Chapter 18.05 CRITICAL AREAS ORDINANCE

This chapter is established pursuant to RCW 36.70A.060 (Growth Management Act Natural Resource Lands and Critical Areas--Development Regulations), Chapter 43.21C RCW (State Environmental Policy Act), and federal requirements for eligibility in the National Flood Insurance Program, pursuant to Title 42 of the Code of Federal Regulations (CFR). This chapter shall be known as the "critical areas ordinance of the city of Wapato, Washington." (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.110 Language interpretation.

Unless specifically defined in Part Two (Sections 18.05.200 through 18.05.299A), words, phrases and terms in this chapter shall be interpreted to provide meaning and to give this chapter its most reasonable application.

A. "Shall" is mandatory;

B. "May" is discretionary and does not impose a requirement;

C. "Should" is always advisory;

D. "Include(s)" means the containment within as a subordinate part of a larger whole.

When not inconsistent with the context, words used in the present tense include the future; the singular includes the plural; and the plural, the singular. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.120 Purpose of chapter.

The purpose of this chapter is to establish a single, uniform system of procedures and standards for development within designated critical areas within the incorporated city of Wapato. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.130 Intent of chapter.

A. This chapter establishes policies, standards, and other provisions pertaining to development within designated critical areas regulated under the provisions of the Growth Management Act (Chapter 36.70A RCW) and development regulated under the National Flood Insurance Program. Wetlands, streams, areas with a critical recharging effect on aquifers used for potable water, fish and wildlife habitat conservation areas, and frequently flooded areas constitute the city of Wapato’s critical areas pursuant to WAC 365-190-030. These areas are of special concern to the people of the city of Wapato and the state of Washington because they are environmentally sensitive lands, or hazardous areas, which comprise an important part of the state’s natural resource base. The policies, standards, and procedures of this chapter are intended to:

1. Preserve development options within designated critical areas where such development will result in the level of "no net loss" of the functions and values of the critical areas;

2. Where appropriate, avoid uses and development which are incompatible with critical areas;

3. Prevent further degradation of critical areas unless the degradation has occurred beyond feasible protection;

4. Conserve and protect essential or important natural resources;

5. Protect the public health, safety, and general welfare;

6. Further the goals and policies of the Wapato comprehensive plan;

7. Implement the goals and requirements of the Washington Growth Management Act (Chapter 36.70A RCW), and the National Flood Insurance Program (CFR Title 42);

8. Recognize and protect private property rights;

9. Provide development options for landowners of all existing lots to the greatest extent possible;

B. The policies, standards, and procedures of this chapter are not intended to:

1. Regulate the operation and maintenance of existing, legally established uses and structures, including but not limited to vegetative buffers on existing uses that have been reduced in width prior to the effective date of this chapter;

2. Result in an unconstitutional regulatory taking of private property;

3. Require the restoration of degraded critical areas for properties in a degraded condition prior to the effective date of this chapter unless improvement of the buffer is needed for new development proposed on the property;

4. Presume that regulatory tools are the only mechanism for protection; and

5. Prohibit the use of valid water rights. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.140 Applicability.

A. The provisions of this chapter shall apply to any new development, construction, or use within the incorporated portion of the city of Wapato designated as a critical area and upon any land mapped and designated as a special flood hazard area under the National Flood Insurance Program. However, this chapter does not apply to the situations below, except that the flood hazard protection provisions of Part Four, Development Standards and Provisions: Flood Hazard Areas, will continue to apply as determined by Sections 18.05.400 through 18.05.404 and Chapter 15.52, Flood Damage Prevention:

1. Within designated critical areas, there may exist lots, structures, and/or uses which were lawfully established prior to the adoption of this chapter, as provided below, but which would be subsequently prohibited, regulated, or restricted under this chapter. Such existing lots, structures, and/or uses shall be classified as legally nonconforming uses.

a. It is the intent of this chapter to permit these preexisting legally nonconforming uses and structures to continue until conformity is possible;

2. Critical areas on federally owned lands are not subject to the provision of this chapter;

3. Minor, temporary, or transient activities (including those of a recreational nature) that do not alter the environment or require a dedicated staging area, use area, or route (including temporary signs) are not subject to this chapter;

4. The adoption and amendment dates of the relevant regulations are provided below:

a. Flood damage prevention ordinance, Chapter 15.52.

B. Other rules and regulations, including the city of Wapato subdivision ordinance (Title 16), the city of Wapato zoning ordinance (Title 17), and the buildings and construction ordinance (Title 15), shall remain in full force and effect as they apply to designated critical areas. In the event that the requirements of this chapter conflict with the requirements of the Wapato zoning ordinance, the subdivision ordinance or any other lawfully adopted municipal rules or regulations, the most restrictive standards shall apply. (Ord. 1247 §1 (Exh. A)(part), 2011)

Science and Protection of Anadromous Fish

18.05.150 Science and protection of anadromous fish.

This chapter has been updated consistent with the requirements for using the best available science and protection of anadromous fish as required by:

A. RCW 36.70A.172, Critical Areas--Designation and Protection--Best Available Science to Be Used; and

B. WAC 365-195-900 through 365-195-925, Growth Management Act--Procedural Criteria for Adopting Comprehensive Plans and Development Regulations--Part 9--Best Available Science. (Ord. 1247 §1 (Exh. A)(part), 2011)

Authority and Severability

18.05.155 Administrative authority.

The administrative official or his/her duly authorized agent shall be responsible for the general administration of this chapter. The administrative official shall establish procedures for implementation of this chapter.

A written request for an interpretation of any provision of this chapter may be submitted to the administrative official. Each request shall set forth the specific provision(s) to be interpreted and the facts of the specific situation giving rise to the request for an interpretation. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.160 Severability.

If any provision of this chapter or its application to any person or legal entity or circumstances is held to be invalid, the remainder of said chapter or the application of the provision to other persons or legal entities or circumstances shall not be affected. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.170 Jurisdiction--Critical areas.

A. The city shall regulate all uses, activities, and developments within, adjacent to, or likely to affect one or more critical areas, consistent with the best available science and the provisions herein. An inventory of best available science and potential critical areas in the city of Wapato is included in the natural systems element of the city of Wapato comprehensive plan, adopted January 4, 2010, via Ordinance No. 1217. Designation and mapping of each critical area type is further discussed in development standards, Parts Four through Seven.

B. Based on the city of Wapato potential critical areas inventory, critical areas regulated by this chapter include:

1. Type 3 streams;

2. Type 4 streams;

3. Category 2 wetlands;

4. Category 3 wetlands;

5. Category 4 wetlands;

6. Critical aquifer recharge areas;

7. FEMA one-hundred-year floodplains.

C. Based on the city of Wapato inventory of potential critical areas, the city finds that none of the following critical areas exist within city limits:

1. Geologically hazardous areas;

2. Type 1, 2, or 5 streams;

3. Category 1 wetlands. (Ord. 1247 §1 (Exh. A)(part), 2011)

PART TWO. DEFINITIONS

18.05.200 Definitions generally.

Definitions listed in Part Two of this chapter shall be applied to the regulations, review, and administration of all critical areas, including flood hazard areas, unless the definition itself identifies the term as applying to flood hazard administration, in which case the definition only applies to that situation. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.201 Abutting.

"Abutting" means bordering upon, to touch upon, or in physical contact with. Sites are considered abutting even though the area of contact may be only a point. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.202 Adjacent.

"Adjacent" means to be nearby and not necessarily abutting. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.203 Administrative official.

"Administrative official" means the city official duly authorized by the city to administer this title, or his/her duly authorized agent. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.204 Alluvial fan.

"Alluvial fan" means a low, outspread, relatively flat to gently sloping feature, shaped like an open fan or a segment of a cone, deposited by a stream at the place where it issues from a valley upon a plain or broad valley; where a tributary stream is near or at its junction with the main stream; or wherever a constriction in a valley abruptly ceases or the gradient of the stream suddenly decreases. It is steepest near the mouth of the valley where its apex points upstream and it slopes gently and convexly outward with gradually decreasing gradient. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.205 Applicant.

"Applicant" means a person, party, firm, corporation, or other legal entity that proposes development, construction, or use on a parcel of property. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.206 Aquifer.

"Aquifer" means a saturated geologic formation which will yield a sufficient quantity of water to serve as a private or public water supply. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.207 Bank.

"Bank" means the land surface above the ordinary high water mark that abuts a body of water and contains it to the bankfull depth. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.208 Bankfull depth.

"Bankfull depth" means the average vertical distance between the channel bed and the estimated water surface elevation required to completely fill the channel to a point above which water would enter the floodplain or intersect a terrace or hillslope. In cases where multiple channels exist, the bankfull depth is the average depth of all channels along the cross-section. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.209 Base flood.

"Base flood," for purposes of administering Part Four, Development Standards and Provisions: Flood Hazard Areas, means the flood having a one percent chance of being equaled or exceeded in any given year. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.210 Base flood elevation.

"Base flood elevation," for purposes of administering Part Four, Development Standards and Provisions: Flood Hazard Areas, means the elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum, North American Vertical Datum, or other datum specified on the flood insurance rate map. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.211 Basement.

"Basement," for purposes of administering Part Four, Development Standards and Provisions: Flood Hazard Areas, means any area of the building having its floor subgrade (below ground level) on all sides. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.212 Bed.

"Bed" means the land below the ordinary high water lines of state waters. This definition shall not include irrigation ditches, canals, stormwater run-off devices, or other artificial watercourses except where they exist in a natural watercourse that may have been altered by unnatural means. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.213 Bedrock.

"Bedrock" means the solid rock underlying unconsolidated surface materials. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.214 Berm.

"Berm" means a mound or wall of earth material used as a protective barrier to control the direction of water flow. A berm lacks engineering and is generally comprised of materials less than twelve inches in diameter and less than three feet above the surface. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.215 Best available science.

"Best available science" means current scientific information used in the process to designate, protect, or restore critical areas, that is derived from a valid scientific process as defined by WAC 365-195-900 through 365-195-925. Sources of the best available science are included in Citations of Recommended Sources of Best Available Science for Designating and Protecting Critical Areas published by the Washington State Department of Commerce, and the Yakima County Review of Best Available Science for Inclusion in Critical Areas Ordinance Update. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.216 Best management practices.

"Best management practices" or "BMPs" means schedules of activities, practices, maintenance procedures, and structural and/or managerial practices that, when used singly or in a combination, prevent or reduce adverse impacts to the environment. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.217 Bioengineering.

"Bioengineering" means project designs or construction methods which use live woody vegetation or a combination of live woody vegetation and specially developed natural or synthetic materials to establish a complex root grid within the existing bank, which is resistant to erosion, provides bank stability, and maintains a healthy riparian environment with habitat features important to fish life. Use of wood structures or limited use of clean angular rock may be allowable to provide stability for the establishment of vegetation. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.218 Breakwater.

"Breakwater" means a fixed or floating offshore structure that protects the shore from the forces of waves or currents. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.219 Bulkhead.

"Bulkhead" means a vertical or nearly vertical erosion protection structure placed parallel to the shore consisting of concrete, timber, steel, rock, or other permanent material not readily subject to erosion. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.220 Building official.

