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Title 19
ENVIRONMENTChapters:
19.04 SEPA Procedures and Policies
19.08 Shoreline Management Regulations
19.12 Sensitive Areas
Chapter 19.04
SEPA PROCEDURES AND POLICIESSections:
Article I. Generally
19.04.010 Adoption by reference of SEPA purpose and policy.
19.04.020 Adoption by reference of certain SEPA rules.
19.04.030 Additional definitions.
19.04.040 Designation of responsible official.
19.04.050 Responsibility of agencies – SEPA public information.
19.04.060 Lead agency determination and responsibilities.
19.04.070 Transfer of lead agency status to a state agency.
19.04.080 Additional consideration of time limits applicable to the SEPA process.
19.04.090 Additional timing considerations.
Article II. Categorical Exemptions and Threshold Determinations
19.04.100 Adoption by reference.
19.04.110 Flexible thresholds for categorical exemptions.
19.04.120 Use of exemptions.
19.04.130 Environmental checklist.
19.04.140 Mitigated DNS.
Article III. Environmental Impact
Statement (EIS)19.04.150 Adoption by reference.
19.04.160 Preparation of EIS – Additional considerations.
19.04.170 Additional elements to be covered in an EIS.
Article IV. Commenting
19.04.180 Adoption by reference.
19.04.190 Public notice.
19.04.200 Designation of official to perform consulted agency responsibilities for the city.
Article V. Using Existing Environmental Documents
19.04.210 Adoption by reference.
Article VI. Sepa and Agency Decisions
19.04.220 Adoption by reference.
19.04.230 Substantive authority.
Article VII. Definitions
19.04.240 Adoption by reference.
Article VIII. Categorical Exemptions
19.04.250 Adoption by reference.
Article IX. Agency Compliance
19.04.260 Adoption by reference.
19.04.270 Severability.
Article X. Forms
19.04.280 Adoption by reference.
Article I. Generally
19.04.010 Adoption by reference of SEPA purpose and policy.
The city of Snoqualmie, King County, Washington, adopts the ordinance codified in this chapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA Rules, WAC 197-11-904.
This chapter contains this city’s SEPA procedures and implements the purposes and policies of SEPA, RCW 43.21C.010 and 43.21C.020, which are adopted by reference.
The ordinance codified in this chapter adopts many of the statewide SEPA rules by reference. The SEPA rules, Chapter 197-11 WAC, should therefore be referred to in conjunction with this chapter. (Ord. 546 § 2, 1985).
19.04.020 Adoption by reference of certain SEPA rules.
The city adopts the following sections or subsections of Chapter 197-11 WAC by reference:
197-11-040 Definitions.
197-11-050 Lead agency.
197-11-055 Timing of the SEPA procedures.
197-11-060 Content of environmental review.
197-11-070 Limitations on action during SEPA process.
197-11-080 Incomplete or unavailable information.
197-11-090 Supporting documents.
197-11-100 Information required of applicants.
(Ord. 546 § 2, 1985).
19.04.030 Additional definitions.
In addition to those definitions contained within WAC 197-11-700 through 799, when used in this chapter, the following terms shall have the following meanings, unless the context indicates otherwise:
A. “Department” means any division, subdivision or organizational unit of the city established by ordinance, rule or order.
B. “SEPA rules” means Chapter 197-11 WAC adopted by the Department of Ecology.
C. “Ordinance” means the ordinance, resolution, or other procedure used by the city to adopt regulatory requirements.
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 DNS procedures). (Ord. 546 § 2, 1985).
19.04.040 Designation of responsible official.
For those proposals for which the city is the lead agency, the responsible official shall be the city planning official. For these proposals, the responsible official shall make the threshold determination, supervise scoping and preparation of any required EIS, and perform any other functions assigned to the “lead agency” or “responsible official” by those sections of the SEPA rules that are adopted by reference in this chapter. (Ord. 546 § 2, 1985).
19.04.050 Responsibility of agencies – SEPA public information.
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. 546 § 2, 1985).
19.04.060 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 WAC 197-11-922 through WAC 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 determine 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 city 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 environmental 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 the agency originally making the determination and resolve within 15 days of receipt of the determination, or the city must petition the Department of Ecology for a lead agency determination under WAC 197-11-956 within the 15-day time period. Any such petition on behalf of the city may be initiated by the city planning official.
E. Departments of the city are authorized to make agreements as to 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 and any department that will incur responsibilities as the result of such agreements must approve the agreement.
F. Any department making a lead agency determination for a private project 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. 546 § 2, 1985).
19.04.070 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 city’s 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 city’s 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 of the city shall also give notice of the transfer to the private applicant and any other agencies with jurisdiction over the proposal. (Ord. 546 § 2, 1985).
19.04.080 Additional consideration of time limits applicable to the SEPA process.
The following time limits (expressed in calendar days) shall apply when the city processes licenses for all private projects and those governmental proposals submitted to the city by other agencies:
A. Categorical Exemptions. The city shall identify whether an action is categorically exempt within 15 days of receiving a completed application.
B. Threshold Determinations.
1. Further Clarification of 15-Day Period for Threshold Determination. The city should complete threshold determinations that can be based solely upon review of the environmental checklist for the proposal within 21 days of the date an applicant’s adequate application and completed checklist are submitted.
2. When the responsible official requires further information from the applicant or consultation with other agencies with jurisdiction:
a. The city should request such further information within 15 days of receiving an adequate application and completed environmental checklist;
b. The city shall wait no longer than 21 days for a consulted agency to respond;
c. The responsible official should complete the threshold determination within seven days of receiving the requested information from the application or the consulted agency.
3. When the city must initiate further studies, including field investigations, to obtain the information to make the threshold determination, the city should complete the studies within a reasonable time of receiving an adequate application and a completed checklist.
4. The city shall complete threshold determinations on actions where the applicant recommends in writing that the EIS be prepared, because of the probable significant adverse environmental impact(s) described in the application, within 30 days of receiving an adequate application and completed checklist.
C. Environmental Impact Statements. Environmental impact statements shall be completed within a period to be set by the responsible official not to exceed 180 days, unless the city and the proponent of the action agree in writing to a longer time. The time period allowed for preparation of the environmental impact statement shall be included in the determination of significance. (Ord. 769 § 36, 1996; Ord. 546 § 2, 1985).
19.04.090 Additional timing considerations.
A. For nonexempt proposals, the DNS or draft EIS for the proposal shall accompany the city’s 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. The point at which environmental review may be initiated for specific permits or other licenses requiring detailed project plans and specifications shall be determined by the planning official, depending upon whether he deems the detailed plans necessary to assess the impact of the proposed action. (Ord. 546 § 2, 1985).
Article II. Categorical Exemptions and Threshold Determinations
19.04.100 Adoption by reference.
This article contains the rules for deciding whether a proposal has a “probable significant, adverse environmental impact” requiring an environmental impact statement (EIS) to be prepared. This article also contains rules for evaluating the impacts of proposals not requiring an EIS. The city adopts the following sections by reference, as supplemented in this article:
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. 546 § 2, 1985).
19.04.110 Flexible thresholds for categorical exemptions.
A. The city establishes the following exempt levels for minor new construction under WAC 197-11-800(1)(b) based on local conditions:
1. For residential dwelling units in WAC 197-11-800(1)(b)(i): up to 12 dwelling units;
2. For agricultural structures in WAC 197-11-800(1)(b)(ii): up to 20,000 square feet;
3. For office, school, commercial, recreational, service or storage buildings in WAC 197-11-800(1)(b)(iii): up to 10,000 square feet and up to 20 parking spaces;
4. For parking lots in WAC 197-11-800(1)(b)(v): up to 20 parking spaces;
5. For landfills and excavations in WAC 197-11-800(l)(b)(v): up to 100 cubic yards.
B. Whenever the city establishes new exempt levels under this section, it shall send them to the Department of Ecology, headquarters office, Olympia, Washington, under WAC 197-11-300(1)(c). (Ord. 546 § 2, 1985).
19.04.120 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 chapter 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 a 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:
1. The city shall not give authorization for:
a. Any nonexempt action,
b. Any action that would have an adverse environmental impact, or
c. Any action that would limit the choice of alternatives;
2. 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 action(s) were not approved; and
3. 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. 546 § 2, 1985).
19.04.130 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. 546 § 2, 1985).
19.04.140 Mitigated DNS.
A. As provided in this section and in WAC 197-11-350, the responsible official may issue a determination of nonsignificance (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 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 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, the city shall issue and circulate a determination of nonsignificance under WAC 197-11-340(2).
2. If the city indicated areas of concern, but did not indicate specific mitigation 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 storm water runoff” are inadequate, whereas proposals to “muffle machinery to X decibel” or “construct 200-foot storm water 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. A mitigated DNS is issued under WAC 197-11-340(2), requiring 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)(a) (Withdrawal of DNS).
I. The city’s written response under subsection B of this section shall not be construed as a 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. 546 § 2, 1985).
