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Title 17
ENVIRONMENTAL PROTECTIONChapters:
17.04 SEPA Guidelines
17.05 Critical Areas – General Provisions
17.07 Aquifer Recharge Areas
17.08 Traffic Congestion, Streets and Limitations on Development
17.09 Frequently Flooded Areas
17.11 Geologically Hazardous Areas
17.13 Seismic Hazard Areas
17.15 Fish and Wildlife Habitat Conservation Areas
17.17 Wetlands
17.19 Commute Trip Reduction
Chapter 17.04
SEPA GUIDELINESSections:
Article I. Adoption
17.04.010 Authority.
Article II. General Requirements
17.04.020 Purpose of this part and adoption by reference.
17.04.030 Additional definitions.
17.04.040 Designation of responsible official.
17.04.050 Lead agency determination and responsibilities.
17.04.060 Transfer of lead agency status to a state agency.
17.04.070 Additional timing considerations.
Article III. Categorical Exemptions
and Threshold Determinations17.04.080 Purpose of this part and adoption by reference.
17.04.090 Use of exemptions.
17.04.100 Environmental checklist.
17.04.110 Mitigated DNS.
Article IV. Environmental
Impact Statement (EIS)17.04.120 Purpose of this part and adoption by reference.
17.04.130 Preparation of EIS – Additional considerations.
Article V. Commenting
17.04.140 Adoption by reference.
17.04.150 Public notice.
17.04.160 Designation of official to perform consulted agency responsibilities.
Article VI. Using Existing
Environmental Documents17.04.170 Purpose of this part and adoption by reference.
Article VII. SEPA and Agency Decisions
17.04.180 Purpose of this part and adoption by reference.
17.04.190 Substantive authority.
17.04.200 Notice – Statute of limitations.
Article VIII. Definitions (Reserved)
Article IX. Categorical Exemptions
17.04.220 Adoption by reference.
Article X. Agency Compliance
17.04.230 Purpose of this part and adoption by reference.
17.04.240 Environmentally sensitive areas.
Article XI. Forms
17.04.260 Adoption by reference.
Article XII. Severability
17.04.270 Severability.
Article I. Adoption
17.04.010 Authority.
The city adopts this chapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120 and the SEPA Rules, WAC 197-11-904. This chapter contains the city’s procedures and policies under SEPA. Hereafter, the SEPA Rules, Chapter 197-11 WAC, shall be used in conjunction with this chapter. (Ord. 761 § 2, 1984).
Article II. General Requirements
17.04.020 Purpose of this part and adoption by reference.
This part contains the basic requirements that apply to the SEPA process. The city does hereby adopt the following WAC sections by reference:
WAC
197-11-020(3) Purpose.
197-11-030 Policy.
197-11-040 Definitions.
197-11-050 Lead agency.
197-11-055 Timing of SEPA process.
197-11-060 Content of environmental review.
197-11-070 Limitations on actions during SEPA process.
197-11-080 Incomplete or unavailable information.
197-11-090 Supporting documents.
197-11-100 Information required of applicants.
(Ord. 761 § 2, 1984).
17.04.030 Additional definitions.
In addition to those definitions contained within WAC 197-11-700 through 197-11-799, when used in this ordinance, the following terms have the following meanings, unless the context indicates otherwise:
A. “City” means the municipal corporation of the city of Fife and all departments or divisions thereof.
B. “City council” means the city council of the city of Fife.
C. “Department” means any division, subdivision or organizational unit of the city established by ordinance, resolution, rule or order.
D. “Early notice” means the city’s response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant’s proposal (mitigated determination of nonsignificance [DNS] procedures).
E. “Ordinance” means the ordinance, resolution or other procedure used by the city to adopt regulatory requirements.
F. “Proponent” means an agency or private applicant proposing an action subject to SEPA.
G. “SEPA rules” means Chapter 197-11 WAC adopted by the Department of Ecology as now or hereafter amended. (Ord. 761 § 3, 1984).
17.04.040 Designation of responsible official.
For those proposals for which the city is the lead agency, the responsible official shall be the community development director.
A. For all proposals for which the city is the lead agency, the responsible official shall make the threshold determination, supervise scoping and preparation of any required environmental impact statement (EIS), and perform any other functions assigned to the “lead agency” or “responsible official” by those sections of the SEPA rules that were adopted by reference in WAC 173-806-020.
B. The city shall retain all documents required by the SEPA rules (Chapter 197-11 WAC) and make them available in accordance with Chapter 42.17 RCW. (Ord. 1170 § 1, 1994; Ord. 761 § 4, 1984).
17.04.050 Lead agency determination and responsibilities.
A. The department within the city receiving an application for or initiating a proposal that involves a nonexempt action shall determine the lead agency for that proposal under WAC 197-11-050 and 197-11-922 through 197-11-940, unless the lead agency has been previously determined or the department is aware that another department or agency is in the process of determining the lead agency.
B. When the city is the lead agency for a proposal, the department receiving the application shall forward to the responsible official who shall supervise compliance with the threshold determination requirements, and if an EIS is necessary, shall supervise preparation of the EIS.
C. When the city is not the lead agency for a proposal, all departments of the city shall use and consider, as appropriate, either the DNS or the final EIS of the lead agency in making decisions on the proposal. No department shall prepare or require preparation of a DNS or EIS in addition to that prepared by the lead agency, unless required under WAC 197-11-600. In some cases, the city may conduct supplemental review under WAC 197-11-600.
D. If the city or any of its departments receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-922 through 197-11-940, it may object to the determination. Any objection must be made to that agency originally making the determination and resolved within 15 days of receipt of the determination, or the city must petition the department of ecology for a lead agency determination under WAC 197-11-946 within a 15-day period. Any such petition on behalf of the city may be initiated by the responsible official.
E. The city is authorized to make agreements as to the lead agency status or shared lead agency duties for a proposal under WAC 197-11-942 and 197-11-944; provided, that the responsible official that will incur responsibilities as the result of such agreement approve the agreement.
F. When the city makes a lead agency determination for a private project it shall require sufficient information from the applicant to identify which other agencies have jurisdiction over the proposal (that is, which agencies require nonexempt licenses?). (Ord. 761 § 5, 1984).
17.04.060 Transfer of lead agency status to a state agency.
For any proposal for a private project where the city would be the lead agency and for which one or more state agencies have jurisdiction, the responsible official may elect to transfer the lead agency duties to a state agency. The state agency with jurisdiction appearing first on the priority listing in WAC 197-11-936 shall be the lead agency and the city shall be an agency with jurisdiction. To transfer lead agency duties, the responsible official must transmit a notice of the transfer together with any relevant information available on the proposal to the appropriate state agency with jurisdiction. The responsible official shall also give notice of the transfer to the private applicant and any other agencies with jurisdiction over the proposal. (Ord. 761 § 6, 1984).
17.04.070 Additional timing considerations.
A. For nonexempt proposals, the DNS or draft EIS for the proposal shall accompany the staff recommendation to any appropriate advisory body, such as the planning commission.
B. If the city’s only action on a proposal is a decision on a building permit or other license that requires detailed project plans and specifications, the applicant may request in writing that the city conduct environmental review prior to submission of the detailed plans and specifications. (Ord. 761 § 7, 1984).
Article III. Categorical Exemptions
and Threshold Determinations17.04.080 Purpose of this part and adoption by reference.
This part contains rules for deciding whether a proposal has a “probable significant, adverse environmental impact” requiring an environmental impact statement (EIS) to be prepared. This part also contains rules for evaluating the impacts of proposals not requiring an EIS. The city adopts the following WAC sections by reference:
WAC
197-11-300 Purpose of this part.
197-11-305 Categorical exemptions.
197-11-310 Threshold determination required.
197-11-315 Environmental checklist.
197-11-330 Threshold determination process.
197-11-335 Additional information.
197-11-340 Determination of nonsignificance (DNS).
197-11-350 Mitigated DNS.
197-11-360 Determination of significance (DS) initiation of scoping.
197-11-390 Effect of threshold determination.
(Ord. 761 § 8, 1984).
17.04.090 Use of exemptions.
A. Each department within the city that receives an application for a license or, in the case of governmental proposals, the department initiating the proposal, shall determine whether the license and/or the proposal is exempt. The department’s determination that a proposal is exempt shall be final and not subject to administrative review. If a proposal is exempt, none of the procedural requirements of this ordinance apply to the proposal. The city shall not require completion of an environmental checklist for an exempt proposal.
B. In determining whether or not a proposal is exempt, the department shall make certain the proposal is properly defined and shall identify the governmental licenses required (WAC 197-11-060). If the proposal includes exempt and nonexempt actions, the department shall determine the lead agency, even if the license application that triggers the department’s consideration is exempt.
C. If a proposal includes both exempt and nonexempt actions, the city may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that as authorized in WAC 197-11-070:
1. A department may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if nonexempt actions were not approved; and
2. A department may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if nonexempt action(s) were not approved. (Ord. 761 § 9, 1984).
17.04.100 Environmental checklist.
A. A completed environmental checklist (or a copy), in the form provided in WAC 197-11-960, shall be filed at the same time as an application for a permit, license, certificate or other approval not specifically exempted in this chapter; except, a checklist is not needed if the city and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. The city shall use the environmental checklist to determine the lead agency and, if the city is the lead agency, for determining the responsible official and for making the threshold determination.
B. For private proposals, the city will require the applicant to complete the environmental checklist, providing assistance as necessary. For city proposals, the department initiating the proposal shall complete the environmental checklist for that proposal.
C. The city may require that it, and not the private applicant, will complete all or part of the environmental checklist for a private proposal, if either of the following occurs:
1. The city has technical information on a question or questions that is unavailable to the private applicant; or
2. The applicant has provided inaccurate information on previous proposals or on proposals currently under consideration. (Ord. 761 § 10, 1984).
17.04.110 Mitigated DNS.
A. As provided in this section and in WAC 197-11-350, the responsible official may issue a DNS based on conditions attached to the proposal by the responsible official or on changes to, or clarifications of, the proposal made by the applicant.
