Chapter 19.12 SENSITIVE AREAS

Chapter 19.12
SENSITIVE AREAS

Sections:

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 provisions outlined in the approved mitigation plan based on the conditions or restrictions imposed by the city and such administrative rules as the director shall prescribe.

2. When monitoring is required, the city shall require the qualified sensitive area consultant to make written, dated monitoring reports at intervals as may be specified in the approved monitoring plan. The city will review and comment on each monitoring report, and may require any remedial actions as determined necessary to assure success of the mitigation plan. The city will require a final statement from the qualified sensitive area consultant that, based upon technical data, the mitigation area complies with the performance standards in the approved mitigation plan. Where monitoring reveals a significant deviation from designed performance standards or a failure of mitigation measures, the city may require the applicant to take appropriate corrective action, and the project shall be subject to further monitoring for a time frame to be determined by the city.

E. Assurance Devices. Prior to issuance of any permit or approval which authorizes site disturbance under the provisions of this chapter, the city shall require a bond or other security to assure that all work required by this chapter or any permit condition relating to sensitive areas is satisfactorily completed in accordance with the approved plans, specifications, permit or approval conditions, and applicable regulations and to assure that all work or actions not satisfactorily completed will be corrected to comply with approved plans, specifications, requirements, and regulations to eliminate hazardous conditions, to restore environmental damage or degradation, and to protect the health, safety and general welfare of the public. If the development proposal is subject to mitigation, the applicant shall post a performance bond or other security in a form and amount deemed acceptable by the city to cover long-term monitoring, maintenance, and performance for mitigation projects to ensure mitigation is fully functional for the duration of the monitoring period. The performance bond or other security shall be in a form approved by the city attorney, and shall be in the amount of 150 percent of the estimated cost of the completed action, or the estimated cost of restoring the functions and values of the sensitive area at risk, whichever is greater. (Ord. 977 § 2, 2005).

19.12.070 Sequencing of actions to protect sensitive areas and buffers.

A. Conditions to protect sensitive areas and buffers shall be sequenced as follows:

1. Avoid the impact by refraining from certain actions or parts of an action to the extent feasible;

2. Minimize the impacts by limiting the degree or magnitude of the action, by redesigning the proposed project to minimize impacts and/or avoid or reduce impacts by using appropriate technology, best management practices and design strategies;

3. Remediate the impact by repairing, rehabilitating, or restoring the affected environment;

4. Reduce or eliminate the impact over time by preservation and maintenance operations;

5. Compensate for the impacts by creating, replacing, enhancing, or providing substitute resources or environments;

6. Monitor the mitigation provided for the impact and take appropriate corrective measures when necessary.

B. Where impact to sensitive areas or their buffers cannot be avoided, the applicant shall demonstrate that the impact is authorized by the provisions of this chapter or a reasonable use exception or public agency or utility exception granted hereunder. (Ord. 977 § 2, 2005).

19.12.080 Buffers and building setback lines.

A. Finding. In accordance with Freshwater Wetlands in Washington State – Volume 1: A Synthesis of the Science (Department of Ecology, 2004) and Wetlands in Washington – Volume 2: Guidance to Protecting and Managing Wetlands (Department of Ecology, 2004), the city has identified, through a partial landscape-scale planning process, significant lands within the city for protection as open space and fish and wildlife habitat management areas. The city has identified approximately 1,421 acres of lands currently designated as permanent open space based on either public ownership, including the Meadowbrook Farm, Three Forks Natural Area, the Two Sisters Return Open Space, the Snoqualmie River Open Space, the Kimball Creek Open Space Area and the Snoqualmie Point Open Space, or based on the presence of channel migration zones, streams, wetlands, critical fish and habitat areas, as lands permanently protected which are to be managed as fish and wildlife habitat conservation areas. These lands form a continuous corridor across the valley floor within the city, linking large permanent fish and wildlife habitat conservation outside the city, including the Mount Baker-Snoqualmie National Forest, Snoqualmie Tree Farm, Alpine Lakes Wilderness Area, Mount Si Natural Resources Conservation Area, Rattlesnake Ridge and Cedar River Watershed, to form an effective and extensive regional scale corridor for wildlife. Set-asides surrounding wetlands within this large area substantially exceed the upland buffer recommendations established by Ecology in Appendix C of Wetlands in Washington State Volume 2: Guidance for Protecting and Managing Wetlands, and result in large tracts of upland habitat linking aquatic-based systems. In the remainder of the city, outside the lands identified as permanent open space, the city has designated prescribed buffers for streams and wetlands that are, in general, on the lower end of the range recommended by best available science for the protection of wildlife habitat functions. This approach is based on the findings that meeting the intent of managing large tracts of upland and aquatic lands within the city at standards that are in excess of the recommended maximums and prioritizing the protection standards in the largest complex of open space allows for implementation of more reasonable standards to accommodate growth in the remaining portions of the city.