Article III. Environmental Impact Statement (EIS)
19.04.150 Adoption by reference.
This article contains the rules for preparing environmental impact statements. The city adopts the following sections by reference, as supplemented by this article:
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. 546 § 2, 1985).
19.04.160 Preparation of EIS – Additional considerations.
A. Preparation of draft and final EISs and SEISs is the responsibility of the responsible official. Before the city issues an EIS, the responsible official shall be satisfied that it complies with this chapter and Chapter 197-11 WAC.
B. The draft and final EIS or SEIS shall be prepared by city staff, the applicant, or by a consultant selected by the city or 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 draft and final EIS prior to distribution.
C. The city may require an applicant 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 chapter or that is being requested from another agency. (This does not apply to information the city may request under another ordinance or statute). (Ord. 546 § 2, 1985).
19.04.170 Additional elements to be covered in an EIS.
The following additional elements are part of the environment for the purpose of EIS content, but do not add to the criteria for threshold determinations or perform any other function or purpose under this chapter:
A. Economy;
B. Social policy analysis;
C. Cost-benefit analysis. (Ord. 546 § 2, 1985).
Article IV. Commenting
19.04.180 Adoption by reference.
This article contains rules for consulting, commenting, and responding on all environmental documents under SEPA, including rules for public notice and hearings. The city adopts the following sections by reference, as supplemented in this article:
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. 546 § 2, 1985).
19.04.190 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:
a. Posting the property, for site-specific proposals;
b. Publishing notice in a newspaper of general circulation in the county, city or general area where the proposal is located;
c. Notifying the public or private groups which have expressed interest in a certain proposal or in the type of proposal being considered.
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.
B. Whenever the city issues a draft EIS under WAC 197-11-455(5) or a supplemental EIS under WAC 197-11-620, notice of the availability of those documents shall be given by:
1. Indicating the availability of the DEIS in any public notice required for a nonexempt license;
2. Posting the property, for site-specific proposals;
3. Publishing notice in a newspaper of general circulation in the county, city or general area where the proposal is located;
4. Notifying public or private groups which have expressed interest in a certain proposal or in the type of proposal being considered.
C. Whenever possible, the city shall instigate 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. 546 § 2, 1985).
19.04.200 Designation of official to perform consulted agency responsibilities for the city.
A. The planning official shall be responsible for preparation of written comments for the city in response to a consultation request prior to a threshold determination, participation in scoping, or reviewing a draft EIS.
B. This planning official 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. 546 § 2, 1985).
Article V. Using Existing Environmental Documents
19.04.210 Adoption by reference.
This article contains rules for using and supplementing existing environmental documents prepared under SEPA or NEPA for the city’s own environmental compliance. The city adopts the following sections by reference:
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. 546 § 2, 1985).
Article VI. Sepa and Agency Decisions
19.04.220 Adoption by reference.
This article contains rules (and policies) for SEPA’s substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This article also contains procedures for appealing SEPA determinations to agencies or the courts. The city adopts the following sections by reference:
197-11-650 Purpose of this part.
197-11-655 Implementation.
197-11-660 Substantive authority and mitigation.
197-11-680 Appeals.
197-11-700 Definitions.
(Ord. 546 § 2, 1985).
19.04.230 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 chapter; and
2. Such conditions are in writing; and
3. The mitigation measures included in such conditions are reasonable and capable of being accomplished; and
4. The city has considered whether other local, state or federal mitigations 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 D 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 final EIS or final supplemental EIS prepared pursuant to this chapter; and
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 D of this section and identified in writing in the decision document.
D. As a basis for the city’s exercise of authority under this section, the city designates and adopts by reference the following:
1. RCW 43.21C.020(2), providing that 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:
a. Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;
b. Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings;
c. Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;
d. Preserve important historic, cultural and natural aspects of our national heritage;
e. Maintain, wherever possible, an environment which supports diversity and variety of individual choice;
f. Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life’s amenities; and
g. Enhance the quality of renewable resource and approach the maximum attainable recycling of depletable resources.
2. RCW 43.21C.020(3), providing that the city recognizes that each persona has a fundamental and inalienable right to a healthful environment and that each persona has a responsibility to contribute to the preservation and enhancement of the environment.
3. RCW 36.70A.050 and 36.70A.060 and WAC 365-190-050 and 365-190-060 to guide the city’s decisions affecting agricultural, forest and mineral resource lands until such time as the city has revised its comprehensive plan and development regulations to address these resource lands.
4. The following city codes, ordinances, resolutions and plans:
a. Snoqualmie vicinity comprehensive plan, and amendments thereto;
b. Comprehensive water plan;
c. Comprehensive sewer plan;
d. Six-year street improvement plan;
e. Snoqualmie shorelines master program;
f. SMC Title 17, Snoqualmie zoning code;
g. Chapter 19.08 SMC, shoreline management regulations;
h. Chapter 16.08 SMC, short subdivisions;
i. Chapter 16.12 SMC, binding site improvement;
j. Chapter 12.16 SMC, street design standards;
k. Chapter 15.12 SMC, flood hazard regulations;
l. Chapter 15.04 SMC, adoption of Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, Uniform Abatement of Dangerous Buildings Code and Uniform Fire Code;
m. SMC 15.16.090 and 15.16.100, fire flow requirements;
n. SMC 15.16.010 through 15.16.080, land use certification; and
o. Chapter 19.12 SMC, sensitive areas. (Ord. 666 § 1, 1991; Ord. 663 § 2, 1991; Ord. 635 § 1, 1990; Ord. 546 § 2, 1985).
Article VII. Definitions
19.04.240 Adoption by reference.
This article contains uniform usage and definitions of terms under SEPA. The city adopts the following sections by reference, as supplemented by WAC 173-806-040 above.
197-11-702 Act.
197-11-704 Action.
197-11-706 Addendum.
197-11-708 Adoption.
197-11-710 Affected tribe.
197-11-712 Affecting.
197-11-714 Agency.
197-11-716 Applicant.
197-11-718 Built environment.
197-11-720 Categorical exemption.
197-11-722 Consolidated appeal.
197-11-724 Consulted agency.
197-11-726 Cost-benefit analysis.
197-11-728 City.
197-11-730 Decisionmaker.
197-11-732 Department.
197-11-734 Determination of nonsignificance (DNS).
197-11-736 Determination of significance (DS).
197-11-738 EIS.
197-11-740 Environment.
197-11-741 Environmental checklist.
197-11-744 Environmental document.
197-11-746 Environmental review.
197-11-748 Environmentally sensitive area.
197-11-750 Expanded scoping.
197-11-752 Impacts.
197-11-754 Incorporation by reference.
197-11-756 Lands covered by water.
197-11-758 Lead agency.
197-11-760 License.
197-11-762 Local agency.
197-11-764 Major action.
197-11-766 Mitigated DNS.
197-11-768 Mitigation.
197-11-770 Natural environment.
197-11-772 NEPA.
197-11-774 Nonproject.
197-11-776 Phased review.
197-11-778 Preparation.
197-11-780 Private project.
197-11-782 Probable.
197-11-784 Proposal.
197-11-786 Reasonable alternative.
197-11-788 Responsible official.
197-11-790 SEPA.
197-11-792 Scope.
197-11-793 Scoping.
197-11-794 Significant.
197-11-796 State agency.
197-11-797 Threshold determination.
197-11-799 Underlying governmental action.
(Ord. 546 § 2, 1985).
Article VIII. Categorical Exemptions
19.04.250 Adoption by reference.
The city adopts by reference the following rules for categorical exemptions, as supplemented in this chapter, including WAC 173-806-190 (environmental sensitive areas):
197-11-800 Categorical exemptions.
197-11-880 Emergencies.
197-11-890 Petitioning DOE to change exemptions.
(Ord. 546 § 2, 1985).
Article IX. Agency Compliance
19.04.260 Adoption by reference.
This article contains rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, designating environmental sensitive areas, listing agencies with environmental expertise, selecting the lead agency, and applying these rules to current agency activities. The city adopts the following sections by reference, as supplemented by the WAC 173-806-045 through 173-806-043 and this article:
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 Lead agency for private projects with one agency with jurisdiction.
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 agency 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. 546 § 2, 1985).
19.04.270 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. 546 § 2, 1985).
Article X. Forms
19.04.280 Adoption by reference.
The city adopts the following forms and sections by reference as supplemented by this article:
197-11-960 Environmental checklist.
197-11-965 Adoption notice.
197-11-970 Determination of nonsignificance (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. 546 § 2, 1985).