"Building official" means the manager of code administration or a designee. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.221 Channel.

"Channel" means an open conduit, either naturally or artificially created, which periodically or continuously contains moving water, or which forms a connecting link between two bodies of water. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.222 Classification.

"Classification" means value and hazard categories to which critical areas and natural resource lands will be assigned. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.223 Clearing.

"Clearing" means the removal of timber, brush, grass, ground cover or other vegetative matter from a parcel of land. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.224 Compaction.

"Compaction" means compressing soil or other material through some mechanical means to make it denser. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.225 Compensatory mitigation.

"Compensatory mitigation" means replacing project-induced losses or impacts to a critical area, and includes, but is not limited to, the following:

A. Restoration. Actions performed to reestablish critical area functional characteristics and processes that have been lost by alterations, activities, or catastrophic events within an area that no longer meets the definition of a critical area.

B. Creation. Actions performed to intentionally establish a critical area at a site where it did not formerly exist.

C. Enhancement. Actions performed to improve the condition of existing degraded critical areas so that the functions they provide are of a higher quality.

D. Preservation. Actions taken to ensure the permanent protection of existing, high-quality critical areas. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.226 Construction.

"Construction" means the assembly, placement, or installation of structures, roadways, transmission lines, and other improvements within a parcel of land. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.227 Construction materials.

"Construction materials," for the purpose of Part Four, Development Standards and Provisions: Flood Hazard Areas, means all new construction and substantial improvements shall be constructed with material and utility equipment resistant to flood damage (see Technical Bulletin 2-93 for qualifying materials). (FEMA §60.3(a)(3)(ii).) (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.228 Construction methods.

"Construction methods," for the purpose of Part Four, Development Standards and Provisions: Flood Hazard Areas, means all new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.229 Critical aquifer recharge area.

"Critical aquifer recharge area" means an area with a critical recharging effect on an aquifer(s) used for potable water or areas where a drinking water aquifer is vulnerable to contamination that would affect the potability of the water. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.230 Critical areas.

"Critical areas" include any of the following areas or ecosystems: critical aquifer recharge areas, fish and wildlife habitat conservation areas, frequently flooded areas, and wetlands, as defined in RCW 36.70A.030 and this chapter. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.231 Designated.

"Designated" means formal legislative action to identify and describe a critical area. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.232 Department.

"Department" means the city of Wapato clerk/treasurer’s office. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.233 Development.

"Development" means the division of land into lots or parcels in accordance with the city’s subdivision ordinance (Title 16), and any clearing, excavation, dredging, drilling, filling, dumping, removal of earth and mineral materials, or other permanent or temporary modification of a parcel of land up to, but not including, construction as defined in this chapter. For the purpose of Sections 18.05.400 through 18.05.404 (Flood Hazard Areas), "development" also means any manmade change to improved or unimproved real estate located within a special flood hazard area, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling, temporary or permanent storage of equipment and works defined in this chapter. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.234 Dike.

"Dike" means an embankment to prevent flooding by a stream or other water body. A dike is also referred to as a levee. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.235 Dock.

"Dock" means a structure built over or floating upon the water and used as a landing place for boats and other marine transport, fishing, swimming, and other recreational uses. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.236 Dredging.

"Dredging" means removal of earth from the bed of a stream, lake, or pond for the purpose of increasing the depth of surface water or obtaining minerals, construction aggregate, or landfill materials. This definition does not include excavation for mining within a pond created by a mining operation approved under this chapter or under a local zoning ordinance, or a mining operation in existence before zoning, shorelines, or critical areas permits and/or reviews were required for such operations. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.237 Earth material.

"Earth material" means any rock, natural soil, organic material or combination thereof. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.238 Enhance.

"Enhance" means to strengthen any of the basic functional properties listed in Section 18.05.504 that exist but do not perform at optimum efficiency. "Optimum" refers to the most favorable or best performance of each function achievable for a specific segment of stream corridor. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.239 Ephemeral stream.

"Ephemeral stream" means a stream that flows only in response to precipitation with no groundwater association, usually thirty days or less per year. The lack of any groundwater association results in a lack of a distinctive riparian vegetation compared to the surrounding landscape. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.240 Erosion.

"Erosion" means the wearing away of the earth’s surface as a result of the movement of wind, water, or ice. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.241 Excavation.

"Excavation" means the mechanical removal of earth material. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.242 Fill.

"Fill" means the addition of any material, such as (by way of illustration) earth, clay, sand, rock, gravel, concrete rubble, rubble, wood chips, bark, or waste of any kind, which is placed, stored or dumped upon the surface of the ground resulting in an increase in the natural surface elevation. The physical structure of a shore stabilization structure shall not be considered fill. However, fill placed behind the structure is considered fill. Streambed manipulation for irrigation diversions shall not be considered fill. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.243 Fish and wildlife habitat conservation areas.

"Fish and wildlife habitat conservation areas" means areas necessary for maintaining species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created as designated by WAC 365-190-080(5). These areas include:

A. Areas with which state or federally designated endangered, threatened, and sensitive species have a primary association;

B. Habitats of local importance, including but not limited to areas designated as priority habitat by the Washington Department of Fish and Wildlife;

C. Naturally occurring ponds under twenty acres and their submerged aquatic beds that provide fish or wildlife habitat, including those artificial ponds intentionally created from dry areas in order to mitigate impacts to ponds;

D. Waters of the state, including lakes, rivers, ponds, streams, inland waters, underground waters, and all other surface waters and watercourses within the jurisdiction of the state of Washington;

E. Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.244 Flood.

"Flood" means a general and temporary condition of partial or complete inundation of normally dry land areas from the unusual and rapid accumulation of runoff of surface waters from any source. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.245 Flood hazard permit.

"Flood hazard permit" means written approval applied for and obtained in accordance with such rules and regulations as are established under this chapter. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.246 Flood insurance rate map (FIRM).

"Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.247 Flood insurance study.

"Flood insurance study" means the official report provided by the Federal Emergency Management Agency that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.248 Floodplain.

"Floodplain" means a land area adjoining a river, stream, watercourse, or lake, which has been determined likely to flood. The extent of the floodplain may vary with the frequency of flooding being considered as per FEMA FIRM maps. "Floodplain" is synonymous with the one-hundred-year floodplain and means that land area is susceptible to inundation with a one percent chance of being equaled or exceeded in any given year. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.249 Flood-prone.

"Flood-prone" means a land area for which a floodway and floodplain has not been determined with respect to any specific flood frequency, but for which the potential for flooding can be identified by information observable in the field such as soils or geological evidence, or by materials such as flood studies, topographic surveys, photographic evidence or other data. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.250 Floodproofing.

"Floodproofing," for purposes of administering Part Four, Development Standards and Provisions: Flood Hazard Areas, means any combination of structural and nonstructural changes or adjustments to structures, which reduce or lessen flood damages to lands, water or wastewater treatment facilities, structures, and contents of buildings. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.251 Floodway.

"Floodway" means the regular channel of a river, stream, or other watercourse, plus the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.252 Floodway fringe.

"Floodway fringe," for purposes of administering Part Four, Development Standards and Provisions: Flood Hazard Areas, means that portion of a floodplain which is inundated by floodwaters but is not within a defined floodway. Floodway fringes serve as temporary storage for floodwaters. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.253 Grade.

"Grade" means the vertical location of the ground surface. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.254 Grading.

"Grading" means any excavation, filling, or combination thereof. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.255 Groundwater.

"Groundwater" means water that occurs beneath the land surface, also called subsurface water or subterranean water. Groundwater includes water in the zone of saturation of a water-bearing formation. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.256 Hydrologically related critical areas (HRCA).

"Hydrologically related critical areas (HRCA)" include all those areas identified in Section 18.05.502, which are important and deserving of protection by nature of their value for the functional properties found in Section 18.05.504. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.257 Hyporheic.

"Hyporheic" means a groundwater area adjacent to and below channels where water is exchanged with channel water and water movement is mainly in the downstream direction. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.258 Intermittent streams.

"Intermittent stream" means a stream which flows only during certain times of the year, with inputs from precipitation and groundwater, but usually more than thirty days per year. Groundwater association generally produces an identifiable riparian area. This definition does not include streams that are intermittent because of irrigation diversion or other manmade diversions of the water. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.259 Lake or pond.

"Lake or pond" means an inland body of standing water. The term can include the reservoir or expanded part of a river behind a dam. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.260 Lowest floor.

"Lowest floor," for purposes of administering Part Four, Development Standards and Provisions: Flood Hazard Areas, means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.261 Manufactured home.

"Manufactured home" means a home constructed after June 15, 1976, in accordance with state and federal requirements for manufactured homes, which:

A. Is comprised of at least two fully enclosed parallel sections each of not less than twelve feet wide by thirty-six feet long;

B. Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of nominal three to twelve pitch; and

C. Has exterior siding similar in appearance to siding materials commonly used on conventional site-built Uniform Building Code single-family residences. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.262 Manufactured home park.

"Manufactured home park" means a parcel of land under single ownership used for the placement of two or more manufactured homes used as dwellings. This definition shall not apply to the placement of a temporary hardship unit (Section 17.04.110) on the same parcel with another manufactured home. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.263 Manufactured home park or subdivision, existing.

"Existing manufactured home park or subdivision" means a manufactured home park or subdivision that was completed before the effective date of Chapter 15.52, Flood Damage Prevention. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.264 Minerals.

"Minerals" means gravel, sand and metallic and nonmetallic substances of commercial value. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.265 Mining.

"Mining" means the removal of naturally occurring minerals and materials from the earth for commercial value. "Mining" includes processing and batching. "Mining" does not include large excavations for structures, foundations, parking areas, etc. (See also Section 18.05.518, Dredging and excavation.) (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.266 Minor revision.

"Minor revision," for the purpose of this chapter, is as follows but not limited to: minor changes in facility orientation or location, minor changes in structural design that do not change the height or increase ground floor area, and minor accessory structures (such as equipment covers or small sheds near the main structure, etc.). (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.267 Native.

"Native" means indigenous to or originating naturally within the city of Wapato and surrounding areas. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.268 Natural conditions.

"Natural conditions" means those conditions which arise from or are found in nature and not modified by human intervention. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.269 New construction.

"New construction," for purposes of administering Part Four, Development Standards and Provisions: Flood Hazard Areas, means start of construction after construction plans were submitted to the city and the city reviewed and approved the construction plans to create a structure. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.270 Nonconforming structure.

"Nonconforming structure," for purposes of administering Part Four, Development Standards and Provisions: Flood Hazard Areas, means a structure which was lawful prior to the adoption or amendment of this chapter, but which fails by reason of such adoption or amendment to conform to the present requirements of the zoning district in which it is located. In addition, the structure may not be permitted as a new structure under the terms of this chapter because the structure may not be in conformance with the applicable elevation and/or floodproofing requirements. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.271 Nonconforming use.

"Nonconforming use," for purposes of administering Part Four, Development Standards and Provisions: Flood Hazard Areas, means a use of land or structure which was lawfully established and maintained prior to the adoption or amendment of this chapter, but does not conform to this chapter for the zoning district in which it is located. In addition, the use may not be permitted as a new use under the terms of this chapter because the use may not be in conformance to the applicable elevation and/or floodproofing requirements. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.272 Ordinary high water mark (OHWM).