B. Measurement of Buffers. All buffers shall be measured perpendicular from the sensitive area boundary as surveyed in the field. The width of the buffer shall be determined according to the category of the sensitive area and the proposed land use, as described in this chapter.

C. Degraded Buffer Areas. In areas where the functions of a stream or wetland buffer are significantly degraded, the city may authorize a reduced buffer, with up to a 25 percent reduction of the standard buffer width, when the applicant provides a buffer enhancement and/or restoration plan for the remaining portion of the complete buffer on-site to improve plant species diversity, structural complexity, and increased habitat complexity. Buffer averaging, if feasible, may be required in lieu of buffer reduction, even if the existing buffer (or portions thereof) are degraded. If buffer averaging alone cannot provide reasonable use of a site, wetland enhancement and/or buffer enhancement, on-site or off-site, may be required to offset the impact on wetland functions and prevent a net loss. Buffer reduction provisions will only be permitted in those instances where alterations to the buffer were not the result of illegal actions per the standards at the time of the alteration.

D. Buffer Averaging. The director may allow wetland or stream buffer averaging only when the buffer area width after averaging will not adversely impact the sensitive area and/or buffer functions and values. At a minimum, any proposed buffer averaging shall meet the following criteria:

1. The resulting buffer area is no less than that which would be provided by the standard buffer;

2. The buffer width shall not be reduced by more than 25 percent at any one point as a result of the buffer averaging, and provided, buffer averaging shall not result in a wetland buffer being reduced to less than 25 feet at any one point in any case;

3. The buffer area is reduced by averaging only in those locations where the least significant upland habitat is present within the standard buffer zone, and the areas for increased buffer incorporate the highest functioning upland habitats, where feasible;

4. The buffer area may be required to be enhanced where the buffer is allowed to be reduced, if the buffer is in a degraded condition;

5. The areas of expanded buffer width are contiguous with the standard buffer;

6. Encroachment into the buffer does not occur waterward of the top of an associated steep slope or into a channel migration zone;

7. Encroachment does not occur into the buffer of an associated wetland except as otherwise allowed;

8. Buffer averaging shall not result in the relocation of any portion of a buffer onto an adjacent property not in common ownership.

E. Increased Buffer Widths. Buffers of prescribed widths are established in this chapter for various categories of wetlands, streams, geologically hazardous areas and channel migration zones. The director may require increased buffer widths as necessary to protect sensitive areas when either the sensitive area is particularly sensitive to disturbance or the development poses unusual impacts. Examples of circumstances that may require buffers beyond minimum requirements include, but are not limited to:

1. Unclassified uses;

2. The sensitive area is in a critical drainage basin or documented salmonid spawning or rearing habitat;

3. The sensitive area is a critical fish habitat for spawning or rearing as determined by the Washington Department of Fish and Wildlife;

4. The land adjacent to the sensitive area and its associated buffer, and located within the development proposal, is classified as an erosion hazard area; or

5. A trail or utility corridor in excess of 10 percent of the buffer width is proposed for inclusion in the buffer.

F. Buffer Reductions. The director may reduce the required buffer width by up to 25 percent only if sufficient information is provided in a sensitive area study to demonstrate all of the following:

1. The applicant has demonstrated that mitigation sequencing efforts have been appropriately utilized: avoid, minimize, and lastly mitigate;

2. The proposed buffer reduction is to be accompanied by a mitigation plan that includes enhancement of the reduced buffer area or other portions of the remaining buffer;

3. The reduction will not adversely affect water quality;

4. The reduction will not destroy, damage, or disrupt a significant habitat area; and

5. The reduction is necessary to make reasonable economic use of the subject property.

G. Buffer Reductions with the Presence of Roadways or Other Existing Substantial Physical Obstructions. Where a legally established existing roadway, railroad or other lawful pre-existing development transects the buffer, the minimum buffer width may be reduced to the edge of such roadway, railroad or other development if the part of the buffer sought to be reduced:

1. Does not provide additional protection to the proposed development or the sensitive area; and

2. Does not perform any biological, geological, or hydrological buffer functions to undisturbed portions of the sensitive area or buffers.