Chapter 19.08
SHORELINE MANAGEMENT REGULATIONSSections:
Article I. Policies
19.08.010 Adoption by reference – Policies.
19.08.020 Policy.
Article II. Definitions
19.08.030 Adoption by reference – Definitions.
19.08.040 Additional definitions.
Article III. Substantive Provisions
19.08.050 Application of zoning and other regulations.
19.08.060 Shoreline environments designated.
19.08.070 Allowable uses within shoreline environments.
19.08.080 Commercial development.
19.08.090 Outdoor advertising, signs and billboards.
19.08.100 Residential development.
19.08.110 Utilities.
19.08.120 Industry and manufacturing.
19.08.130 Landfill.
19.08.140 Dredging.
19.08.150 Shoreline protection.
19.08.160 Road and railroad design and construction.
19.08.170 Archeological areas and historical sites.
19.08.180 Recreation.
19.08.190 Nonconformities.
Article IV. Administrative Provisions
19.08.200 Administrator.
19.08.210 Hearing board.
19.08.220 Permits required.
19.08.230 Permit applications.
19.08.240 Permit review.
19.08.250 Rescission of permit.
19.08.260 Notification.
19.08.270 Variances and conditional use permits.
19.08.280 Interpretation.
19.08.290 Appeal.
19.08.300 Amendments and boundary changes.
19.08.310 Public hearing rules.
19.08.320 Penalties.
19.08.330 Enforcement.
19.08.340 Other permits and certificates.
19.08.350 Severability.
Article I. Policies
19.08.010 Adoption by reference – Policies.
The city adopts by reference the policies of the Shoreline Management Act of 1971, Chapter 90.58 RCW, as they now exist, or may hereafter be amended by the legislature. (Ord. 588 § 1, 1986).
19.08.020 Policy.
The city has enunciated its specific findings and policy with respect to shoreline management, which is set forth in a document entitled “Snoqualmie Shoreline Management Master Program,” which as it now exists, or may hereafter be amended, is designated as the official statement of policy for purposes of interpretation or clarification of the regulations established in this chapter. (Ord. 588 § 1, 1986).
Article II. Definitions
19.08.030 Adoption by reference – Definitions.
The city adopts by reference the definitions of the Shoreline Management Act of 1971, Chapter 90.58 RCW (“the Act”) and the Shoreline Management Act Guidelines for Development of Master Programs, Chapter 173-16 WAC (“the Guidelines”), as they now exist, or may hereafter be amended by the legislature or Department of Ecology, respectively. (Ord. 588 § 1, 1986).
19.08.040 Additional definitions.
In addition to the definitions contained in the Act and the guidelines, the following terms shall have the following meanings as used in this chapter, unless the context requires otherwise:
A. “Commercial development” means any activity involving or facilities for wholesale or retail trade, services and business activities, including by way of illustration hotels, motels, shops, stores, restaurants and offices, but not including manufacturing or residential uses.
B. “Dredging” means the removal of earth from the bottom of a stream, river, lake, bay or other body of water for the purpose of deepening a navigational channel or sustaining a use of the bottom materials for landfill.
C. “Industry and manufacturing” means any activity involving or facility for manufacturing, processing, packaging or storing finished or semi-finished goods.
D. “Landfill” means the creation of dry upland areas by filling or depositing sand, soil or gravel into a wetland area.
E. “Map” means the officially designated Shoreline Environments Map developed as part of the Snoqualmie Shoreline Management Master Program.
F. “Recreation” means any activity intended primarily for the refreshment of body and mind through forms of play, amusement and relaxation.
G. “Residential development” means any residential use, as well as the subdivision of land.
H. “Signs and advertising” means any publicly displayed material, whether consisting of graphics or text or both, whose purpose is to provide information, direction or commercial or noncommercial advertising.
I. “Utility” means any service which produces or carries electric power, gas, sewage, communications and oil. (Ord. 588 § 1, 1986).
Article III. Substantive Provisions
19.08.050 Application of zoning and other regulations.
These shoreline regulations impose special regulations required to protect the unique character of shorelines. They are not intended to permit any use which is not otherwise allowable within the shorelines under the zoning regulations or other regulations of general applicability, including but not limited to flood hazard regulations, platting and subdivision regulations and building regulations. (Ord. 588 § 1, 1986).
19.08.060 Shoreline environments designated.
There are established the following shoreline environments for land located within the corporate limits of the city:
A. Natural Environment. The natural environment shall be that area along both banks of the Snoqualmie River within 200 feet of the ordinary high water mark, from a point 300 feet downstream from the crest of the Snoqualmie Falls to the northerly corporate limits.
B. Conservancy Environment. The conservancy environment shall be that area along both banks of Kimball Creek within 200 feet of the ordinary high water mark, from the confluence at Coal Creek to its mouth at the Snoqualmie River; the southwesterly bank of the Snoqualmie River, within 200 feet of the ordinary high water mark, from Bruce Street to a point 300 feet downstream from the crest of the Snoqualmie Falls; and that area along the north bank of the Snoqualmie River, within 200 feet of the ordinary high water mark, east from the SR 202 bridge crossing to the easterly corporate limit of the annexed property, approximately 950 feet upstream from the SR 202 bridge.
C. Urban Riverfront Environment. The urban riverfront environment is that area along the south bank of the Snoqualmie River within 200 feet of the ordinary high water mark, from the easterly corporate limits to Bruce Street extended, and that area along the north bank of the Snoqualmie River within 200 feet of the ordinary high water mark, from the SR 202 bridge crossing to a point 300 feet downstream from the crest of the Snoqualmie Falls.
D. Urban Floodplain Environment. The urban floodplain environment is all that area within the 100-year floodplain not designated as natural, conservancy or urban riverfront. (Ord. 680 § 1, 1992; Ord. 588 § 1, 1986).
19.08.070 Allowable uses within shoreline environments.
When otherwise allowable by regulations of general applicability, and when consistent with the policies and objectives of the Snoqualmie Vicinity Comprehensive Plan, the following uses shall be permitted within the respective shoreline environments:
A. Natural environment:
1. Single-family residential (conditional use);
2. Parks (conditional use);
3. Open space.
B. Conservancy environment:
1. Single-family residential (conditional use);
2. Parks (conditional use);
3. Open space.
C. Urban riverfront environment:
1. Single-family residential;
2. Multifamily residential (conditional use);
3. Business and commercial (conditional use);
4. Parks (conditional use);
5. Mobile home parks (conditional use);
6. Open space;
7. Landfill (conditional use);
8. Shoreline protection;
9. Roads and railroads.
D. Urban floodplain environment:
1. Single-family residential;
2. Multifamily residential;
3. Business and commercial;
4. Offices;
5. Outdoor advertising;
6. Mobile home parks;
7. Parks;
8. Open space;
9. Landfill;
10. Roads and railroads;
11. Recreation. (Ord. 588 § 1, 1986).
19.08.080 Commercial development.
The following performance standards shall be required, in addition to all other applicable regulations, for commercial development within the shorelines of the city:
A. Multiple use concepts, including open space, recreation and open view areas, shall be employed in developing commercial areas. Features such as viewing sites, promenades, benches, shelters, areas for passive recreation and/or access easements may be required as a condition of approval of substantial development permits.
B. Commercial development shall be located, designed, constructed and maintained to incorporate and preserve natural features of the shoreline.
C. Commercial structures shall be prohibited over the water, except for recreational uses necessary to enhance public use of the waterfront.
D. On-site parking shall be located landward of buildings, and shall be located, designed and screened to have minimal visual impact. Design shall be provided for storm water retention, and shall ensure that surface runoff does not pollute adjacent receiving waters or cause soil erosion.
E. There shall be no disruption of trees or natural vegetation along the shoreline unless for public safety, scenic consideration, public access or the footprint of a new or expanded structure.
F. There shall be a height limitation on new or expanded structures of 35 feet measured from average grade level, except that the ridge of pitched roofs on principal structures may extend up to five feet above this height. As used in this subsection, “average grade level” means the average of the natural or existing topography of the portion of the lot, parcel or tract of real property which will be directly beneath the footprint of the proposed building or structure.
G. The setback from the ordinary high water mark for commercial structures within the shoreline, except recreational structures necessary to enhance public use of the waterfront, shall be 100 feet, except where a stable bank more than 25 feet high exists, the setback may be reduced to 75 feet. (Ord. 588 § 1, 1986).
19.08.090 Outdoor advertising, signs and billboards.
Outdoor advertising, signs and billboards shall be permitted within the shorelines of the city only when they comply with the following:
A. Signs shall be designed and constructed in a manner which minimizes visual obstruction of the shoreline.
B. The size, height and density of outdoor advertising, signs and billboards shall be in strict conformity with the zoning regulations and any other applicable regulations.
C. Road signs pointing out only directions to recreational areas or points of interest will be permitted. (Ord. 588 § 1, 1986).
19.08.100 Residential development.
Residential development shall be permitted within the shorelines of the city only when it complies with the following:
A. Subdivisions shall be designed at a level of density of site coverage and occupancy compatible with the physical capabilities of the shoreline and water.
B. Subdivisions shall be designed so as to adequately protect the water and shorelines within the subdivision.
C. Subdivisions may be required as a condition of approval of a substantial development permit to permit public pedestrian access to the shoreline within the subdivision where feasible.
D. No residential development shall be permitted over the water.
E. A plan shall be required from proponents of residential development within the shoreline environments for the preservation of shoreline vegetation and the control of erosion during construction.
