washington Department of Wildlife’s system of classifying habitats and associated species that are of specific concern due to population status and/or sensitivity to habitat manipulation.
GG. “Regulated activities” include land clearing, grading, placement of fill or waste material, removal of protected native vegetation, construction, platting, zone changes and other habitat-altering activities.
HH. “Restoration” means actions performed to reestablish wetland functional characteristics and processes which have been lost by alterations, activities or catastrophic events within an area which no longer meets the definition of a wetland.
II. “Review authority” means the decision maker that issues the final land use order, not the appeal authority.
JJ. “Sensitive species” are species native to Washington that are vulnerable or declining, and are likely to become endangered or threatened in a significant portion of their ranges within the state, without cooperative management or the removal of the threats. These species are designated in WAC 232-12-011.
KK. “SEPA” means State Environmental Policy Act, Chapter 42.21C RCW and Chapter 197-11 WAC.
LL. “Sole source aquifer” means an aquifer designated by EPA as the sole or principal source of drinking water for a given aquifer service area; that is, an aquifer which is needed to supply 50 percent or more of the drinking water for that area and for which there are no reasonably available alternative sources should the aquifer become contaminated.
MM. “Start of construction” means the date the building permit was issued, provided the actual start of construction, placement of a manufactured home on a foundation or other permanent construction beyond the stage of excavation was within 180 days of the permit date.
1. The “actual start” means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation.
2. “Permanent construction” does not include:
a. Land preparation, such as clearing, grading and filling;
b. Installation of streets and/or walkways;
c. Excavation for a basement, footings, piers, or foundation or the erection of temporary forms;
d. Construction of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
NN. “State listed monitor species” means native species that:
1. Were at one time classified as endangered, threatened, or sensitive;
2. Require habitat that has limited availability during some portion of its life cycle;
3. Are indicators of environmental quality;
4. Require further field investigations to determine population status;
5. Have unresolved taxonomy which may bear upon their status classification;
6. May be competing with and having impacts on other species of concern; or
7. Have significant popular appeal.
OO. “Substantial damage” means damage of any origin sustained by a structure whereby the costs of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
PP. “Substantial improvement” means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:
1. Before the improvement or repair is started; or
2. If the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
QQ. “Threatened species” are native to the state of Washington and likely to become endangered in the foreseeable future throughout a significant portion of their ranges within the state without cooperative management or the removal of threats. Threatened species are legally designated in WAC 232-12-011.
RR. “Triggering application” means an application for one of the permits or approvals listed in this chapter.
SS. “Wellhead protection area” means the surface and subsurface area surrounding a water well or well field, supplying a public water system, through which contaminants are reasonably likely to move toward and reach such water well or well field.
TT. “Wetland” or “wetlands” means areas that are inundated or saturated by surface water or groundwater 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, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape 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 those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands. (Ord. 1325 § 3 (Exh. C), 2022; Ord. 1324 § 1, 2022; Ord. 1097 § 1, 2009).
14.12.040 Applicability and critical areas map.
A. Applicability. The provisions of this chapter apply only to lands designated as critical areas within the Soap Lake corporate limits and urban growth area.
1. Properties containing critical areas are subject to this chapter.
2. When the requirements of this chapter are more stringent than those of other Soap Lake codes and regulations, the requirements of this chapter shall apply.
3. Where a site contains two or more critical areas, the site shall meet the minimum standards and requirements for each identified critical area as set forth in this chapter.
4. The city shall not approve any land use, building or site improvement permit or otherwise issue any authorization to alter the condition of any land or vegetation, or to construct or alter any structure or improvement in, over, or on a critical area or associated buffer, if the proposed activity does not comply with the requirements of this chapter.
B. Critical Areas. Critical areas potentially located within the city include:
1. Wildlife habitat conservation areas;
2. Geologically hazardous areas;
3. Aquifer recharge areas;
4. Wetlands.
C. Buffers. Critical areas include the protective buffer areas to lands identified as critical areas.
D. Reference Maps and Inventories. The distribution of critical areas within the city are described and displayed in reference materials. These reference materials are intended for general information only and do not depict site-specific designations. These reference materials include but are not limited to the following:
1. Maps.
a. Any maps created through a critical areas review process;
b. WDFW priority habitats and species maps, as amended;
c. USGS quadrangle maps;
d. Flood insurance rate maps (FEMA), as amended;
e. Flood boundary and floodway maps (FEMA), as amended;
f. Aerial photographs;
g. USFWS national wetland inventory maps, as amended;
h. Columbia Basin groundwater management area maps, as amended;
i. Columbia Basin irrigation project topography and retracement maps from 1939 through 1943 and from 1960, as well as other preconstruction and construction maps developed for the project;
j. Previously completed maps in the vicinity of a permit application.
2. Documents.
a. Flood insurance study for Grant County, as amended;
b. City of Soap Lake comprehensive plan, as amended;
c. Natural Resources Conservation Service Soil Survey for Grant County;
d. Washington State Wetlands Identification and Delineation Manual (WDOE No. 96-94), as amended;
e. Washington State Wetlands Rating System for Eastern Washington (Revised, Publication No. 04-06-015, August 2004), as revised;
f. Management Recommendations for Washington’s Priority Habitats and Species (WDFW) as amended;
g. Management Recommendations for Washington’s Priority Habitats – Wetlands (WDFW) as amended;
h. Previously completed special reports conducted in the vicinity of a permit application;
i. Columbia Basin Ground Water Management Area Plan, as amended.
E. Use of Existing Procedures and Laws. The following laws and procedures shall be used to implement this chapter:
1. Soap Lake Municipal Code. Development activity regulated by SLMC Titles 16, Subdivisions, and 17, Zoning, that will occur within a protected critical area or critical area buffer shall comply with the provisions of this chapter.
2. The State Environmental Policy Act (SEPA), Chapter 43.21C RCW. Development activity that is likely to have a significant adverse impact upon identified critical areas regulated by this chapter shall not be categorically exempt from SEPA review and shall demonstrate compliance with this chapter.
F. State and Federal Agency Review. Regulated activities subject to this chapter shall be routed to appropriate state and federal agencies for review and comment as required through the SEPA review process.
G. Applicability by Activity. The level of review required for uses or activities is established under this chapter.
1. Exempt (E). Activities or uses that are exempt require no review and do not need to meet the standards of this chapter.
2. Review Required (RR). Activities and uses that are categorized as “review required” must comply with the standards of the chapter but no special report is needed. Determination of compliance with this chapter shall be determined through the review process required for the underlying development permit application.
3. Critical Area Report (CAR). For activities where a critical area report is required, the applicant must submit a report consistent with this chapter and with the underlying development application and will submit additional application fees consistent with the adopted fee schedule.
4. The city planner shall have the discretion to determine whether the proposed activity may adversely impact protected critical areas and/or their buffers and shall assign the appropriate level of review, exempt, review required, or critical areas report. The decision of the city planner may be appealed to the hearing examiner. (Ord. 1325 § 3 (Exh. C), 2022; Ord. 1324 § 1, 2022; Ord. 1097 § 1, 2009).
14.12.050 Allowed uses.
A. Approval Required. Unless the requirements of this chapter are met, Soap Lake shall not grant any approval or permission to alter the condition of any land, water, or vegetation, or to construct or alter any structure or improvement regulated through the following: building permit, commercial or residential; binding site plan; franchise right-of-way construction permit; site development permit; right-of-way permit; shoreline permits; short subdivision; use permits; subdivision; utility permits; or any subsequently adopted permit or required approval not expressly exempted by this chapter.
B. Compliance with Federal or State Requirements. Compliance with these regulations does not remove an applicant’s obligation to comply with applicable provisions of any other federal, state, or local law or regulation.
C. Review Process. The uses listed in this section may be approved, subject to a review process, if the proposed development activity meets the standards in SLMC 14.12.160, Development standards, and SLMC 14.12.170, Mitigation.