B. An applicant may request in writing early notice of whether a DS is likely under WAC 197-11-350. The request must:
1. Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the department is lead agency; and
2. Precede the city’s actual threshold determination for the proposal.
C. The responsible official should respond to the request for early notice within 15 working days. The response shall:
1. Be written;
2. State whether the city currently considers issuance of a DS likely and, if so, indicate the general or specific area(s) of concern that is/are leading the city to consider a DS; and
3. State that the applicant may change or clarify the proposal to mitigate the indicated impacts, revising the environmental checklist and/or permit application as necessary to reflect the changes or clarifications.
D. As much as possible, the city should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.
E. When an applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the city shall base its threshold determination on the changed or clarified proposal and should make the determination within 15 days of receiving the changed or clarified proposal:
1. If the city indicated specific mitigation measures in its response to the request for early notice, and the applicant changed or clarified the proposal to include those specific mitigation measures, to remove all negative impacts, the city shall issue and circulate a DNS under WAC 197-11-340(2).
2. If the city indicated areas of concern, but did not indicate specific measures that would allow it to issue a DNS, the city shall make the threshold determination, issuing a DNS or DS as appropriate.
3. The applicant’s proposed mitigation measures (clarifications, changes or conditions) must be in writing and must be specific. For example, proposals to “control noise” or “prevent stormwater runoff” are inadequate, whereas proposals to “muffle machinery to X decibel” or “construct 200-foot stormwater retention pond at Y location” are adequate.
4. Mitigation measures which justify issuance of a mitigated DNS may be incorporated in the DNS by reference to agency staff reports, studies or other documents.
F. Mitigated DNSs under WAC 197-11-340(2) require a 15-day comment period and public notice.
G. Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the permit decision and may be enforced in the same manner as any term or condition of the permit, or enforced in any manner specifically prescribed by the city.
H. If the city’s tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated DNS for the proposal, the city should evaluate the threshold determination to assure consistency with WAC 197-11-340(3) (withdrawal of DNS).
I. The city’s written response under subsection (C) of this section shall not be construed as determination of significance. In addition, preliminary discussion of clarifications or changes to a proposal, as opposed to a written request for early notice, shall not bind the city to consider the clarifications or changes in its threshold determination. (Ord. 761 § 11, 1984).
Article IV. Environmental
Impact Statement (EIS)17.04.120 Purpose of this part and adoption by reference.
This part contains rules for preparing environmental impact statements. The city adopts the following WAC sections by reference as supplemented by this part:
WAC
197-11-400 Purpose of EIS.
197-11-402 General requirements.
197-11-405 EIS types.
197-11-406 EIS timing.
197-11-408 Scoping.
197-11-410 Expanded scoping.
197-11-420 EIS preparation.
197-11-425 Style and size.
197-11-430 Format.
197-11-435 Cover letter or memo.
197-11-440 EIS contents.
197-11-442 Contents of EIS on nonproject proposals.
197-11-443 EIS contents when prior nonproject EIS.
197-11-444 Elements of the environment.
197-11-448 Relationship of EIS to other considerations.
197-11-450 Cost-benefit analysis.
197-11-455 Issuance of DEIS.
197-11-460 Issuance of FEIS.
(Ord. 761 § 12, 1984).
17.04.130 Preparation of EIS – Additional considerations.
A. Preparation of draft and final EISs (DEIS and FEIS) and draft and final supplemental EISs (SEIS) is the responsibility of the responsible official. Before the city issues an EIS, the responsible official shall be satisfied that it complies with this ordinance and Chapter 197-11 WAC.
B. The DEIS and FEIS or draft and final SEIS shall be prepared by city staff, the applicant or by a consultant selected by the city and the applicant. If the responsible official requires an EIS for a proposal and determines that someone other than the city will prepare the EIS, the responsible official shall notify the applicant immediately after completion of the threshold determination. The responsible official shall also notify the applicant of the city’s procedure for EIS preparation, including approval of the DEIS and FEIS prior to distribution.
C. The city may require an application to provide information the city does not possess, including specific investigations. However, the applicant is not required to supply information that is not required under this ordinance, or that is being requested from another agency. (This does not apply to information the city may request under another ordinance or statute). (Ord. 761 § 13, 1984).
Article V. Commenting
17.04.140 Adoption by reference.
This part contains rules for consulting, commenting and responding on all environmental documents under SEPA, including rules for public notice and hearings. The city hereby adopts the following WAC sections by reference, as supplemented in this part:
WAC
197-11-500 Purpose of this part.
197-11-502 Inviting comment.
197-11-504 Availability and cost of environmental documents.
197-11-508 SEPA register.
197-11-535 Public hearings and meetings.
197-11-545 Effect of no comment.
197-11-550 Specificity of comments.
197-11-560 FEIS response to comments.
197-11-570 Consulted agency costs to assist lead agency.
(Ord. 761 § 14, 1984).
17.04.150 Public notice.
A. Whenever the city issues a DNS under WAC 197-11-340(2) or a DS under WAC 197-11-360(3), the city shall give public notice as follows:
1. If public notice is required for a nonexempt license, the notice shall state whether a DS or DNS has been issued and when comments are due.
2. If no public notice is required for the permit or approval, the city shall give notice of the DNS or DS by publishing notice in a newspaper of general circulation in the county, city or general area where the proposal is located.
3. Whenever the city issues a DS under WAC 197-11-360(3), the city shall state the scoping procedure for the proposal in the DS as required in WAC 197-11-408 and in the public notice.
B. Whenever the city issues a DEIS under WAC 197-11-455(5) or a SEIS under WAC 197-11-620, notice of the availability of those documents shall be given by indicating the availability of the DEIS in any public notice required for a nonexempt license; and in addition one of the following methods:
1. Posting the property, for site-specific proposals;
2. Publishing notice in a newspaper of general circulation in the county, city or general area where the proposal is located;
3. Notifying public or private groups which have express interest in a certain proposal or in the type of proposal being considered;
4. Notifying the news media;
5. Placing notices in appropriate regional, neighborhood, ethnic or trade journals; and
6. Publishing notice and agency newsletters and/or sending notice to agency mailing lists (general lists for proposals or subject areas).
C. Whenever possible, the city shall integrate the public notice required under this section with existing notice procedures for the city’s nonexempt permit(s) or approval(s) required for the proposal.
D. The city may require an applicant to complete the public notice requirements for the applicant’s proposal at his or her expense. (Ord. 772 § 1, 1984; Ord. 761 § 15, 1984).
17.04.160 Designation of official to perform consulted agency responsibilities.
A. The mayor or his designee shall be responsible for the preparation of written comments for the city in response to a consultation request prior to a threshold determination, participation in scoping and reviewing a DEIS.
B. The mayor or his designee shall be responsible for the city’s compliance with WAC 197-11-550 whenever the city is a consulted agency and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the city. (Ord. 761 § 16, 1984).
Article VI. Using Existing
Environmental Documents17.04.170 Purpose of this part and adoption by reference.
This part contains rules for using and supplementing existing environmental documents prepared under SEPA or National Environmental Policy Act (NEPA) for the city’s own environmental compliance. The city adopts the following WAC sections by reference:
WAC
197-11-600 When to use existing environmental documents.
197-11-610 Use of NEPA documents.
197-11-620 Supplemental environmental impact statement – Procedures.
197-11-625 Addenda – Procedures.
197-11-630 Adoption – Procedures.
197-11-635 Incorporation by reference – Procedures.
197-11-640 Combining documents.
(Ord. 761 § 17, 1984).
Article VII. SEPA and Agency Decisions
17.04.180 Purpose of this part and adoption by reference.
This part contains rules (and policies) for SEPA’s substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This part also contains procedures for appealing SEPA determinations to agencies or the courts. The city adopts the following WAC sections by reference:
WAC
197-11-650 Purpose of this part.
197-11-655 Implementation.
197-11-660 Substantive authority and mitigation.
197-11-680 Appeals.
(Ord. 761 § 18, 1984).
17.04.190 Substantive authority.
A. The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the city.
B. The city may attach conditions to a permit or approval for a proposal so long as:
1. Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared pursuant to this resolution;
2. Such conditions are in writing;
3. The mitigation measures included in such conditions are reasonable and capable of being accomplished;
4. The city has considered whether other local, state or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and
5. Such conditions are based on one or more policies in subsection (F) of this section and cited in the license or other decision document.
C. The city may deny a permit or approval for a proposal on the basis of SEPA so long as:
1. A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a FEIS or final SEIS prepared pursuant to this chapter;
2. A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and
3. The denial is based on one or more policies identified in subsection (F) of this section and identified in writing in the decision document.
D. The city designated and adopts by reference the following policies as the basis for the city’s exercise of authority pursuant to this section. The city shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs and resources to the end that the state and its citizens may:
1. Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;
2. Assure for all people of Washington safe, healthful, productive and aesthetically and culturally pleasing surroundings;
3. Attain the widest range of beneficial use of the environment without degradation, risk to the health or safety, or other undesirable and unintended consequences;
4. Preserve important historic, cultural and natural aspects of our national heritage;
5. Maintain, wherever possible, an environment which supports diversity and variety of individual choice;
6. Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life’s amenities; and
7. Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.
E. The city recognizes that each person has a fundamental and inalienable right to a healthy environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment.
F. The city adopts by reference all policies of the city in its existing codes, ordinances and resolutions, as now existing or hereafter amended, including, but not limited to, Fife comprehensive land use plan, zoning code, subdivision regulations, noise control, water comprehensive plan, water and sewer regulations, park and recreation plan, storm drainage regulations, land fill regulations, floodplain management code, six-year transportation improvement program, Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Mechanical Code and Uniform Code for the Abatement of Dangerous Buildings. (Ord. 955 § 1, 1988; Ord. 772 §§ 2, 3, 1984; Ord. 761 § 19, 1984).
17.04.200 Notice – Statute of limitations.
A. The city, applicant for, or proponent of an action may publish a notice of action pursuant to RCW 43.21C.080 for any action.