F. Sewage disposal facilities, as well as water supply facilities, shall be provided in accordance with all applicable state and local health regulations. Storm drainage facilities shall be separate from sewage disposal systems.
G. Adequate water supplies shall be available so that ground water quality will not be endangered by excessive pumping. (Ord. 588 § 1, 1986).
19.08.110 Utilities.
Utilities shall be permitted within the shorelines of the city only when they comply with the following:
A. Upon completion of installation or maintenance of utilities projects within the shoreline, banks shall be restored to preproject configuration, replanted with native species and provided with maintenance until the newly planted vegetation is established.
B. Whenever utilities facilities must be placed within a shoreline, the location shall be chosen so as not to obstruct or destroy scenic views. When feasible, such facilities, except 115 kv or 230 kv transmission lines, shall be placed underground, or designed to reduce aesthetic impact upon the shoreline area.
C. Public access to and along bodies of water occupied by major utilities corridors may be required as a condition of granting of substantial development permits.
D. Due consideration shall be given to the needs of future populations in locating utilities sites. (Ord. 588 § 1, 1986).
19.08.120 Industry and manufacturing.
New and expanded industry and manufacturing facilities are prohibited within the shorelines of the city. (Ord. 588 § 1, 1986).
19.08.130 Landfill.
Landfill shall be permitted within the shorelines of the city only when it complies with the following:
A. Priority shall be given to landfills for water-dependent uses and for public uses.
B. Dredging for fill materials only is prohibited.
C. Fill materials shall be of such quality that they will not cause problems of water quality.
D. Shoreline fills or cuts shall be designed and located so that significant damage to existing ecological values or natural resources, or alteration of local currents, will not occur, resulting in the damage to adjacent life, property or natural resource systems.
E. All provisions of the flood hazard regulations shall be strictly applied. (Ord. 588 § 1, 1986).
19.08.140 Dredging.
All dredging done within the Snoqualmie River within the natural environment shall comply with all existing permits and federal, state and local laws and regulations. (Ord. 588 § 1, 1986).
19.08.150 Shoreline protection.
Shoreline protection shall comply with the following:
A. All rip-rapping, channelization and other methods of bank stabilization shall comply with federal, state and local laws and regulations.
B. Compliance with all existing permits shall be required.
C. Where bank stabilization has occurred, the planting of natural vegetation may be required. (Ord. 588 § 1, 1986).
19.08.160 Road and railroad design and construction.
Road and railroad construction shall be permitted within the shorelines of the city only when the following are met:
A. Major highways, freeways and railroads shall not be located within the shorelines of the city unless no other feasible alternative is available.
B. Roads and railroads located in wetland areas shall be designated and maintained to prevent erosion and to permit a natural movement of ground water.
C. All debris, overburden and other waste materials from construction shall be disposed of in such a manner as to prevent their entry by erosion from drainage, high water or other means into any body of water.
D. Road locations shall be planned to fit the topography to minimize alterations of natural conditions.
E. Scenic corridors with public roadways shall have provisions for safe pedestrian and other nonmotorized travel. Provision shall also be made for sufficient view points, rest areas and picnic areas on public shorelines.
F. Extensive loops or spurs of old highways with high aesthetic quality shall be kept in service as pleasure bypass routes, especially where main highways paralleling the old highway must carry large traffic volumes at high speeds.
G. Plans for land use and transportation facilities shall be coordinated. (Ord. 588 § 1, 1986).
19.08.170 Archeological areas and historical sites.
In the event of archeological finds or historical designation of any area within the shorelines of the city, referral shall be made to the responsible official designated by the legislature for administration of the National Historic Preservation Act of 1966 and Chapter 43.51 RCW. (Ord. 588 § 1, 1986).
19.08.180 Recreation.
Recreation shall be permitted within the shorelines of the city as follows:
A. Priority shall be given to developments which provide recreational uses and other improvements facilitating public access to shorelines.
B. Access to recreational locations such as fishing streams and hunting areas shall be provided by means of spaces and linear access, such as parking areas and easements, by way of illustration, to prevent concentrations of use pressure at a small number of sites.
C. The linkage of shoreline parks and public access points shall be encouraged through the use of linear access where feasible, such as hiking paths, bicycle trails or scenic drives.
D. Due considerations shall be given to the effect of a proposed recreational development upon environmental quality and natural resources in the area.
E. Scenic views and vistas shall be preserved.
F. Parking areas shall be located inland away from the immediate edge of the water and recreational beaches.
G. Due consideration shall be given to the variety of available recreational sites to satisfy the needs of diverse groups in nearby population centers.
H. The total quantity of recreational development permitted in an area shall be proportional to the proximity of population and compatible with the shoreline environment designations.
I. Sites proposed for intensive recreational development shall be approved only where sewage disposal and vector control can be accomplished to meet health standards without adversely altering the natural features attractive for recreational use.
J. Provision shall be made in locating proposed recreational developments which use large quantities of fertilizers and pesticides in turf maintenance, such as golf courses and playfields, to prevent such chemicals from entering the water. Provision shall also be made for protection of water areas from drainage and surface runoff.
K. State and local health agencies which have regulations governing recreational facilities and watercraft shall be consulted in determining use restrictions and issuing permits, as appropriate. (Ord. 588 § 1, 1986).
19.08.190 Nonconformities.
Structures lawfully existing and maintained or for which all required permits have been issued, and uses or activities on-going, as of the effective date of this chapter, but not in conformance with the requirements hereof, shall be subject to the following:
A. Structures. Nonconforming structures may continue to exist or construction thereof be completed, as follows:
1. No nonconforming structures may be expanded, except in conformity to this chapter.
2. Maintenance and improvement shall be permitted, provided, such maintenance or improvement does not increase the exterior dimensions of the structure.
3. Uses within nonconforming structures may be changed only to other permitted uses.
B. Uses. Nonconforming uses may continue, as follows:
1. Nonconforming uses or activities that can be ceased without cost to the user or actor shall cease forthwith upon notification from the administrator.
2. Nonconforming uses or activities that can be altered to conformance without significant impairment of their essential function shall be so altered upon notification from the administrator.
3. Nonconforming uses or activities that will result in increasing or long-term damage to the environment shall cease upon a finding by the hearing board that such increasing or long-term damage is likely to result unless the use or activity is abated.
4. Nonconforming uses discontinued for a period of one year or more shall not be re-established. (Ord. 588 § 1, 1986).
Article IV. Administrative Provisions
19.08.200 Administrator.
A. The mayor shall appoint an administrator for the purpose of administration of this chapter.
B. It shall be the duty of the administrator to perform all of the duties ascribed to him by this chapter, to serve as secretary and staff to the hearing board and to administer the permit and notification systems established by this chapter. The administrator shall familiarize himself to the extent possible with other regulations pertaining to shorelines and their use, and within the limits of his authority, shall cooperate with other agencies in the administration of such other regulations. (Ord. 588 § 1, 1986).
19.08.210 Hearing board.
A. There is created a hearing board to perform the duties ascribed to it by this chapter. The board shall consist of five members, to be appointed by the mayor for terms of four years. Eligibility for appointment to the board shall be as follows:
1. At least two members shall be residents of the city of Snoqualmie;
2. One member shall be a city staff employee other than the city administrator;
3. One member shall be a resident of unincorporated King County within the city’s urban growth area;
4. One member shall be a member of the city’s flood task force, if such a body is in existence at the time of the appointment; otherwise, this member shall be, in order of preference, either a resident of the city or a resident of unincorporated King County within the city’s urban growth area.
B. Meetings of the hearing board may be held anywhere within the corporate limits. Regular meetings shall be as established by resolution of the hearing board. All meetings shall be open to the public and media at all times. Meetings may be called by the chairman or administrator at any time, or by motion of the board during a previous meeting.
C. Hearings required by this chapter shall be scheduled during the last 10 days of the 30-day local review provided in the permit procedure. Decisions shall be rendered as soon as possible after the expiration of the 30-day review, and not more than 15 days after the expiration of review. (Ord. 854 § 1, 2000; Ord. 840 § 1, 1999; Ord. 588 § 1, 1986).
19.08.220 Permits required.
A. A substantial development permit is required prior to commencement of construction of a structure or commencement of a use or activity constituting “substantial development” as defined in subsection B of this section, which is not categorically exempt, within the shorelines of the city.
B. “Substantial development” means any development of which the total cost or fair market value exceeds $2,500, or any development which materially interferes with the normal public use of the water or shorelines of the state, except the following shall not be deemed substantial development:
1. Normal maintenance or repair of existing structures or developments, including damage by accident, fire or elements;
2. Construction of the normal protective bulkhead common to single-family residences;
3. Emergency construction necessary to protect property from damage by the elements;
4. Construction of a barn or similar agricultural structure on wetlands;
5. Construction or modification of navigational aids such as channel markers and anchor buoys;
6. Construction on wetlands by an owner, lessee or contract purchaser of a single-family residence for his own use or for the use of his family, which residence does not exceed a height of 35 feet above average grade level and which meets all requirements of the state agency or local government having jurisdiction thereof, other than regulations imposed by this chapter;
7. Construction of a dock designed for pleasure craft only, for the private noncommercial use of the owner, lessee or contract purchaser of a single-family residence, the cost of which dock does not exceed $2,500.