H. Buffers on Existing Small Residential Lots. In areas of the city platted prior to 1990 and already substantially developed at urban densities, the buffers on the remaining vacant residential lots adjacent to developed lots shall be those in effect as of April 4, 2005. This provision does not apply to the redevelopment of already developed lots.

I. Building Setback Line. A building setback line of 15 feet shall be required from the edge of a buffer for any building or structure to ensure that the exteriors of the building or structure can be improved, maintained or repaired without encroaching into the buffer. Trails, sidewalks, parking lots, or storm water facilities may be located within the building setback line as long as access for maintenance will not result in adverse impacts to the actual buffer. (Ord. 977 § 2, 2005).

19.12.090 Restrictions on division of land containing sensitive areas.

Subdivisions, short subdivisions, binding site improvement plans, boundary line adjustments and any other division of land in sensitive areas and buffers shall be subject to the following provisions:

A. Land that is wholly within a wetland or stream or buffer may not be subdivided or the boundary line adjusted except as approved under a reasonable use exception. In the case of land where one parcel is entirely within a wetland or stream buffer and an adjacent parcel is located partially or entirely out of a wetland or stream buffer, the provisions of subsection B of this section shall apply to boundary line adjustments between the two parcels.

B. Land that is partially within a wetland or stream or buffer may be divided or the boundary line adjusted to create buildable lots; provided, that an accessible and contiguous portion of each new or adjusted buildable lot is:

1. Located outside the sensitive area and buffer; and

2. Complies with the minimum lot size for the zoning district in which it is located, if applicable.

C. Accessory roads and utilities serving the proposed division of land may be permitted within the wetland or stream and associated buffer only if a public agency or utility exception is approved. (Ord. 977 § 2, 2005).

19.12.100 Marking or fencing.

A. Temporary Markers. The outer perimeter of a wetland, stream, fish and wildlife conservation areas, steep slopes and their associated buffer and the limits of these areas to be disturbed pursuant to an approved permit or authorization shall be marked in the field prior to site clearing in a manner approved by the city so no unauthorized intrusion will occur. Markers or fencing are subject to inspection by the director or his/her designee prior to the commencement of permitted activities. This temporary marking shall be maintained throughout construction and shall not be removed until directed by the director, or until permanent signs and/or fencing, if required, are in place.

B. Permanent Markers. Following the implementation of an approved development plan or alteration, the outer perimeter of the sensitive area or buffer that is not disturbed shall be permanently identified. The director shall approve sign locations during review of the development proposal. Along residential boundaries, the signs shall be at least four inches by six inches in size and spaced one per centerline of lot or every 75 feet for lots whose boundaries exceed 150 feet. At road endings, crossings, and other areas where public access to the sensitive area is allowed, the sign shall be a minimum of 18 inches by 24 inches in size and spaced one every 75 feet. This identification shall include permanent wood or metal signs on treated wood or metal posts. Signs shall be worded as follows:

SENSITIVE AREA BOUNDARY

Protection of this natural area is in your care. Alteration or disturbance is prohibited. Please call the City of Snoqualmie at (425) 888-5337 for more information. Removal of this sign is prohibited.

C. Permanent Fencing. The director shall require permanent fencing where there is a substantial likelihood of the intrusion into the sensitive area or its buffer based on the development proposal. The director shall also require such fencing when, subsequent to approval of the development proposal, intrusions threaten conservation of sensitive areas or buffers. The director may use any appropriate enforcement actions including, but not limited to, fines, abatement, or permit denial to ensure compliance. (Ord. 977 § 2, 2005).

19.12.110 Mitigation plans.

A. Whenever mitigation is required, the applicant shall prepare and submit a mitigation plan for city review and approval.