B. The form of notice shall be substantially in the form provided in WAC 197-11-990. The notice shall be published by the city clerk-treasurer, applicant or proponent pursuant to RCW 43.21C.080. (Ord. 761 § 20, 1984).
Article VIII. Definitions (Reserved)
Article IX. Categorical Exemptions
17.04.220 Adoption by reference.
The city adopts by reference the following rules for categorical exemptions:
WAC
197-11-800 Categorical exemptions.
197-11-880 Emergencies.
197-11-890 Petitioning DOE to change exemptions.
(Ord. 761 § 22, 1984).
Article X. Agency Compliance
17.04.230 Purpose of this part and adoption by reference.
This part contains rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, designating environmentally sensitive areas, listing agencies with environmental expertise, selecting the lead agency, and applying these rules to current agencies activities. The city adopts the following sections by reference, as supplemented by WAC 173-806-045 through 173-806-043 and this part:
WAC
197-11-900 Purpose of this part.
197-11-902 Agency SEPA policies.
197-11-916 Application to ongoing actions.
197-11-920 Agencies with environmental expertise.
197-11-922 Lead agency rules.
197-11-924 Determining the lead agency.
197-11-926 Lead agency for governmental proposals.
197-11-928 Lead agency for public and private proposals.
197-11-930 Application to ongoing actions.
197-11-932 Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city.
197-11-934 Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies.
197-11-936 Lead agency for private projects requiring licenses from more than one state agency.
197-11-938 Lead agencies for specific proposals.
197-11-940 Transfer of lead agency status to a state agency.
197-11-942 Agreements on lead agency status.
197-11-944 Agreements on division of lead agency duties.
197-11-946 DOE resolution of lead agency disputes.
197-11-948 Assumption of lead agency status.
(Ord. 761 § 23, 1984).
17.04.240 Environmentally sensitive areas.
A. Lands located within the 100-year floodway of Wapato Creek as shown on the United States Department of Housing and Urban Development National Flood Insurance Program Floodway Boundary and Floodway Map, dated November 5, 1980, are designated as environmentally sensitive areas and are adopted herein by reference. For each environmentally sensitive area, the exceptions within WAC 197-11-800 that are inapplicable for that area are: WAC 197-11-800(1)(a) through (c), (2)(a) through (h), (3)(a) and (c).
B. The city shall treat proposals located wholly or partially within an environmentally sensitive area no differently than other proposals under this ordinance, making a threshold determination for all such proposals. The city shall not automatically require an EIS for a proposal merely because it is proposed for location in an environmentally sensitive area.
C. Certain exemptions do not apply on lands covered by water, and this remains true regardless of whether or not lands covered by water are mapped. (Ord. 772 § 4, 1984; Ord. 761 § 24, 1984).
Article XI. Forms
17.04.260 Adoption by reference.
The city adopts the following forms and WAC sections by reference:
WAC
197-11-960 Environmental checklist.
197-11-965 Adoption notice.
197-11-970 Determination of nonsignificant (DNS).
197-11-980 Determination of significance and scoping notice (DS).
197-11-985 Notice of assumption of lead agency status.
197-11-990 Notice of action.
(Ord. 761 § 26, 1984).
Article XII. Severability
17.04.270 Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances shall not be affected. (Ord. 761 § 27, 1984).
Chapter 17.05
CRITICAL AREAS – GENERAL PROVISIONSSections:
17.05.010 Purpose and goals.
17.05.015 Critical areas.
17.05.020 Intent.
17.05.030 Interpretation.
17.05.040 Regulated uses – Activities.
17.05.045 Best available science.
17.05.050 Exemptions.
17.05.060 Temporary emergency permit.
17.05.070 Reasonable use exception.
17.05.075 Application.
17.05.080 Critical areas review.
17.05.085 Critical areas report.
17.05.087 Mitigation sequencing.
17.05.090 Approval.
17.05.095 Critical areas protective measures.
17.05.100 Compliance.
17.05.110 Variance.
17.05.120 Bonding.
17.05.130 Enforcement.
17.05.150 Nonconforming activities.
17.05.180 Assessment relief.
17.05.190 Maps and inventory.
17.05.010 Purpose and goals.
A. This chapter and Chapters 17.07, 17.09, 17.11, 17.13, 17.15 and 17.17 FMC establish regulations for development activity in critical areas.
B. It is the purpose of this chapter to protect areas within the city identified as critical areas from the adverse impacts of development and incompatible land use through the use of clear and reasonable land use regulations and criteria based on best available science in accordance with WAC 365-195-900 through 365-195-925, and in accordance with state and federal agencies and other qualified professionals. In order to accomplish this purpose, the city seeks to implement the following general goals:
1. Maintain and enhance critical areas within the city.
2. Encourage the conservation of lands with significance as critical areas as defined by the Washington State Department of Community, Trade and Economic Development in Chapter 365-190 WAC.
3. Discourage incompatible land uses within critical areas and on adjacent parcels.
4. Maintain open space within the city for recreational and educational uses, as fish and wildlife habitat, and for aesthetic purposes.
5. Enhance and protect the air and water quality, ecologic systems, and high quality of life in the city and its urban growth area.
6. Alert members of the public, including appraisers, assessors, owners, potential buyers, or lessees, to the development limitations of critical areas and adjacent parcels or buffers. (Ord. 1566-05 § 1, 2005; Ord. 1111 § 2, 1992).
17.05.015 Critical areas.
Critical areas regulated by this title include:
A. Wetlands as designated in Chapter 17.17 FMC;
B. Critical aquifer recharge areas as designated in Chapter 17.07 FMC;
C. Fish and wildlife habitat conservation areas as designated in Chapter 17.15 FMC;
D. Frequently flooded areas as designated in Chapter 17.09 FMC;
E. Geologically hazardous areas as designated in Chapter 17.11 FMC; and
F. Seismic hazard areas as designated in Chapter 17.13 FMC. (Ord. 1566-05 § 2, 2005).
17.05.020 Intent.
The intent of this chapter and title is to protect and conserve critical areas in the city by establishing minimum standards for development on sites which contain or adjoin such critical areas. The city seeks to promote the public health, safety, and general welfare by:
A. Protecting critical areas from the impacts of development;
B. Mitigating unavoidable impacts to critical areas by regulating alterations within and adjacent to those areas;
C. Protecting the public against losses from: unnecessary maintenance and replacement of public facilities, publicly funded mitigation of avoidable impacts, and degradation of the natural environment;
D. Preventing cumulative adverse impacts on water quality, water availability, wetlands, streams and other aquatic resources;
E. Providing city officials with adequate information to adequately protect critical areas when approving, conditioning, or denying private development proposals;
F. Implementing the goals of the Growth Management Act (GMA), the State Environmental Policy Act, and other land use policies and plans adopted by the city; and
G. Protecting public and private resources and facilities from injury and property damage resulting from flooding, erosion, seismic events, soil subsidence, and steep slope failure. (Ord. 1566-05 § 3, 2005; Ord. 1111 § 3, 1992).
17.05.030 Interpretation.
In the interpretation and application of this chapter, all provisions shall be:
A. Considered the minimum necessary;
B. Liberally construed to serve the purposes and goals of this chapter; and
C. Deemed neither to limit nor repeal any other powers under federal, state, county, or city statutes, regulations, or ordinances that are intended to accomplish purposes and achieve goals that are the same or similar to the purposes and goals of this chapter and title. (Ord. 1566-05 § 4, 2005; Ord. 1111 § 4, 1992).
17.05.040 Regulated uses – Activities.
A. The city shall not grant any approval or permission to alter the condition of any land, water, or vegetation, or to construct or alter any structure or improvement unless the requirements of this chapter and title are met. Such approval or permission includes, but is not limited to, the following: grading permits, building permits, binding site plans, conditional use permits, right-of-way construction permits, site development permits, master plan development such as planned residential developments, subdivisions, short subdivision, special use permit, utility permit, variance, rezone, or any subsequently adopted permit or required approval not expressly exempted by this title. These critical area regulations shall apply as an overlay and in addition to zoning and other regulations adopted by the city.
B. The permits required by this title shall be in addition to permits or other types of approvals required by any other provisions of the FMC, or any applicable federal, state or county requirements. By resolution, the city council shall establish fees for critical area identification and permit review processing.
C. The city shall regulate all uses within 300 feet of, or that are likely to affect, one or more critical areas, consistent with the best available science and the provisions of this title.
D. These critical area regulations shall apply concurrently with review conducted under the State Environmental Policy Act (SEPA). Any conditions required pursuant to this title shall be included in the SEPA review and threshold determination.
E. As provided herein, the community development director is given the authority to interpret and apply, and the responsibility to enforce, this title to accomplish its purpose, goals, and intent. (Ord. 1566-05 § 5, 2005; Ord. 1111 § 5, 1992).
17.05.045 Best available science.
A. Protection for Functions and Values and Anadromous Fish. Critical area reports and decisions to alter critical areas shall rely on the best available science to protect the function and values of critical areas and must give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fish and their habitat, such as salmon and bull trout.
B. Best Available Science to Be Used Must Be Consistent with Criteria. The best available science is that scientific information applicable to the critical area prepared by local, state or federal natural resource agencies, a qualified scientific professional or team of qualified scientific professionals that is consistent with criteria established in WAC 365-195-900 through 365-195-925. Pierce County road and bridge design and construction standards are hereby referenced as a source of best available science for city of Fife critical areas standards. Sources for best available science are also included in the latest edition of “Citations of Recommended Sources of Best Available Science,” published by the Washington State Office of Community Development.