D. Allowed Uses. The city may allow the following uses on critical areas and within buffer areas subject to the review and mitigation requirements of this chapter:
1. Pervious trails for nonmotorized uses;
2. Below or above ground public utilities, facilities and improvements, initiated by the city, where necessary to serve development consistent with the Soap Lake comprehensive plan, including: streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, open space, and parks and recreational facilities, anticipated in the capital facilities plan, where there is no other reasonable alternative, based on topographic and environmental conditions, as determined by the planner;
3. Water-dependent uses;
4. Removal of diseased or dangerous trees, as determined by the city public works director or the removal of invasive or nuisance plants;
5. Construction, replacement, or alteration of a single-family dwelling unit in a residential zoning district on a legal lot of record, created prior to the effective date of the ordinance codified in this chapter so long as the replacement or expansion conforms to the height regulations, lot coverage and dimension standards and other design provisions for the zone in which the residence is located. The dwelling unit shall be used solely for single-family purposes. Approval is subject to a review process. The city may modify underlying zoning district dimensional standards applicable by up to a 50 percent adjustment, if necessary to protect critical areas;
6. Existing agricultural practices on lands used continuously for agricultural purposes since December 31, 2006.
E. Limited Uses. Limited uses shall avoid critical areas, and where allowed within buffer areas shall be subject to the mitigation measures and implementation of a monitoring plan as described in SLMC 14.12.170. All limited uses shall be consistent with the provisions of this chapter and SEPA. Limited uses include:
1. Subdivision or Short Plat. The subdivision or short plat process may be used when there are provisions (e.g., dedication of land/or conservation easements) that prohibit building construction on critical areas.
2. Development Subject to Site Plan Review. Any new building or structure affecting critical areas shall be subject to site plan review, unless otherwise exempted in this chapter. (Ord. 1325 § 3 (Exh. C), 2022; Ord. 1324 § 1, 2022; Ord. 1097 § 1, 2009).
14.12.060 Deviations.
A. An applicant who seeks to deviate from the requirements of this chapter may seek a deviation pursuant to the procedures established in SLMC 16.40.010.
B. In addition to the approval criteria found in SLMC 16.40.010, an application to deviate from the requirements of this chapter shall demonstrate compliance with all of the following criteria:
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;
2. The deviation 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;
3. Granting the deviation will not be materially detrimental to the public welfare or injurious to the property or improvement; and
4. Granting the deviation will not violate, abrogate, or ignore the goals, objectives, or policies of the Soap Lake comprehensive plan.
5. In addition to the approval criteria above, an application to deviate from the buffer requirements of a fish habitat conservation area or riparian area shall demonstrate that the requested buffer width modification preserves adequate vegetation to:
a. Maintain proper water temperature;
b. Minimize sedimentation; and
c. Provide food and cover for critical fish and wildlife species.
6. When granting a deviation, the city may attach specific conditions to the deviation that will serve to meet the goals, objectives, and policies of this chapter, including the preparation and implementation of a mitigation and monitoring plan consistent with SLMC 14.12.170. (Ord. 1325 § 3 (Exh. C), 2022; Ord. 1324 § 1, 2022; Ord. 1097 § 1, 2009).
14.12.070 Exemptions.
A. Exempt Activities in All Critical Areas. The following developments, activities, and associated uses shall be exempt from the provisions of this chapter; provided, that they are otherwise consistent with the provisions of other local, state, and federal laws and requirements, and a written request for exemption has been filed with and approved by the planner.
The city planner shall have the authority to negotiate memoranda of agreements with utility service providers or public agencies, and said agreements shall specify best management practices to be used in situations of emergency and usual and customary repair which, if rigorously adhered to, may exempt said emergency or repair activity, including routine operation and maintenance, from further review under this chapter.
1. Emergencies. Emergency activities are those activities necessary to prevent an immediate threat to public health, safety, or welfare, or that pose an immediate risk of damage to private property and that require remedial or preventative action in a timeframe too short to allow for compliance with the requirements of this chapter. Emergency actions that create an impact to a critical area or its buffer shall use reasonable methods to address the emergency; in addition, they must have the least possible impact to the critical area or its buffer. The person or agency undertaking such action shall notify the city within one working day following commencement of the emergency activity. Following the emergency, appropriate mitigation shall be implemented and permanent activities, installations or impacts are subject to review and compliance with the applicable standards.
a. Authorization. Notwithstanding the provisions of this chapter, the city planner may issue a temporary emergency permit prospectively or, in the case of imminent threats to public health, safety or welfare, retroactively, where the anticipated threat or loss may occur before a permit can be issued or modified under the procedures otherwise required by the Act and other applicable laws.
b. Prior to issuing an emergency permit, the city planner shall issue a finding that extraordinary circumstances exist and that the potential threat to public health, safety or welfare from the emergency situation is clearly significant and substantial.
c. Conditions. Any emergency permit granted shall incorporate, to the greatest extent practicable and feasible but not inconsistent with the emergency situation, the standards and criteria required for nonemergency activities under the Act and shall:
i. Be limited in duration to the time required to complete the authorized emergency activity, not to exceed 90 days; and
ii. Require, within this 90-day period, the restoration of any wetland altered as a result of the emergency activity, except that if more than the 90 days from the issuance of the emergency permit is required to complete restoration, the emergency permit may be extended to complete this restoration.
d. Notice. Notice of issuance of an emergency permit shall be published in a newspaper having general circulation in the city of Soap Lake not later than 10 days after issuance of such permit.
e. Termination. The emergency permit may be terminated at any time without process upon a determination by the city that the action is no longer necessary to protect human health or the environment.
i. Repair. Repair or replacement of existing structures, infrastructure improvements, utilities, public or private roads, dikes, levees or drainage systems, including operation and maintenance of existing facilities, that do not require construction permits, if the activity does not further alter or increase the impact to, or encroach further within, the critical area or buffer and there is no increased risk to life or property as a result of the proposed maintenance or repair.
ii. Activities Within the Improved Public Right-of-Way or Recorded Easement. Replacement, modification, installation, or construction of utility facilities, lines, pipes, mains, equipment, or appurtenances, not including substations, when such facilities are located within the improved portion of the public right-of-way or recorded easement, or a city-authorized private roadway except those private activities that alter a wetland or watercourse, such as culverts or bridges, or result in the transport of sediment or increased storm water.
iii. Chemical Applications. The application of herbicides, pesticides, organic or mineral derived fertilizers, or other hazardous substances, if necessary; provided, that their use shall be restricted in accordance with Department of Fish and Wildlife management recommendations and the regulations of the Department of Agriculture and the U.S. Environmental Protection Agency.
iv. Minor Site Investigative Work. Work necessary for land use submittals, such as surveys, soil logs, percolation tests, and other related activities, where such activities do not require construction of new roads or significant amounts of excavation. In every case, impacts to the critical area shall be minimized and disturbed areas shall be immediately restored.
v. Boundary Markers. Construction or modification of boundary markers or fences.
vi. Construction and modifications to existing structures that do not increase the footprint of the structure.
vii. The removal of the following vegetation with hand labor and light equipment, and vegetation removal that is a hazard to electrical power lines with handheld and walk-beside equipment such as mowers and weed eaters in compliance with the provisions contained in the ANSI A300 (Part 1) guidelines, including, but not limited to:
(A) Invasive nonnative weeds.
(B) Emergency or hazard tree removal conducted so that habitat impacts are minimized.
(C) Public improvement projects located within existing impervious surface areas.
(D) Public agency and utility exemption.
B. Exemption Request and Review Process. The proponent of the activity shall submit a completed exemption request form to the building official that describes the activity and states the exemption listed in this section that applies. The director shall review the exemption request to verify that it complies with this chapter and approve or deny the exemption. If the exemption is approved, it shall be placed on file with the department and the requesting party notified. If the exemption is denied, the proponent may continue in the review process and shall be subject to the requirements of this chapter. Determinations shall be subject to appeal pursuant to Chapter 18.11 SLMC.