"Ordinary high water mark (OHWM)" means a mark on lakes and streams which can be found by examining the bed and banks and ascertaining where the presence and action of waters are common and usual, and so long continued in ordinary years as to create a character mark upon the soil distinct from that of the abutting upland. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.273 Out-of-kind compensation.

"Out-of-kind compensation" means to replace critical areas with substitute critical areas whose characteristics do not closely approximate those destroyed or degraded. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.274 Perennial stream.

"Perennial stream" means a stream that flows year round in normal water years. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.275 Project site.

"Project site" means that portion of any lot, parcel, tract, or combination thereof which encompasses all phases of the total development proposal. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.276 Qualified professional.

"Qualified professional" means a person with experience, training, expertise, and related work experience appropriate for the relevant critical area subject in accordance with WAC 365-195-905(4). The professional shall provide their qualifications to the administrative official to ensure the professional has the acceptable level of qualifications and experience for the relevant critical area they will be working in. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.277 Recreation vehicle.

"Recreation vehicle" means a motorized or nonmotorized vehicle designed and manufactured for recreational use, including but not limited to boats, travel trailers, snowmobiles, go-carts, motorcycles and dune buggies. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.278 Restore.

"Restore" means to reestablish the basic functional properties listed in Section 18.05.504 that have been lost or destroyed through natural events or human activity with measures such as revegetation and removal or treatment of toxic materials. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.279 Restoration.

"Restoration" means measures taken to restore an altered or damaged natural feature including:

A. Active steps taken to restore damaged wetlands, streams, protected habitat, or their buffers to the functioning condition that existed prior to an unauthorized alteration; and

B. Actions performed to reestablish structural and functional characteristics of the critical area that have been lost by alteration, past management activities, or catastrophic events. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.280 Revetment.

"Revetment" means a layer, facing, or protective mound of rubble or stones placed on a bank or bluff to protect a slope, embankment, or shore structure against erosion, scour, or sloughing by wave action or currents; also, the stone placed for this purpose. Revetment is also referred to as riprap. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.281 Riparian vegetation.

"Riparian vegetation" means the terrestrial vegetation that grows beside rivers, streams, and other freshwater bodies and that depends on these water sources for soil moisture greater than would otherwise be available from local precipitation. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.282 Scour.

"Scour" means the removal of underwater material by waves and currents, especially at the base or toe of a shore stabilization structure. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.283 Shoreline.

"Shoreline," as used in this chapter, means those water areas, the associated features, and the land areas that are subject to the State Shoreline Management Act, as defined in RCW 90.58.030. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.284 Shore stabilization.

"Shore stabilization" means the construction or modification of bulkheads, retaining walls, dikes, levies, riprap, breakwaters, jetties, groins, weirs, and other structures along the shore, and/or the use of bioengineering, for the purpose of controlling stream undercutting, stream erosion or lake shore erosion. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.285 Single-family dwelling.

"Single-family dwelling" means a structure designed to contain a single dwelling unit. Single-family dwellings are further classified by their nature of construction as follows:

A. Site-Built. Constructed primarily at the occupancy site and permanently affixed to the ground by a foundation.

B. Manufactured home.

C. Modular home. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.286 Slope.

"Slope" means an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.287 Solid waste.

"Solid waste" means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, wood waste, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.288 Special flood hazard area.

"Special flood hazard area" means the land in the floodplain identified by the Federal Emergency Management Agency that is subject to a one percent or greater chance of flooding in any given year. Commonly known as the one-hundred-year floodplain. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.289 Start of construction.

"Start of construction," for purposes of administering Part Four, Development Standards and Provisions: Flood Hazard Areas, means the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings or land preparation, such as clearing, grading and filling, the installation of streets or walkways, excavation for a basement, footings, piers or foundations, or the erection of temporary forms. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.290 Stream.

"Stream" means water contained within a channel, whether perennial, intermittent, or ephemeral. Streams include both natural watercourses and those modified by man (example: stream flow manipulation, channelization, and relocation of the channel). They do not include irrigation ditches, waste ways, drains, outfalls, operational spillways, canals, stormwater runoff facilities, or other artificial watercourses except those that are located within existing wetland or streams. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.291 Stream corridor.

"Stream corridor," as used in this chapter, means features listed and described in Section 18.05.502. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.292 Structure.

"Structure" means anything constructed or erected which requires location on the ground, or attached to something having a location on the ground, but not including fences or walls used as fences less than six feet in height and include gas or liquid storage tanks when located above ground. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.293 Substantial improvement.

A. "Substantial improvement," for purposes of administering Part Four, Development Standards and Provisions: Flood Hazard Areas, means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the assessed value of the structure either:

1. Before the improvement or repair is started; or

2. Before the damage occurred to a structure. For the purposes of this definition, "substantial improvement" occurs 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. The total value of all improvements to an individual structure undertaken subsequent to March 4, 1986, the effective date of this title, shall be used to define "substantial improvement" for said structure.

B. The term does not, however, include either:

1. Any project for improvement to a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or

2. Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.294 Use.

"Use" means the activity or purpose for which land or structures or a combination of land and structures is designed, arranged, occupied, or maintained together with any associated site improvements. This definition includes the construction, erection, placement, movement or demolition of any structure or site improvement and any physical alteration to land itself, including any grading, leveling, paving or excavation. "Use" also means any existing or proposed configuration of land, structures, and site improvements, and the use thereof. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.295 Utility equipment.

"Utility equipment," for the purposes of Part Four, Development Standards and Provisions: Flood Hazard Areas, means all electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.296 Vegetative buffer or buffer.

"Vegetative buffer" or "buffer" means an area extending landward from the ordinary high water mark of a lake or stream and/or from the edge of a wetland which is maintained or otherwise allowed to provide support for the performance of the basic functional properties of a stream corridor, wetland and other hydrologically related critical areas as set forth in Sections 18.05.504, Functional properties, and 18.05.603, Wetland functions and rating. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.297 Wetland.

"Wetland" 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. 1247 §1 (Exh. A)(part), 2011)

18.05.298 Wildlife.

"Wildlife" means all species of the animal kingdom whose members exist in Washington in a wild state, which includes, but is not limited to, any mammal, bird, reptile, amphibian, fish, or invertebrate, at any stage of development. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.299 Wildlife habitat.

"Wildlife habitat" means an area, of climate, soils, vegetation, relationship to water, location, and or other physical properties, which is identified as having a critical importance to the maintenance of wildlife species. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.299A Works.

"Works" means any dam, wall, wharf, embankment, levee, dike, berm, pile, bridge, improved road, abutments, projection, excavation, channel rectification, or improvement. (Ord. 1247 §1 (Exh. A)(part), 2011)

PART THREE. APPLICATION AND REVIEW PROCEDURES

General Provisions

18.05.300 Critical area development authorization required.

A. No new development, construction or use shall occur within a designated critical area, as defined by Section 18.05.230, without obtaining a development authorization in accordance with the provisions of this chapter, except for those provided for in Section 18.05.301 (Activities Allowed). Exemptions, as provided for in Sections 18.05.302 and 18.05.303, shall be considered as development authorization.

B. The city shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water, or vegetation, or to construct or alter any structure or improvement in, over, or on a critical area or associated buffer, without first ensuring compliance with the requirements of this chapter, including, but not limited to, the following:

1. Building permit;

2. Short subdivision;

3. Subdivision;

4. Zoning variance;

5. Site plan; or

6. Any other adopted permit or required approval not expressly exempted by this chapter.

C. With respect to application and review procedures, it is the intent of this chapter to streamline and coordinate development authorization within a critical area and recognize other requirements by local, state, and/or federal permits or authorizations. Development, construction, or use occurring within a designated critical area shall be processed according to the provisions of this chapter, unless determined to be exempt.

D. Approval of a development authorization under this chapter shall be in addition to, and not a substitute for, any other development permit or authorization required by the city of Wapato. Approval of a development authorization under this chapter shall not be interpreted as an approval of any other permit or authorization required of a development, construction, or use.

E. Development authorizations issued in accordance with this chapter shall continue with the land and have no "sunset clause" unless otherwise stated in the development authorization.

F. Coordination with Other Jurisdictions.

1. Where all or a portion of a standard development project site is within a designated critical area and the project is subject to another local, state or federal development permit or authorization, the administrative official shall determine whether the provisions of this chapter can be processed in conjunction with a local, state or federal development permit or authorization, or whether a separate critical area development authorization application and review process is necessary.

The decision of the administrative official shall be based upon the following criteria:

a. The nature and scope of the project and the critical area features involved or potentially impacted;

b. The purpose or objective of the permit or authorization and its relationship to protection of the critical area;

c. The feasibility of coordinating the critical area development authorization with other permitting agency;

d. The timing of the permit or authorization.

2. When a determination has been made that provisions of this chapter can be handled through another applicable development permit or authorization process, project proponents may be required to provide additional site plans, data, and other information necessary as part of that process to ensure compliance with this chapter. The administrative official’s decision on the critical area development authorization shall be coordinated to coincide with other permits and authorizations. The administrative official may determine to accept the development authorization and/or permits from the other reviewing agencies as complete compliance with the city’s critical area ordinance. (Ord. 1247 §1 (Exh. A)(part), 2011)

Allowed Activities, Exemptions, and Exceptions

18.05.301 Minor activities allowed without an exemption.

This chapter shall be inapplicable to the following actions:

A. Maintenance of existing, lawfully established areas of crop vegetation, landscaping, paths, and trails or gardens within a regulated critical area or its buffer. Examples include: mowing lawns, weeding, garden crops, pruning, and planting of noninvasive ornamental vegetation or indigenous native species to maintain the general condition and extent of such areas;

B. Minor maintenance and/or repair of structures that do not involve additional construction, earthwork, or clearing. Examples include painting, trim or facing replacement, reroofing, etc. Cleaning, operation and maintenance of canals, ditches, drains, waste ways, etc., is not considered additional earthwork, as long as the cleared materials are placed outside the stream corridor, wetlands, and buffers;

C. Low impact activities such as hiking, canoeing, viewing, nature study, photography, hunting, fishing, education or scientific research;

D. Creation of private trails that do not cross streams or wetlands that are less than two feet wide and do not involve placement of fill or grubbing of vegetation;

E. Planting of native vegetation;

F. Noxious weed control outside vegetative buffers identified in Section 18.05.514, Vegetative buffers;

G. Noxious weed control within vegetative buffers, if the criteria listed below are met. Control methods not meeting these criteria may still apply for a restoration exemption, or other authorization as applicable:

1. Hand removal/spraying of individual plants or other acceptable method approved by the administrative official;

2. No area wide vegetation removal/grubbing. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.302 Exempt activities.

The following development activities are exempt from the requirements of this chapter:

A. Emergencies. Those activities necessary to prevent an immediate threat to public health, safety, or welfare, or which pose an immediate risk of damage to private property and which require remedial or preventive action in a timeframe too short to allow for compliance with the requirements of this chapter. Emergency actions which 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. Within thirty days, the administrative official shall determine if the action taken was within the scope of the emergency actions allowed in this subsection. If the administrative official determines that the action taken, or any part of the action taken, was beyond the scope of an allowed emergency action, then enforcement provisions of Chapter 17.25, Violations and Enforcement and Administration, shall apply.