C. The definition of “substantial development,” as set forth in subsection B of this section, is intended to conform to the definition thereof in Chapter 98.50 RCW, and subsection B shall be deemed amended immediately upon any future amendment of the definition of “substantial development” in Chapter 98.50 RCW by the legislature. (Ord. 588 § 1, 1986).
19.08.230 Permit applications.
A. When a substantial development permit is required for a proposed development, the proponent of the development shall apply for such permit on a form provided by the administrator. The permit application shall contain the following information:
1. The name, address and telephone number of the applicant;
2. The name, address and telephone number of the property owner;
3. A legal description of the property;
4. A common description of the property;
5. The name of the associated shoreline or wetland;
6. The current use of the property and description of existing improvements;
7. The proposed use of the property;
8. The nature of the existing shoreline;
9. A site plan sufficient to fully explain the intended development, including the following:
a. Site boundaries,
b. Property dimensions in vicinity of proposed development,
c. Indication of size and placement of all existing and proposed structures,
d. Indication of size, grade, and profile of all roads or vehicular passageways,
e. Indication of all water supplies, sewage disposal facilities and solid waste handling facilities,
f. Relation of all physical developments to the associated shoreline or wetlands, and the location of the ordinary high water mark,
g. Scale drawings of all bridges or other structures to be built in, on or over streams, marches, swamps or lakes,
h. Identification of shorelands of statewide significance and environment designation, and
i. Typical cross-section or sections showing existing ground elevations, proposed ground elevations, height of existing structures and height of proposed structures;
10. The intended commencement and completion dates;
11. The reason, if any, why the proposed development requires a shoreline rather than a nonshoreline location;
12. If a variance is sought, the reasons therefor;
13. If a conditional use is sought, the reason therefor, including an explanation of any special features of the proposed development supporting the request;
14. The names and addresses of all property owners within 300 feet of the boundaries of the proposed development; and
15. The source, composition and volume of fill material to be used, if any.
B. The completed application shall be accompanied by the fee therefor, as established by the city council by resolution. The administrator shall not accept incomplete permit applications.
C. Receipt by the administrator of the completed application and fee shall commence the running of the time periods for permit review established in this chapter. (Ord. 588 § 1, 1986).
19.08.240 Permit review.
The permit review process shall be as follows:
A. Upon receipt by the administrator of the completed application and fee, the applicant shall cause two public notices of the application to be published in the official newspaper. These notices shall appear one week apart and contain the information required by the administrator. The administrator shall forthwith mail notice of the application to all property owners of record within 300 feet of the boundaries of the proposed development.
B. Commencing on the publication of the second of the two notices provided in subsection A of this section, there shall be a 30-day review period, during which period the administrator shall evaluate the application, collect relevant data and solicit communications from all persons and agencies wishing to express views on the application. The administrator shall transmit a copy of the application to the environment planning committee of the Sno-
qualmie planning commission for its review and comment. The administrator shall examine each application for conformity with the policies of the Snoqualmie Shoreline Management Master Program. If a variance or conditional use permit is sought, the administrator shall schedule a meeting of the hearings board for a public hearing thereon, to be scheduled within the last 10 days of the 30-day review period.
C. At the expiration of the 30-day review period, but within 45 days after the commencement thereof, the administrator shall issue a decision to approve or deny the application, and the hearings board shall issue a decision to approve or deny the variance or conditional use permit.
D. The administrator shall transmit the decision or decisions, findings and any other determinations by letter to the applicant, the Department of Ecology and the attorney general.
E. Upon receipt by the Department of Ecology of the decision upon the application for the substantial development permit, a further 30-day review period shall commence, during which appeal from the local government decision may be taken to the State Shorelines Hearing Board. When the local government decision is for approval of a variance or conditional use permit, the Department of Ecology shall have 30 days in which to approve, deny or condition the permit. A further 30-day review period shall commence when the Department of Ecology transmits its decision to the local government, during which period the applicant may take an appeal from the Department of Ecology decision to the State Shorelines Hearing Board.
F. If no appeal is taken from the decision of the local government, either by the Department of Ecology or others, the decision shall be deemed approved by the Department of Ecology, and at the expiration of the 45-day period, if the local government decision was to approve, and if all other required permits have been granted, the proposed development may proceed. In the event of an appeal, the proposed development may not begin until all appeals have been resolved by the State Hearings Board. (Ord. 588 § 1, 1986).
19.08.250 Rescission of permit.
The hearings board may rescind the permit and issue a stop work order if the conditions of the permit are not fulfilled or are violated, or if other applicable regulations under this chapter are violated. Any such rescission shall comply with RCW 90.58.190(8). (Ord. 588 § 1, 1986).
19.08.260 Notification.
A. The developments, uses and activities specified under subsection B of this section may occur with the shorelines of the city without the requirement of a substantial development permit, variance or conditional use permit. In order to effectuate the policies of the Snoqualmie Shoreline Management Master Program, such developments, uses and activities shall not be commenced until notification of intent has been given to the administrator. Such notification may be given by letter, telephone, transmittal from other agency permit requirements or other appropriate means, not less than one week prior to the proposed commencement date. Such notification shall include the following:
1. The name of the person or persons intending to perform the development, use or activity;
2. The name of the property owner;
3. The nature of the proposed development, use or activity;
4. The location of the property; and
5. The proposed commencement and completion dates.
B. The following are subject to the notification requirement of subsection A of this section:
1. Construction of houses;
2. Logging operations not requiring a substantial development permit;
3. Herbicide, insecticide or other dangerous chemical application when a license is required by the Department of Agriculture;
4. The demolition or destruction of any building;
5. The clearing of land.
C. It shall be unlawful to fail to give a notice required by this section. The responsibility of providing notice shall devolve upon both the operator and the property owner. (Ord. 588 § 1, 1986).
19.08.270 Variances and conditional use permits.
A. It is the intention of the chapter both to protect the environment and to ensure that property owners may utilize their property in a fair and equitable manner. This policy shall be given due consideration in administering variance and conditional use permit applications.
B. 1. Applications for uses classified as conditional uses within the respective shoreline environments may be permitted only after a finding by the hearings board that the proposed development is compatible with other uses permitted within the area, and that the following criteria have been demonstrated:
a. The proposed use will cause no unreasonably adverse effects on the shoreline, the environment or other uses;
b. The proposed use will not interfere with public use of public shorelines;
c. Design of the proposed site will be compatible with the surroundings and with the policies and objectives of the Snoqualmie Shoreline Management Master Program;
d. The public interest will suffer no substantial detrimental effect.
2. The hearings board may grant or deny the conditional use permit application, or grant it subject to such conditions as it deems necessary to bring the proposed development, use or activity into compliance with the criteria of subsection (B)(1).
3. Conditional use permits are subject to approval by the Department of Ecology, and are not effective until such approval has been obtained.
C. 1. Variances may be granted from the bulk, dimensional or performance standards of this chapter when practical difficulties or unnecessary hardship would result from strict application thereof to the proposed development, activity or use. The hearings board shall not grant a variance unless it finds that the property owner would be unable to make a reasonable use of his property if the standards of this chapter were applied, and the criteria of subsection (C)(2) have been demonstrated. It shall not be sufficient for the granting of a variance that the property owner might make a greater profit by using his property in a manner contrary to the provisions of this chapter.
2. The proponent of the variance shall demonstrate the following:
a. The hardship upon which the request for the variance is based is specifically related to the property of the applicant;
b. The hardship results from the application of the requirements of this chapter, and not, by way of illustration, from deed restrictions, covenants or the applicant’s own actions;
c. The granting of the variance will be in harmony with the policies and objectives of the Snoqualmie Shoreline Management Master Program; and
d. The public interest and welfare will be preserved.
3. If the hearings board finds that more harm will result to the public interest and welfare by the granting of the variance then would result to the applicant by its denial, the variance shall be denied. (Ord. 588 § 1, 1986).
19.08.280 Interpretation.
When the provisions of this chapter, or their application to a specific proposed development, shall be vague, ambiguous or otherwise unclear, or where a judgment or interpretation regarding the application hereof in special circumstances shall be required, it shall be the duty of the hearings board to make such interpretation or judgment. A separate record of all such actions shall be kept. The hearings board shall examine its earlier interpretations or judgments which may relate to the pending action, and findings shall be made indicating whether the earlier interpretations or judgments were deemed relevant to the pending action, and if not so considered, the reason therefor, and if so considered, the manner in which it was applied. Such findings shall be public records. (Ord. 588 § 1, 1986).