C. Exempt Activities Shall Minimize Impacts to Critical Areas. All exempted activities shall use reasonable methods to avoid potential adverse impacts to critical areas. To be exempt from this chapter does not give permission to degrade a critical area or ignore risk from natural hazards. Any incidental damage to, or alteration of, a critical area that is not a necessary outcome of the exempted activity shall be restored, rehabilitated, or replaced at the responsible party’s expense. (Ord. 1325 § 3 (Exh. C), 2022; Ord. 1324 § 1, 2022; Ord. 1097 § 1, 2009).
14.12.080 Reasonable use exception.
A. General Requirements.
1. If the application of this chapter would deny all reasonable use of a legal lot, development may be allowed that is consistent with the general purposes of this chapter and the public interest. Nothing in this chapter is intended to preclude all reasonable use of property.
2. Except when application of this chapter would deny all reasonable use of a legal lot, an applicant who seeks a modification from the regulations of this chapter may pursue a deviation as provided in SLMC 14.12.060, Deviations, and consistent with the requirements of this section.
3. The city planner shall prepare and maintain application forms necessary to implement this section.
B. Application Requirements.
1. Preliminary Review. The provisions for conducting a preliminary review of a proposed reasonable use exception are set forth in subsection (C) of this section.
2. Regulations – General Provisions – Application Filing.
a. Reasonable use exception applications shall be reviewed for completeness in accordance with city submittal standards pursuant to SLMC 18.05.040.
b. An applicant for a development proposal may file a request for a reasonable use exception which shall include the following information:
i. A description of the areas of the site which are critical areas or within setbacks required under this chapter;
ii. A description of the amount of the site which is within setbacks required by other standards of SLMC Title 16;
iii. A description of the proposed development, including a site plan;
iv. An analysis of the impact that the amount of development described in subsection (B)(2)(b)(iii) of this section would have on the critical area(s);
v. An analysis of whether any other reasonable use is possible that would result in less impact on the critical area(s) and associated buffer(s);
vi. A design of the proposal so that the amount of development proposed as reasonable use will have the least impact practicable on the critical area(s);
vii. An analysis of the modifications needed to the standards of this chapter to accommodate the proposed development;
viii. A description of any modifications needed to the required front, side, and rear setbacks; building height; and buffer widths to provide for a reasonable use of the site while providing greater protection to the critical area(s); and
ix. Such other information as the city determines is reasonably necessary to evaluate the issue of reasonable use as it relates to the proposed development.
C. Public Review.
1. The city shall process a request for a reasonable use exception as a conditional use permit procedure pursuant to SLMC 18.03.050.
2. The city shall forward a copy of a request for reasonable use exception to the state and federal agencies with jurisdiction over the resource at issue and to all property owners within 300 feet of the subject property.
3. The city shall provide public notice of the request for reasonable use exception pursuant to SLMC 18.07.010.
4. An aggrieved party shall appeal a final decision of a request for reasonable use exception pursuant to Chapter 18.11 SLMC.
D. Reasonable Use Exception Decision Criteria. The review authority shall approve a reasonable use exception if the authority determines the following criteria are met:
1. There is no other reasonable use or feasible alternative to the proposed development with less impact on the critical area(s);
2. The proposed development does not pose a threat to the public health, safety, or welfare on or off the site;
3. Any alteration of the critical area(s) shall be the minimum necessary to allow for reasonable use of the property;
4. The proposed development will not result in a “take” of a threatened or endangered species;
5. The inability of the applicant to derive reasonable economic use of the property is not the result of actions taken by the applicant or immediate predecessor in interest, after the effective date of this chapter, in subdividing the property or adjusting a boundary line, or otherwise creating the undevelopable condition; and
6. The proposal mitigates the impacts on the critical area(s) to the maximum extent possible, while still allowing reasonable use of the site. The applicant shall prepare and implement a mitigation and monitoring plan consistent with SLMC 14.12.170. (Ord. 1325 § 3 (Exh. C), 2022; Ord. 1324 § 1, 2022; Ord. 1097 § 1, 2009).
14.12.090 Amendments.
The provisions of this code may be amended from time to time, but not more frequently than one time in a year, through a public review and hearing process that includes at least one public hearing by the city planning commission and at least one public meeting by the city council. (Ord. 1325 § 3 (Exh. C), 2022; Ord. 1324 § 1, 2022; Ord. 1097 § 1, 2009).
14.12.100 Critical area – Critical aquifer recharge areas.
A. Purpose. As of the adoption of the ordinance codified in this chapter, there is no identified critical aquifer recharge area in the city of Soap Lake. However, it is the intent of the city to promote public health and safety by acknowledging the importance of preserving critical aquifer recharge areas that may annex into the city. These areas serve the vital function of replenishing groundwater resources which, in Eastern Washington, account for a major share of the water for irrigation, municipal, industrial and domestic uses. Potable water is an essential life-sustaining element. Much of Washington’s water comes from groundwater supplies. Preventing contamination is necessary to avoid exorbitant costs, hardships and potential physical harm to people.
B. Goals and Policies. The following reflect the goals and policies of the community:
1. Goal. The city seeks to protect the public health, safety and welfare of its residents by providing protection of potable water sources.
2. Policies.
a. As data becomes available, identify, map and maintain critical groundwater supply areas, aquifer recharge areas, and/or unconfined aquifers used for potable water.
b. Prohibit the placement, storage generation and/or disposal of hazardous materials, including fuel, within a critical aquifer recharge area.
c. Divisions of land within aquifer recharge areas will be evaluated for their impact on groundwater quality.
d. The city will support and encourage the Washington State Department of Ecology efforts to enforce the decommissioning requirements for unused wells.
C. Classification and Designation – The “Columbia Basin Ground Water Management Area Plan” (GWMA). Primary focus is to reduce nitrate in groundwater of the GWMA; significant scientific data has been developed that identifies, among other things, where there are groundwater areas in the city of Soap Lake that may be susceptible to contaminant loading. For the purposes of this code, those areas with exposed basalt complex basalt flows are “critical aquifer recharge areas.” Any activities, particularly municipal, industrial, commercial and agricultural activities, that involve the collection and storage of substances that, in sufficient quantity during an accidental or intentional release, would result in the impairment of the aquifer water to be used as potable drinking water liquids shall be regulated by this chapter. Furthermore, the city water plan identifies well-head protection areas which shall be considered a part of critical aquifer recharge areas (CARA).
D. Management Recommendations and Standards. The following management recommendations and standards will apply to development proposals determined to be located within critical aquifer recharge areas, as defined and described herein:
1. The appropriate agency(ies) will develop educational information to assist with informing people with shallow wells how best to manage and protect their potable water source.
2. The city will support the GWMA and local conservation districts in their efforts to educate agricultural producers about the best management practices for protecting groundwater quality.
3. Development activities within a critical aquifer recharge area that have a high potential for contamination shall be required to do a hydrological study, using best available science, and shall develop and implement protection measures to prevent contamination.
4. Any changes in land use or type of new facilities where substances of moderate risk are used, stored, treated or handled; or which produce moderate risk waste shall be designed to prevent the release of any such materials into the groundwater.
5. Surface impoundments, defined by Chapter 173-303 WAC, shall be designed by a professional engineer and constructed with an impermeable liner and other components as appropriate to prevent discharge of any material on the ground surface and/or into the groundwater system. Surface impoundments shall be designed and constructed in accordance with applicable governing law, and have a minimum excess capacity equal to 120 percent of the projected volume of liquid to be contained including intentional and unintentional stormwater capture.