C. Characteristics of a Valid Scientific Process. In the context of critical areas protection, a valid scientific process is one that produces reliable information useful in understanding the consequences of the city’s regulatory decisions, and in developing critical areas policies and development regulations that will be effective in protecting the functions and values of critical areas. To determine whether information received during the permit review process is reliable scientific information, the community development director shall determine whether the source of the information displays the characteristics of a valid scientific process. Such characteristics are as follows:
1. Peer Review. The information has been critically reviewed by other persons who are qualified scientific experts in that scientific discipline. The proponents of the information have addressed the criticism of the peer reviewers. Publication in a refereed scientific journal usually indicates that the information has been appropriately peer-reviewed;
2. Methods. The methods used to obtain the information are clearly stated and reproducible. The methods are standardized in the pertinent scientific discipline or, if not, the methods have been appropriately peer-reviewed to assure their reliability and validity;
3. Logical Conclusions and Reasonable Inferences. The conclusions presented are based on reasonable assumptions supported by other studies and consistent with the general theory underlying the assumptions. The conclusions are logically and reasonably derived from the assumptions and supported by the data presented. Any gaps in information and inconsistencies with other pertinent scientific information are adequately explained;
4. Quantitative Analysis. The data have been analyzed using appropriate statistical or quantitative methods;
5. Context. The information is placed in proper context. The assumptions, analytical techniques, data, and conclusions are appropriately framed with respect to the prevailing body of pertinent scientific knowledge; and
6. References. The information is placed in proper context. The assumptions, analytical techniques, data, and conclusions are well referenced with citations to relevant, credible literature and other pertinent existing information.
D. Nonscientific Information. Nonscientific information may supplement scientific information, but it is not an adequate substitute for valid and available scientific information. Common sources of nonscientific information include anecdotal information, non-expert opinion, and hearsay.
E. Absence of Valid Scientific Information. Where there is an absence of valid scientific information or incomplete scientific information relating to a critical area, leading to uncertainty about the risk to critical area function of permitting an alteration of or impact to the critical area, the community development director shall:
1. Take a “precautionary or no risk approach” that strictly limits development and land use activities until the uncertainty is sufficiently resolved; and
2. Require an effective adaptive management program that relies on scientific methods to evaluate how well regulatory and nonregulatory actions protect the critical area. An adaptive management program is a formal and deliberate scientific approach to taking action and obtaining information in the face of uncertainty. An adaptive management program shall:
a. Address funding for the research component of the adaptive management program;
b. Change course based on the results and interpretation of new information that resolves uncertainties; and
c. Commit to the appropriate time frame and scale necessary to reliably evaluate regulatory and nonregulatory actions affecting protection of critical areas and anadromous fisheries. (Ord. 1566-05 § 6, 2005).
17.05.050 Exemptions.
All exempted activities shall use reasonable methods to avoid potential impacts to critical areas. Exemption from this title does not authorize the degradation of a critical area or the ignoring of risk from natural hazards. Any incremental 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. The following activities are exempt from the provisions of this title:
A. Existing agricultural activities as defined in FMC Title 19;
B. Maintenance and reconstruction of existing roads; provided, the reconstruction does not involve expansion of facilities;
C. Maintenance or replacement of existing utility lines; provided, that replacement occurs at the same location;
D. Reconstruction, maintenance, or remodeling of existing single-family residential structures; provided, that the building footprint does not increase by more than 25 percent; and provided, that the expansion does not intrude further into the critical area;
E. Reconstruction, maintenance, or remodeling of other than single-family structures; provided, that such reconstruction, maintenance, or remodeling does not increase building floor area or existing lot coverage;
F. Site investigative work necessary for land use application submittals;
G. Permit requests subsequent to previous critical area review and approval;
H. Modification to existing structures that does not further alter or increase the impact to the critical area or buffer;
I. Activities within an improved right-of-way;
J. Public and private pedestrian trails; and
K. Selected vegetation removal activities upon approval by the community development director. (Ord. 1566-05 § 7, 2005; Ord. 1111 § 6, 1992).
17.05.060 Temporary emergency permit.
A. The community development director may issue a temporary emergency critical areas permit if:
1. The community development director determines that an extreme and emergent threat to life or severe loss of property will occur if an emergency permit is not immediately granted; and
2. The anticipated threat or loss may occur before a permit can be issued or modified under the procedures otherwise required by this title; and
3. The proposed work to be performed under the emergency permit will not irreparably damage the critical area; and
4. The critical area can be restored to its preemergent condition within 90 days after the cessation of the emergency condition.
B. Any emergency permit granted shall incorporate, to the greatest extent practicable and feasible, but not inconsistent with the emergency situation, the standards and criteria required for nonemergency activities under this act and shall:
1. Be limited in duration to the time required to complete the authorized emergency activity, not to exceed 90 days; and
2. Require, within this 90-day period, the restoration of any critical area altered as a result of the emergency activity, except that if more than the 90 days from the issuance of the emergency permit is required to complete restoration through no fault of the applicant or its agents, the emergency permit may be extended the minimum time needed to complete this restoration.
C. Issuance of an emergency permit by the community development director does not preclude the necessity to obtain necessary approvals from appropriate federal and state authorities.
D. The emergency permit may be terminated at any time without process upon a determination by the community development director that the action was not or is no longer necessary to protect human health or the environment, or that the emergency condition no longer exists. The termination of the permit shall not relieve the applicant of its duty to restore the critical area to its preemergent condition. (Ord. 1566-05 § 8, 2005; Ord. 1111 § 7, 1992).
17.05.070 Reasonable use exception.
A. If the application of this title would deny all reasonable use of the site, an applicant for development proposal may submit a request for a reasonable use exception to the hearing examiner. Development may be allowed which is consistent with the purpose of this title; provided, the hearing examiner, after public hearing and consultation with the city attorney, enters written findings that the provisions of this title would deny all reasonable use of the property, that there is no other reasonable use with less impact on the critical area or its buffer, that any alteration is the minimum necessary to allow a reasonable use of the property, and that the proposed development does not pose an unreasonable threat to the public health, safety, or welfare on or off the property. The burden of proof shall be on the applicant.
B. The hearing examiner shall impose all conditions necessary to minimize the impact on the critical area and its buffer and further the purpose and goals of this title. Full mitigation shall be required under the city’s environmental protection regulations adopted pursuant to SEPA. (Ord. 1593-06 § 47, 2006; Ord. 1566-05 § 9, 2005; Ord. 1111 § 8, 1992).
17.05.075 Application.
A. Critical Areas Identification. Prior to the review of any proposed development activity requiring any city permit, the applicant shall submit to the community development director a completed critical area identification application on a form provided by the city. The director shall review the application, conduct a site inspection if deemed necessary, review other information available pertaining to the site and the proposal, and make a determination as to whether any critical areas may be affected by the proposal and if a more detailed critical area report shall be submitted.
B. Critical Areas Identification Indicators. The community development director may use the following indicators to assist in determining the need for a critical area report:
1. Indication of the critical area on the city critical areas maps that may be impacted by the proposed activity;
2. Information and scientific opinions from appropriate agencies, including but not limited to the State Departments of Fish and Wildlife, Natural Resources, and Ecology;
3. Documentation, from a scientific or other reasonable source, of the possible presence of a critical area; or
4. A finding by a qualified professional or a reasonable belief by the community development director that a critical area may exist on or adjacent to the site of the proposed activity. (Ord. 1566-05 § 10, 2005).
17.05.080 Critical areas review.
A. The community development director shall perform a critical areas review of all applications for land use activities within critical areas, their buffers, or lands within 200 feet of a critical area, unless otherwise provided in this chapter.
B. The community development director shall verify the information submitted by the applicant to:
1. Confirm the nature and type of critical areas;
2. Determine if the applicant must conduct further studies including submittal of a critical areas report to allow proper analysis of the project impact upon a critical area or its buffer;
3. Determine whether the development proposal is consistent with the purpose, goals and intent of this chapter and title;
4. Determine whether any alterations to the critical area may be avoided by reasonable modification of the proposal;
5. Determine if the management, mitigation, or monitoring plans, if any, proposed by the applicant are sufficient to carry out the intent of this chapter and title. (Ord. 1566-05 § 11, 2005; Ord. 1111 § 9, 1992).
17.05.085 Critical areas report.
If required by the community development director, the applicant shall submit a critical area report prepared by a qualified professional as defined herein. The report shall use scientifically valid methods and studies in the analysis of critical area data and field reconnaissance and reference the source of science used. The report shall evaluate the proposal and all probable impacts to critical areas in accordance with the provisions of this title. Unless otherwise provided, 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, as approved by the community development director. As a minimum, the report shall contain the following:
A. The name and contact information of the applicant, a description of the proposal, and identification of the permit requested.
B. A copy of the site plan for the development proposal showing:
1. Identified critical areas, buffers, and the development proposal with dimensions;
2. Limits of any areas to be cleared; and
3. A description of the proposed stormwater management plan for the development and consideration of impacts to drainage alterations.
C. The dates, names, and qualifications of the persons preparing the report and documentation of any fieldwork performed on the site.
D. Identification and characterization of all critical areas, including wetlands, water bodies, and buffers adjacent to the proposed project area.
E. A statement specifying the accuracy of the report, and all assumptions made and relied on.
F. An assessment of the probable cumulative impacts to critical areas resulting from development of the site and the proposed development.
G. An analysis of site development alternatives.
H. A description of reasonable efforts made to apply mitigation sequencing as set forth in FMC 17.05.087 to avoid, minimize, and mitigate impacts to critical areas.
I. Plans for adequate mitigation, as needed, to offset any impacts, including, but not limited to:
1. The impacts of any proposed development within or adjacent to a critical area or buffer on the critical area; and
2. The impacts of any proposed alteration of a critical area or buffer on the development proposal, other properties and the environment.
J. A discussion of the performance standards applicable to the critical area and proposed activity.
K. Financial guarantees to ensure compliance.
L. Any additional information required for the critical area as specified by the community development director. (Ord. 1566-05 § 12, 2005).