After the emergency, the person or agency undertaking the action shall fully fund and conduct necessary restoration and/or mitigation for any impacts to the critical area and buffers resulting from the emergency action in accordance with an approved critical area report and mitigation plan. The person or agency undertaking the action shall apply for review, and the alteration, critical area report, and mitigation plan shall be reviewed by the city in accordance with the review procedures contained herein. Restoration and/or mitigation activities must be initiated within one year of the date of the emergency, and completed in a timely manner; provided, however, the restoration, mitigation, planning and financial requirements set forth in this subsection shall not apply to public safety or volunteer emergency services providers who, in good faith, render emergency response services, and while in the course and scope of such services determine it necessary to damage, destroy or alter property falling under the jurisdiction of this chapter; provided further, this exception from responsibility shall not extend to the landowner or to any persons other than such public safety or volunteer emergency services providers;

B. Operation, Maintenance, or Repair. Operation, maintenance, or repair of existing structures, infrastructure improvements, utilities, public or private roads, dikes, levees, or drainage systems 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 operation, maintenance, or repair. Operation and maintenance includes vegetation management performed in accordance with best management practices that is part of ongoing maintenance of structures, infrastructure, or utilities; provided, that such management actions are part of regular and ongoing maintenance, do not expand further into the critical area, are not the result of an expansion of the structure or utility, and do not directly impact an endangered or threatened species; and

C. Passive Outdoor Activities. Recreation, education, and scientific research activities that do not degrade the critical area, including fishing, hiking, and bird watching. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.303 Documented exemption--Procedural requirements.

The following development activities are exempt from the requirements of this chapter, except that flood hazard exemptions shall follow the exemption procedures found in Section 18.05.403. Exemption from this chapter shall follow the procedure in subsection (F)(1) of this section, and does not under any circumstances 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, according to Section 18.05.521, Reclamation.

A. Exemptions shall be construed narrowly and any exempted development shall be consistent with the policies and provisions of this chapter.

B. If any part of a proposed development is not eligible for an exemption, then the entire proposed project is subject to the requirements of this chapter.

C. The burden of proof that a development or use is exempt is on the applicant.

D. When a development or use is proposed that does not comply with the bulk, dimensional and performance standards of this chapter, such development must also obtain a variance as provided in Chapter 17.21, Variances.

E. All exempted activities shall use reasonable methods to avoid potential impacts to critical areas.

F. The proponent of an exempt activity shall submit a written request for a documented exemption which states the following:

1. Why the exemption is being sought.

2. A project description that demonstrates the following:

a. The sequence of activities to be conducted;

b. The equipment to be used (hand or mechanical);

c. The best management practices to be used;

d. The efforts employed to minimize adverse impacts; and

e. Restoration for disturbed areas following the activity including mitigation for lost wetland functions, when applicable.

G. The administrative official or designee shall approve or deny the exemption. A formal letter of exemption shall be provided when an exempt activity is approved under this chapter. If an exemption cannot be granted, the administrative official or designee shall notify the applicant in writing, stating the reason for denial of the exemption, at which time the applicant may pursue other permit processes under this chapter or modify the activity to a level that would justify reconsideration. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.304 Reasonable use exception.

A. Classification Criteria. If the application of this chapter would deny all reasonable economic use of the subject property, the property owner may apply for a reasonable use exception.

B. Process. A reasonable use exception shall be processed as a Class 3 review with a public hearing.

C. Decision Criteria. The reasonable use request shall be accompanied by conformance criteria. Failure to satisfy any one of the criteria shall result in denial of the request and the burden of proof shall be on the applicant. Decisions on a reasonable use request shall be based on the general decision criteria found in Section 18.05.308(D)(1), Threshold Decisions--Basis for Action, together with the criteria below.

1. The application of this chapter would deny all reasonable use of the property; provided, that the inability of the applicant to derive reasonable use of the property is not the result of actions by the applicant;

2. No other reasonable use of the property has less impact on the critical area;

3. Any alteration is the minimum necessary to allow for reasonable use of the property. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.305 Minor revisions to approved uses or development.

A. Classification Criteria. Minor revisions as described in Section 18.05.266 to a project that has been previously approved under a critical area permit are allowed under the following circumstances:

1. Changes that are not substantive are not required to obtain a revision and may be allowed.

2. Substantive changes are those that materially alter the project in a manner that relates to its conformance with the permit requirements. Such changes may be approved as a minor revision, if the administrative official or designee determines that the proposed revision is within the scope and intent of the original permit, and meets the criteria listed below. Failure to meet the criteria below will require a new permit.

3. Lot coverage and height may be increased by a maximum of ten percent from the provisions of the original permit; provided, that:

a. Revisions involving new structures not shown on the original site plan shall require a new permit; and

b. Any revisions authorized under this subsection shall not exceed height, lot coverage, setback, or any other requirements of this chapter.

4. Landscaping may be added without an application for a new permit; provided, that it is consistent with conditions of the original permit.

5. The use authorized pursuant to the original permit has not changed.

6. No additional significant adverse environmental impacts will be caused by the project revision.

B. Process. Minor revisions to existing permits shall be processed under Class 1 review procedures.

C. Decision Criteria. Decisions on permit revisions shall be based on the general decision criteria found in Section 18.05.308(D)(1), Threshold Decisions--Basis for Action. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.306 Nonconforming uses and facilities.

Nonconforming uses and facilities are classified as either conforming uses with nonconforming structures or areas, or as nonconforming uses, each of which has different review processes and decision criteria, as provided for in Chapter 17.19, Nonconforming Uses and Structures. (Ord. 1247 §1 (Exh. A)(part), 2011)

Review Process

18.05.307 Preapplication conference.

Any person preparing to submit an application for development or use of land that may be regulated by the provisions of this chapter may request a consultation meeting with the administrative official or designee prior to submitting an application for development or other approval. At this meeting, the administrative official or designee shall discuss the requirements of this chapter; provide critical areas maps, scientific information, and other source materials; outline the review process; and work with the activity proponent to identify any potential concerns that might arise during the review process, in addition to discussing other permit procedures and requirements. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.308 Critical areas identification form and threshold decision.

A. Critical Areas Identification Form. Prior to the review of any applicable proposed development, construction or use not found to be exempt under Exempt Activities (Section 18.05.302) or allowed pursuant to Minor Activities Allowed without an Exemption (Section 18.05.301), the applicant shall submit a completed critical areas identification form, said form provided by the city, and any other information the city may require to determine if a critical area is present.

B. Site Examination. Upon receipt of a critical areas identification form and site plan, the administrative official or designee may conduct a site examination to review critical area conditions. The administrative official or designee shall notify the property owner of the site examination prior to the site visit and the property owner shall provide reasonable access to the site.

C. Critical Area Information Review Process. The administrative official or designee shall review the available information pertaining to the site and the proposal and make a determination whether any critical areas may be affected. The administrative official may use the following indicators to assist in determining the need for a critical area report:

1. Indication of a potential critical area on the maps included in the city of Wapato comprehensive plan natural systems element, which may be impacted by this proposed activity;

2. Information and scientific opinions from appropriate agencies, including where relevant, but not limited to, the Washington State Departments of Fish and Wildlife, Ecology, and Natural Resources, as well as the Yakama Nation;

3. Documentation, from a scientific or other reasonable source, of the possible presence of a critical area;

4. A finding by a qualified professional, or a reasonable belief by the administrative official, that a critical area may exist on or adjacent to the site of the proposed activity.

D. Threshold Decision on Critical Area. The administrative official or designee shall issue a threshold decision, which will determine whether further review of the project under this chapter is required.

1. Threshold Decisions--Basis for Action. The threshold decision issued under this chapter shall be based upon the following criteria:

a. Impact of the project to critical area features on and abutting the property;

b. Danger to life or property that would likely occur as a result of the project;

c. Compatibility of the project with the critical area features;

d. Conformance with applicable development standards;

e. Compliance with flood hazard mitigation requirements of Sections 18.05.400 through 18.05.404;

f. Adequacy of the information provided by the applicant or available to the department.

2. Threshold Decisions Issued.

a. No Critical Areas Present. If the administrative official’s analysis indicates that the project area is not within or adjacent to a critical area or buffer and that the proposed activity is unlikely to degrade the functions or values of a critical area, then the administrative official shall rule that the critical area review is complete and note on the underlying application the reasons that no further critical area review is required. A summary of the information shall be included in any staff report or decision on the underlying permit. The determination that no critical area is present shall be considered development authorization and the project may continue with review processes for any other permits or approvals for the project required by the WMC.

b. Critical Areas Present, But No Impact--Waiver. If the administrative official determines there are critical areas within or adjacent to the project area, but that the best available science shows that the proposed activity is unlikely to degrade the functions or values of the critical area, the administrative official may waive the requirement for a critical area report. A waiver may be granted if there is substantial evidence that all of the following requirements will be met:

i. There will be no alteration of the critical area or buffer;

ii. The development proposal will not impact the critical area in a manner contrary to the purpose, intent, and requirements of this chapter; and

iii. The proposal is consistent with other applicable regulations and standards. A summary of this analysis and the findings shall be included in any staff report or decision on the underlying permit.

The issuance of a waiver shall be considered development authorization and the project may continue with review processes for any other permits or approvals for the project required by the WMC.

c. Critical Areas May Be Affected by Proposal. If the administrative official determines that a critical area or areas may be affected by the proposal, then the administrative official shall notify the applicant that a critical areas report in conformance with Section 18.05.309, Critical areas report requirements, must be submitted prior to further review of the project, and indicate each of the critical area types that should be addressed in the report.

E. Administrative Official’s Determination Subject to Reconsideration. A determination regarding the apparent absence of one or more critical areas by the administrative official is not an expert certification regarding the presence of critical areas and the determination is subject to possible reconsideration and reopening if new information is received. If the applicant wants greater assurance of the accuracy of the critical area review determination, the applicant may choose to hire a qualified professional to provide such assurances. Regardless, threshold decisions are subject to subsection D of this section, Threshold Decision on Critical Area. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.309 Critical areas report requirements.

A. The administrative official or designee may require a critical areas report, paid for by the applicant, when it is determined necessary.

B. A qualified professional shall prepare the report consistent with best available science.

1. The intent of these provisions is to require a reasonable level of technical study and analysis sufficient to protect critical areas. The analysis shall be appropriate to the value or sensitivity of a particular critical area and relative to the scale and potential impacts of the proposed activity.

C. The critical area report shall:

1. Demonstrate the proposal is consistent with the purposes of this chapter;

2. Demonstrate the proposal is consistent with the development standards of this chapter, as provided in Part Four through Part Seven;

3. Describe all potential risks to critical areas, and assess impacts on the critical area from the activities and uses proposed; and

4. Identify mitigation and protective measures.

D. The administrative official or designee shall review the critical areas report for completeness and accuracy and shall consider the recommendations and conclusions to assist in making decisions on development authorizations, appropriate mitigation, and protective measures.