B. General Mitigation Requirements. Mitigation for alterations to sensitive areas shall achieve equivalent or greater biological functions and may include, in the case of streams and wetlands, mitigation for adverse impacts upstream and downstream of the development proposal site. Mitigation sites for wetlands, streams, and fish and wildlife habitat conservation areas shall be located to achieve contiguous habitat to minimize the isolating effects of development on habitat areas. Mitigation of aquatic habitat should be located within the same aquatic system as the area disturbed, unless the applicant provides a sound ecological basis for providing it elsewhere. Mitigation shall address each function affected by the alteration to achieve functional equivalency or improvement on a per function basis. Increased ratios of mitigation area may be required for wetlands, and the buffers of streams or wetlands, as provided in this chapter.

C. Mitigation Plan Submittal Requirements. The required scope and content of a mitigation plan shall be established by administrative rule promulgated by the director. Mitigation plans for wetlands and streams shall be based upon the Draft Guidance on Wetlands Mitigation in Washington State, Part 2, 2004 (Washington State Department of Ecology, U.S. Army Corps of Engineers Seattle District, and U.S. Environmental Protection Agency Region 10; Ecology publication number 04-06-013B), as it now exists or may hereafter be modified in the final guidance document when published.

D. Mitigation Monitoring. The time period for mitigation monitoring shall be established per the administrative rule established per subsection C of this section, and shall be subject to the following minimum standards. Monitoring for compensatory mitigation for alteration of a wetland or stream shall occur for a minimum of five years. In the case of forested and scrub-shrub wetlands, monitoring shall occur for a minimum of 10 years, with reports submitted in years 1, 2, 3, 5, 7, and 10. (Ord. 977 § 2, 2005).

19.12.120 Erosion hazard areas.

Alteration of erosion hazard areas may be permitted subject to the following requirements:

A. Clearing and Grading within Erosion Hazard Areas. Clearing and grading within erosion hazard areas shall conform to the following standards:

1. Clearing of up to 15,000 square feet on any one lot and timber harvest pursuant to a DNR-approved forest practice permit or a city-approved clearing or grading permit may be cleared at any time. All other clearing on erosion hazard areas shall be allowed only from April 1st to November 1st.

2. Clearing and grading in erosion hazard areas shall be sequenced as follows:

a. No clearing or grading shall occur in an erosion hazard area until after the area to be cleared and/or graded has been marked in the field and the markings have been approved by the city.

b. Clearing and grading for and installation of temporary erosion and sedimentation control measures in erosion hazard areas shall occur prior to clearing and grading for roads and utilities.

c. Clearing and grading for roads and utilities in erosion hazard areas shall be completed prior to any clearing or grading of lots or building pads and shall be the minimum necessary to accomplish the project engineering designs.

d. Clearing and grading of lots, building pads or other retained vegetation shall subsequently be removed only if it is a specific element of an approved structure and subject to specific development approval from the city.

3. Approved clearing and grading pursuant to this section shall use directional felling, approved skidding plans and other techniques to minimize damage to soils and understory vegetation.

B. Erosion Control Plan. All development must submit an erosion control plan consistent with the requirements of this section and other relevant portions of the Snoqualmie Municipal Code. Approval of such plans shall include mitigation, monitoring and bonds as necessary to ensure satisfactory performance of the conditions of approval.

C. Buffers. There are no buffers for erosion hazard areas. (Ord. 977 § 2, 2005).

19.12.130 Landslide hazard areas.

A. Alteration of a landslide hazard area on slopes 40 percent or steeper is prohibited except as provided for under the development standards for steep slopes.

B. Alteration of a landslide hazard area on slopes less than 40 percent is prohibited unless an exception is granted pursuant to SMC 19.12.030(C) or (D) or unless the city concludes from the sensitive area study that the development proposal will not decrease slope stability on adjacent properties and the development proposal can be designed so that the landslide hazard to the project and adjacent property is eliminated or mitigated to meet city-defined factors of safety, per administrative rule.

C. Buffers in Landslide Hazard Areas.

1. The buffer for landslide hazard areas shall be 50 feet from all edges of the landslide hazard area unless an alteration is allowed pursuant to subsection B of this section, in which case, the buffer may be reduced to zero.

2. The buffer may be increased when the city engineer determines that a larger buffer is necessary to prevent risk of damage to proposed and existing development.