17.05.087 Mitigation sequencing.
Applicants shall demonstrate that all reasonable efforts have been examined with the intent to avoid and minimize impacts on critical areas. When an alteration to a critical area is proposed, such alteration shall be avoided, minimized, or compensated for in the following order of preference, and may include a combination of:
A. Avoiding the impact altogether by not taking 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 historical conditions or the conditions existing at the time of the initiation of the project;
D. Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineering or other methods;
E. Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the life of the action;
F. 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
G. Monitoring the hazard or other required mitigation and taking remedial action when necessary.
Mitigation must also meet the goals, provisions, and requirements of Chapter 17.17 FMC, and comply with any mitigation standards set forth in this title. (Ord. 1566-05 § 13, 2005).
17.05.090 Approval.
The community development director may approve, approve with conditions, or deny any development proposal as is necessary to further the goals of this chapter and title and to comply with their intent, based on the following criteria:
A. The proposal minimizes the impact on critical areas in accordance with FMC 17.05.087;
B. The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site;
C. The proposal is consistent with the general purposes of this title and the public interest;
D. Any alterations permitted to the critical areas are mitigated in accordance with the critical areas report and FMC 17.05.087;
E. The proposal protects the critical area functions and values consistent with the best available science;
F. The proposal is consistent with the other requirements, regulations, and provisions of this chapter and title. (Ord. 1566-05 § 14, 2005; Ord. 1111 § 10, 1992).
17.05.095 Critical areas protective measures.
A. Critical Area Markers and Signs. The boundary at the outer edge of critical area tracts and easements shall be delineated with permanent survey stakes, using iron or concrete markers as established by local survey standards. The boundary at the outer edge of the critical area or buffer shall be identified with temporary signs prior to any site alteration. Such temporary signs shall be replaced with permanent signs prior to occupancy or use of the site.
B. Notice on Title.
1. In order to inform subsequent purchasers of real property of the existence of critical areas, the owner of any property containing a critical area or buffer on which a development proposal is submitted shall file a notice with the county auditor. The notice shall state the presence of the critical area or buffer on the property, of the application of this title to the property, and the fact that limitations on actions in or affecting the critical area or buffer may exist. The notice shall run with the land.
2. This notice on title shall not be required for a development proposal by a public agency or public or private utility within a recorded easement or right-of-way, where the agency or utility has been adjudicated the right to an easement or right-of-way, or at the site of a permanent public facility.
3. The applicant shall submit proof that the notice has been filed for public record before the city approves any development proposal for the property or, in the case of subdivisions, short subdivisions, planned unit developments, and binding site plans, at or before recording.
C. Native Growth Protection Areas.
1. Unless otherwise required by this title, native growth protection areas shall be used in development proposals for subdivisions, short subdivisions, planned unit developments, and binding site plans to delineate and protect those contiguous critical areas and buffer for all landslide hazard areas and buffers, all wetlands and buffers, all habitat conservation areas, and all other lands to be protected from alterations as conditioned by project approval and permit.
2. Native growth protection areas shall be designated on the face of the plat or recorded drawing in a format approved by the city. The designation shall include an assurance that native vegetation will be preserved for the purpose of preventing harm to property and the environment, including, but not limited to, controlling surface water runoff and erosion, maintaining slope stability, and protecting plants, fish, and animal habitat. The designation shall also assure the right of the city to enforce the terms of the restriction.
D. Critical Area Tracts.
1. Critical area tracts shall be used in development proposals for subdivisions, short subdivisions, planned unit developments, and binding site plans to delineate and protect the following contiguous critical areas and buffers listed below that total 5,000 or more square feet: landslide hazard areas and buffers, wetlands and buffers, habitat conservation areas, and all other lands to be protected from alterations as conditioned by project approval.
2. Critical area tracts shall be recorded on all documents of title of record for all affected lots.
3. Critical area tracts shall be designated on the face of the plat or recorded drawing in a format approved by the city. The designation shall include an assurance that native vegetation will be preserved for the purpose of preventing harm to property and the environment, including, but not limited to, controlling surface water runoff and erosion, maintaining slope stability, buffering, and protecting plants, fish, and animal habitat. The designation shall also contain the right of the city to enforce the terms of the restriction.
4. The city may require that any required critical area tract be dedicated to the city, held in an undivided interest by each owner of a building lot within the development with ownership interest passing with the ownership of the lot, or held by an incorporated homeowners’ association or other legal entity.
E. Building Setback. Unless otherwise provided, buildings and other structures shall be set back a distance of 15 feet from the edges of all critical area buffers or from the edges of all critical areas, if no buffers are required. The following may be allowed in the setback area: landscaping, uncovered decks, building overhangs extending no more than 18 inches into the setback area, and impervious ground surfaces, such as driveways and patios; provided, that such improvements may be subject to water quality regulations as adopted by the city. (Ord. 1566-05 § 15, 2005).
17.05.100 Compliance.
Approval of a development proposal does not discharge the obligation of the applicant to comply with the provisions of this title. (Ord. 1566-05 § 16, 2005; Ord. 1111 § 11, 1992).
17.05.110 Variance.
A. The hearing examiner shall have the authority to grant a variance from these regulations, if he/she enters findings that the circumstances in subsection (B) of this section have been met. When considering a variance, the hearing examiner can deny, modify, or grant the requested variance. In addition, the hearing examiner may attach specific conditions to the variance as he/she determines are necessary to meet the purpose and goals of this title.
B. Before any variance may be granted, the following shall be shown:
1. There are special circumstances, applicable to the subject property, or to the intended use such as size, shape, topography, location, or surroundings, that do not apply in general to other properties under the same zone classification; provided, however, the fact that surrounding properties have been developed under regulations in force prior to adoption of this chapter and title shall not be the sole basis for granting the variance.
2. Granting of a variance will not be materially detrimental to the public welfare or injurious to the property or improvements.
3. Granting the variance will not be inconsistent with goals, objectives, or policies of the city.
C. If the hearing examiner shall grant a variance, the variance shall be the minimum necessary to accommodate the permitted uses. (Ord. 1593-06 §§ 48, 49, 2006; Ord. 1566-05 § 17, 2005; Ord. 1111 § 12, 1992).
17.05.120 Bonding.
A. Performance Bonds. The community development director shall require the holder of a permit to post a cash performance bond or other security acceptable to the city in an amount and with surety and conditions sufficient to fulfill the requirements of this chapter and title and, in addition, to secure compliance with other conditions and limitations set forth in the permit including critical area restoration work. The amount and the conditions of the bond shall be consistent with the purposes of this chapter and title. In the event of a breach of any condition of any such permit, the director may demand of the surety that the full amount of the bond be tendered to the city, or such lesser amount as the director determines is necessary to restore the critical area. The director may allow the surety to perform the remedial work. Until such written release of the bond, the principal or surety cannot be terminated or canceled. The director shall release the bond upon determining that:
1. All activities, including any required compensatory mitigation, have been completed in compliance with the terms and conditions of the permit and the requirements of this chapter and title; and
2. Upon the posting by the applicant of a maintenance bond in accordance with the provisions of this chapter and title.
B. Maintenance Bonds. The community development director shall require the holder of a development permit issued pursuant to this title to post a cash performance bond or other security acceptable to the director in an amount and with surety and conditions sufficient to guarantee that structures, improvements, and mitigation required by the permit or by this title perform satisfactorily for a minimum of two years after they have been completed. The director shall release the maintenance bond upon determining that performance standards established for evaluating the effectiveness and success of the structures, improvements, and/or compensatory mitigation have been satisfactorily met for the required period. For compensation projects, the performance standards shall be those contained in the mitigation plan developed and approved during the permit review process. The maintenance bond applicable to a compensation project shall not be released until the director determines that performance standards established for evaluating the effect and success of the project have been met. (Ord. 1566-05 § 18, 2005; Ord. 1111 § 13, 1992).
17.05.130 Enforcement.
A. The city attorney or his designee shall have authority to enforce this chapter against any violation or threatened violation thereof. The city attorney or his designee is authorized to issue violation notices and administrative orders, and/or institute legal actions in court. Recourse to any single remedy shall not preclude recourse to any of the other remedies. Each violation of this title, or any rule or regulation adopted, or any permit, permit condition, or order issued pursuant to this title, shall be a separate offense, and, in the case of a continuing violation, each day’s continuance shall be deemed to be a separate and distinct offense. All costs, attorney and expert witness fees, and expenses in connection with enforcement actions may be recovered as damages against the violator.
B. Enforcement actions shall include civil penalties, administrative orders and actions for damages and restoration.
1. The city attorney or designee may bring appropriate actions at law or equity, including actions for injunctive relief, to ensure that no uses are made of a critical area or its buffer which are inconsistent with this title or an applicable critical area protection program.
2. The city attorney or designee may serve upon a person a cease and desist order if an activity being undertaken on regulated critical areas or their buffers is in violation of this title, these rules or a local critical area protection program. Whenever any person violates this title or any permit issued to implement this title, the city attorney may issue an order reasonably appropriate to cease such violation and to mitigate any environmental damage resulting therefrom.
a. Content of Order. The order shall set forth and contain:
i. A description of the specific nature, extent, and time of violation and the damage or potential damage; and
ii. A notice that the violation or the potential violation cease and desist or, in appropriate cases, the specific corrective action to be taken within a given time. A civil penalty may be issued with the order. The penalty shall be $100.00 per day of violation.
b. Effective Date. The cease and desist order issued under this section shall become effective immediately upon receipt by the person to whom the order is directed.
c. Compliance. Failure to comply with the terms of a cease and desist order can result in enforcement actions including, but not limited to, the issuance of a civil penalty.
3. Aiding or Abetting. Any person who, through an act of commission or omission, procures, aids or abets in the violation shall be considered to have committed a violation for the purposes of the penalty.
4. Notice of Penalty. Civil penalties imposed under this section shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the same from the department and/or the city, or from both jointly. The notice shall describe the violation, approximate the date(s) of violation, and shall order the acts constituting the violation to cease and desist, or, in appropriate cases, require necessary corrective action within a specific time.
5. Application for Remission or Mitigation. Any person incurring a penalty may apply in writing within 30 days of receipt of the penalty to the city attorney or his designee for remission or mitigation of such penalty. Upon receipt of the application, the city attorney or his designee may remit or mitigate the penalty only upon a demonstration of extraordinary circumstances, such as the presence of information or factors not considered in setting the original penalty.