E. Critical areas reports shall be valid for a period of five years, unless it can be demonstrated that a previous report is adequate for current analysis. Reports prepared for adjacent properties may be utilized for current analysis only when it can be shown through a supplemental report or site investigation that conditions on site are unchanged.

F. The administrative official or designee may require the preparation of a new critical area assessment or a supplemental report if the initial assessment is in error.

G. The administrative official or designee may reject or request revision of the critical areas report when it can be demonstrated that the assessment is inaccurate, incomplete or does not fully address the critical areas impacts involved.

H. At a minimum, a critical areas report shall include the following information:

1. A site plan showing the proposed development footprint and clearing limits, and all relevant critical areas and buffers;

2. A written summary of the critical areas, including their size, type, classification or rating, condition, disturbance history, and functions and values;

3. An analysis of potential adverse impacts and how they will be mitigated or avoided;

4. When impacts cannot be avoided, the report shall include a plan describing mitigation to replace critical area functions and values. For projects on areas subject to high floodwater depth or velocity the mitigation shall additionally address the site, and other public and private properties, and both associated and unassociated nearby facilities and uses potentially affected;

5. The dates, names, and qualifications of the persons preparing the report and documentation of analysis methods including any fieldwork performed on the site; and

6. Additional reasonable information requested by the administrative official or designee.

I. A critical area report may be supplemented by or composed, in whole or in part, of any reports or studies required by other laws and regulations or previously prepared for and applicable to the development proposal site.

J. The administrative official or designee may limit the geographic area of the critical area report as appropriate. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.310 Mitigation requirements.

A. The applicant shall avoid all impacts that degrade the functions and values of a critical area or areas when possible. Unless otherwise provided in this chapter, if alteration to the critical area is unavoidable, all adverse impacts to or from critical areas and buffers resulting from a development proposal or alteration shall be mitigated using the best available science in accordance with an approved critical area report and SEPA documents, so as to result in no net loss of critical area functions and values.

B. Mitigation shall be in-kind and on site, when possible, and sufficient to maintain the functions and values of the critical area, and to prevent risk from a hazard posed by a critical area.

C. Mitigation shall not be implemented until after the administrator’s approval of a critical area report that includes a mitigation plan, and mitigation shall be in accordance with the provisions of the approved critical area report. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.311 Mitigation sequencing.

Applicants shall demonstrate that all reasonable efforts have been examined with the intent to avoid and minimize impacts to critical areas in the following order. When an alteration to a critical area is proposed, such alteration shall be avoided, minimized, or compensated for in the following sequential order of preference:

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, such as project redesign, relocation, or timing, to avoid or reduce impacts;

C. Rectifying the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, and habitat conservation areas by repairing, rehabilitating, or restoring the affected environment to the conditions existing at the time of the initiation of the project;

D. Compensating for the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, and habitat conservation areas by replacing, enhancing, or providing substitute resources or environments; and

E. Mitigation for individual actions may include a combination of the above measures. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.312 Mitigation plan requirements.

When mitigation is required, the applicant shall submit for approval by the city, a mitigation plan as part of the critical area report. The mitigation plan shall include:

A. Environmental Goals and Objectives. The mitigation plan shall include a written report identifying environmental goals and objectives of the compensation proposed and including:

1. A description of the anticipated impacts to the critical areas and the mitigating actions proposed and the purposes of the compensation measures, including the site selection criteria; identification of compensation goals; identification of resource functions; and dates for beginning and completion of site compensation construction activities. The goals and objectives shall be related to the functions and values of the impacted critical area;

2. A description of the report author’s experience to date in restoring or creating the type of critical area proposed;

3. A review of the best available science supporting the proposed mitigation; and

4. An analysis of the likelihood of success of the compensation project.

B. Performance Standards. The mitigation plan shall include measurable specific criteria for evaluating whether or not the goals and objectives of the mitigation project have been successfully attained and whether or not the requirements of this chapter have been met.

C. Detailed Construction Plans. The mitigation plan shall include written specifications and descriptions of the mitigation proposed, such as:

1. The proposed construction sequence, timing, and duration;

2. Grading and excavation details;

3. Erosion and sediment control features;

4. A planting plan specifying plant species, quantities, locations, size, spacing, and density; and

5. Measures to protect and maintain plants until established.

D. These written specifications shall be accompanied by detailed site diagrams, scaled cross-sectional drawings and topographic maps showing slope percentage and final grade elevations, and any other drawings appropriate to show construction techniques or anticipated final outcome.

E. Monitoring Program. The mitigation plan shall include a program for monitoring construction of the compensation project and for assessing a completed project. A protocol shall be included outlining the schedule for site monitoring (for example, monitoring shall occur in years one, three, five, and seven after site construction), and how the monitoring data will be evaluated to determine if the performance standards are being met. A monitoring report shall be submitted as needed to document milestones, successes, problems, and contingency actions of the compensation project. (Ord. 1255 §2, 2011: Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.313 Alteration and mitigation--Determination.

The administrative official shall make a determination as to whether the proposed activity and mitigation, if any, is consistent with the provisions of this chapter. The administrative official’s determination shall be based on the criteria of Section 18.05.314, Alteration and mitigation--Review requirements. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.314 Alteration and mitigation--Review requirements.

A. The city may approve a project application and attach such conditions necessary to mitigate impacts to critical areas in order to confirm to the standards required by this chapter.

B. The review of any alteration to a critical area, unless otherwise provided for in this chapter, shall be based on the following criteria:

1. The proposal minimizes the impact on critical areas in accordance with Section 18.05.311, Mitigation sequencing;

2. The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site;

3. The proposal is consistent with the general purposes of this chapter and the public interest;

4. Any alterations permitted to the critical area are mitigated in accordance with Section 18.05.310, Mitigation requirements;

5. The proposal protects the critical area functions and values consistent with the best available science and results in no net loss of critical area functions and values; and

6. The proposal is consistent with other applicable regulations and standards. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.315 Critical area report and mitigation--Report acceptance.

If the administrative official determines that the report together with proposed mitigation meets the criteria in Section 18.05.314, Alteration and mitigation--Review requirements, and complies with the applicable provisions of this chapter, the administrative official shall prepare a written notice of determination and identify any required conditions of approval. Any conditions of approval included in a notice of determination shall be attached to the underlying permit or approval. Any subsequent changes to the conditions of approval shall void the previous determination pending re-review of the proposal and conditions of approval by the administrative official. A favorable determination should not be construed as endorsement or approval of any underlying permit or approval. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.316 Critical area report and mitigation--Report rejection.

If the administrative official determines that the report and/or proposed mitigation does not adequately mitigate its impacts of the proposed project in accordance with the criteria set forth in Section 18.05.314, Alteration and mitigation--Review requirements, and the provisions of this chapter, the administrative official shall prepare written notice of the determination that includes findings of noncompliance. No proposed activity or permit shall be approved or issued if it is determined that the proposed activity does not adequately mitigate its impacts on the critical areas and/or does not comply with the provisions of this chapter.

Following notice of determination that the proposed activity does not meet the review criteria and/or does not comply with the applicable provisions of this chapter, the applicant may request consideration of a revised critical area report. If the revision is found to be substantial and relevant to the critical area review, the administrative official may reopen the critical area review and make a new determination based on the revised report. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.317 Completion of the critical areas review.

The city’s determination regarding critical areas pursuant to this chapter shall be final concurrent with the final decision to approve, condition, or deny the development proposal or other activity involved. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.318 Appeals.

Any decision to approve, condition, or deny a development proposal or other activity based on the requirements of this chapter may be appealed according to, and as part of, the appeal procedure for the permit or approval involved. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.319 Variances.

A. Variances from the standards of this chapter may be authorized by the city in accordance with the procedures set forth in Chapter 17.21, Variances, and this chapter. The decision to approve, approve with conditions or deny the request shall be based on written findings that the request meets or fails to meet the variance criteria.

B. When a literal interpretation of the provisions of this chapter would deprive the applicant of all reasonable economic uses and privileges permitted to other properties in the vicinity and zone of the subject property under the terms of this chapter, the applicant may apply for a reasonable use exception according to the provisions of Section 18.05.304.

C. Variance Criteria. A variance may be granted only if the applicant demonstrates that the requested action conforms to all of the criteria set forth as follows:

1. Special conditions and circumstances exist that are peculiar to the land, the lot, or something inherent in the land, and that are not applicable to other lands in the same district;

2. The special conditions and circumstances do not result from the actions of the applicant;

3. Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings under similar circumstances;

4. The granting of the variance is consistent with the general purpose and intent of this chapter, and will not further degrade the functions or values of the associated critical areas or otherwise be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the subject property;

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

6. The granting of the variance is consistent with the general purpose and intent of the city’s comprehensive plan and adopted development regulations.

D. Conditions May Be Required. In granting any variance, the city may prescribe such conditions and safeguards as are necessary to secure adequate protection of critical areas from adverse impacts, and to ensure conformity with this chapter.

E. Time Limit. The city shall prescribe a time limit within which the action for which the variance is required shall begin, be completed, or both. Failure to begin or complete such action within the established time limit shall void the variance.

F. Burden of Proof. The burden of proof shall be on the applicant to bring forth evidence in support of the application and upon which any decision is to be made on the application.

G. Administrative Official’s Determination. A determination regarding the apparent absence of one or more critical areas by the administrative official is not an expert certification regarding the presence of critical areas and the determination is subject to possible reconsideration and reopening if new information is received. If the applicant wants greater assurance of the accuracy of the critical area review determination, the applicant may choose to hire a qualified professional to provide such assurances. Regardless, review and final decision of a variance are subject to Chapter 17.21, Variances. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.320 General critical areas protective measures.

The standards below apply to all permits and reviews performed under this chapter.

A. Financial guarantees to ensure mitigation, maintenance, and monitoring.

1. When required mitigation pursuant to a development proposal is not completed prior to the city of Wapato’s final permit approval, the administrative official, or designee, may require the applicant to post a financial guarantee to ensure that the work will be completed.

2. If a development proposal is subject to compensatory mitigation, the applicant must post a financial guarantee to ensure mitigation is fully functional.

3. All financial guarantees shall be in the amount of one hundred twenty-five percent of the estimated cost of the uncompleted actions and/or the estimated cost of restoring the functions and values of the critical area that are at risk.

4. The financial guarantee may be in the form of a surety bond, performance bond, assignment of savings account, irrevocable letter of credit guaranteed by an acceptable financial institution, or other form acceptable to the administrative official or designee, with terms and conditions acceptable to the city of Wapato attorney.

5. The financial guarantee shall remain in effect until the administrative official or designee determines that the standards bonded for have been met. Financial guarantees for wetland or stream compensatory mitigation shall be held for a minimum of five years after completion of the work to ensure that the required mitigation has been fully implemented and demonstrated to function.

6. If public funds have previously been committed for mitigation, maintenance, monitoring, or restoration a financial guarantee will not be required.

7. Failure to satisfy critical area requirements shall constitute a default, and the administrative official and his or her designee may demand payment of any financial guarantee.