6. All minor developments, as defined and described herein, authorized within an aquifer recharge area shall comply with the following standards:
a. Connection to a public sanitary sewer system shall be required.
i. The public health officer has not designated the aquifer recharge area as an “area of special concern” in accordance with WAC 246-272-21501;
ii. The type of on-site system is approved by Grant County health upon finding that the design of the system will not be detrimental to the community water supply;
iii. The property owner shall enter a no protest agreement with a sanitary sewer provider as appropriate to the property location, agreeing to not protest the formation of a local improvement district for the extension of sanitary sewer. This agreement shall be recorded with the Grant County auditor.
b. The connection to an approved public water service shall be required.
c. The city will support and encourage the Washington State Department of Ecology efforts to enforce the well-casing requirements.
7. All major developments as defined and described herein, authorized within a critical aquifer recharge area, shall comply with the following minimum standards:
a. Connection to a public sanitary sewer system or an approved community sewer system shall be required.
b. Connection to an approved public water system shall be required.
c. Stormwater detention and retention facilities shall be designed using best available science and management practices to separate chemical and biological pollutants from the water.
d. An analysis shall be conducted to assess the impact to groundwater quality from the potential of nitrate loading to the groundwater.
e. Areas highly susceptible of transporting contaminants to the groundwater (i.e., natural drainages, springs, wetlands, etc.), as determined by the review authority, shall be designated as critical aquifer recharge areas. All impervious surfaces shall maintain an appropriate setback from areas identified as being highly susceptible and no amount of stormwater runoff shall be directed towards the susceptible area(s).
8. Parks, Schools and Recreation Facilities. Fertilizer and pesticide management practices of schools, parks, other recreation facilities and similar uses shall use best management practices as prescribed by the Washington State University Cooperative Extension Services.
9. All major and minor developments containing a wellhead protection area or critical aquifer recharge area shall have an informational note placed on the face of plat stating “this area is located within an aquifer recharge area. Best management practices shall be used for the containment of stormwater and the application of pesticides and fertilizers.” (Ord. 1325 § 3 (Exh. C), 2022; Ord. 1324 § 1, 2022; Ord. 1097 § 1, 2009).
14.12.110 Critical area – Fish and wildlife habitat conservation areas.
A. Purpose and Objectives. As of the adoption of the ordinance codified in this chapter, there are no identified fish and wildlife habitat areas within the city of Soap Lake. However, the city of Soap Lake recognizes the importance of protecting future annexed or discovered fish and wildlife habitat conservation areas while at the same time encouraging continued economic development of the city, including the continuation of agriculture. Implementation of this section is directed toward preserving resources by steering incompatible development away from these areas and/or by providing adequate and appropriate mitigation measures to development that alleviate negative impacts. The following reflect the goals and policies of the community.
B. Goal. Protect fish and wildlife habitat areas as important natural resource areas.
C. Policies.
1. The city will consider the impacts of new development on the quality of land, wildlife and vegetative resources as part of its environmental review process and require any appropriate mitigation measures.
2. Land uses adjacent to naturally occurring ponds and other fish and wildlife habitat areas will not negatively impact the habitat areas. If a change in land use occurs, adequate buffers based on the best available science will be provided to protect the habitat areas.
D. Objectives. The following objectives are the guiding factors in the application of this section to future development in the city of Soap Lake:
1. Identify and map categories of fish and wildlife habitat conservation areas, based in part on information supplied by Washington Department of Wildlife’s Priority Habitat and Species Program, and other sources.
2. Use best available science.
3. Cooperate with federal, state and private agencies, and individuals who have primary authority to manage specific fish and wildlife habitat conservation areas within certain parts of the city.
4. Encourage preservation of adequate size blocks of land necessary for species survival and corridor areas that allow for migratory travel.
5. The city recognizes that species of wildlife in this locality are in a state of continuing flux, and a prudent understanding of this phenomenon is vital in guiding decision-makers to balance conservation of wildlife species with promotion of wise, desirable growth.
6. Development decisions will serve to protect local wildlife needs and reflect the values and desires of the public.
7. The city recognizes the need for a degree of flexibility in weighing the significance of different areas of fish and wildlife habitat conservation. Specifically, the magnitude of protection for priority habitat areas is anticipated to be more pronounced than that which addresses important habitat areas.
E. Identification. According to WAC 365-190-080, “fish and wildlife habitat conservation” means land management for maintaining species in suitable habitat within their natural geographical distribution so that isolated subpopulations are not created. This does not mean maintaining all individuals of all species and all times, but it does mean cooperative and coordinated land use planning is critically important among counties and cities in a region. In some cases, intergovernmental cooperation and coordination may show that it is sufficient to assure a species will usually be found in certain regions across the state.
1. “Areas of fish and wildlife habitat conservation” are defined as:
a. Areas with which federal or state endangered, threatened and sensitive species of fish, wildlife or plants have a primary association; or
b. Habitats and species of local importance, which could include areas with state listed monitor or candidate species, or federally listed candidate species, or species with high recreational value (game, etc.) that have primary association; or
c. Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat; or
d. Waters of the state; or
e. Lakes, ponds, streams and rivers planted with game fish by a governmental entity (these include water bodies planted under auspices of a federal, state or local program, or which support important fish species as identified by Washington Department of Fish and Wildlife); or
f. Federal, state and private natural area preserves and natural resource conservation areas.
2. The city of Soap Lake allows for the nomination of species/habitats of local importance, which process shall be included in the amendment process identified in SLMC 14.12.090. In order to nominate species/habitats of local importance as candidates for designation within the category of important habitat areas, an individual or organization must:
a. Demonstrate a need for special consideration;
b. Propose relevant management strategies considered effective and within the scope of this chapter;
c. Provide species habitat location(s) on a map (scale 1:24,000).
3. In order to accommodate the needs and desires of the residents, public input shall be required to include species and/or habitats in the important habitat area classification identified in this section. Where the habitats and species classified as priority habitat area are responsive, concurrently, with official changes in federal and/or state threatened or endangered listings/de-listings, to include or un-include species and/or habitats in the important habitat area classification, these regulations must be amended through a formal process for nomination as described in this regulation.
4. There are no “anadromous fisheries” within the city of Soap Lake.
F. Classification. Fish and wildlife habitat conservation areas will be classified and designated as follows, based on a variety of data sources as identified herein:
1. Priority Habitat Areas. Seasonal ranges and habitat elements with which federal and/or state listed sensitive, endangered or threatened species have a primary association and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term;
2. Important Habitat Areas. Habitat areas that are associated with and actively utilized by federal and/or state candidate species and species designated as being of local importance according to the nomination process.
G. Determination Process. The city of Soap Lake will review each development permit application to determine if the provisions of this section will be applied to the project. In making the determination, the city may use any of the reference maps and/or inventories identified in SLMC 14.12.040. The following progressive steps will occur upon a determination by the city that a fish and/or wildlife habitat conservation area may exist on a site proposed for a development permit.
1. Step One. Staff will determine if there are any possible fish and/or wildlife habitat conservation areas on site. This determination shall be made following a review of information available, as outlined in SLMC Title 13, as well as a site inspection and/or a consultation with a qualified fish and/or wildlife biologist, if deemed necessary by the city. If no fish and/or wildlife habitat conservation area is determined to be present, this section shall not apply to the review of the proposed development.
2. Step Two. If it is determined by staff that a fish and/or wildlife habitat conservation area may be present, a site inspection and consultation with federal and/or state wildlife agency personnel shall be conducted to more definitively determine if a fish and/or wildlife habitat conservation area exists on the site. If no, this section shall not apply to the review of the proposed development. If yes, the applicant shall submit a habitat boundary survey and a habitat management and mitigation plan, as provided for in this section.
H. Designation.
1. If an area that is subject to a development permit application is determined to be a priority habitat area after going through the determination process described herein, it shall be designated as such, and a habitat boundary survey and a habitat management and mitigation plan shall be developed as provided for in this section.