6. Any person who knowingly violates any provision of this chapter or who knowingly makes a false statement, representation, or certification in any application, record or other document filed or required to be maintained under this chapter or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device, record or methodology required to be maintained pursuant to this title or pursuant to a wetlands permit is guilty of a gross misdemeanor. In the case of a continuing violation, each permit violation and each day of activity without a required permit shall be a separate and distinct violation. (Ord. 1566-05 § 19, 2005; Ord. 1111 § 14, 1992).
17.05.150 Nonconforming activities.
A regulated activity that was approved prior to March 10, 1992, and to which significant economic resources have been committed pursuant to such approval, but which is not in conformity with the provisions of this title, may be continued subject to the following:
A. No such activity shall be expanded, changed, enlarged or altered in any way that increases the extent of its nonconformity without a permit issued pursuant to the provisions of this title;
B. Except for cases of discontinuance as part of normal agricultural practices, if a nonconforming activity is discontinued for 12 consecutive months, any resumption of the activity shall conform to this title;
C. If a nonconforming use or activity is destroyed by any cause, it shall not be resumed, except in conformity with the provisions of this title;
D. Activities or adjuncts thereof that are or become nuisances shall not be entitled to continue as nonconforming activities. (Ord. 1566-05 § 20, 2005; Ord. 1111 § 16, 1992).
17.05.180 Assessment relief.
The city of Fife may request that the assessor of Pierce County consider critical areas regulations in determining the fair market value of land. Any owner of an undeveloped critical area who has dedicated an easement or entered into a perpetual conservation restriction with the city or a nonprofit organization to permanently control some or all regulated activities may request to have that portion of land assessed consistent with those restrictions. For purposes of determining the benefitted area and the amount of assessment for any LID, ULID, or similar special assessment district, the easement and/or perpetual conservation restriction shall be taken into account. (Ord. 1566-05 § 21, 2005; Ord. 1111 § 19, 1992).
17.05.190 Maps and inventory.
The approximate location and extent of critical areas in the city is displayed on the city critical area maps. The maps are to be used as guides to show the general location and extent of critical areas. Critical areas not shown on the city critical areas maps are presumed to exist in the city and are protected under all the provisions of this chapter. In the event that any of the critical area designations shown on the maps conflict with the criteria set forth in this chapter, the criteria shall control. (Ord. 1111 § 20, 1992).
Chapter 17.07
AQUIFER RECHARGE AREASSections:
17.07.010 Purpose and intent.
17.07.020 Definitions.
17.07.030 Applicability.
17.07.040 Surface area – Hydrogeologic assessment.
17.07.010 Purpose and intent.
The purpose of this chapter is to protect important water supplies from additional degradation originating from land use activities. It is the intent of the chapter that, due to the exceptional vulnerability and susceptibility of the aquifer recharge areas to further contamination, groundwater resources in the aquifer system be safeguarded from hazardous substance and waste pollution. This will be accomplished by controlling or prohibiting land use activities that introduce such pollution hazards within delineated aquifer recharge areas. (Ord. 1112 § 2, 1992).
17.07.020 Definitions.
A. “Animal feed lots” are sites of land where volumes of animal waste material capable of impacting groundwater resources are deposited.
B. “Aquifer” means a saturated geologic formation which will yield a sufficient quantity of water to serve as a private or public water supply.
C. “Aquifer recharge area” is an area where the potential for contamination of groundwater resources is high.
D. “Contaminant” means any chemical, physical, biological, or radiological substance that does not occur naturally or occurs at concentrations greater than those in natural groundwater.
E. “DRASTIC” is a model developed by the national water well association and the environmental protection agency for use in measuring aquifer susceptibility.
F. “Facility” means all structures, contiguous land, appurtenances, and other improvements on the land used for recycling, reusing, reclaiming, transferring, storing, treating, disposing, or otherwise handling a hazardous substance. This includes underground and above ground tanks and any operations that handle, use, dispose of, or store hazardous substances.
G. “Groundwater” means all water found beneath ground surface, including slowly moving subsurface water present in aquifers and recharge areas.
H. “Hazardous substance(s)” means any liquid, solid, gas, or sludge, including any materials, substance, commodity, or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste; and including waste oil and petroleum products.
I. “Hazardous substance processing or handling” is use, storage, manufacture, or other land use activity involving hazardous substances. It does not include individually packaged household consumer products or quantities of hazardous substances less than five gallons in volume per container. Hazardous substances shall not be disposed of on-site unless in compliance with dangerous waste regulations, Chapter 173-303 WAC, and any applicable local ordinances.
J. “Hazardous waste” means all dangerous waste and extremely hazardous waste as designated pursuant to Chapter 70.105 RCW and Chapter 173-303 WAC as defined below;
K. “Dangerous waste” is any discarded, useless, unwanted, or abandoned substance including, but not limited to, certain pesticides, or any residues or containers of such substances which are disposed of in such a quantity or concentration as to pose a substantial present or potential hazard to human health, wildlife, or the environment because such wastes or constituents or combinations of such wastes:
1. Have short lived, toxic properties that may cause death, injury, or illness or have mutagenic, or carcinogenic properties; or
2. Are corrosive, explosive, flammable, or may generate pressure through decomposition or other means.
L. “Extremely hazardous wastes” means waste which:
1. Will persist in a hazardous form for several years or more at a disposal site and which in its persistent form presents a significant environmental hazard and may be concentrated by living organisms through the food chain or may affect the genetic make-up of humans or wildlife; and
2. Is disposed of at a disposal site in such quantities as would present an extreme hazard to humans or the environment.
M. “Hazardous waste treatment and storage facility” means a facility that treats and stores hazardous waste and is authorized pursuant to Chapter 70.105 RCW and Chapter 173-303 WAC. It includes all contiguous land and structures used for recycling, reusing, reclaiming, transferring, storing, treating, or disposing of hazardous waste. Treatment includes physical, chemical, or biological processing of hazardous wastes to make such waste nondangerous or less dangerous and safer for transport, amenable for energy or material resource recovery. Storage includes the holding of waste for a temporary period but not the accumulation of waste on the site of generation as long as the storage complies with applicable requirements of Chapter 173-303 WAC.
N. “On-site treatment and storage facility” means a facility that treats or stores hazardous wastes generated on the same geographically contiguous property.
O. “Off-site treatment and storage facility” means a facility that treats or stores hazardous wastes generated on property other than those on which the off-site facility is located.
P. “Hydrogeologic assessment” is a report detailing the subsurface conditions of a site and which indicates the susceptibility and potential for contamination of groundwater supplies.
Q. “Impervious surface” is natural or manmade material on the ground that does not allow surface water to penetrate into the soil. Impervious surfaces consist of buildings, parking areas, driveways, roads, sidewalks, and any other areas of concrete, asphalt, plastic, etc.
R. “Landfill” means a disposal facility or part of a facility at which solid waste is permanently placed in or on land and which is not a landspreading disposal facility.
S. “Permeable surfaces” are sand, gravel, and other penetrable deposits on the ground which permit movement of groundwater through the pore spaces, and which permit the movement of fluid to the groundwater.
T. “Underground tank” means any one or a combination of tanks (including underground pipes connected thereto) which are used to contain or dispense an accumulation of hazardous substances or hazardous wastes, and the volume of which (including the volume of such substances or waste within the underground pipes) is 10 percent or more beneath the surface of the ground. (Ord. 1112 § 3, 1992).
17.07.030 Applicability.
A. Aquifer recharge areas are areas where the potential for contamination of groundwater resources is high.
B. The city will employ the latest edition of the National Water Well Association and U.S. Environmental Protection Agency’s DRASTIC map of Pierce County to identify areas where the potential for contamination of groundwater resources is high. Areas rated and mapped 180 or greater on the DRASTIC index will be included in the aquifer recharge area. (Ord. 1566-05 § 22, 2005; Ord. 1112 § 4, 1992).
17.07.040 Surface area – Hydrogeologic assessment.
A. Permeable Surfaces. Whenever possible, uses that are not otherwise identified as a threat to the aquifer shall provide as much open, permeable surface as possible, and impermeable surfaces shall be minimized to the extent possible consistent with other federal, state, county, and city laws, regulations, and ordinances.
B. Hydrogeologic Assessment.
1. Because all land areas within the city are designated as aquifer recharge areas, the following activities shall require a hydrogeologic assessment when proposed within the city:
a. Hazardous substance processing or handling.
b. Hazardous waste treatment and storage facility.
c. On-site disposal of sewage for subdivisions and commercial and industrial sites.
d. Wastewater treatment plant sludge disposal.
e. Animal feed lots.
f. Landfills.
g. Any other activity that the director determines may have an adverse impact on groundwater quality.
2. The hydrogeologic assessment shall include, but is not limited to, the following:
a. Information sources.
b. Geologic setting. Include well or borings used to identify information.
c. Background water quality.
d. Groundwater elevations.
e. Location/depth to perched water tables.
f. Recharge potential of facility site (permeability/transmissivity).
g. Groundwater flow direction and gradient.
h. Currently available data on wells within 1,000 feet of the site.
i. Currently available data on any spring located within 1,000 feet of the site.
j. Surface water location and recharge potential.
k. Water supply source to facility.
l. Any sampling schedules necessary.
m. Discussion of the effects of the proposed project on the groundwater resource.
n. Other information required by responsible agencies.
3. The hydrogeologic assessment shall be prepared by a qualified professional hydrogeologist, geologist, or engineer, licensed in the state of Washington, with experience in hydrogeologic assessments. This assessment shall be in addition to the critical areas report required by FMC 17.05.085.
4. Uses requiring a hydrogeologic assessment may be conditioned or denied based on evaluation of the hydrogeologic assessment by the community development director or by an expert accepted by the director. The hydrogeologic assessment must show that the project or use does not present a threat to the aquifer and will not cause contaminants to enter the aquifer.