8. Any funds recovered pursuant to this section shall be used to complete the required mitigation. Such funds shall be deposited in a separate account. The city of Wapato will use such funds to arrange for completion of the project or mitigation, and follow-up corrective actions.

9. Depletion, failure, or collection of financial guarantees shall not discharge the obligation of an applicant or violator to complete required mitigation, maintenance, monitoring, or restoration.

B. Subdivision Standards. The following standards apply to all permits or reviews under Title 16, Subdivisions, that contain critical areas:

1. Critical areas shall be actively protected through the following:

a. Floodplains and critical areas shall be depicted on preliminary subdivision plats and relevant information about them disclosed on the final plat;

b. Roads and utilities for the subdivision shall avoid critical areas and their buffers, as much as possible. The intent is to eliminate multiple crossings of critical areas, and avoid creation of parcels that would require a reduced critical area buffer for their use, early in the design of the subdivision;

c. New lots partially within the floodplain shall provide a usable building envelope (five thousand square feet or more for residential uses) outside the floodplain;

d. New lots entirely within the floodplain shall be at least one acre in area;

e. For new lots containing streams, wetlands, and/or vegetative buffers, outdoor use envelopes shall be provided on the plat that lies outside said critical areas;

f. Degraded vegetative buffers shall be restored, or provided with protection measures that will allow them to recover. (Ord. 1247 §1 (Exh. A)(part), 2011)

PART FOUR. DEVELOPMENT STANDARDS AND PROVISIONS: FLOOD HAZARD AREAS

Flood Hazard Areas--General Provisions

18.05.400 Flood hazard areas established.

The special flood hazard areas identified by the Federal Emergency Management Agency (FEMA), accompanying flood insurance rate maps (FIRMs), flood boundary, and floodway maps, and any amendments thereto made by the Federal Emergency Management Agency, are adopted by reference and declared to be part of Part Four of the city of Wapato’s critical areas ordinance and are established as flood hazard areas. The flood insurance study and maps are on file at Wapato City Hall, Wapato, Washington. The FEMA floodways and one-hundred-year floodplain are also illustrated in the Wapato comprehensive plan. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.401 Principles.

A. Part Four recognizes the right and need of the river channel to periodically carry more than the normal flow of water and establishes regulations to minimize loss of life and property, restrict uses and regulate structures consistent with the degree of flood hazard.

B. In advancing the above principles, the intent of Part Four is:

1. To alert the county assessor, appraisers, owners, potential buyers and lessees to the natural limitations of flood-prone land;

2. To meet the minimum requirements of the National Flood Insurance Program; and

3. To implement state and federal flood protection programs. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.402 Applicability.

The guidelines and regulations set forth herein, Chapter 15.52, Flood Damage Prevention, and related building codes shall apply to all special flood hazard areas.

A. The provisions of Part Four of this chapter shall apply to any development proposed in a special flood hazard area.

B. Flood hazard permits shall be approved by the city of Wapato. Approval shall only be granted in accordance with Part Four of this chapter and other applicable local, state, and federal regulations.

C. Topographic, engineering and construction information necessary to evaluate the proposed project shall be submitted to the department for approval.

D. The granting of a permit for any development or use does not constitute a representation, guarantee or warranty of any kind or nature by the city of Wapato, or its employees, of the practicality or safety of any structure or proposed use, and shall not create liability upon or cause action against the above mentioned body, or employee, for any damage that may result. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.403 Classification of flood hazard areas.

The flood areas in the city are classified as either one of two types: floodway, as defined in Section 18.05.251; or floodway fringe, as defined in Section 18.05.252. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.404 Existing regulations pertaining to flood hazard areas.

Chapter 15.52, Flood Damage Prevention, regulates proposed activities within frequently flooded areas. If allowed, any structures permitted in the designated flood areas are subject to floodproofing regulations of this chapter. The existing regulations were adopted after careful study and fulfill the requirements of the Growth Management Act and FEMA for protection of frequently flooded areas. (Ord. 1247 §1 (Exh. A)(part), 2011)

PART FIVE. FISH AND WILDLIFE HABITAT AND THE STREAM CORRIDOR SYSTEM

Introduction

18.05.500 Purpose and intent.

The stream corridor system includes hydrologically related critical areas, streams, lakes, ponds, and wetlands and is part of a fragile and highly complex relationship of geology, soils, water, vegetation and wildlife. Policies and standards to help conserve and protect are designed to accomplish the following:

A. Meet the requirements of the Growth Management Act (RCW 36.70A.172) regarding best available science;

B. Follow the requirements pursuant to the flood-resistant construction in the adopted building code;

C. Provide a zero net loss of natural wetland functions and values;

D. Provide possible alternatives for necessary development, construction, and uses within a designated stream corridor and other hydrologically related critical areas;

E. Prevent decline in the quantity and quality of surface and subsurface waters;

F. Conserve, restore, and protect fish and wildlife habitats, vegetation, and ecological relationships;

G. Protect sensitive areas of the stream corridor from the potential negative effects of development;

H. Through voluntary agreements or government incentives, provide protection of natural wetland functions and values;

I. Recognize wildlife areas conservation habitats within their natural geographic location through coordinated land use planning. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.501 Protection approach.

A. To maintain fish and wildlife habitat there must be adequate environmental conditions for reproduction, foraging, resting, cover, and dispersal of animals. Factors affecting both habitat and its quality include the presence of essential resources such as food, water, nest building materials, and lack of diseases.

B. The city of Wapato’s approach to protecting threatened, endangered, and sensitive species habitat is by using the protection approach sections of this chapter. (Ord. 1247 §1 (Exh. A)(part), 2011)

Designation and Mapping

18.05.502 Hydrologically related critical area features.

Stream corridors and other hydrologically related critical areas include one or more of the following features:

A. Any floodway or floodplain identified as a special flood hazard area identified by the Federal Emergency Management Agency (FEMA) as identified in the flood insurance study or corresponding maps is hereby adopted by reference and declared to be part of this chapter;

B. Perennial and intermittent streams, excluding ephemeral streams, including the stream main channel and all secondary channels within the ordinary high water mark;

C. Naturally occurring ponds under twenty acres and associated submerged aquatic beds; and manmade lakes and ponds created within a stream channel;

D. All wetlands as defined in Section 18.05.297;

E. Any flood-prone area indicated by U.S. Soil Conservation Service soil survey data; and

F. A buffer area for a stream channel, lake, or pond or from the edge of a wetland. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.503 Species and habitats of local importance.

Species and habitats of local importance are habitats or species that due to their declining population, sensitivity to habitat manipulation or other values make them important on a local level. Habitats of local importance may include a seasonal range or habitat element with which a given species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term.

A. Species and habitats of local importance may be identified for protection under this chapter. State or local agencies, individuals or organizations may identify and nominate for consideration specific species and habitats, or a general habitat type, including streams, ponds or other features. Proponents shall have the burden of presenting evidence concerning the criteria set forth below. The nomination shall be processed once a year through the annual comprehensive plan amendment cycle.

1. The decision for changes to species and habitats of local importance shall consider:

a. Concern due to population status;

b. Sensitivity to habitat manipulation;

c. Importance to the local community; and

d. Criteria used to identify state priority species, which includes:

i. State candidate species that are defined by WDFW Policy M-6001 to include fish and wildlife species that WDFW will review for possible listing as state endangered, threatened, or sensitive;

ii. Vulnerable aggregations, which include those species or groups of animals susceptible to significant population declines, within a specific area, by virtue of their inclination to aggregate;

iii. Species of recreational, commercial, and/or tribal importance that are vulnerable; and

2. Nominated habitats, and habitats for species of local importance, shall consider the following, and must include maps to illustrate the proposal:

a. A seasonal range or habitat element which, if altered, may reduce the likelihood that the species will maintain or reproduce over the long term;

b. Areas of high relative density or species richness, breeding habitat, winter range, and movement corridors;

c. Habitat with limited availability or high vulnerability to alteration; and

d. Whether these habitats are already identified and protected under the provisions of this or other local ordinances or state or federal law;

3. Habitat management recommendations shall be included for use in the administration of this section.

B. Development Standards. Projects located within a habitat of local importance, as designated in subsection A of this section, shall meet the standards below, rather than the development standards in Sections 18.05.508 through 18.05.521, unless review is also needed for a hydrologically related critical area.

C. Projects shall be designated using management recommendations established for the species or habitat by federal and state agencies, or those adopted for species and habitats of local importance by the city of Wapato. The department shall consider the extent such recommendations are used in its decision on the proposal, and may consider recommendations and advice from agencies with expertise. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.504 Functional properties.

A. Streams, lakes, ponds and wetlands require a sufficient riparian area to support one or more of the following functional properties:

1. Stream bank and shore stabilization;

2. Providing a sufficient shade canopy to maintain water temperatures that support fish and their habitat;

3. Moderating the impact of stormwater runoff;

4. Filtering solids, nutrients and harmful substances;

5. Surface erosion prevention;

6. Providing and maintaining migratory corridors for wildlife;

7. Supporting a diversity of wildlife habitat;

8. Allowing for the natural occurrence of woody debris and organic matter to collect in the aquatic environment.

B. Stream channels assist in one or more of the following functional properties:

1. Groundwater recharge and/or discharge;

2. Water transport;

3. Sediment transport and/or storage;

4. Biochemical functions;

5. Channel migration and the protection of habitats; and/or

6. Food and habitat.

C. Lakes, ponds and wetlands generally provide similar functions and generally provide one or more of the following functional properties:

1. Biogeochemical functions that improve water quality;

2. Hydrologic functions maintaining the water regime in a watershed (flood flow attenuation, decreasing erosion, and groundwater recharge); and/or

3. Food and habitat.

D. Floodplains generally provide one or more of the following functional properties:

1. Floodwater storage;

2. Floodwater passage and the movement of high velocity waters;

3. Sediment storage and recruitment;

4. Food and habitat;

5. Nutrient sink and/or source; and/or

6. Groundwater recharge and discharge.

E. Habitat for wildlife consists of the arrangement of food, water, cover, and space. Wildlife habitat generally includes one or more of the following functional properties:

1. Reproduction and/or nesting;

2. Resting and refuge;

3. Foraging for food; and/or

4. Dispersal and migration.

F. Some functions require larger areas, which may not be achievable due to existing development and construction constraints, especially in urban areas. In these instances, adjustments to the minimum standards to accommodate such constraints may be necessary. Where adjustments may be necessary, reductions of standards should be offset by enhancement, restoration, or preservation measures which replace the lost functions or values or strengthen other functional values if replacement is not possible. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.505 Stream typing system.

Mapping completed as part of the city of Wapato potential critical areas inventory (Section 18.05.170) identified Type 3 and Type 4 streams within the city of Wapato and/or its urban growth area. For purposes of this chapter, the city of Wapato hereby adopts a stream typing system, as follows:

A. Type 1 streams, lakes and ponds are those waters, within their ordinary high water mark (OHWM), meeting the criteria as "shorelines of the state" and "shorelines of statewide significance" under Chapter 90.58 RCW, but not including those waters’ associated wetlands as defined in Chapter 90.58 RCW. The current list of shoreline waters, along with their specific shoreline environments, is provided in Appendices B and C of the shoreline master program. Type 1 streams and lakes are protected by the shoreline master program, rather than the CAO;

B. Type 2 streams, lakes and ponds are those surface water features which require protection due to the nature of their contributions to the functional properties listed in Section 18.05.504, and are considered "streams, lakes and/or ponds of local importance." Habitats of local importance are designated using the process listed in Section 18.05.503 (Species and Habitats of Local Importance);

C. Type 3 streams include all perennial streams within Yakima County not classified as Type 1 or 2;

D. Type 4 streams are all intermittent streams within Yakima County not classified as Type 1, 2 or 3. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.506 Wetland rating system.