2. If an area that is subject to a development permit application is determined to be an important habitat area after going through the determination process described herein, it shall be designated as such, and habitat boundary survey and a habitat management and mitigation plan may be required as provided for in this section. Designation as either a priority or important habitat area is not intended to deny development opportunities; rather, it is aimed at either steering growth to more suitable areas where fish and wildlife values will not be unduly compromised, or developing appropriate and adequate mitigation measures to alleviate potential negative impacts.
I. Fish/Wildlife Habitat Boundary Survey.
1. If it is determined through the process identified herein that a priority habitat area exists on a site that is the subject of a development permit application, a fish/wildlife habitat boundary survey and evaluation shall be conducted by a fish or wildlife biologist, as appropriate, who is knowledgeable of wildlife habitat within Grant County. The wildlife habitat boundary shall be field staked by the biologist and surveyed by a land surveyor for disclosure on all final plats, maps, etc.
2. If it is determined through the process identified herein that an important habitat area exists on a site that is the subject of a development permit application, a fish/wildlife habitat boundary survey and evaluation may be required if the proposal meets the definition of “major development” as described within this regulation, and if the proposal is determined to have a probable adverse impact on the habitat area. When required, all provisions of the habitat boundary survey and evaluation described in this section shall be followed.
3. The director may waive the requirement for the survey for minor development if:
a. The proposed development is not within the extended proximity of the associated habitat;
b. There is adequate information available on the area proposed for development to determine the impacts of the proposed development and appropriate mitigating measures; and
c. The applicant provides voluntary deed restrictions that are approved by the city.
4. The fish/wildlife habitat boundary and any associated buffer shall be identified on all plats, maps, plans and specifications submitted for the project.
J. Fish/Wildlife Habitat Management and Mitigation Plan. A fish/wildlife habitat management and mitigation plan is required for all proposed developments determined to be within a priority habitat area. For those proposed developments determined to be within important habitat area, a fish/wildlife habitat management and mitigation plan may be required if it is determined by the city that the proposal will have probable adverse impacts on the habitat area.
1. When required, a fish/wildlife habitat management and mitigation plan shall be prepared by a biologist who is knowledgeable of wildlife habitat within Grant County.
2. The fish/wildlife habitat management and mitigation plan shall demonstrate, when implemented, that the net loss of ecological function of habitat is minimal.
3. Based on the best available science, the fish/wildlife habitat management and mitigation plan shall identify how impacts from the proposed project shall be mitigated, as well as the necessary monitoring and contingency actions for the continued maintenance of the habitat conservation area and any associated buffer.
4. The fish/wildlife habitat management and mitigation plan shall include maps and narrative descriptions that address at least the following items:
a. Avoiding the impact altogether by not taking a certain action or parts of an action;
b. Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts;
c. Rectifying the impact by repairing, rehabilitating or restoring the affected environment;
d. Compensating for the impact by replacing, enhancing or providing substitute resources or environments.
5. A plan by the applicant that explains how any adverse impacts created by the proposed development will be mitigated, including without limitation the following techniques:
a. Use of any federal, state or local management recommendations which have been developed for the species or habitats in the area;
b. Establishment of appropriate and adequate buffer zones;
c. Preservation of critically important plants and trees;
d. Limitation of access to the habitat conservation area;
e. Seasonal restriction of construction activities;
f. Establishment of a timetable for periodic review of the plan.
6. A detailed discussion of ongoing management practices which will protect the habitat conservation area after the project site has been fully developed, including proposed monitoring, contingency, maintenance and surety programs.
7. Activities or uses which would strip the shoreline of vegetative cover, cause substantial erosion or sedimentation or affect aquatic life, should be prohibited.
8. The director may waive the requirement for the habitat management and mitigation plan for minor development if:
a. The proposed development is not within the 25-foot extended proximity of the associated habitat;
b. There is adequate information available on the area proposed for development to determine the impacts of the proposed development and appropriate mitigating measures; and
c. The applicant provides voluntary deed restrictions that are approved by the city. (Ord. 1325 § 3 (Exh. C), 2022; Ord. 1324 § 1, 2022; Ord. 1097 § 1, 2009).
14.12.120 Critical area – Frequently flooded areas.
A. Purpose and Objectives. As of the adoption of the ordinance codified in this chapter, there are no FEMA floodplains in the city of Soap Lake. However, it is the intent of the city to recognize and diminish potential hazards that may be caused by future annexations in areas where severe and costly flooding is anticipated to occur.
Based on historical observation and information collected by the Federal Emergency Management Agency, the city endorses a cautious posture that limits construction in areas located within zones designated to be flood prone. This decision stems from local, as well as state and federal, understanding that development limitation in these areas helps to serve the health, safety and public welfare of the people of the city of Soap Lake.
B. The following reflect the goals and policies of the community:
1. Goals. Protect the frequently flooded areas that are known to be critical parts of the natural drainage system by limiting and controlling potential alterations and/or obstructions to those areas.
2. Policies.
a. Discourage land use practices that may impede the flow of floodwater or cause danger to life or property. This includes, but is not limited to, filling, dumping, storage of materials, structures, buildings, and any other works which, when acting alone or in combination with other existing or future uses, would cause damaging flood heights and velocities by obstructing flows.
b. Maintain and add catch basins or similar measures, as needed to protect the health, safety, and welfare of residents and the environment.
C. Classification. Classification of frequently flooded areas should include, at a minimum, the 100-year floodplain designations of the Federal Emergency Management Agency and the National Flood Insurance Program. The following categories of frequently flooded areas established for the purpose of classification are:
1. Floodways. The channel of a stream, plus any adjacent floodplain areas, that must be kept free of encroachment in order that the base flood is carried without substantial increases in flood heights.
2. Floodplains. The floodway and special flood hazard areas.
3. Special Flood Hazard Areas. The area adjoining the floodway which is subject to a one percent or greater chance of flooding in any given year, as identified in the Grant County Flood Insurance Study (July 26, 1977), and determined by the Federal Insurance Administration.
D. Designation. All lands, shorelines and waters which are currently identified within the 100-year floodplain in the Federal Emergency Management Agency entitled “The Flood Insurance Study for the County of Grant,” dated July 26, 1977, with accompanying Flood Insurance Rate and Boundary Maps, are designated as frequently flooded areas. If and when this study becomes updated to reflect new conditions, designation of frequently flooded areas will include the changes. (Ord. 1325 § 3 (Exh. C), 2022; Ord. 1324 § 1, 2022; Ord. 1097 § 1, 2009).
14.12.130 Critical area – Geologically hazardous areas.
A. Purpose. It is the intent of the city to reduce the threat posed to the health and safety of its citizens from commercial, residential or industrial development that may be sited in areas of significant geologic hazard. In some cases, it is recognized that risks from geologic hazards can be reduced or mitigated to acceptable levels through engineering design or modified construction practices. In other cases where technological efforts are not sufficient to reduce associated risks, building is best avoided. The following reflect the goals and policies of the community:
1. Goal. Provide appropriate measures to either avoid or mitigate significant risks that are posed by geologic hazard areas to public and private property and to public health and safety.
2. Policies. When probable significant adverse impacts from geologically hazardous areas are identified during the review of a development application, documentation that fully addresses these potential impacts and identifies alternative mitigation measures to eliminate or minimize the impacts will be required.