C. Storage Tank Permits.
1. Facilities with Underground Tanks (New Underground Tanks).
a. All new underground storage facilities used or to be used for the underground storage of hazardous substances or hazardous wastes shall be designed and constructed so as to:
i. Prevent releases due to corrosion or structural failure for the life of the tank;
ii. Be protected against corrosion, constructed of noncorrosive material, steel clad with a noncorrosive material, or designed to include a secondary containment system to prevent the release or threatened release of any stored substance; and
iii. Use material in the construction or lining of the tank which is compatible with the substance to be stored.
2. Aboveground Tanks.
a. No new aboveground storage facility or part thereof shall be fabricated, constructed, installed, used, or maintained in a manner which may allow the release of a hazardous substance to the ground, groundwater, or surface waters of the city.
b. No new aboveground storage facility or part thereof shall be fabricated, constructed, installed, used, or maintained without having constructed around and under it an impervious containment area enclosing or underlying the tank or part thereof.
c. A new aboveground tank will require a secondary containment system either built into the tank structure or a dike system built outside of the tank for all tanks in the city. The dike shall be so constructed as to be able to contain a sudden discharge of the entire content of the tank as if the tank were filled to capacity, to be contained in such a way as to not permit any of the contents to leave the containment area, or permeate the surface of the ground.
d. Any plan for an aboveground tank will include a plan for removal of all materials within the tank should a rupture occur. (Ord. 1566-05 § 23, 2005; Ord. 1112 § 5, 1992).
Chapter 17.08
TRAFFIC CONGESTION, STREETS AND LIMITATIONS ON DEVELOPMENTSections:
17.08.010 Definitions.
17.08.020 Level of service (LOS) measurement.
17.08.030 No issuance of permits under certain conditions.
17.08.040 Mitigation options.
17.08.050 Exceptions.
17.08.060 Studies required.
17.08.070 Latecomer’s fees.
17.08.080 Phased projects.
17.08.010 Definitions.
A. “Degradation of traffic conditions” means that the peak hour delay at any intersection within the city of Fife increases to the point that the intersection’s level of service decreases to the next level of service.
B. “Development” means any proposed use of land or buildings or other structures and improvements on the land that are not categorically exempt from environmental review pursuant to FMC 17.04.080.
C. “LOS” means level of service, a measure of traffic congestion as adopted by the city council.
D. “Peak hour” means that hour of the day which experiences the most critical LOS for a particular roadway or intersection.
E. “Pro rata share” means the number of peak hour vehicle trips which the development adds to that intersection divided by the total peak hour, vehicle trips at that intersection.
F. “Street system” means all vehicular, public thoroughfares and accessories thereto in the city except freeways. It may also, at the city’s discretion, apply to such facilities located outside the city.
G. “Transportation system management” means increasing the efficiency of the existing street system by modifying travel behavior, such as by providing incentives for travel by multi-occupancy vehicles or by shifting travel demand away from the peak hour. (Ord. 1317 § 5, 1998).
17.08.020 Level of service (LOS) measurement.
The transportation element of the Fife comprehensive plan identifies the peak hour delay at intersections as the best method of measuring traffic conditions within the city. The levels of service are identified as follows:
Peak Hour Intersection Delay
Unsignalized
Signalized
LOS
£5.0 seconds
5.0 seconds
A
5.1 to 10.0
5.1 to 15.0
B
10.1 to 20.0
15.1 to 25.0
C
20.1 to 30.0
25.1 to 40.0
D
30.1 to 45.0
40.1 to 60.0
E
45.1 to 60.0
60.1 to 80.0
F
> 60.0
> 80.0
G
(Ord. 1317 § 5, 1998).
17.08.030 No issuance of permits under certain conditions.
A. Any development which generates more than 20 new peak hour trips, as defined in the publication “Trip Generation, Fourth Edition”, prepared by the Institute of Traffic Engineers, is hereby declared a significant adverse environmental impact and the development shall not be permitted unless the impact is mitigated so that:
1. It will not cause any signalized intersection at an LOS(A), (B), (C) or (D) to drop below a peak hour LOS(D); and
2. Will not cause any signalized intersection which already has a peak hour LOS(D) or worse to experience any further degradation of traffic conditions.
B. In computing the after project LOS the effect of permitted or funded future events shall be considered, such as completion of other approval developments and completion of funded street system improvements within six years of development. (Ord. 1317 § 5, 1998).
17.08.040 Mitigation options.
The following methods are recommended as options to mitigate the significant adverse environmental impact to peak hour levels of service:
A. Modification of the development proposal, including inclusion of a transportation system management plan;
B. Improvement to the city street system pursuant to FMC Title 12. The number of required traffic lanes shall be determined by the Fife director of public works. If this method is used, the director of public works shall insure completion by not issuing any occupancy permit until required traffic lanes are complete or by requiring a bond or other security instrument acceptable to the city to insure that the improvement is completed within six years of development;
C. At the city’s option, by paying the development’s pro rata share of the cost of the street system improvement; provided, that:
1. The improvement, when constructed, will remove the significant adverse environmental impact;
2. The director of public works has determined that the total funding for the improvement will be in place within six years of development completion; and
3. The proposed improvement will be city-owned upon completion. (Ord. 1317 § 5, 1998).
17.08.050 Exceptions.
This chapter shall not apply to:
A. Development for which a complete building permit application has been filed prior to the effective date of the ordinance codified in this chapter;
B. The renewal of a permit for an existing development; or
C. Any development for which the city is the development proponent. (Ord. 1317 § 5, 1998).
17.08.060 Studies required.
A. Any traffic studies which the public works director finds are necessary to determine whether a development has a significant adverse environmental impact upon the city traffic system and/or to determine the method in which set impact will be mitigated will be prepared by a qualified transportation engineer at the applicant’s expense. The transportation engineer shall be acceptable to the public works director.
B. The city may, at the applicant’s expense, hire a licensed and qualified engineer to review the applicant’s submittal for accuracy. (Ord. 1317 § 5, 1998).
17.08.070 Latecomer’s fees.
If the development proponent funds or completes improvements that benefit properties not contributing to the costs of said improvements then the city will approve recapture agreements as authorized by state law, if said agreement is timely requested by the applicant. (Ord. 1317 § 5, 1998).
17.08.080 Phased projects.
This chapter shall apply separately to each phase of a phased project. (Ord. 1317 § 5, 1998).
Chapter 17.09
FREQUENTLY FLOODED AREASSections:
17.09.010 Purpose.
17.09.020 Definitions.
17.09.030 Applicability.
17.09.040 Regulation.
17.09.050 Special consideration for anadromous fish.
17.09.010 Purpose.
Floodplains and other areas subject to flooding perform important hydrologic functions and may present a risk to persons and property. The purpose of this chapter is to both protect such areas and minimize flooding hazards. (Ord. 1566-05 § 24, 2005; Ord. 1113 § 2, 1992).
17.09.020 Definitions.
A. “Areas of special flood hazard” means land in a floodplain within the city subject to a one percent or greater chance of flooding in a given year.
B. “Base flood” means the flood having a one percent chance of being equalled or exceeded in a given year, also referred to as the “100-year flood”.
C. “Base flood elevation” means water surface elevation, in feet, above mean sea level for the base flood and referenced to the National Geodetic Vertical Datum of 1929 (or Pierce County datum or United States Coast and Geodetic Datum of 1929 which are the same).
D. “Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normal dry land areas from:
1. The overflow of inland or tidal waters; and/or
2. The unusual and rapid accumulation of runoff of surface waters from any source.
E. “Floodfringe” is the area subject to inundation by the base flood, but outside the limits of the floodway, and which may provide needed temporary storage capacity for flood waters.
F. “Flood insurance rate map (FIRM)” means the official map on which the Federal Insurance Administration has delineated areas of special flood hazard and the risk premium zones applicable in the city.
G. “Flood hazard areas” means land in a floodplain within the city subject to a one percent or greater chance of flooding in a given year.
H. “Floodplain” means the total area subject to inundation by the base flood, including the floodfringe and floodway areas.
I. “Floodway” means the channel of a river, or other watercourse and the adjacent land areas that must be reserved in order to convey and discharge the base flood, without cumulatively increasing the water surface elevation by more than one foot, and those areas designated as deep and/or fast-flowing water. (Ord. 1113 § 3, 1992).
17.09.030 Applicability.
A. Floodplains and other areas subject to flooding and thus performing important hydrological functions.
B. All flood hazard areas shall be as identified in the following scientific and engineering reports:
1. The latest edition of “The flood insurance study for the city of Fife, Washington,” with the accompanying flood insurance rate maps, Federal Emergency Management Agency (FEMA).
2. The latest edition of “The flood insurance study for Pierce County, Washington,” with the accompanying flood insurance rate maps, Federal Emergency Management Agency (FEMA). (Ord. 1566-05 § 25, 2005; Ord. 1113 § 4, 1992).
17.09.040 Regulation.
All development in flood hazard areas shall comply with Chapter 15.40 FMC, and the requirements of the National Flood Insurance Program (NFIP). (Ord. 1566-05 § 26, 2005; Ord. 1113 § 5, 1992).
17.09.050 Special consideration for anadromous fish.
Development in flood hazard protection areas that involve riparian habitat shall also comply with Chapter 17.15 FMC. (Ord. 1566-05 § 27, 2005).
Chapter 17.11
GEOLOGICALLY HAZARDOUS AREASSections:
17.11.010 Purpose.
17.11.020 Definitions.
17.11.030 Hazardous areas.
17.11.037 Other hazard areas.
17.11.040 Regulation.
17.11.050 Geotechnical reports.
17.11.060 Performance standards.
17.11.070 Geotechnical assessments.
17.11.080 Buffer requirements.
17.11.090 Modifications to buffer width.
17.11.100 Building setback and construction near buffer.
17.11.110 On-site sewage disposal.
17.11.010 Purpose.
The intent of the classification and designation of geologically hazardous areas is to classify and designate areas on which development should be prohibited, restricted or otherwise controlled because of danger from geologic hazards. For the purpose of this chapter, geologically hazardous areas include areas susceptible to erosion, sliding, earthquake, or other geological events. (Ord. 1566-05 § 28, 2005; Ord. 1117 § 2, 1992).