Wetlands within the city of Wapato are defined in Section 18.05.297 and are shown on the data maps referenced in Section 18.05.507, Maps. The functional properties for wetlands are identified in Section 18.05.504, Functional properties, and wetland functions and rating are identified in Section 18.05.603, Wetland functions and rating. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.507 Maps.

Maps do not officially define the extent or characteristics of specific critical areas, rather the potential physical boundaries and characteristics. Maps may be both regulatory and nonregulatory in nature as described below:

A. Regulatory maps include the following:

1. Any floodway or floodplain identified as a special flood hazard area by the Federal Emergency Management Agency (FEMA) as identified in the flood insurance studies and flood insurance rate maps.

B. Informational maps indicate the approximate presence, location and/or typing of the potential critical area. Informational maps include, but are not limited to, the following:

1. Wetlands and streams, including those maps contained within the city of Wapato comprehensive plan--natural systems element;

2. Channel migration zone;

3. Species and habitats of local importance. This map will be generated in the event that the city of Wapato formally adopts a species or habitat of local importance.

C. Other nonregulatory information sources include maps or other data sources, but are not limited to:

1. Comprehensive flood hazard management plans;

2. Soil survey of the city of Wapato;

3. Surface geologic maps;

4. Historic and current aerial photo series; and

5. Geohydraulic studies--geologic cross-sections showing aquifers and confining units. (Ord. 1255 §3, 2011: Ord. 1247 §1 (Exh. A)(part), 2011)

General Development Standards

18.05.508 Prohibited uses.

The following uses and activities are prohibited within a designated hydrologically related critical area:

A. Storage, handling, and disposal of material or substances that are dangerous or hazardous with respect to water quality and life safety;

B. The placement of mining tailings, spoilage, and mining waste materials, except for that associated with the mining of gravel;

C. The draining or filling of a wetland, lake or pond, except as provided for in Section 18.05.519;

D. The removal and transport of material for fill outside of the stream corridor;

E. Site runoff storage ponds, holding tanks and ponds, and other similar waste disposal facilities; not to include regional wastewater plant facilities, collection pipes or septic systems approved by a local or state agency, and other related facilities;

F. Solid waste disposal sites;

G. Automobile wrecking yards;

H. Fill for the sole purpose of increasing land area within the stream corridor;

I. Uses located within the floodway fringe that are listed in Chapter 15.52, Flood Damage Prevention; and

J. Uses located within the floodway that are listed in Chapter 15.52, Flood Damage Prevention. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.509 General policies and standards.

The following policies and standards shall apply to any development, construction, or use carried out within a designated hydrologically related critical area:

A. The ordinary high water mark of a stream or lake, and the edge of a wetland shall be marked on the ground before any development, construction, or use is initiated.

B. Existing vegetation and any vegetative species pertinent to the critical area identified on the project site within the stream corridor shall only be disturbed to the minimum extent possible.

C. Nesting areas and other sensitive habitat identified within a stream corridor shall be disturbed to the minimum extent possible.

D. Projects within the stream corridor shall be scheduled to occur at times and during seasons having the least impact to spawning, nesting, or other sensitive wildlife activities. Scheduling recommendations from the appropriate state and/or federal agency may be considered.

E. Developments that obtain a stormwater permit approved by a local, state or federal agency and transportation projects using the eastern Washington stormwater manual are exempt from:

1. Excavation, grading, cut/fills, compaction, and other modifications, which contribute to erosion of soils, shall be confined to the minimum necessary to complete the authorized work and avoid increased sediment load.

2. The removal of ground-cover vegetation, excavation, and grading shall be scheduled for periods when soils are the least vulnerable to erosion, compaction, and movement unless suitable protective measures are used to prevent erosion.

3. Increases in impervious surface area, compaction of soil, changes in topography, and other modifications of land within a stream corridor shall provide on-site facilities for the detention, control, and filtration if potential increases have been identified to occur.

4. The discharge point for controlled stormwater runoff shall be designed and constructed to avoid erosion.

5. Matting or approved temporary ground cover shall be used to control erosion until natural vegetative ground cover is successfully established.

F. Development, construction, and uses shall not directly or indirectly degrade surface water and groundwater through the introduction of nutrients, fecal coliform, toxins, and other biochemical substances.

G. Prior to the approval of development, construction, or uses within a designated stream corridor, any existing source of biochemical or thermal degradation identified as originating on the project property shall be corrected.

H. Facilities which use fertilizers, pesticides, or herbicides shall use landscaping, low-risk products, application schedules, and other protective methodology to minimize the surface and subsurface transfer of biochemical materials into the stream corridor.

I. Modifications to natural channel gradient, channel morphology, drainage patterns, and other stream features shall not permanently alter or obstruct the natural volume or flow of surface waters.

J. Development, construction, or uses within the stream corridor shall not alter or divert flood flows, cause channel shift, erosion, and increase or accelerate the flooding of upstream or downstream flood hazard areas.

K. Structures placed in close proximity to the outer edge of bends in stream channels shall be located to minimize the hazard from stream undercutting and stream bank erosion stemming from potential future stream migration.

L. The Department of Ecology and adjacent communities shall be notified prior to any alteration or relocation of a watercourse and evidence of such notification shall be submitted to the Federal Emergency Management Agency.

M. Maintenance shall be provided for the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.

N. Development, construction, or uses within the hydrologically related critical area shall be mitigated using mitigation sequencing as outlined in Section 18.05.311, Mitigation sequencing.

O. Development shall not obstruct, cut off, or isolate stream corridor features.

P. Nothing in these regulations shall constitute authority of any person to trespass or in any way infringe upon the rights of private ownership.

Q. If archaeological resources are uncovered during excavation, developers and property owners shall immediately stop work and notify the city of Wapato, the Washington State Office of Archaeology and Historic Preservation and any affected Indian nation. Archaeological sites are subject to Chapter 27.44 RCW, Indian Graves and Records, and Chapter 27.53 RCW, Archaeological Sites and Records. Development or uses that may impact such sites shall comply with Chapter 25-48 WAC, Archaeological Excavation and Removal Permit.

R. Projects located within the floodway must meet the requirements of Part Four, Development Standards and Provisions: Flood Hazard Areas, and all standards of state, local and federal laws and regulations.

S. Any portion of the vegetative buffer temporarily damaged or disturbed as a result of construction activities (excluding approved permanent use areas) shall be repaired at the completion of construction using the reclamation found in Section 18.05.521, Reclamation. (Ord. 1247 §1 (Exh. A)(part), 2011)

Water Dependency Development Standards and Buffer Requirements

18.05.510 Use classifications.

For purposes of this section, the components of any development, construction, or use requiring a critical area development authorization shall be classified as provided below, and shall conform with the development standards applicable to the classification provided in Sections 18.05.511 through 18.05.513:

A. Water-oriented uses are one of the following two categories of uses:

1. Water-dependent uses, such as dams, water diversion facilities, water intakes and outfalls, stream and wetland crossings for roads and railroads, stream and wetland crossings for utilities, fishing sites, in-water or on-land shore stabilization structures, livestock watering sites, and other uses that cannot exist in any other location and are dependent on the water by reason of the intrinsic nature of their operations. This provision applies only to the specific portion of a project that is demonstrably dependent upon the water or shore.

2. A water-related use is one not intrinsically dependent on a waterfront location but whose economic viability is enhanced by a waterfront location either because it requires large quantities of water, or because it provides services for water-dependent uses and the proximity to its customers makes such services less expensive and/or more convenient. Examples would include thermal power plants, sewage treatment plants, and water processing and treatment plants.

B. Non-water-oriented uses include any use not qualifying as uses in subsection A of this section. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.511 Water-dependent uses.

The following provisions shall apply to water-dependent uses:

A. Structures shall be clustered at locations on the water’s edge having the least impact to the surface water and shore.

B. Use areas and structures which require direct shore locations shall be located and constructed to minimize impacts to the shore area and the vegetative buffer specified in Section 18.05.514, Vegetative buffers.

C. Use areas and structures requiring direct shore locations shall minimize any obstruction or impairment of normal public navigation of the surface water. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.512 Water-related uses.

The following provisions shall apply to the water-related uses:

A. Structures and use areas shall be located as far landward from the ordinary high water mark or wetland edge as is possible and still preserve the essential or necessary relationship with the surface water.

B. Structures and use areas shall not be located within the vegetative buffer specified in Section 18.05.514, Vegetative buffers, except where existing development or the requirements associated with the use make such a location unavoidable. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.513 Non-water-oriented uses.

The following provisions shall apply to non-water-oriented uses:

A. Structures and use areas shall be set back so as not to be located within the vegetative buffer specified in Section 18.05.514, Vegetative buffers.

B. Construction abutting the vegetative buffer specified in Section 18.05.514, Vegetative buffers, shall be designed and scheduled to ensure there will not be permanent damage or loss of the vegetative buffer. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.514 Vegetative buffers.

The establishment of a vegetative buffer system is necessary to protect the functions and values of certain hydrologically related critical areas. Standard and minimum buffers for streams, lakes, ponds, and wetlands are listed in Tables 5-1 and 5-2.

A. Vegetative buffers shall be measured from the ordinary high water mark for streams, lakes and ponds, and from the edge of the wetlands. The width of the buffer shall be determined according to the stream or wetland type.

B. Buffer width may be reduced through the variance process (Chapter 17.21). However, the administrative official may deny reductions to the standard buffer widths for wetlands that score medium (20 to 28 points) or high (29 to 36 points) for wetland habitat function as determined by the Washington State Wetland Rating System for Eastern Washington, except where it can be shown that a particular wildlife species’ needs within the buffer can be met with a smaller buffer.

C. The adequacy of these standard buffer widths presumes the existence of a relatively intact native vegetative community within the buffer zone that is deemed adequate to protect the identified critical area.

1. If the vegetation is degraded, then revegetation may be considered with any adjustment to the buffer width.

2. Where the use is being intensified, a degraded buffer may be revegetated to maintain the standard width.

Table 5-1
Stream Type	Buffer Width Standard
Type 3 streams (perennial), lakes and ponds	61'
Type 4 streams (intermittent), lakes and ponds	46'

Table 5-2
Category 2 Wetlands	Category 3 Wetlands	Category 4 Wetlands
150'	100'	50'

(Ord. 1247 §1 (Exh. A)(part), 2011)

Land Modification Development Standards

18.05.515 Roads, railroads, and parking.

The following provisions shall apply to the location and construction of roads, railroads, and parking within a designated hydrologically related critical area:

A. Roads and railroads shall not be located within a designated stream corridor except where it is necessary to cross the corridor or where existing development, topography, and other conditions preclude locations outside the stream corridor.