19.08.290 Appeal.
Reviewable state actions are governed by Chapter 90.58 RCW. All actions of the administrator, hearings board and other city officials taken in the administration and enforcement of this chapter may be appealed. An appeal must be filed with the city clerk within the 30 days of the date of the action being appealed. The city council shall render its decision on the appeal with 30 days of the filing thereof. The clerk shall prepare forms for use by appellants. The administrator shall keep a careful record of the date and nature of each decision. The hearing of the city council on the appeal shall be open to the public, and the decision shall be a public record. Decisions of the city council on appeals shall be considered in future decisions of a similar nature. The decision of the city council shall note the use of an earlier decision, or contain an explanation as to why such earlier appeal action was not deemed relevant. Appeals from the decision of the city council may be taken to the superior court within 30 days of the decision. (Ord. 588 § 1, 1986).
19.08.300 Amendments and boundary changes.
A. The provisions of the Snoqualmie Shoreline Management Master Program, the shoreline management jurisdictional boundaries, the shoreline environment boundaries and the provisions of this chapter may only be amended after a public hearing on the proposed amendment by the hearings board at which public comment is received.
B. All amendments acted upon by the city council shall be transmitted to the Department of Ecology for its review, and if approved, shall become effective 30 days after such approval. (Ord. 588 § 1, 1986).
19.08.310 Public hearing rules.
All public hearings conducted under authority of this chapter shall be held according to the following rules:
A. The date, time, place and matter for hearing shall be advertised in the official newspaper at least 10 but not more than 20 days prior to the date of the hearing.
B. Hearings may be continued to a specific time and place, and no further notice of such continuance shall be required.
C. Where specific parcels of property are involved, hearing notice containing the same information as required to be published shall be mailed at least 12 days prior to the hearing date to the record owners of the property involved and to the owners of record of all properties within 300 feet of the boundaries of the property involved in the hearing.
D. All notices shall contain both a legal and a common description of the property involved.
E. Public hearings for the purpose of amending the Snoqualmie Shoreline Management Master Program shall be in accordance with WAC 173-19-061 and 173-19-062, as they now exist or may hereafter be amended.
F. A record shall be kept of all hearings, which shall be a public record.
G. Conduct of all hearings will be in accordance with such local rules as may have been approved by resolution or in the absence thereof, in accordance with Robert’s Rules of Order. (Ord. 588 § 1, 1986).
19.08.320 Penalties.
In addition to the civil liabilities imposed by RCW 90.58.210, as it now exists or may hereafter be amended, which is incorporated by reference, any person who shall wilfully violate any of the provisions of this chapter shall be guilty of a misdemeanor. Each day of violation shall be deemed a separate and separately punishable offense. (Ord. 588 § 1, 1986).
19.08.330 Enforcement.
The city attorney may bring such injunctive, declaratory or other action as may be necessary to insure that no uses are made of the shorelines of the state in conflict with the provisions of this chapter and to otherwise enforce its requirements. (Ord. 588 § 1, 1986).
19.08.340 Other permits and certificates.
Nothing in this chapter shall obviate any requirement to obtain any permit, certificate, license or approval from any federal, state or local government or agency thereof. (Ord. 588 § 1, 1986).
19.08.350 Severability.
If any provision of this chapter, or its application to any person or legal entity, or in any particular circumstances, is held to be invalid, the remainder of the provisions of this chapter or the application hereof to other persons in or other circumstances shall not be affected thereby. (Ord. 588 § 1, 1986).
Chapter 19.12
SENSITIVE AREASSections:
19.12.010 Legislative purpose.
19.12.020 Definitions.
19.12.030 Applicability.
19.12.040 Designation and protection of sensitive areas and buffers.
19.12.050 Sensitive area study.
19.12.060 Sensitive area review process.
19.12.070 Sequencing of actions to protect sensitive areas and buffers.
19.12.080 Buffers and building setback lines.
19.12.090 Restrictions on division of land containing sensitive areas.
19.12.100 Marking or fencing.
19.12.110 Mitigation plans.
19.12.120 Erosion hazard areas.
19.12.130 Landslide hazard areas.
19.12.140 Steep slope hazard areas.
19.12.150 Seismic hazard areas.
19.12.160 Channel migration zones.
19.12.170 Streams.
19.12.180 Wetlands.
19.12.190 Fish and wildlife habitat conservation areas.
19.12.200 Critical aquifer recharge areas.
19.12.210 Sensitive area tracts and notice on title.
19.12.220 Administration and enforcement.
19.12.230 Severability.
19.12.240 Liberal construction.
19.12.010 Legislative purpose.
A. The purpose of this chapter is to provide for the designation and protection of sensitive areas, referred to as critical areas in the Washington Growth Management Act of 1990, Chapter 36.70A RCW, incorporating best available science, giving special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries, as required by the Growth Management Act, to supplement the development requirements contained in the Snoqualmie Municipal Code, to alert tax assessors and appraisers to the presence of environmentally sensitive areas and the development limitations of such areas and to establish special standards for the use and development of lands based on the existence of natural conditions and features, including erosion, landslide, seismic hazard areas and steep slope areas, critical recharge areas, fish and wildlife conservation areas, streams, and wetlands.
B. The standards and procedures established in this chapter are intended to protect environmentally sensitive areas while accommodating the rights of property owners to use their property in a reasonable manner. By regulating development and alterations to critical areas, this chapter seeks to:
1. Protect members of the public, and protect public and private resources and facilities, from injury, loss of life, property damage or financial losses due to erosion, landslide, seismic events, soils subsidence or steep slope regression;
2. Protect unique, fragile and valuable elements of the environment, including critical groundwater recharge areas and wildlife and its habitat;
3. Mitigate unavoidable impacts to environmentally sensitive areas by regulating alterations in and adjacent to those areas;
4. Reduce cumulative adverse environmental impacts to water availability, water quality, wetlands, streams and other aquatic resources;
5. Provide city officials with the information and authority to implement the policies of the State Environmental Policy Act, Chapter 43.21C RCW, the Snoqualmie Vicinity Comprehensive Plan, and the Growth Management Act of 1990. (Ord. 977 § 2, 2005).
19.12.020 Definitions.
A. “Accessory structure” means a structure for a use incidental and subordinate to the principal use or structure. An accessory structure does not contain dwelling or employment space, and is located on the same lot as the principal use or structure.
B. “Adjacent” means within 500 feet of a sensitive area.
C. “Alteration” means any human-induced action which changes the existing condition of a sensitive area. Alterations include, but are not limited to: grading; filling; dredging; draining; channelizing; cutting, pruning, limbing or topping, clearing, relocating or removing vegetation; applying manure, herbicides or pesticides or any hazardous or toxic substance; discharging pollutants except storm water; grazing domestic animals; paving, construction, or application of gravel; modifying for surface water management purposes; or any other human activity that changes the existing landforms, vegetation, hydrology, wildlife or wildlife habitat of a sensitive area.
D. “Animal containment area” means a site where 2,000 pounds or more of animals per acre are kept or where animal waste material is deposited in quantities capable of impacting groundwater resources.
E. “Buffer” means the designated area adjacent to a wetland, stream, geologically hazardous area, or channel migration zone. The buffer is intended to protect the resource in the case of wetlands and streams; to protect against injury or damage to persons and property and to protect against landslide, erosion and other undesirable consequences in the case of geologically hazardous areas; and to protect against injury and damage to persons and property in the case of channel migration zones. Buffers are not applicable to critical aquifer recharge areas, fish and wildlife habitat areas (except to the extent that buffers for other sensitive areas serve as fish and wildlife habitat areas), or frequently flooded areas.
F. “Channel migration zones” are those areas subject to risk due to stream bank destabilization, rapid stream incision, stream bank erosion, and shifts in stream channels, as delineated on the Snoqualmie River Channel Migration Area Map, contained in Channel Migration in the Three Forks Area of the Snoqualmie River (King County Department of Natural Resources, Surface Water Management Division, Seattle, WA, 1996), which is hereby incorporated herein by this reference.
G. “Critical area” has the same meaning as “sensitive area” for purposes of this chapter.
H. “Critical aquifer recharge area” means the recharge areas of aquifers which serve as a source of drinking water for which there is no feasible alternative source and which, due to prevailing geologic conditions characterized by high infiltration rates, are susceptible to contamination from activities on the surface.
I. “Development proposal” means any activity relating to the use and/or development of land requiring a permit or approval from the city, including but not limited to: commercial or residential building permit, boundary line adjustment, binding site plan, conditional use permit, franchise right-of-way permit, grading and clearing permit, mixed use approval, planned unit development, shoreline conditional use permit, shoreline substantial development permit, shoreline variance, short subdivision, special use permit, subdivision, flood hazard permit, unclassified use permit, utility and other use permit, variance, rezone, or any subsequently required permit or approval not expressly exempted by this chapter.
J. “Director” means the department head of the planning department, or equivalent position.
K. “Drainage ditch” means a constructed trench or furrow used to convey excess water; provided, the term shall not include ditches conveying the waters from a stream which was naturally occurring prior to construction of the ditch.