17.11.020 Definitions.
A. “Alluvial geological unit” means recent stream, lake, swamp and beach deposits of gravel, sand, peat and silt.
B. “Buffer” is an area contiguous with a critical area that is required for the integrity, maintenance, function, and structural stability of the critical area.
C. “Clearing” means the removal of timber, brush, grass, ground cover, or other vegetative matter from a site which exposes the earth’s surface.
D. “Erosion” means the wearing away of the earth’s surface as a result of movement of wind, water, or ice.
E. “Erosion hazard areas” are areas that because of natural characteristics, including vegetative cover, soil texture, slope, gradient, and rainfall patterns, or manmade changes to such characteristics, are vulnerable to erosion.
F. “Geologically hazardous areas” are those areas that, because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to the siting of commercial, residential, or industrial development land uses because of concerns for public health, or safety.
G. “Geotechnical assessment” means an assessment prepared by a geologist or geotechnical engineer licensed as a civil engineer with the state of Washington, detailing the surface and subsurface conditions of a site and delineating the areas of a property subject to geologic hazards.
H. “Geotechnical report” means a report prepared by a geologist or geotechnical engineer licensed with the state of Washington as a civil engineer, which evaluates the site conditions and mitigating measures necessary to insure that the risks associated with geologic hazards are eliminated on the site proposed to be altered.
I. “Ground amplification” means an increase in the intensity of earthquake induced ground shaking which occurs at a site where thick deposits of unconsolidated soil or surficial geologic materials are present.
J. “Landslide” means the abrupt down slope movement of soil, rocks, or other surface matter on a site. Landslides include, but are not limited to, slumps, mudflows, earthflows, rockfall, and snow avalanches.
K. “Landslide hazard areas” are areas potentially subject to risk of mass movement due to a combination geologic, topographic, and hydrologic factors.
L. “Liquefaction” means a process by which a water saturated granular (sandy) soil layer loses strength because of ground shaking commonly caused by an earthquake.
M. “Recessional outwash geologic unit” means sand and gravel materials deposited by melt-water streams from receding glaciers.
N. “Seismic hazard areas” are areas subject to severe risk of damage as a result of earthquake induced ground shaking, slope failure, settlement, or soil liquefaction.
O. “Toe of slope” is a distinct topographic break in slope at the lower most limit of an area where the ground surface drops 10 feet or more vertically within a horizontal distance of 25 feet.
P. “Top of slope” is a distinct topographic break in slope at the upper most limit of an area where the ground surface drops 10 feet or more vertically within a horizontal distance of 25 feet. (Ord. 1117 § 3, 1992).
17.11.030 Hazardous areas.
A. Erosion hazard areas are:
1. Those areas that, because of natural characteristics, including vegetative cover, soil texture, slope, gradient, and rainfall patterns, or manmade changes to such characteristics, are vulnerable to erosion; or
2. Those areas identified by the United States Department of Agriculture Soil Conservation Service as having a “severe” rill and inter-rill erosion hazard.
B. Landslide hazard areas are:
1. Areas potentially subject to risk of mass movement due to geologic, topographic, or hydrologic factors.
2. Areas meeting the following criteria:
a. Areas delineated by the United States Department of Agriculture, Soil Conservation Service, as having a severe limitation, because of slope conditions, for building site development; or
b. Areas with all three of the following characteristics:
i. Slopes greater than 15 percent; and
ii. Hillsides intersecting geologic contacts with relatively permeable sediment overlying a relatively impermeable sediment of bedrock; and
iii. Springs or groundwater seepage; or
c. Areas potentially unstable as a result of rapid stream incision or stream bank erosion; or
d. Areas with visible signs of earth movement such as rockslides, earthflows, mudflows, and landslides; or
e. Those areas mapped by the Department of Ecology (Coastal Zone Atlas) or the Department of Natural Resources (slope stability mapping) as unstable (“U” or Class 3), unstable old slides (“UOS” or Class 4), or unstable recent slides (“URS” of Class 5); or
f. Areas designated as quaternary slumps, earthflows, mudflows, lahars, or landslides on maps published by the U.S. Geological Survey or Department of Natural Resources; or
g. Areas that have shown movement during the Holocene epoch (from 10,000 years ago to the present) or that are underlain or covered by mass wastage debris of that epoch; or
h. Slopes that are parallel or subparallel to planes of weakness (such as bedding planes, joint systems, and fault planes) in subsurface materials; or
i. Slopes having gradients steeper than 80 percent subject to rock fall during seismic shaking; or
j. Areas located on an alluvial fan, presently or potentially subject to inundation by debris flows or catastrophic flooding; or
k. Any area with a slope of 40 percent or steeper and with a vertical relief of 10 or more feet, except areas composed of consolidated rock. A slope is delineated by establishing its toe and top and measured by averaging the inclination over at least 10 feet of vertical relief. (Ord. 1566-05 § 29, 2005; Ord. 1117 § 4, 1992).
17.11.037 Other hazard areas.
Other hazard areas subject to the provisions of this chapter include those areas determined by the community development director to be susceptible to other geologic events including mass wasting, debris flows, rock falls, and differential settlement. (Ord. 1566-05 § 30, 2005).
17.11.040 Regulation.
For all regulated activities proposed within designated geologically hazardous areas, in addition to a critical areas report as required by FMC 17.05.085, a geotechnical report shall be prepared by a geologist or geotechnical engineer licensed in the state of Washington with experience analyzing geologic, hydrologic, and groundwater flow systems. If an applicant can demonstrate, through submittal of a geotechnical assessment, that no landslide or erosion hazards exist on site, the requirement for a geotechnical report may be waived by the community development director. (Ord. 1566-05 § 31, 2005; Ord. 1117 § 5, 1992).
17.11.050 Geotechnical reports.
A. If a geotechnical report is required it shall contain, at a minimum, the following information:
1. Site geology information required:
a. Topographic data: contour map of proposed site at a scale of one inch equals 200 feet, slopes shall be clearly delineated for the ranges between 15 and 29 percent and 30 percent and greater, including figures for area coverage of each slope category on the site.
b. Subsurface data: boring logs and exploratory methods, soil and rock stratigraphy, groundwater levels including seasonal changes.
c. Site history: description of any prior grading, soil instability, or slope failure.
d. Seismic hazard: data concerning the vulnerability of the site to seismic events.
2. Geotechnical engineering information required:
a. Slope stability studies and opinion of slope stability;
b. Proposed angles of cut and fill slopes and site grading requirements;
c. Structural foundation requirements and estimated foundation settlements;
d. Soil compaction criteria;
e. Proposed surface and subsurface drainage;
f. Lateral earth pressures;
g. Erosion vulnerability of site;
h. Suitability of on-site soil for fill;
i. Laboratory data and soil index properties for soil samples; and
j. Building limitations.
3. Site Evaluation. Evaluation of the ability of the site to accommodate the proposed activity.
B. Where a valid geotechnical report has been prepared within the last five years for a specific site, and where the proposed activity and surrounding site conditions are unchanged, said report may be utilized and a new report may not be required. The applicant shall submit a geotechnical assessment detailing any changed environmental conditions associated with the site. (Ord. 1117 § 6, 1992).
17.11.060 Performance standards.
The community development director shall evaluate all geotechnical reports for landslide and erosion hazard areas to insure that the following standards are met:
A. Location and Extent of Development.
1. Development must be located to minimize disturbance and removal of vegetation;
2. Structures must be clustered where possible to reduce disturbance and maintain natural topographic character; and
3. Structures should conform to the natural contours of the slope and foundations should be tiered where possible to conform to existing topography of the site.
B. Design of Development.
1. All development proposals shall be designed to minimize the footprint of the building and other disturbed areas;
2. All development proposals shall be designed to minimize coverage of lot with impervious materials;
3. Roads, walkways, and parking areas should be designed to parallel the natural contours of the site; and
4. Access shall be in the least sensitive area of the site.
C. Additional standards for slopes 30 percent or greater: All proposed development on slopes 30 percent or more should be avoided. (Ord. 1117 § 7, 1992).
17.11.070 Geotechnical assessments.
A. Should the applicant question the presence of landslide or erosion hazard areas on the site, the applicant may submit a geotechnical assessment prepared by a geologist or geotechnical engineer licensed as a professional civil engineer in the state of Washington.
B. The geotechnical assessment shall include at a minimum the following:
1. A discussion of the surface and subsurface geologic conditions of the site;
2. A site plan of the area delineating all areas of the site subject to landslide and erosion hazards based on mapping and criteria referenced in above. A map meeting the criteria set forth in FMC 17.11.050 above shall be included.
C. If the geotechnical assessment demonstrates, to the satisfaction of the community development director, that the proposed site is not located in any landslide and erosion hazard areas, then the requirements of this chapter shall not apply. (Ord. 1117 § 8, 1992).
17.11.080 Buffer requirements.
A. A buffer, consisting of native vegetation, and measured in a perpendicular distance from all edges, shall be required from the top of slope, toe of slope, and all sides of all landslide or erosion hazard areas that measure 10 feet or more in vertical elevation change from top to toe of slope, as identified in the geotechnical report, maps, and by field checking. Minimum buffer distance requirements for buffer areas are determined by the director to eliminate or minimize the risk of property damage, death or injury resulting from erosion and landslides caused in whole or in part by development, based upon review of a concurrence with the critical area report and geotechnical report prepared by a qualified professional.
1. The minimum buffer shall be equal to the height of the slope or 50 feet, whichever is greater.
2. The buffer may be reduced to a minimum of 10 feet when a qualified professional demonstrates to the director’s satisfaction that the reduction will adequately protect the proposed development, adjacent developments and uses and the subject critical area.
3. The buffer may be increased where the director determines a larger buffer is necess