B. Identification. Geological hazards pose a threat to public health and safety. Adequate identification and development standards reduce these risks. Hazards of concern that exist in the city of Soap Lake include any land containing soils, geology or slopes that meet any of the following criteria:
1. Areas with slopes in excess of 45 percent;
2. Areas with all three of the following characteristics:
a. Soil types with the properties of the Ringold formation (clay);
b. Areas with the potential for water loading; and
c. Slopes in excess of 15 percent;
3. Soils within the city that are especially subject to wind erosion;
4. Slopes having gradients steeper than 80 percent subject to rock fall during seismic shaking; and/or
5. Areas highly susceptible to liquefaction from seismic activity.
C. Classification and Designation.
1. All geologically hazardous areas shall be classified and designated according to the level of risk associated with the hazardous area as established through an approved geologic hazard risk assessment and/or a geotechnical report submitted by the applicant in accordance with this chapter. On-site inspections and the information sources identified in this chapter shall be used as guidance in identifying the presence of potential geologically hazardous areas.
2. Geologically hazardous areas in the city of Soap Lake shall be classified according to the following system:
a. Level 1. Critical hazard areas shall be those areas with a known risk.
b. Level 2. Awareness hazard areas shall be those areas that have a suspected risk.
D. Determination Process. The city will review each development permit application to determine if the provisions of this section will be applied to the project. In making the determination, the city may use any of the reference maps and/or inventories identified in SLMC 14.12.010 through 14.12.080:
1. Step One. Staff will determine if there are any possible geologically hazardous areas on site as defined herein. This determination will be made following a review of information available and a site inspection if appropriate. If no hazard area is determined to be present, this section shall not apply to the review of the proposed development.
2. Step Two. If it is determined that a geologically hazardous area may be present, the applicant shall submit a geologic hazard area risk assessment prepared by a licensed engineer or a licensed geologist. The risk assessment will include a description of the geology of the site and the proposed development; an assessment of the potential impact the project may have on the geologic hazard; an assessment of what potential impact the geologic hazard may have on the project; appropriate mitigation measures, if any; and a conclusion as to whether further analysis is necessary. The assessment will be signed by and bear the seal of the engineer or geologist that prepared it. No further analysis shall be required if the geologic hazard area risk assessment concludes that there is no geologic hazard present on the site, nor will the project affect or be affected by any potential geologic hazards that may be nearby.
3. Step Three. If the professional preparing the risk assessment in step two concludes that further analysis is necessary, the applicant shall submit a geotechnical report as provided for herein.
4. A proposed development cannot be approved if it is determined by the geotechnical report that either the proposed development or adjacent properties will be at risk of damage from the geologic hazard, or that the project will increase the risk of occurrence of the hazard, and there are no adequate mitigation measures to alleviate the risks.
E. Geotechnical Report.
1. All geotechnical reports shall be prepared by a civil engineer licensed to practice in the state of Washington.
2. A geotechnical report shall include a description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinions and recommendations on the suitability of the site to be developed. The report shall evaluate the actual presence of geologic conditions giving rise to the geologic hazard, and an evaluation of the safety of the proposed project, and identification of construction practices, monitoring programs and other mitigation measures necessary. A bibliography of scientific citations shall be included as necessary.
3. The geotechnical report shall include a certification from the engineer preparing the report, including the engineer’s professional stamp and signature, stating all of the following:
a. The risk of damage from the project, both on and off site, is minimal;
b. The project will not materially increase the risk of occurrence of the hazard;
c. The specific measures incorporated into the design and operational plan of the project to eliminate or reduce the risk of damage due to the hazard; and
d. Mitigation of adverse site conditions including slope stabilization measures and seismically unstable soils, if appropriate.
4. All mitigation measures, construction techniques, recommendations and technical specifications provided in the geotechnical report shall be applied during the implementation of the proposal. The engineer of record shall submit sealed verification at the conclusion of construction that development occurred in conformance with the approved plans. (Ord. 1325 § 3 (Exh. C), 2022; Ord. 1324 § 1, 2022; Ord. 1097 § 1, 2009).
14.12.140 Critical area – Wetlands.
A. Purpose and Objectives. As of the adoption of the ordinance codified in this chapter, there are no mapped wetlands within the city of Soap Lake or the Soap Lake urban growth area. However, it is the intent of the city of Soap Lake to promote public health and welfare by instituting local measures to preserve naturally occurring wetlands that may be determined by site specific analysis or annexed in the future. These areas may serve a variety of vital functions, including, but not limited to: flood storage and conveyance, water quality protection, recharge and discharge areas for groundwater, erosion control, sediment control, fish and wildlife habitat, recreation, education and scientific research.
Protection measures should strive to spare identified value and function of wetlands that may be in jeopardy from new development proposals. However, regulations shall not prohibit uses legally existing on any parcel prior to their adoption.
The city recognizes that various legal means and levels of government already address protection of wetlands. Effort will be made to avoid unnecessary duplication and to promote cooperation and coordination whenever possible. The following reflect the goals and policies of the community:
1. Goal. The city’s wetlands will be protected to the greatest extent possible because they provide important functions that protect and improve the quality of life.
2. Policies.
a. Use of innovative techniques should be encouraged to protect wetlands.
b. For development proposals which encompass wetland areas or their buffers there will be a site-specific review process required to determine impacts of development.
B. Classification and Designation. Wetlands shall be identified and delineated using best available science, such as the Washington State Wetlands Identification and Delineation Manual. Classification and rating of wetlands will be done using the Washington State Wetlands Rating System for Eastern Washington.
C. Determination Process. The city of Soap Lake will review each development permit application to determine if the provisions of this section will be applied to the project. In making the determination, the city may use any of the reference maps and/or inventories identified in this chapter. The following progressive steps will occur upon a determination that a wetland area may exist on a site proposed for a development permit.
1. Step One. City staff will determine if there are any possible wetland areas on site. This determination shall be made following a review of information available, as well as a site inspection and/or a consultation with a qualified wetland biologist, if deemed necessary by the city. If no regulated wetland area is determined to be present, this section shall not apply to the review of the proposed development.
2. Step Two. If it is determined that wetland areas may be present, a site inspection and consultation with a qualified wetland biologist shall be conducted to more definitively determine if a regulated wetland area exists on the site. If no, this section shall not apply to the review of the proposed development. If yes, the applicant shall conduct a wetland delineation and shall submit a wetland management and mitigation plan, as provided for in this section.
D. Wetland Management and Mitigation Plan.
1. As determined necessary as provided for in this section, a wetland management and mitigation plan shall be required when impacts to a wetland are unavoidable during project development.
2. “Vernal pools” are wetlands that are less than 4,000 square feet and meet at least two of the following criteria:
a. Its only source of water is rainfall or snowmelt from a small contributing basin and has no groundwater input.
b. Wetland plants are typically present only in the spring and the summer vegetation is typically upland annuals.
c. The soils in the wetland are shallow (less than 30 cm or one foot deep) and are underlain by an impermeable layer such as basalt or clay.
d. Surface water is present for less than 120 days during the wet season.
e. Vernal pools that are both near other aquatic resources and relatively undisturbed during February and March are considered Category 2 wetlands.
3. Wetland management and mitigation plans shall be prepared by a professional wetland scientist with sufficient experience as a wetlands professional including delineating wetlands using the state or federal manuals, preparing wetland reports, conducting function assessments and developing and implementing mitigation plans.
4. The wetland management and mitigation plan shall demonstrate, when implemented, that there shall be no net loss of the ecological function or acreage of the wetland.
5. The wetland management and mitigation plan shall identify how impacts from the proposed project shall be mitigated, as well as the necessary monitoring and contingency actions for the continued maintenance of the wetland and its associated buffer.
6. The wetland management and mitigation plan shall contain a report that includes, but is not limited to, the following information:
a. Location maps, regional 1:24,000 and local 1:4,800;
b. A map or maps indicating the boundary delineation of the wetland; the width and length of all existing and proposed structures, utilities, roads, easements; wastewater and stormwater facilities; adjacent land uses, zoning districts and comprehensive plan designations;
c. A description of the proposed project including the nature, density and intensity of the proposed development and the associated grading, structures, utilities, stormwater facilities, etc., in sufficient detail to allow analysis of such land use change upon the identified wetland;
d. A detailed description of vegetative, faunal and hydrologic conditions, soil and substrate characteristics, and topographic features within and surrounding the wetland;
e. A detailed description of vegetative, faunal and hydrologic conditions, soil and substrate characteristics, and topographic features within any compensation site;
f. A detailed description of the proposed project’s effect on the wetland, and a discussion of any federal, state or local management recommendations which have been developed for the area;
g. A discussion of the following mitigation alternatives as they relate to the proposal. The mitigation alternatives shall be proposed in a manner that considers the following in order of priority from (i) through (iv):
i. Avoiding the impact altogether by not taking a certain action or parts of an action;
ii. Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts;
iii. Rectifying the impact by repairing, rehabilitating or restoring the affected environment;
iv. Compensating for the impact by replacing, enhancing or providing substitute resources or environments;
h. A plan by the applicant which explains how any adverse impacts created by the proposed development will be mitigated, including without limitation the following techniques:
i. Establishment of buffer zones;
ii. Preservation of critically important plants and trees;
iii. Limitation of access to the wetland area;
iv. Seasonal restriction of construction activities;
v. Establishment of a monitoring program within the plan;
vi. Drainage and erosion control techniques;
i. A detailed discussion of ongoing management practices which will protect the wetland after the project site has been fully developed, including proposed monitoring, contingency, maintenance and surety programs for the time period necessary to establish that the performance standards have been met, but for not less than five years;
j. All reports will be provided in an electronic format (word processor) and all geographic entities (maps, etc.) will be provided in a geocoded format for use in GIS systems (ArcView, MapInfo, AutoCAD, etc.).
7. Mitigation ratios shall be used when impacts to wetlands cannot be avoided. As identified below, the first number specifies the acreage of replacement wetlands and the second number specifies the acreage of wetlands altered. The mitigation ratios by wetland type are as follows:
a. Wetland Category I – 6:1;
b. Wetland Category II – 3:1;
c. Wetland Category III – 2:1;
d. Wetland Category IV – 1.5:1.0.
8. Wetlands Enhancement as Mitigation.
a. Impacts to wetlands may be mitigated by enhancement of existing wetlands and must be accomplished in a manner consistent with the requirements of SLMC 14.12.170. Applicants proposing to enhance wetland must produce a critical area report that identifies how enhancement will increase the functions of the wetland and how this increase will adequately mitigate for the loss of wetland area and function at the impact site.
b. The ratios identified in subsection (D)(7) of this section shall be at a minimum four times the required acreage where the enhancement proposal would result in minimal gain in the performance of wetland functions and/or result in the reduction of other wetland functions currently being provided in the wetland.
E. Management Recommendations and Standards. The following management recommendations and standards will apply to development proposals determined to be located within wetland areas, as defined and described herein:
1. Wetlands shall be protected, based on their quality established from the rating system, and from alterations which may create adverse impacts. The greatest protection shall be provided to Category I and II wetlands.
2. Alteration shall not mean best management practices for agriculture which by design could not be considered a change in land use, including but not limited to improved chemical application or practice, which are intended to improve crop production and enhance areas adjacent to wetlands.
3. Activities conducted by public agencies to control mosquitoes in compliance with state and federal laws shall be exempt from city wetland regulations.
4. Activities and construction necessary on an emergency basis to prevent threats to public health and safety may be allowed if reasonable justification warrants cause for a waiver.
5. The city will coordinate wetland preservation strategy and effort with appropriate state and federal agencies, and private conservation organizations, to take advantage of both technical and financial assistance, and to avoid duplication of efforts.
6. A wetland buffer area of adequate width shall be maintained between wetlands and adjacent new development to protect the function and integrity of wetlands. The ultimate width of the established buffer shall be dependent upon functioning and sensitivity of the wetland; characteristics of the existing buffer, potential impacts associated with adjacent and proposed land use, and other existing regulation which may control the proposed activity. Extension or reduction in required buffer widths may be imposed according to these factors. Minimum buffer widths are:
|
Categories: |
||||
|---|---|---|---|---|
|
Land Use Intensity |
I |
II |
III |
IV |
|
Major Development |
250 ft |
200 ft |
150 ft |
50 ft |
|
Minor Development |
125 ft |
100 ft |
75 ft |
25 ft |
7. Wetland buffers shall be retained in their natural conditions unless change in a portion of a wetland buffer is proposed that will not have an adverse impact on the wetland, or adequate mitigation cannot or will not be provided by natural conditions. Integrity of the wetland shall be maintained as a function of the buffer.
8. Buffer Averaging.
a. Standard buffer widths modified by the planning director for an averaging to improve wetland protection may be permitted when all of the following conditions are met:
i. The wetland has significant differences in characteristics that affect its habitat functions, such as a wetland with a forested component adjacent to a degraded emergent component or a “dual-rated” wetland with a Category I area adjacent to a lower rated area.
ii. The buffer is increased adjacent to the higher-functioning area of habitat or more sensitive portion of the wetland and decreased adjacent to the lower-functioning or less sensitive portion.
iii. The total area of the buffer after averaging is equal to the area required without averaging.
iv. The buffer at its narrowest point is never less than three-quarters of the required width and/or 25 feet.
b. Averaging to allow reasonable use of a parcel may be permitted when all of the following are met:
i. There are no feasible alternatives to the site design that could be accomplished without buffer averaging.
ii. The averaged buffer will not result in degradation of the wetland’s functions and values as demonstrated by a report from a qualified wetland professional.
iii. The total buffer area after averaging is equal to the area required without averaging.
iv. The buffer at its narrowest point is never less than three-quarters of the required width.
9. Activities or uses which would strip the shoreline of vegetative cover, cause substantial erosion or sedimentation or affect aquatic life, should be prohibited.
10. Construction of structural shoreline stabilization and flood control works should be minimized. New developments should be designed to preclude need for such works and should be compatible with shoreline characteristics and limitations.
11. Wetland alteration shall not cause significant adverse impact to wetland ecosystems or surrounding areas.
12. Encourage development of an education program promoting the value of wetlands, and that promotes private stewardship of wetland areas. (Ord. 1325 § 3 (Exh. C), 2022; Ord. 1324 § 1, 2022; Ord. 1097 § 1, 2009).
14.12.150 Best available science.
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 and their habitat. 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. (Ord. 1325 § 3 (Exh. C), 2022; Ord. 1324 § 1, 2022; Ord. 1097 § 1, 2009).
14.12.160 Development standards.
Within critical areas, the city shall prohibit soil excavation, grading, removal of native vegetation species, draining, intentional burning, planting of invasive or nuisance vegetation, placement of structures and new construction on critical areas unless otherwise authorized in this chapter.
A. Applicability. These development standards apply to uses on critical areas and within buffers unless otherwise exempted in this chapter.
B. Performance Standards. In order to approve application for development on lands subject to this chapter, the city planner shall find that the following standards have been met:
1. All reasonable alternatives for locating the development activity in such a way so as to avoid critical areas have been considered and the development activity will be located in the least environmentally sensitive area as practicable and the purpose of this chapter is fulfilled.
2. The city has approved the vegetation removal methods and the removal of native plants has been avoided, to the extent practicable.
3. All adverse impacts to all affected critical areas and buffers are either avoided or fully mitigated.
4. The plan minimizes cuts and fills.
5. The director has reviewed and approved an erosion control plan, grading plan, and vegetation removal and replanting plan prior to construction activity.
6. All activities have received applicable state and federal permits, and comply with SEPA requirements if the “lead agency” makes a threshold determination of significance (DS), or a mitigated determination of nonsignificance (MDNS).
7. Compliance with this chapter does not constitute compliance with state and federal environmental standards. The applicant shall be responsible for demonstrating such compliance.
C. Review Process.
1. The review process shall be the type specified in SLMC Title 17 for each particular land use action unless otherwise specified in this chapter.
2. Applications to develop on critical areas or their buffers shall be subject to review if, within a one-year period, the cumulative impact on critical areas is:
a. Disturbance of less than 10 cubic feet of soil;
b. An activity, the fair market cost of which is less than $500.00; or
c. The activity involves less than 1,000 square feet of critical areas.
D. SEPA Review. On a case-by-case basis, the responsible official may issue a determination of nonsignificance (DNS) if:
1. The application for development review contains all requested information, including reports, maps and other documents relevant to the proposed activity; and
2. The proposed activity complies with all applicable development review and performance standards; and
3. Compliance with all applicable development standards and performance standards is made a binding condition of land use approval. (Ord. 1325 § 3 (Exh. C), 2022; Ord. 1324 § 1, 2022; Ord. 1097 § 1, 2009).
14.12.170 Mitigation.
A. Approval. City approval of a mitigation plan is a prerequisite for approval of any development activities in critical areas.
1. The applicant shall submit a written request describing the extent and nature of the proposed development activity on critical areas and buffers. The request shall include boundary locations of all critical areas and attendant buffers.
2. The application for development shall include a mitigation plan prepared in compliance with this section. Mitigation plans shall be developed utilizing the guidelines found in Wetland Mitigation in Washington State, Part 1, Agency Policies and Guidance (Version 1, Publication No. 06-06-011a, March 2006) and Wetland Mitigation in Washington State, Part 2, Developing Mitigation Plans (Version 1, Publication No. 06-06-011b, March 2006).
3. The city may require the applicant to prepare special reports evaluating potential adverse impacts upon critical areas and potential mitigation measures as part of the land use application process. These reports may include, but are not limited to, the following: storm water management plan; hydrology, geology, and soils report; grading and erosion control plan; native vegetation report; fish and wildlife assessment and impact report; water quality report; wetlands delineation; and other reports determined necessary by the city.
4. The city shall consult with state and federal resource management agencies and, in order to protect wildlife habitat or natural resource values, shall attach such conditions as may be necessary to effectively mitigate identified adverse impacts of the proposed development activity.
5. The city may request third party “peer review” of an application by qualified professionals and may incorporate recommendations from such third party reports in findings approving or denying the application.
6. All reports recommending mitigation shall include provisions for monitoring of programs and replacement of improvements, on an annual basis, consistent with report recommendations and at one-, three-, five- and seven-year intervals.
7. The city may require replacement mitigation to be established and functional prior to project construction.
B. No Net Loss.
1. Mitigation efforts, when allowed, shall ensure that development activity does not yield a net loss of the area or function of the critical areas. No net loss shall be measured by:
a. Avoidance or mitigation of adverse impacts to fish life; or
b. Avoidance or mitigation of net loss of habitat functions necessary to sustain fish life; or
c. Avoidance or mitigation of loss of area by habitat type.
2. Mitigation to achieve no net loss should benefit those organisms being impacted.
3. Where development results in a loss of wetland area, the mitigation plan shall demonstrate that wetland area is replaced consistent with the ratios described in SLMC 14.12.140. The created or enhanced wetland shall be, acre for acre, of equal or greater biological values, including habitat value, and with equivalent hydrological values including storage capacity.
C. Mitigation Plan. A mitigation plan shall provide for the design, implementation, maintenance, and monitoring of mitigation measures. A mitigation plan shall include but is not limited to the following:
1. Methods and techniques to be used to mitigate impacts to critical areas;
2. Explanation of methods and techniques, such as construction practices to be used to implement the identified mitigation methods;
3. Methods and techniques for monitoring said mitigation and a proposed time frame for such monitoring. Monitoring periods shall be a minimum of five years and shall be 10 or more years for scrub-shrub communities and other areas where rate of growth slows the development of adequate cover. (Ord. 1325 § 3 (Exh. C), 2022; Ord. 1324 § 1, 2022; Ord. 1097 § 1, 2009).
14.12.180 Modification to overlay zone.
The city may modify the boundaries of the critical areas overlay district based upon expert studies. Such amendments shall occur under Chapter 13.04 SLMC.
A. Land to be conserved as public or private open space, through dedication, conservation easements or other appropriate means, shall retain a critical areas overlay designation.
B. Land approved for private building construction shall be removed from this overlay district.
C. The city shall maintain a record of all administrative amendments to the critical areas overlay district, including findings in support of the decision to modify the boundaries of the overlay district. (Ord. 1325 § 3 (Exh. C), 2022; Ord. 1324 § 1, 2022; Ord. 1097 § 1, 2009).
14.12.190 Application fees.
At the time of application for land use review or critical areas review, the applicant shall pay a critical areas review fee, adopted by the city council, from time to time, by resolution. (Ord. 1325 § 3 (Exh. C), 2022; Ord. 1324 § 1, 2022; Ord. 1097 § 1, 2009).
14.12.200 Bonds to ensure mitigation, maintenance and monitoring.
A. When mitigation required pursuant to a development proposal is not completed prior to the city final permit approval, such as final plat approval or final building inspection, the city shall require the applicant to post a performance bond or other security in a form and amount deemed acceptable by the city. If the development proposal is subject to mitigation, the applicant shall post a mitigation bond or other security in a form and amount deemed acceptable by the city to ensure mitigation is fully functional.
B. The bond shall be in the amount of 125 percent of the estimated cost of the uncompleted actions or the estimated cost of restoring the functions and values of the critical area that are at risk, whichever is greater, and the cost of maintenance and monitoring for a 10-year period.
C. The bond shall be in the form of an assignment of savings account, or an irrevocable letter of credit guaranteed by an acceptable financial institution with terms and conditions acceptable to the city attorney or other method acceptable to the planner.
D. Bonds or other security authorized by this section shall remain in effect until the city determines, in writing, that the standards bonded for have been met. Bonds or other security shall be held by the city for a minimum of 10 years to ensure that the required mitigation has been fully implemented and demonstrated to function, and may be held for longer periods when necessary.
E. Depletion, failure, or collection of bond funds shall not discharge the obligation of an applicant or violator to complete required mitigation, maintenance, monitoring, or restoration.
F. Public development proposals shall be relieved from having to comply with the bonding requirements of this section if public funds have previously been committed for mitigation, maintenance, monitoring, or restoration.
G. Any failure to satisfy critical area requirements established by law or condition including, but not limited to, the failure to provide a monitoring report within 30 days after it is due or comply with other provisions of an approved mitigation plan shall constitute a default, and the city may demand payment of any financial guarantees or require other action authorized by the city code or any other law.
H. Any funds recovered pursuant to this section shall be used to complete the required mitigation, maintenance or monitoring. (Ord. 1325 § 3 (Exh. C), 2022; Ord. 1324 § 1, 2022; Ord. 1097 § 1, 2009).
14.12.210 Critical area inspections.
Reasonable access to the site shall be provided to the city, state, and federal agency review staff for the purpose of inspections during any proposal review, restoration, emergency action, or monitoring period. (Ord. 1325 § 3 (Exh. C), 2022; Ord. 1324 § 1, 2022; Ord. 1097 § 1, 2009).
14.12.220 Agricultural lands.
No agricultural land located within the city’s urban growth areas shall be designated as agricultural land of long-term commercial significance under RCW 36.70A.170. The city is proposing no changes to the manner and intent of the applications of these regulations regarding agricultural lands located within the city’s jurisdictional authority consistent with Chapter 36.70A RCW as amended by the passage of SSB 5248. (Ord. 1325 § 3 (Exh. C), 2022; Ord. 1324 § 1, 2022; Ord. 1097 § 1, 2009).
14.12.230 Enforcement.
This chapter shall be enforced in the same manner as provided in SLMC Title 17 for the enforcement of the zoning code. (Ord. 1325 § 3 (Exh. C), 2022; Ord. 1324 § 1, 2022; Ord. 1097 § 1, 2009).