L. “Erosion hazard area” means those areas of the city containing soils which, according to the USDA Soil Conservation Service, King County Soils Survey, dated 1973, and any subsequent revisions or additions thereto, and the USDA Soil Conservation Service, Soils Survey for Snoqualmie Pass Area, Parts of King and Pierce Counties, WA, dated December 1992, may experience severe to very severe erosion hazard, and which occur on slopes of 15 percent or greater. This group of soils includes: Alderwood Gravelly Sandy Loam (AgD), Alderwood-Kitsap (AkF), Beausite Gravelly Sandy Loam (BeD and BeF), Kitsap Silt Loam (KpD), Ovall Gravelly Sandy Loam (OvD and OvF), Ragnar Fine Sandy Loam (RaD), Ragnar-Indianola Association (RdE), Riverwash (Rh), or Coastal Beaches (Cb), and any soil type that could be subject to erosion when disturbed.
M. “Fish and wildlife habitat conservation area” means an area that provides essential habitat for maintaining listed species of endangered, threatened or sensitive populations.
N. “Geologically hazardous areas” means areas that, because of their susceptibility to erosion, sliding, earthquake, or other geological events, may pose hazards to the siting of commercial, residential, or industrial development consistent with public health or safety concerns, without appropriate mitigation.
O. “Hazardous substance(s)” means:
1. A hazardous substance as defined by Section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); any substance designated pursuant to Section 311(b)(2)(A) of the Clean Water Act (CWA); any hazardous waste having the characteristics identified under or listed pursuant to Section 3001 of the Solid Waste Disposal Act (but not including any waste the regulation of which under the Solid Waste Disposal Act has been suspended by Act of Congress); any toxic pollutant listed under Section 307(a) of the CWA; or any imminently hazardous chemical substance or mixture with respect to which the United States Environmental Protection Agency has taken action pursuant to Section 7 of the Toxic Substances Control Act;
2. Hazardous substances that include any liquid, solid, gas or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical, or biological properties described in WAC 173-303-090, 173-303-102, or 173-303-103.
P. “Hazardous waste” includes, but is not limited to, explosives, medical wastes, radioactive wastes, pesticides and chemicals which are potentially harmful to the public health or the environment, including anything defined as a hazardous substance.
Q. “Landslide hazard area” means those areas of the city subject to a risk of landslide, including the following areas:
1. Any area with slopes greater than 15 percent and impermeable soils (typically silt and clay) frequently interbedded with granular soils (predominantly sand and gravel) and springs or groundwater seepage;
2. Any area which includes areas with significant visible evidence of groundwater seepage, and which also includes existing landslide deposits regardless of slope;
3. Any area which has shown movement during the Holocene epoch (from 10,000 years ago to present) or which is underlain by mass wastage debris of that epoch as determined by a geologist;
4. Any area potentially unstable as a result of rapid stream incision or stream bank erosion;
5. Any area located on an alluvial fan, presently or potentially subject to inundation by debris flow or deposition of stream-transported sediments.
R. “Listed species” means those wildlife species that have been listed as endangered, threatened or sensitive by the U.S. Fish and Wildlife Service, NOAA National Marine Fisheries Service, or Washington Department of Wildlife pursuant to RCW 77.12.020 and Chapter 232-12 WAC as may be amended.
S. “Qualified sensitive area consultant” means a person whom the city determines has the qualifications specified below to conduct sensitive areas studies pursuant to this chapter, and to make recommendations for sensitive areas mitigation. For areas of potential geologic instability, the qualified sensitive areas consultant shall be a geologist or geotechnical engineer. For wetlands the qualified sensitive areas consultant shall be a certified professional wetland scientist or a noncertified professional wetland scientist with at least two years of full-time work experience as a wetlands professional, including delineating wetlands using the state or federal manuals, preparing wetland reports, conducting function assessments, and developing and implementing mitigation plans. For streams, the qualified sensitive areas consultant shall be a specialist in fisheries and hydrology. For fish and wildlife conservation areas, the qualified sensitive areas consultant shall be a fish or wildlife biologist, zoologist, limnologist or ornithologist. For critical aquifer recharge areas, the qualified sensitive areas consultant shall be a geologist or civil engineer with a minimum of four years of professional experience in ground water studies and evaluation.
T. “Seismic hazard area” means those areas of the city subject to severe risk of earthquake damage as a result of seismically induced landslides, earth adjustments, settlement or soil liquefaction.
U. “Sensitive areas” include the following areas: (1) wetlands; (2) streams; (3) channel migration zones; (4) areas with a critical recharging effect on aquifers used for potable water; (5) fish and wildlife habitat conservation areas; (6) frequently flooded areas; and (7) geologically hazardous areas. “Sensitive area” has the same meaning as “critical area” for purposes of this chapter.
V. “Special waste” means all nonhazardous wastes that have special handling needs or have specific waste properties that require waste clearance by either the Solid Waste Division of the King County Department of Natural Resources and Parks or the King County Health Department, or both. Such wastes are specified in the King County Waste Acceptance Policy (P.U.T. 4-1-4 or future amendments of that rule), and include contaminated soil, asbestos-containing materials, treated biomedical wastes, treatment plant grit and vactor wastes, industrial wastes, tires, and other wastes.
W. “Steep slope hazard area” means those areas of the city where the ground rises at an inclination of 40 percent or more within a vertical elevation change of at least 10 feet (a vertical rise of 10 feet or more for every 25 feet of horizontal distance). A slope is delineated by establishing its toe and top and measured by averaging the inclination over at least 10 feet of vertical distance.
X. “Stream” means any area of the city where surface waters produce a defined channel or bed which demonstrates clear evidence of the passage of water. The channel or bed need not contain water year-round. The term does not include irrigation ditches, canals, engineered storm or surface water runoff devices or other entirely artificial watercourses unless they are used by salmonids, or unless the created conveyances contain the waters from a stream which was naturally occurring prior to construction/alteration of the conveyance system.
Y. “Wetland” or “wetlands” means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from non-wetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities. Wetlands do not include areas that were unintentionally created as a result of blockage of drainage from the construction of a road, street, or highway after July 1, 1990. Documentation of the date of construction of the roadway and conditions of the soils within the area may be required if regulatory authority is disputed. Wetlands may include those areas intentionally created from non-wetland areas as compensatory mitigation for impacts to wetlands.
Z. “Wildland” means an area in which development is essentially nonexistent, except for roads, railroads, power lines, and similar transportation facilities. Structures, if any, are widely scattered.
AA. “Wildland/urban interface” means any area where wildland fuels threaten to ignite combustible homes and structures. (Ord. 977 § 2, 2005).
19.12.030 Applicability.
A. Sensitive areas regulated by this chapter include wetlands, streams, critical aquifer recharge areas, geologically hazardous areas and fish and wildlife conservation areas. Frequently flooded areas are deemed sensitive areas, and are subject to regulation pursuant to Chapter 15.12 SMC. Compliance with the provisions of this chapter shall be required of all uses, activities and development proposals within the city, except as provided in subsection B of this section. In some cases one area may be classified as more than one type of sensitive area. In such a case, uses, activities and development proposals must comply with all applicable sensitive area requirements. In the event any provision of this chapter conflicts with any other applicable law or chapter, that which provides the greatest protection to the sensitive areas shall apply.
B. General Exemptions. The provisions of this chapter and any administrative rules promulgated hereunder shall not apply to the following:
1. Emergencies that threaten the public health, safety and welfare. Altered sensitive areas or buffers may be required to be restored and/or impacts resulting from emergency actions mitigated, based on review by the city, after the emergency situation is stabilized.
2. Removal of such potential fuels within portions of a sensitive areas buffer in the urban-wildland interface as determined necessary by the fire chief on a site-specific assessment to create a defensible space within 30 feet of a residence in areas declared by the fire chief to be a wildfire threat zone, pursuant to a plan approved by the fire chief. Such plan shall not authorize any more clearing of a sensitive area buffer than is necessary to eliminate fuels likely to cause the spread of a wildfire.
3. Structures, improvements and uses in existence on the date this chapter becomes effective and that do not meet the requirements of this chapter. Such existing structures and improvements may be remodelled, reconstructed or replaced, provided:
a. Such actions or improvements are designed to only expand on the side of the existing structure, away from the sensitive area, and do not make the structure(s) intrude further into the sensitive area or its buffer; and
b. Do not increase the amount of impervious area within the sensitive area or buffer; and
c. Do not increase the potential impact to a sensitive area or, in the case of an existing structure or improvement in areas of potential geologic instability, do not increase the potential of soil movement or risk of harm or damage to existing uses or development, or to the public safety.
4. Existing uses may be maintained but shall not be expanded further into a sensitive area or its buffer. If an existing use that does not meet the requirements of this chapter is abandoned for a period of one year or more, such use shall not be reestablished.
5. Normal and routine maintenance or repair of existing utility or street rights-of-way or utility structures. Utility or street rights-of-way shall be maintained in a manner that meets the objectives of safe and efficient use of the right-of-way, while eliminating the use of chemical herbicides within the corridors. Normal and routine maintenance includes vegetation management performed in accordance with best management practices that is part of ongoing maintenance of structures, infrastructure, or utilities; provided, that such management actions are part of regular and ongoing maintenance, do not expand further into the sensitive area, are not the result of an expansion of the structure or utility, and do not directly impact an endangered or threatened species.
6. Removal of state-listed invasive and noxious weeds, and additional aggressive non-native species, including Japanese knotweed, Scot’s broom, English ivy, Himalayan and evergreen blackberry; provided, only hand labor and light equipment that minimizes disturbance to the sensitive area or buffer is used, and chemical applications approved for use adjacent to streams and wetlands, provided best management practices are used.
7. Removal of dangerous trees, with the director’s approval. A certified arborist’s evaluation may be required in the discretion of the director if the hazard is not clearly evident.
8. Enhancement and restoration plantings for the purpose of restoring functions and values of sensitive areas or buffers that do not require construction permits; provided, only hand labor and light equipment that minimizes disturbance to the sensitive area or buffer is used. Removal or trimming of trees within sensitive areas or their buffers, and replacing them with lower growing shrubs, for the purpose of creating or expanding a view corridor, shall not be deemed an enhancement or restoration action and is not an exempted activity.
9. The following agricultural activities in existence as of the effective date of Ordinance No. 691:
a. Grazing of livestock, provided best management practices are implemented to protect the water quality;
b. Mowing of hay, grass or grain crops;
c. Tilling, discing, planting, seeding, harvesting and related activities for pasture, food crops, grass seed or sod; provided, that such activities do not involve any expansion into the sensitive areas or buffer of the area involved from that existing on the date this chapter becomes effective;
d. Normal and routine maintenance of drainage and irrigation ditches, provided they are not used by salmonids; farm ponds, stocked fish ponds, manure lagoons, and created livestock watering ponds; provided, that such activities shall not involve conversion of or expansion into any wetland or buffer not currently being used for such activity and best management practices are used. Maintenance actions within drainage ditches that drain directly to salmonid-bearing waters may require permits from state or federal regulatory agencies.
C. Public Agency or Utility Exception. If the application of this chapter would prohibit a development proposal by a public agency or public utility, the agency or utility may apply for an exception pursuant to this section. After holding a public hearing, the hearing examiner may approve the exception if he/she finds that there is no other practical alternative to the proposed development with less impact on sensitive areas or their buffers, and the proposal minimizes the impact on sensitive areas or their buffers. Any decision of the hearing examiner is final unless appealed.
D. Reasonable Use Exception. If the application of this chapter would deny all reasonable use of the property, development may be allowed which is consistent with the general intent of this chapter and the public interest; provided, that the hearing examiner, after a public hearing and consultation with the city attorney, finds that:
1. This chapter would otherwise deny all reasonable use of the property;
2. There is no other reasonable use with less impact on the sensitive area or its buffer;
3. The proposed development does not pose an unreasonable threat to the public health, safety or welfare on or off the property; and
4. Any proposed alteration of the sensitive area or its buffer is the minimum necessary to allow for reasonable use of the property, and will not result in a net loss of sensitive area functions and values. Any decision of the hearing examiner regarding this reasonable use exception shall be final unless appealed.
E. Farm Plans. Agricultural activities may be conducted consistent with a farm plan approved by the King Conservation District and the city. A qualified consultant shall evaluate agricultural activities, including vegetation management, outlined in a farm plan with the standards established in these chapters.
F. Mitigation Required. Any authorized alteration of a sensitive area or its buffer under subsections C and D of this section shall be subject to conditions established by the city and shall require mitigation described in an approved mitigation plan that meets the mitigation requirements of this chapter. (Ord. 977 § 2, 2005).
19.12.040 Designation and protection of sensitive areas and buffers.
A. Designation. Sensitive areas are designated in this chapter by defining their characteristics, by defining their locations by adoption of a map, or both. In the case of frequently flooded areas, sensitive areas are designated in Chapter 15.12 SMC.
B. Protection. Sensitive areas shall be protected as follows:
1. The city shall not permit or approve any use, activity or development proposal, or authorization to alter the condition of any land, water or vegetation, or to construct or alter any structure or improvement in, over or on a sensitive area or its buffer, except in compliance with the requirements of this chapter.
2. No person shall alter, nor direct or permit the alteration of, any sensitive area or buffer except as allowed in compliance with the requirements of this chapter.
3. The provisions of this chapter apply to all sensitive areas and buffers as designated or defined by this chapter, whether or not the sensitive area or buffer has been delineated or mapped. (Ord. 977 § 2, 2005).
19.12.050 Sensitive area study.
A. When Required. Except as provided in subsection B of this section, for any use, activity or development proposal on a site that includes, is adjacent to, or could significantly impact a sensitive area, other than a critical aquifer recharge area, the city, at the applicant’s sole expense, or the applicant at its own expense, shall initiate a sensitive area study prepared by a qualified sensitive area consultant to adequately evaluate the potential impacts to such areas from such use, activity or development proposal. The sensitive areas study shall be conducted by a qualified sensitive areas consultant, subject to the additional review provisions of subsection D of this section. No sensitive area study shall be required if a sensitive area study previously has been prepared pursuant to this section; provided, that the previous study contemplated and evaluated the type of use, activity or development proposed to occur on the site; and further provided, wetland delineation studies shall be valid for a maximum period of three years after initial completion.
B. Waivers. The director may waive the requirement for a sensitive area study upon finding that:
1. There will be no alteration of the sensitive area or areas and associated buffers, or that the use, activity or development proposal is located in a portion of a wetland or stream buffer adjacent to and upland of an existing road and/or other existing development, such that the development site does not provide significant buffer functions;
2. The development proposal will not impact the sensitive area or buffers in a manner contrary to the goals, intent, and requirements of this chapter; and
3. The development proposal meets the minimum standards of this chapter.
C. Contents of Study. The sensitive area study shall meet the minimum requirements as the director may establish by administrative rule. The city director may, in his or her discretion, require such supplements or amendments to the study as he or she may deem necessary to develop a reasonably comprehensive understanding of the site conditions and potential impacts.
D. Additional Review. In situations where the applicant has provided its own sensitive areas study, the city may require review of the submitted study by staff with the necessary sensitive areas qualifications or retain another qualified sensitive areas consultant as adjunct staff to review the adequacy of the sensitive area study. The costs for such sensitive areas consultant review shall be borne by the applicant and shall be for services necessary to review the applicant’s sensitive area study, meet with the applicant and/or other relevant city staff, and to conduct any necessary field work to evaluate the applicant’s sensitive areas study. The city sensitive areas consultant ordinarily should not conduct a full independent or duplicative sensitive area study. In situations where the city has provided the sensitive area study (at the applicant’s expense) the applicant shall have the right, but not the obligation, to submit a second opinion to the city for consideration. The determination of the city as to the adequacy of a sensitive areas study shall be final unless the issue is raised on appeal of the development proposal approval or permit. No interlocutory appeal of the study results is authorized by this section. (Ord. 977 § 2, 2005).
19.12.060 Sensitive area review process.
A. Preapplication Meeting. When a use, activity or development proposal includes or is adjacent to one or more sensitive areas, the proponent shall meet with the director prior to the submission of any application or development proposal to discuss the goals, purposes, objectives and requirements of this chapter, the scope of any sensitive area study or studies, the qualifications of the applicant’s technical consultants, and the nature of the use, activity or development proposal.
B. Incorporation of Sensitive Areas Conditions in Permits and Approvals. Review of sensitive areas studies and suggested conditions and mitigation shall be reviewed during and incorporated into the underlying permit or approval of the use, activity or development approval by whatever person or body has the authority for the underlying permit or approval. The director shall include in every report, recommendation or administrative decision on a use, activity or development proposal such findings as may be necessary to address the provisions of this chapter.
C. Authority to Condition or Deny Proposals. The city may approve, approve with conditions, or deny any development proposal in order to comply with the requirements and carry out the goals, purposes, and objectives of this chapter. In addition to its general authority under this chapter and any other applicable law or chapter, the city shall condition or deny a permit or approval for a use, activity or development proposal if it is determined that it will increase the potential of soil movement or otherwise result in a significant risk of injury to persons or damage to the structure, site or adjacent properties in the case of areas of potential geologic instability, or will result in a risk of significant harm to a wetland or stream or its functional values, or will disturb the qualities that are essential to maintain the habitat in designated fish and wildlife conservation areas, or poses a significant risk of degrading the quality of ground water in a sensitive recharge area. The city shall impose mitigation consistent with the requirements of this chapter and as contained in an approved mitigation study.
D. Monitoring.
1. Whenever mitigation is required, the city may require monitoring to ensure the mitigation meets the design performance standards established in the approved mitigation plan. The city may require that a qualified sensitive area consultant, at the direction of the city and at the applicant’s expense, monitor the development proposal site during construction and for a sufficient period of time after construction to ensure satisfactory mitigation of impacts on the sensitive area. The qualified sensitive area consultant shall monitor per the provi