1. Construction of roadways across stream corridors shall be by the most direct route possible having the least impact to the stream corridor;

2. Roadways that must run parallel to streams or wetlands shall be along routes having the greatest possible distance from stream or wetland and the least impact;

3. Roadways within the stream corridor shall not hydrologically obstruct, cut off or isolate stream corridor features, unless it is clearly unavoidable.

B. Material excavated from the roadway area to achieve the design grade shall be used as fill where necessary to maintain grade or shall be transported outside the stream corridor.

C. Necessary fill to elevate roadways shall not impede the normal flow of floodwaters or cause displacement that would increase the elevation of floodwaters such that it would cause properties not in the floodplain to be flood-prone.

D. Spoil, construction waste, and other debris shall not be used as road fill or buried within the stream corridor.

E. Bridges and water-crossing structures shall not constrict the stream channel or impede the flow of ordinary high water, sediment, and woody debris.

F. The preservation of natural stream channels and drainage ways shall be preferred over the use of culverts. Where culverts are the preferred method, large, natural bottom culverts, multi-plate pipes, and bottomless arches are preferred.

G. The alignment and slope of culverts shall parallel and match the natural flow of streams or drainage ways and shall be sized to accommodate the volume, flow and velocity of ordinary high water and shall terminate on stable, erosion-resistant materials.

H. Where fish are present, culverts shall be designed and constructed to specifications provided through the Department of Fish and Wildlife.

I. At least one end of a wood stringer bridge shall be anchored to prevent the bridge from being washed away during a high water event.

J. Roads must be designed and constructed using established flood resistant design and construction methods when the road is possibly subject to floodwater damage.

K. Roads and bridges within floodways must meet the requirements of Chapter 15.52, Flood Damage Prevention, Title 17, Zoning, and all other applicable state, local and federal regulations. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.516 Utility transmission lines and facilities.

The following provisions shall apply to the location, construction, and installation of utility transmission lines (such as those for wastewater, water, communication, natural gas) within a designated hydrologically related critical area:

A. Utility transmission lines shall be permitted within the stream corridor only where it is necessary to cross the corridor or where development, topography, and other conditions preclude locations outside the stream corridor.

1. Utility transmission lines across stream corridors shall be by the most direct route possible having the least impact to the stream corridor.

2. The construction of utility transmission lines within a stream corridor shall be designed and located to provide a minimum disruption to the functional properties.

B. Utility lines under streams and wetlands shall be placed in a sleeve casing to allow easy replacement or repair with minimal disturbance to the stream corridor.

C. Buried utility transmission lines crossing a stream corridor shall be buried a minimum of four feet below the maximum scour or one-third of the bankfull depth of the waterway, whichever is greater, and for a similar depth below any associated floodway and floodplain to the maximum extent or potential channel migration as determined by hydrologic analysis.

D. Wherever possible, new aboveground installations shall use existing bridges or pole facilities.

E. Aboveground electrical support towers and other similar transmission structures shall be located as far upland as is reasonably practical.

F. Transmission support structures shall be located clear of high flood velocities and located in areas of minimum flood depth, which require the least amount of floodproofing.

1. Underground utility transmission lines shall be constructed so they do not alter, intercept, or dewater groundwater patterns that support streams, wetlands, and hyporheic flow.

2. All new and replacement water supply systems and wastewater systems within a special flood hazard area must meet the requirements of all state, local and federal laws and regulations.

3. Utility transmission lines within the floodway fringe shall meet the standards of state, local and federal laws and regulations.

4. Utility transmission lines within the floodway shall meet the standards of state, local and federal laws and regulations. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.517 Shore stabilization.

The following provisions shall apply to shore stabilization projects:

A. Shore stabilization projects shall be allowed only where there is evidence of erosion which clearly threatens existing property, structures, or facilities, and which stabilization will not jeopardize other upstream or downstream properties.

B. Stabilization projects shall be developed under the supervision of, or in consultation with, agencies or professionals with appropriate expertise.

C. Stabilization projects shall be confined to the minimum protective measures necessary to protect the threatened property.

D. The use of fill to restore lost land may accompany stabilization work, provided the resultant shore does not extend beyond the new ordinary high water mark, finished grades are consistent with abutting properties, a restoration plan is approved for the area, and the fill material is in compliance with Section 18.05.519, Filling.

E. Stabilization projects shall use design, material, and construction alternatives that do not require high or continuous maintenance, and which prevent or minimize the need for subsequent stabilization of the shore’s other segments.

F. Alternative Preferences. Vegetation, berms, bioengineering techniques, and other nonstructural alternatives which preserve the natural character of the shore shall be preferred over concrete revetments, bulkheads, breakwaters, and other structural stabilization. Rock or other natural materials shall be preferred over concrete revetments, bulkheads, breakwaters and other structural stabilization.

G. Applications to construct or enlarge dikes shall meet the requirements of all state, local and federal laws and regulations.

H. Revetments and bulkheads shall be no higher than necessary to protect and stabilize the shore.

I. Breakwaters shall be constructed of floating or open-pile designs rather than fill, riprap, or other solid construction methods.

J. All new flood control projects shall define maintenance responsibilities and a funding source for operations, maintenance, and repairs for the life of the project. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.518 Dredging and excavation.

The following provisions shall apply to dredging and excavation within a designated hydrologically related critical area:

A. Dredging in surface waters shall be allowed only where necessary:

1. Because of existing navigation needs;

2. Habitat improvement;

3. Maintenance; and

4. Construction of water-dependent uses.

B. Dredging and excavation shall be confined to the minimum area necessary to accomplish the intended purpose or use.

C. Hydraulic dredging or other techniques that minimize the dispersal and broadcast of bottom materials shall be preferred over agitation forms of dredging.

D. Curtains and other appropriate mechanisms shall be used to minimize widespread dispersal of sediments and other dredge materials.

E. Entries across shore and wetland edges to accomplish dredging or excavation shall be confined to the minimum area necessary to gain entry and shall be confined to locations with the least potential for site disturbance and damage.

F. Dredging and excavation shall be scheduled at times having the least impact to fish during spawning, nesting, and other identified natural processes.

G. Dredge spoils are also considered fill, and shall not be deposited within the stream except where such deposit is in accordance with approved procedures intended to preserve or enhance wildlife habitat, natural drainage, or other naturally occurring conditions. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.519 Filling.

The following provisions shall apply to filling activities within a designated hydrologically related critical area:

A. Fill within surface waters or wetlands shall be allowed only where necessary in conjunction with water-dependent uses, or an approved reclamation plan under Section 18.05.521, Reclamation, or approved compensatory mitigation plan under Section 18.05.604, Compensatory mitigation requirements.

1. Fill for the purpose of increasing elevation may be permitted if it can be accomplished in a manner consistent with this chapter’s policies.

2. Fill shall be the minimum necessary to accomplish the use or purpose and shall be confined to areas having the least impact to the stream corridor. Other alternatives should be preferred over fill to elevate new homes in the floodplain, such as increasing foundation height or zero-rise methods such as piers, posts, columns, or other methods.

3. Fill in floodplains shall meet the requirements of Part Four, Development Standards and Provisions: Flood Hazard Areas.

4. Unless site characteristics dictate otherwise, fill material within surface waters or wetlands shall be sand, gravel, rock, or other clean material, with a minimum potential to degrade water quality.

5. Fill placement shall be scheduled at times having the least impact to fish during spawning, nesting, and other identified natural processes.

6. Fill and finished surface material shall require low maintenance, provide high resistance to erosion, and prevent or control the migration of sediments and other material from the fill area to surrounding water, shore, and wetlands, unless the Washington Department of Fish and Wildlife indicates other options are preferred.

B. Projects that propose fill shall make every effort to acquire fill on site (compensatory storage) where appropriate.

C. Fill should not obstruct, cut off, or isolate stream corridor features. (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.520 Commercial mining of gravels.

The following provisions shall apply to the commercial mining of gravels within a designated hydrologically related critical area:

A. Prior to the authorization of commercial gravel mining operation, the project proponent shall provide maps to scale which illustrate the following:

1. The extent to which gravel excavation and processing will affect or modify existing stream corridor features, including existing riparian vegetation.

2. The location, extent and size in acreage of any pond, lake, or feature that will be created as a result of mining excavation.

3. The description, location, and extent of any proposed subsequent use that would be different from existing uses.

4. Wherever feasible, the operations and any subsequent use or uses shall not cause permanent impairment or loss of floodwater storage, wetland, or other stream corridor features. Mitigation shall provide for the feature’s replacement at equal value except wetlands which shall be mitigated according to guidance in the Washington State Department of Ecology’s Wetland Mitigation in Washington State, Parts 1 and 2 (March 2006 or as updated).

5. Any surface mining allowed within the floodway shall meet the standards of all state, local and federal laws and regulations.

6. Except where authorized by the city of Wapato in consultation with the State Department of Fish and Wildlife and Department of Ecology, the following shall apply:

a. The excavation zone for the removal of gravels shall be located a minimum of one hundred feet upland from the ordinary high water mark (OHWM) of the stream channel.

b. Equipment shall not be operated, stored, refueled, or provided maintenance within one hundred feet of the OHWM.

c. Gravel washing, rock-crushing, screening, or stockpiling of gravels shall not occur within one hundred feet of the OHWM.

B. Mining proposals shall be consistent with the Washington Department of Natural Resources surface mine reclamation standards (Chapter 332-18 WAC, Chapter 78.44 RCW). (Ord. 1247 §1 (Exh. A)(part), 2011)

18.05.521 Reclamation.

The following guidelines shall apply to the reclamation of disturbed sites resulting from development activities with a designated hydrologically related critical area:

A. Development, construction, or uses shall include the timely restoration of disturbed features to a natural condition or to a stabilized condition, which prevents degradation.

B. Large-scale projects that extend over several months shall be phased to allow reclamation of areas where work or operations have been completed.

C. Reclamation shall be scheduled to address precipitation, meltwater runoff, growing season, and other seasonal variables that influence restoration and recovery.

D. Topography shall be finished to grades, elevations, and contours consistent with natural conditions in adjacent and surrounding areas.

E. Where existing development and construction prevent return of a site to its natural condition, sites may be finished to conditions comparable to surrounding properties provided suitable protective measures are used to prevent stream corridor degradation.

F. Cut-and-fill slopes shall be stabilized at, or at less than, the normal angle of repose for the materials involved.

G. The replacement or enhancement of vegetation within wetlands and required vegetative buffers shall use naturally occurring, native plant species.

H. In other parts of the stream, naturally occurring, native plant species shall be used, unless a showing of good cause acceptable to the administrative official or designee is provided. Should good cause be shown then self-maintaining or low-maintenance plant species compatible with the native vegetation shall be used in place of nonnative and high-maintenance species. (Ord. 1255 §1, 2011: Ord. 1247 §1 (Exh. A)(part), 2011)

PART SIX. WETLANDS

Introduction

18.05.600 Purpose and intent.

Wetlands are part of a fragile and highly complex relationship of geology, soils, water, vegetation and wildlife. Policies and standards to help conserve and protect are designed to accomplish the following: