Chapter 17.10
GENERAL REQUIREMENTS
Sections:
17.10.015 Applicability and mapping.
17.10.025 Regulated uses/activities.
17.10.045 Reasonable use exception permits.
17.10.050 Current use assessment.
17.10.055 Nonconforming structures and uses.
17.10.060 Financial guarantees.
17.10.065 Penalties and enforcement.
17.10.075 Title and plat notification.
17.10.005 Definitions.
For the purpose of this title, the following definitions shall apply:
“Activity” means any use conducted on a site.
“Agricultural activities” means the production of crops and/or raising or keeping livestock, including operation and maintenance of farm and stock ponds, drainage ditches, irrigation systems, and normal operation, maintenance and repair of existing serviceable agricultural structures, facilities or improved areas, and the practice of aquaculture. Forest practices regulated under Chapter 76.09 RCW and WAC Title 222 are not included in this definition.
“Animal containment area” means a site where three or more animal units are kept per acre, and/or where a high volume of waste material is deposited in quantities capable of impacting ground water resources.
“Animal unit” means the equivalent of 1,000 pounds of animal.
“Applicant” means a person, party, firm, corporation, or other legal entity that proposes a development on a site.
“Aquifer” means a saturated geologic formation that will yield a sufficient quantity of water to serve as a private or public water supply.
“Aquifer recharge area” means areas where the prevailing geologic conditions allow infiltration rates, which create a high potential for contamination of ground water resources or contribute significantly to the replenishment of ground water.
“Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year, also referred to as the “100-year flood.”
“Best management practices” means systems of practices and management measures that:
1. Control soil loss and reduce water quality degradation caused by nutrients, animal waste, and toxins;
2. Control the movement of sediment and erosion caused by land alteration activities;
3. Minimize adverse impacts to surface and ground water quality, flow and circulation patterns; and
4. Minimize adverse impacts to the chemical, physical and biological characteristics of a critical area.
“Buffer” means an area contiguous with a landslide hazard area, erosion hazard area, fish and wildlife habitat area or wetland, which is required for the integrity, maintenance, function, and structural stability of the above-referenced area.
“Building footprint” means the horizontal area measured within the outside of the exterior walls of the ground floor of all principal and/or accessory buildings on a lot.
“Class” means one of the wetland classes in the United States Fish and Wildlife Service (USFWS) December 1979 publication, Classification of Wetlands and Deep Water Habitats of the United States.
“Classification” means defining value and hazard categories to which critical areas will be assigned.
“Clearing” means the cutting, moving on site, or removal of standing or fallen timber; the removal or moving on site of stumps; or the cutting or removal of brush, grass, ground cover, or other vegetative matter from a site in a way which exposes the earth’s surface of the site.
“Compensatory mitigation” means mitigation to compensate for loss of critical area functions due to regulated activities occurring within critical areas.
“Creation” means producing or forming a wetland through artificial means from an upland (nonwetland) site.
“Creek” means surface waters that flow into or become connected to other surface waters no less frequently than once per year. Creeks include natural waterways modified by man. Creeks do not include irrigation or roadside ditches, canals, operational spillways, storm or surface water runoff facilities or other entirely artificial watercourses, unless they are used by salmonids, are used to convey naturally occurring creeks or result from modification to a natural watercourse.
“Critical areas” means wetlands, flood hazard areas, fish and wildlife habitat areas, aquifer recharge areas, geologically hazardous areas and associated buffer areas.
“Degraded” means to have suffered a decrease in naturally occurring functions and values due to activities undertaken or managed by persons, on or off a site.
“Delineation” means a wetland study conducted in accordance with the Washington State Wetland Identification and Delineation Manual.
“Delineation report” means a written document prepared by a wetland specialist, which includes data sheets, findings of the delineation and a site plan which identifies the wetland boundaries.
“Department” means the City of University Place Department of Community and Economic Development.
“Development” means any manmade change to improved or unimproved real estate including but not limited to buildings or other structures, placement of manufactured homes/mobile homes, mining, dredging, clearing, filling, grading, stockpiling, paving, excavation, drilling, or the subdivision or short subdivision of property.
“Director” means the Director of the Department of Community and Economic Development or duly authorized designee.
“DRASTIC” means a model developed by the National Water Well Association and Environmental Protection Agency used to measure aquifer susceptibility.
“Enhancement” means actions performed to improve the condition of existing degraded wetlands and/or buffers so that the quality of wetland functions increases (e.g., increasing plant diversity, increasing wildlife habitat, installing environmentally compatible erosion controls, removing nonindigenous plant or animal species, removing fill material or solid waste).
“Erosion hazard areas” means those areas that because of natural characteristics, including vegetative cover, soil texture, slope, gradient, and rainfall patterns, or human-induced changes to such characteristics, are vulnerable to erosion.
“Existing” means those uses legally established prior to incorporation whether conforming or nonconforming.
“Fill/fill material” means a deposit of earth material, placed by human or mechanical means.
“Filling” means the act of placing fill material on any surface, including temporary stockpiling of fill material.
“Fish and wildlife habitat areas” means:
1. Areas which have a primary association with Federally listed endangered, threatened or candidate species, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term; or
2. Areas that have been documented by WDF&W as habitat for State listed endangered or threatened species; or
3. Creeks listed in UPMC 17.25.040.
“Fish and wildlife habitat areas” does not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of and are maintained by a port district or an irrigation district or company.
“Fisheries biologist” means a professional with a degree in fisheries, or certification by the American Fisheries Society, or with five years’ professional experience as a fisheries biologist.
“Flood or flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters; and/or
2. The unusual and rapid accumulation of runoff of surface waters from any source.
“Flood hazard areas” means areas of land located in floodplains that are 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 the like.
“Floodplain” means the total area subject to inundation by the base flood, including the flood fringe and the floodway areas.
“Floodway” means the channel of a river, or other watercourse, and the land areas that must be reserved in order to convey and discharge the base flood without cumulatively increasing the water surface elevation by more than one foot, and those areas designated as deep and/or fast-flowing water.
“Geological assessment” means an assessment that details the surface and subsurface conditions of a site and delineates the areas of a property that might be subject to specified geologic hazards.
“Geologically hazardous areas” means areas that because of their susceptibility to erosion, sliding, or other geological events, may pose a risk to the siting of commercial, residential, or industrial development consistent with public health, environmental or safety concerns.
“Geotechnical report” means a report evaluating the site conditions and mitigating measures necessary to reduce the risks associated with development in geologically hazardous areas.
“Grading” means any excavating, filling, clearing, or creating of impervious surfaces or combination thereof.
“Ground water” means all water found beneath the ground surface, including slowly moving subsurface water present in aquifers and recharge areas.
“Habitat assessment” means a report that identifies the presence of fish and wildlife habitat conservation areas in the vicinity of the proposed development site.
“Habitat management plan” means a report that discusses and evaluates the measures necessary to maintain fish and wildlife habitat conservation areas on a proposed development site.
“Hazardous substance(s)” means any liquid, solid, gas, or sludge, including any materials, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste; and including waste oil and petroleum products.
“Hazardous substance processing or handling” means use, manufacture, storage or treatment authorized pursuant to Chapter 70.105 RCW and Chapter 173-303 WAC, or other land use activity involving hazardous substances, but does not include individually packaged household consumer products or quantities of hazardous substances of less than five gallons in volume per container. Hazardous substances shall not be disposed on site unless in compliance with Dangerous Waste Regulations, Chapter 173-303 WAC and any pertinent local ordinances, such as sewer discharge standards.
“Hazardous waste” means and includes all dangerous waste and extremely hazardous waste as designated pursuant to Chapter 70.105 RCW and Chapter 173-303 WAC.
“Hydrogeologic assessment” means a report detailing the subsurface conditions of a site and which indicates the susceptibility and potential for contamination of ground water supplies.
“Impervious surface” means natural or human-produced material on the ground that does not allow surface water to penetrate into the soil. Impervious surfaces may consist of buildings, parking areas, driveways, roads, sidewalks, and any other areas of concrete, asphalt, plastic, compacted gravel, etc.
“In-kind mitigation” means to replace wetlands with substitute wetlands whose characteristics, functions and values are required to replicate those destroyed or degraded by a regulated activity.
“Interdunal wetlands” means wetlands that are located in small interdunal depressions to extensive deflation plains behind stabilized foredunes.
“Landfill” means a disposal facility or part of a facility at which solid waste is permanently placed in or on land and which is not a land spreading disposal facility.
“Landslide hazard areas” means areas which are potentially subject to risk of mass movement due to a combination of geologic, topographic, and hydrologic factors.
“Mitigation” means to avoid, minimize or compensate for adverse critical area impacts.
“Ordinary high water mark” means that mark on all lakes, streams, ponds, and tidal water that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on the effective date of the ordinance codified in this chapter or as it may naturally change thereafter; or as it may change thereafter in accordance with permits issued by the City, State or Federal regulatory agency; provided, that in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be the line of mean higher high tide, and the ordinary high water mark adjoining fresh water shall be the line of mean high water.
“Out-of-kind mitigation” means to replace wetlands with substitute wetlands whose characteristics do not approximate those destroyed or degraded by a regulated activity.
“Permeable surfaces” means sand, noncompacted gravel, and other penetrable deposits on the ground which permit movement of ground water through the pore spaces, and which permit the movement of fluid to the ground water.
“Person” means an individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons, however organized.
“Regulated activities” means creation of lots or building sites, construction or alteration of any structure or improvement or alteration of the condition of any land, water or vegetation that could adversely affect any critical area.
“Restoration” means the re-establishment of a viable wetland from a previously filled or degraded wetland site.
“Riparian habitat areas” means areas adjacent to aquatic systems with flowing water that contain elements of both aquatic and terrestrial ecosystems, which mutually influence each other.
“Seismic” means subject to or caused by an earthquake or earth tremor.
“Site” means a lot, parcel, tract, or combination of lots, parcels, or tracts where a development is proposed, in progress or completed.
“Slope” means an inclined earth surface, the inclination of which is expressed as the ratio of horizontal distance to vertical distance.
“Sludge” means a semisolid substance consisting of settled solids combined with varying amounts of water and dissolved materials generated from a wastewater treatment plant or system or other sources, including septage sludge, sewage sludge, and industrial sludge.
“Sludge land application site” means a site where stabilized sludge, septage, and other organic wastes are applied to the surface of the land in accordance with established agronomic rates for fertilization or soil conditioning.
Sludge land application sites are classified under the following five-category system:
1. Sites of less than one acre with an application rate of less than 10 dry tons of sludge per acre per five-year period.
2. Sites with an application rate of less than 20 dry tons of sludge per acre per 10-year period or less than an annual application of two dry tons of sludge per acre.
3. Sites with an application rate of more than 20, but less than 43, dry tons of sludge per 10-year period or 4.3 dry tons per acre per year.
4. Sites with one-time applications greater than 43 dry tons per acre and cumulative limits for metals greater than State-designated practices for agricultural cropland application.
5. Sites that are permanent landfill disposal facilities.
“Stockpiling” means the placement of material with the intent to remove it at a later time.
“Toe of slope” means a distinct topographic break in slope at the lower-most limit of the landslide or erosion hazard area.
“Top of slope” means a distinct topographic break in slope at the uppermost limit of the landslide or erosion hazard area.
“Underground tank” means any one or a combination of tanks (including underground pipes connected thereto) which are used to contain or dispense an accumulation of hazardous substances or hazardous wastes, and the volume of which (including the volume of underground pipes connected thereto) is 10 percent or more beneath the surface of the ground.
“Utility line” means pipe, conduit, cable or other similar facility by which services are conveyed to the public or individual recipients. Such services shall include, but are not limited to, water supply, electric power, gas, telecommunications, cable television and sanitary sewers.
“Wetland” or “wetlands” means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands generally 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. However, wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands, if permitted by the City.
“Wetland specialist” means a person with experience and training in wetlands issues, and with experience in performing delineations, analyzing wetland functions and values, analyzing wetland impacts, and recommending wetland mitigation and restoration. Qualifications include:
1. Bachelor of Science or Bachelor of Arts or equivalent degree in biology, botany, environmental studies, fisheries, soil science, wildlife, agriculture or related field, and two years of related work experience, including a minimum of one year experience delineating wetlands using the Washington State Wetlands Identification and Delineation Manual and preparing wetland reports and mitigation plans. Additional education may substitute for one year of related work experience; or
2. Four years of related work experience and training, with a minimum of two years’ experience delineating wetlands using the Washington State Wetlands Identification and Delineation Manual and preparing wetland reports and mitigation plans;
3. The person should also be familiar with the City site development regulations, the City wetland management policies, and the requirements of this title.
“Wildlife biologist” means a professional with a degree in wildlife, or certification by the Wildlife Society, or with five years’ professional experience as a wildlife biologist.
(Ord. 749 § 24, 2021; Ord. 662 § 1 (Exh. A), 2015; Ord. 630 § 1 (Exh. A), 2013; Ord. 423 § 51, 2004; Ord. 343 § 1, 2002).
17.10.010 Acronyms.
“BMP” means best management practices.
“ECY” means Department of Ecology.
“EIA” means Environmental Impact Assessment.
“EIS” means Environmental Impact Statement.
“ESA” means Endangered Species Act.
“FEIS” means Final Environmental Impact Statement.
“SEPA” means State Environmental Policy Act.
“TPCHD” means Tacoma Pierce County Health Department.
“UPMC” means University Place Municipal Code.
“WDF&W” means Washington Department of Fish and Wildlife.
(Ord. 670 § 1 (Exh. A), 2016; Ord. 343 § 1, 2002).
17.10.015 Applicability and mapping.
A. Applicability. This title shall apply to all properties within the City of University Place that contain critical areas. When the requirements of this title are more stringent than those of other City codes and regulations, the requirements of this title shall apply. 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 title.
B. Mapping. Maps have been developed by the City that show the general location of critical areas for informational purposes. The actual presence of critical areas and the applicability of these regulations shall be determined by field conditions and the classification criteria established for each critical area.
(Ord. 343 § 1, 2002).
17.10.020 Permitted uses.
Uses permitted on properties identified as critical areas shall be the same as those permitted in the zone classification shown in the Comprehensive Plan map unless specifically prohibited by this title.
(Ord. 343 § 1, 2002).
17.10.025 Regulated uses/activities.
Unless the requirements of this title are met, no person shall create lots or building sites, or construct or alter any structure or improvement or alter the condition of any land, water or vegetation that adversely affects any critical area. Appendix A lists examples of regulated uses/activities.
(Ord. 343 § 1, 2002).
17.10.030 Process.
A. The Department shall perform a critical areas review of any regulated activity on a site, which includes one or more critical areas unless otherwise provided in this title.
B. As part of all development applications the Department shall:
1. Require and evaluate any studies or plans required by this title which are needed to determine the type and extent of the critical area;
2. Determine whether the development proposal is consistent with this title;
3. Determine whether any proposed alterations to the development are necessary to mitigate impacts;
4. Determine if the mitigation and monitoring plans proposed by the applicant are sufficient to protect the public health, safety and welfare consistent with the goals, purposes, objectives and requirements of this title.
C. A SEPA threshold determination may not be made prior to Departmental review of any special studies or technical reports required by this title, except where the applicant requests a determination of significance so that an environmental impact statement review is required.
D. The Department may approve, approve with conditions, or deny any development proposal in order to comply with the requirements and carry out the goals, purposes, objectives and requirements of this title.
E. Approval of a development proposal does not discharge the obligation of the applicant to comply with the provisions of this title.
F. Unless otherwise specified in this chapter, permits shall be processed in accordance with UPMC Title 22, Administration of Development Regulations.
(Ord. 343 § 1, 2002).
17.10.035 Exemptions.
The following activities are exempt from the provisions of this title. Such activities are not exempt from the shoreline master program requirements in UPMC Title 18 unless explicitly named as an exempt activity under WAC 173-27-040, in accordance with UPMC 18.15.030.
A. Existing Agricultural Activities. The activities cease to be existing when the area on which they were conducted has been converted to a nonagricultural use or has lain idle more than five years or so long that modifications to the hydrological regime are necessary to resume agricultural activities. Land registered in a Federal or State soils conservation program shall meet the criteria for this exemption.
B. Reconstruction, repair or maintenance of existing roads, paths, bicycle ways, trails, bridges, and storm drainage facilities; provided, that reconstruction does not involve expansion of facilities; and provided, that work is conducted pursuant to BMPs. This exemption shall not apply to reconstruction that is proposed as a result of structural damage associated with a critical area, such as, but not limited to, slope failure in a landslide hazard area.
C. The following utility line activities, when undertaken pursuant to BMPs to avoid impacts to critical areas:
1. Normal and routine maintenance or repair of existing utility structures or right-of-way.
2. Relocation within improved right-of-way of utility lines, equipment, or appurtenances only when required by a local governmental agency or utility purveyor, which approves the new location of the facilities.
3. Installation or construction in improved City road rights-of-way, and replacement, operation, relocation or alteration of all electric facilities, lines, equipment, or appurtenances with an associated voltage of 55,000 volts or less. Substations shall not be considered exempt.
D. Regular maintenance of existing structures.
E. Remodeling of an existing structure, provided there is no further intrusion into the critical area.
F. Reconstruction or repair of an existing structure unless the reconstruction or repair is necessitated by structural damage occurring as a result of landsliding, slumping or related earth movement.
G. Site investigative work necessary for land use application submittals such as surveys, soil logs, percolation tests and other related activities; provided, that large construction vehicles are not used, and provided disturbed areas are restored to their pre-existing condition immediately following completion of work.
H. Emergency action necessary to prevent serious environmental degradation, imminent threat or danger to public health or safety, or imminent threat to public or private property. The Department shall review all proposed emergency actions to determine the existence of the emergency and reasonableness of the proposed actions taken. Permits may be required subsequently.
I. Control of invasive species, including but not limited to Scotch broom, Himalayan blackberry and evergreen blackberry, and noxious weeds that are included on the State noxious weed list. Control may be by clipping, pulling, digging, or by an alternative plan, such as an integrated pest management plan, upon approval of a plan by the Department.
J. Activities undertaken to comply with a United States Environmental Protection Agency administrative superfund enforcement order or a Washington Department of Ecology administrative enforcement order pursuant to the Model Toxics Control Act, including the following activities:
1. Remediation or removal of hazardous or toxic substances;
2. Source control; and
3. Natural resource damage restoration.
K. A residential building permit for a lot which was subject to previous reports and assessments as required under this title; provided, that the impacts associated with the current development proposal are addressed, and provided the permit is issued subject to the mitigation recommendations of said reports or assessments.
(Ord. 630 § 1 (Exh. A), 2013; Ord. 343 § 1, 2002).
17.10.040 Variances.
A. Authority. The Examiner shall have the authority to grant a variance to the buffer width provisions of this chapter.
B. Granting of Variances. The Examiner must find that the requested buffer width reduction satisfies all of the following criteria:
1. That the granting of such variance is consistent with the intent of the City Comprehensive Plan;
2. That there are special circumstances applicable to the subject property, that do not apply generally to other property or class of use in the same vicinity;
3. That granting of such variance shall not have a detrimental impact on fish and wildlife habitat within critical areas;
4. That granting of such variance shall not have a detrimental impact on water quality or water temperature;
5. That granting of such variance shall not result in increased erosion or sedimentation;
6. That the variance is necessary for preservation of a substantial property right or use possessed by other property owners in the same vicinity.
(Ord. 343 § 1, 2002).
17.10.045 Reasonable use exception permit.
A. If the application of this title would deny all reasonable use of a site, development may be allowed, which is consistent with the general purposes of this title and the public interest, pursuant to a reasonable use exception permit. A reasonable use exception permit may be granted only if the provisions of this title physically eliminate all options for reasonable use of the property.
B. Nothing in this title is intended to preclude all reasonable use of property. An applicant for a development proposal may file a request for a reasonable use exception, which shall be considered by the City Hearings Examiner at a public hearing, following notice, as required by Title 22. The request shall include the following information:
1. A site plan that identifies the portions of the site which are critical areas and the location of the proposed development;
2. A description of the amount of the site that is within setbacks required by other development regulations;
3. A description of the proposed development;
4. An analysis of the impact that the proposed development would have on the critical areas;
5. An analysis of whether any other reasonable use with less impact on the critical area(s) is possible;
6. A design of the proposed development that has the least impact practicable on the critical area(s);
7. An analysis of the modifications needed to the standards of this title to accommodate the proposed development;
8. 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 while providing protection to the critical area(s);
9. Such other information as the Department determines is necessary.
C. The Hearings Examiner may approve the reasonable use exception, if the Examiner determines all of the following criteria are met:
1. There is no other reasonable use or feasible alternative to the proposed development, including phasing of project implementation, change in timing of activities, revision of road and lot layout, and/or related site planning and density considerations that would allow a reasonable economic use with less impact on the critical area(s); and
2. The proposed development does not pose a threat to the public health, safety or welfare on or off the site; and
3. Any alteration of the critical area(s) shall be the minimum necessary to allow for reasonable use of the property; and
4. The inability of the applicant to derive reasonable use of the property is not the result of actions by the applicant in subdividing the property or adjusting a boundary line thereby creating the nondevelopable condition after the effective date of the ordinance codified in this title;
5. The proposal mitigates the impacts on the critical area(s) to the maximum extent possible, while still allowing reasonable use of the site; and
6. The proposed activities will not jeopardize the continued existence of species listed by the Federal government as endangered, threatened or candidate species.
(Ord. 343 § 1, 2002).
17.10.050 Current use assessment.
An owner of agricultural land, timberland, or open space desiring current use classification under Chapter 84.34 RCW may file for such current use classification as provided in the City of University Place Zoning Code.
(Ord. 343 § 1, 2002).
17.10.055 Nonconforming structures and uses.
An established use or existing structure that was lawfully permitted prior to adoption of this chapter, but which is not in compliance with this chapter, may continue subject to the nonconforming use, nonconforming lot and nonconforming structure provisions of UPMC Title 19, except that the substantial destruction clause, of UPMC 19.80.050(A)(4) shall not apply. In no case shall this section be construed to allow reconstruction or repair necessitated by structural damage occurring as a result of landsliding, slumping or related earth movement.
(Ord. 343 § 1, 2002).
17.10.060 Financial guarantees.
The City shall require an applicant to submit a financial guarantee to the City to guarantee any performance, mitigation or monitoring required as a condition of permit approval. The permit shall not be granted until the Department receives the financial guarantee.
A. Financial guarantees required under this title shall:
1. Be in addition to the site development construction guarantee required by the City’s public works standards;
2. Be submitted on financial guarantee forms provided by the City;
3. Be 125 percent of the estimate of the cost of installation, mitigation or monitoring to allow for inflation and administration should the City have to complete the installation, mitigation or monitoring;
4. Be released by the City only when City officials have inspected the site(s) and the applicant’s engineer and/or appropriate technical professional has provided written confirmation that the performance, mitigation or monitoring requirements have been met.
(Ord. 343 § 1, 2002).
17.10.065 Penalties and enforcement.
A. Criminal Penalties. Any person, association, firm, partnership, or corporation that violates any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, be penalized as provided in Chapter 1.15 UPMC.
B. Civil Penalties. In addition to any criminal penalties, any person who fails to comply with the provisions of this chapter shall be subject to a civil penalty in accordance with Chapter 1.15 UPMC.
C. Other Legal Remedies. Nothing in this chapter limits the right of the City to pursue other lawful, criminal, civil or equitable remedies to abate, discontinue, correct or discourage unlawful acts under or in violation of this chapter.
D. Enforcement action by the City shall be in accordance with Chapter 1.20 and/or 1.30 UPMC at the City’s discretion.
(Ord. 688 § 1 (Exh. E), 2017; Ord. 343 § 1, 2002).
17.10.070 Fees.
The City shall establish an appropriate fee structure for administrative and technical review by separate resolution.
(Ord. 343 § 1, 2002).
17.10.075 Title and plat notification.
Title Notification. The owner of any site within an erosion hazard area, aquifer recharge area, fish and wildlife habitat area, flood hazard area or wetland area in which a development proposal is submitted shall record a notice with the Pierce County Auditor in the form set forth below:
Form of notice:
(___________________ AREA NOTICE)
Parcel Number:__________
Address:__________
Legal Description:____________________
Present Owner:__________
Notice: This site lies within a(n) __________________ area as defined by Chapter 17.__ UPMC. The site was the subject of a development proposal for __________ application number _____ filed on ______ (date).
Restrictions on use or alteration of the site may exist due to natural conditions of the site and resulting regulation. Review of such application has provided information on the location of the ________________________ area and any restriction on use.
_____________________
Signature of Owner(s)
NOTARY ACKNOWLEDGMENT AND NOTARY SEAL
Plat and Planned Development District Notification. For all proposed short subdivision, subdivision and planned development district proposals within landslide hazard areas, erosion hazard areas, aquifer recharge areas, fish and wildlife habitat areas, flood hazard areas, and wetland areas, the applicant shall include a note on the face of the plat or final development plan. The note shall be as set forth below:
Notice: This site lies within a(n) ___________________ area as defined in Chapter 17.___ UPMC. Restrictions on use or alteration of the site may exist due to natural conditions of the site and resulting regulation.
If more than one critical area exists on the site subject to the provisions of this title, then one notice that addresses all of the critical areas shall be sufficient.
(Ord. 343 § 1, 2002).
17.10.080 Appeals.
Appeals of a decision issued under this title shall be considered in accordance with UPMC Title 22, Administration of Development Regulations.
(Ord. 343 § 1, 2002).
17.10.085 Appendices.
Appendix A
Examples of regulated uses/activities.
This list is intended to provide examples of regulated uses and activities. The list is not intended to be inclusive. All uses and activities included in this list may not be a regulated use or activity in every situation. Examples of regulated uses and activities include, but are not limited to:
A. Removing, excavating, disturbing or dredging soil, sand, gravel, minerals, organic matter or materials of any kind;
B. Dumping, discharging or filling;
C. Draining, flooding or disturbing the water level or water table. In addition, an activity that involves draining, flooding or disturbing the water level or water table in a wetland or creek, in which the activity itself occurs outside the wetland and buffer, shall be considered a regulated activity;
D. Driving piling or placing obstructions;
E. Constructing, reconstructing, demolishing or altering the size of any structure or infrastructure, except as specifically exempted;
F. Altering the character of a critical area by destroying or altering vegetation through clearing, harvesting, cutting, intentional burning, shading or planting;
G. Activities which result in significant changes in water temperature or physical or chemical characteristics of wetland or creek water sources, including changes in quantity of water and pollutant level;
H. Application of pesticides, fertilizers and/or other chemicals, unless demonstrated not to be harmful to habitat or wildlife.
(Ord. 343 § 1, 2002).