3. Existing native vegetation within the buffer area shall be maintained, except for limited removal necessary for surveying purposes or removal of trees determined to be hazardous by the city. Buffer areas infested with invasive or noxious weeds may be replanted with native vegetation, subject to approval of a replanting plan by the city.

D. Clearing and Grading in Landslide Hazard Areas. When associated with an allowed alteration within a landslide hazard area, clearing and grading activities shall conform to the following standards:

1. Clearing and grading in landslide hazard areas shall be allowed only from April 1st to November 1st.

2. Clearing and grading shall be sequenced as follows:

a. No clearing or grading shall occur in a landslide hazard area until after the area to be cleared and/or graded has been marked in the field and the markings have been approved by the city.

b. Clearing and grading for and installation of temporary erosion and sedimentation control measures in landslide hazard areas shall occur prior to clearing and grading for roads and utilities.

c. Clearing and grading for roads and utilities in landslide hazard areas shall be completed prior to any clearing or grading of lots or building pads and shall be the minimum necessary to accomplish the project engineering designs.

3. Approved clearing and grading pursuant to this section shall use directional felling, approved skidding plans and other techniques to minimize damage to soils and understory vegetation.

E. Roads and Utilities. Roads and utilities may be permitted within landslide hazard areas and associated buffers if the city determines that no other practical alternative exists.

F. Utility Lines and Pipes. Utility lines and pipes shall be permitted in the landslide hazard area only when the applicant demonstrates that no other practical alternative is available. The line or pipe shall be located above ground and be properly anchored and/or designed so that it will continue to function in the event of erosion. Storm water conveyance shall be allowed only through a high-density polyethylene pipe with fuse-welded joints, or similar product that is technically equal or superior. (Ord. 977 § 2, 2005).

19.12.140 Steep slope hazard areas.

A. Alterations. No development or alteration shall be allowed in steep slope hazard areas unless an exception is approved pursuant to SMC 19.12.030(C) or (D) or unless the development or alteration is one of the following:

1. Any alteration on slopes 40 percent or steeper with a vertical elevation change of less than or equal to 20 feet, provided the sensitive areas study demonstrated that no adverse impact will result;

2. Any alteration of a slope which has been created through previous legal grading activities may be regraded as part of an approved development proposal. Any remaining slopes in excess of 40 percent shall be subject to the steep slope protections of this chapter;

3. Surface water conveyance approved by the city in conformance with the Surface Water Design Manual;

4. Trails construction approved by the city;

5. Utility construction approved by the city, if the city determines that no other feasible alternative exists. Utility lines or pipes shall be located above ground and properly anchored and/or designed so that they will continue to function in the event of an underlying slide. Storm water conveyance shall be allowed only through a high-density polyethylene pipe with fuse-welded joints, or similar product that is technically equivalent or superior;

6. Trimming and limbing of vegetation on steep slopes approved by the city; provided, that the soils are not disturbed.

B. Buffers in Steep Slope Hazard Areas.

1. The buffer for steep slope hazard areas shall be 50 feet from the top, toe and along all sides of slopes 40 percent or steeper.

2. Existing native vegetation within the buffer area shall be maintained, except for limited removal necessary for surveying purposes or removal of trees determined to be hazardous by the city, and the buffer shall be extended beyond these limits as required to mitigate landslide and erosion hazards, or as otherwise necessary to protect the public health, safety and welfare. Steep slopes infested with noxious weeds may be replanted with native vegetation, subject to approval of a replanting plan by the city.

3. The buffer may be reduced to no less than 10 feet when the sensitive areas study demonstrates to the city that the reduction will adequately protect the proposed development, adjacent property and the sensitive area.

4. The buffer may be increased when the city engineer determines that a larger buffer is necessary to prevent risk of damage to proposed and existing development. (Ord. 977 § 2, 2005).

19.12.150 Seismic hazard areas.

Alteration of a seismic hazard area shall only be allowed if the city grants an exception pursuant to SMC 19.12.030(C) or (D) or mitigation is implemented that provides for adequate factors of safety against liquefaction, surface rupture, lateral spreading, seismically induced landsliding, and settlement. (Ord. 977 § 2, 2005).

19.12.160 Channel migration zones.

A. Designation. Channel migration zones are hereby designated as shown in 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 by this reference. Channel migration zones shall be categorized as follows:

1. A channel migration area shall be designated as severe hazard when it lies within the area of the channel’s probable migration over the next 100 years as measured for fifty years in either direction from the edge of the existing channel.

2. A channel migration area shall be designated as moderate hazard when it lies between the area designated as severe and the boundaries of the channel migration area.

B. When in Aquatic Area Buffers. Development proposals and alterations on sites containing a channel migration zone located within an aquatic area buffer shall comply with the sensitive area buffer standards in the applicable sections of this chapter.

C. Severe Channel Migration Hazard Area Standards. The following standards apply to development proposals and alterations within the severe channel migration hazard area:

1. Maintenance, repair, structural modification or addition to any existing critical facility or building used as a place of employment, place of public assembly, dwelling unit, accessory dwelling unit or accessory living quarters is allowed; provided, that there is no increase of the footprint of any existing structure.

2. Maintenance, repair, structural modification or addition to existing accessory structures is allowed; provided, that the structure’s footprint is not expanded towards any source of channel migration hazard.

3. New accessory structures are allowed, excluding on-site sewage disposal facilities, critical facilities, or buildings used as a place of employment, public assembly, or dwelling; provided, that:

a. No feasible alternative location is available on-site;

b. The structure is located where it is least subject to risk;

c. The structure shall not house animals or hazardous substances; and

d. The total footprint of all accessory structures within the severe channel migration area will not exceed 1,000 square feet.

4. Maintenance and repair of existing flood hazard reduction facilities, roadways, and on-site sewage disposal facilities is allowed.

5. Bank excavation, dredging, and gravel removal are allowed when associated with a flood control project, subject to conformance with the city of Snoqualmie shoreline master program.

D. Moderate Channel Migration Hazard Area Standards. The following standards apply to development proposals and alterations within the moderate channel migration hazard area:

1. Maintenance, repair or expansion of any use or structure is allowed provided the existing structure’s footprint is not expanded towards any source of channel migration hazard;

2. New accessory structures are allowed, excluding on-site sewage disposal facilities, critical facilities, or buildings used as a place of employment, public assembly, or dwelling; provided, that:

a. No feasible alternative location is available on-site; and

b. The structure is located the farthest practical distance from the migrating channel.

3. The subdivision of property is allowed within the portion of a moderate channel migration hazard area located outside an aquatic areas buffer only if:

a. All resulting lots contain 5,000 square feet or more of buildable land outside of the moderate channel migration hazard area;

b. Access to all resulting lots does not cross the moderate channel migration hazard area; and

c. All infrastructure is located outside the moderate channel migration hazard area except that a septic system, if otherwise allowed, may be placed in the moderate channel migration hazard area if:

i. No feasible location is available on-site; and

ii. The septic system is located the farthest practical distance from the migrating channel.

4. Bank excavation, dredging, and gravel removal are allowed when associated with a flood control project, subject to conformance with the city of Snoqualmie shoreline master program.

E. Additional Notice on Title. When an alteration is proposed within any channel migration area, the following notice shall be filed with the records and elections division of King County as an attachment to the notice on title required pursuant to SMC 19.12.210:

NOTICE

This property is in a channel migration area. Based on historical data, the channel or stream is expected to migrate and change locations over time, possibly undercutting or eroding portions of this property. Any structures within the channel migration area may be at risk from the migrating channel and could be damaged or destroyed unless moved. Relocation of structures shall be at the owner’s expense. Bank stabilization or other protective measures shall be prohibited unless undertaken in full compliance with the Snoqualmie Municipal Code.

(Ord. 977 § 2, 2005).

19.12.170 Streams.

A. Classification of Streams. Streams shall be classified as follows:

1. Class 1 streams are those streams where the mean annual flow is equal to or greater than 20 cubic feet per second and which are inventoried as “Shorelines of the State” under the city’s shoreline management regulations, Chapter 19.08 SMC, and the Snoqualmie shoreline master program pursuant to Chapter 90.58 RCW.

2. Class 2 streams are those streams in which the mean annual flow is less than 20 cfs that flow year-round during years of normal precipitation, or those streams (perennial or intermittent) which are used by salmonids. Use by salmonids shall be presumed if the stream has unimpeded access to known salmonid-bearing waters. The applicant may provide a report by a qualified professional consultant that documents the absence of salmonids based on the presence of an impassable blockage on the system or other physical parameters that would preclude fish access.

3. Class 3 streams are those streams that are intermittent or ephemeral during years of normal rainfall and are not used by salmonids.

B. No alteration to a stream or buffer shall be permitted unless the city grants a public agency or utility exception or reasonable use exception, or unless the city finds that the development proposal is one of the permitted uses identified in subsection C of this section and the project as proposed preserves or enhances the important stream and buffer functions and is otherwise consistent with the purposes of this chapter.

C. Permitted Uses and Alterations. Subject to the requirements of the underlying zoning designation and other applicable codes and ordinances, the following uses and alterations shall be permitted within streams or their buffers, in accordance with the standards set forth in this section when done in compliance with the provisions of other applicable codes and ordinances. Mitigation shall be required for any impact to the sensitive area or its buffer from these permitted uses and alterations:

1. Stream Crossings. Stream crossings may only be permitted when there is no other reasonable access resulting in less impact on the stream and/or its buffer. Stream crossings shall use all reasonably feasible construction techniques to avoid disturbance to the stream bed or bank. In the case of Class 2 or Class 3 streams, bottomless culverts or other appropriate methods demonstrated to provide fisheries protection may be used if the applicant demonstrates that such methods and their implementation will pose no harm to the stream bank or bed and will not adversely impact fish habitat as demonstrated in a report from a qualified consultant submitted by the applicant. The applicant shall be responsible to obtain and comply with all other applicable state and federal permits. Crossings shall not occur over salmonid spawning areas unless no other possible crossing site exists. Crossings shall be minimized and serve multiple purposes and properties whenever possible. Construction of stream crossings shall be in conformance with applicable permit limitations established by state resource agencies.

2. Stream Relocations. Class 1 streams shall not be relocated. Class 2 streams shall not be relocated except for public road projects which have been authorized by a public agency or utility exception and as also approved by applicable state resource agencies. Class 3 streams may only be relocated provided the in-stream resources are preserved or enhanced, all appropriate floodplain protection measures are used, and the requirements of the Surface Water Design Manual, Chapter 15.18 SMC, and all other applicable permit and code requirements have been met. A proposal to relocate a Class 2 or Class 3 stream must be accompanied by a stream mitigation plan.

3. Stream Channel Stabilization. Stream channel stabilization may only be allowed when movement of the stream channel threatens existing residential or commercial structures, public improvements, unique natural resources, or the only possible existing access to property. Proposals to stabilize a stream channel must be done in compliance with the provisions of this chapter and other applicable codes and ordinances, including but not limited to shoreline regulations pursuant to Chapter 19.08 SMC.

4. Drainage Ditch Maintenance. Drainage ditches that carry salmonids, and that do not meet the definition of a stream or wetland, may be maintained through use of best management practices developed in consultation with other state and federal agencies with jurisdiction.

5. Educational and Research Activities. Educational and research activities are permitted, not including construction of buildings or other permanent structures.

6. Enhancement or Mitigation. Enhancement or other mitigation plans are permitted, including landscaping in accordance with conditions of development imposed by the city.

7. Storm Water Facilities. Storm water detention/water quality pond discharges are permitted, provided the provisions of the surface water design manual are met and the city finds that the wetland functions can be preserved or enhanced and provided surface water discharges to streams from detention facilities, presettlement ponds, or other surface water management structures will not negatively affect the rate of flow nor decrease the water quality of the stream.

8. Public Utilities. Public utilities may be permitted in the stream buffer, provided no practical alternative exists and adequate provision is made to protect or enhance the function of the stream buffer through appropriate mitigation. Unless located within a road right-of-way permitted pursuant to subsection (C)(7) of this section, sewer utilities may be constructed only in the outer 15 percent of a wetland or stream buffer if engineering design dictates, and if the other requirements of this section are met. All utility corridors should be designed and coordinated to accommodate joint use in order to reduce the number of such corridors. Proposals to cross wetlands, streams or their buffers must include a mitigation plan, and must be designed to implement best management practices. Upon completion of the utility installation, wetlands, streams, and their buffers must be restored to preproject configurations or enhanced if preproject conditions were degraded, based on an approved mitigation plan which shall require maintenance and monitoring per the provisions of this chapter.

9. Roads and Rights-of-Way. Roads and other rights-of-way are permitted, provided no practical alternative exists and adequate provision is made to protect or enhance the stream through appropriate mitigation. Roads shall be designed and maintained to prevent erosion and restriction of the natural movement of groundwater as it affects the sensitive area. Roads must be located to conform to the topography so that minimum alteration of natural conditions may be required. Where feasible, roads and utilities shall be similarly aligned to minimize the area of disturbance. Roads shall be constructed so as to minimize adverse impacts on the hydroperiod of the stream or to the habitat functions to a degree acceptable to the city. A restoration plan for the area, designed per the standards of a mitigation plan, shall be required.

10. Other Uses. Other uses may be permitted by the city only following review and approval of a sensitive area study and upon a determination that such use can be developed in a manner which would not degrade the quantitative and qualitative functioning of the stream.

11. Passive Recreation. Passive recreation may be permitted, provided public access shall only be allowed upon a finding by the director that such public access will not adversely affect habitat or water quality values of the sensitive area or its buffer and further provided, public access shall be limited to trails, boardwalks, viewing areas, covered seating, and displays, and must be located in areas which have the lowest sensitivity to human disturbance or alteration. Public access must be specifically developed for interpretive, educational or research purposes by, or in cooperation with, the city, or as part of the adopted Snoqualmie Vicinity Comprehensive Plan or other official plan or development approval adopted by the city. No motorized vehicles shall be allowed within a stream or its buffer except as required for necessary maintenance or security. Vegetative edges, structural barriers, signs or other measures must be provided wherever necessary to protect wetlands by limiting access to designated public use or interpretive areas. Access areas must incorporate design features and materials which protect water quality and allow adequate surface and groundwater movement, and must be located so as not to disturb nesting, breeding, and rearing areas.

D. Stream Buffers. Streams shall have the following prescribed buffers:

1. Class 1 streams and Class 2 streams with salmonids shall have a 100-foot buffer.

2. Class 2 streams without salmonids shall have a 50-foot buffer.

3. Class 3 streams shall have a 25-foot buffer.

E. Mitigation. Mitigation shall be required for permitted alterations of streams or their buffers. Stream replacement or enhancement shall result in no net loss of stream functions either on- or off-site due to the alteration. (Ord. 977 § 2, 2005).

19.12.180 Wetlands.

A. Wetland Inventory. The city conducted a wetland inventory in 1991. The wetland inventory maps, on file with the director, are hereby incorporated herein by this reference. The inventory shows the approximate location and extent of wetlands in the city. These maps are to be used as a guide for project applicants and/or property owners to identify potential wetland areas that may be subject to the provisions of this chapter; provided, it is the actual presence of a wetland on or adjacent to a parcel that triggers the requirements of this chapter, whether or not the wetland is present on the wetland inventory maps. The exact location of a wetland’s boundary shall be determined through the performance of a field delineation by a qualified wetland consultant applying the Washington State Wetlands Identification and Delineation Manual (Ecology Publication No. 96-94, 1997) as required by RCW 36.70A.175.

B. State Ratings System. The categorization of wetlands set forth herein is intended to implement the Washington State Department of Ecology wetland rating system found in the Washington State Wetlands Rating System (Western Washington, Ecology Publication No. 04-06-014) as it now exists or may hereafter be revised by the Department of Ecology, which is hereby incorporated herein by this reference. References herein to wetland scores are those scores derived by application of the Washington State Wetlands Rating System. Wetland rating categories shall be applied as the wetland exists at the time of the adoption of this chapter or as it exists at the time of an associated permit application. Wetland categories shall not change due to illegal modifications.

C. Wetland Categorization. Wetlands shall be categorized as follows:

1. Category I. Category I wetlands are:

a. Bogs larger than one-half acre;

b. Mature and old growth forested wetlands larger than one acre; or

c. Wetlands scoring 70 or more points.

2. Category II. Category II wetlands are:

a. Wetlands containing plant species identified as “sensitive” by the Washington State Department of Natural Resources;

b. Bogs between one-quarter and one-half acre in size; or

c. Wetlands scoring between 51 and 69 points.

3. Category III. Category III wetlands are wetlands scoring between 30 and 50 points.

4. Category IV. Category IV wetlands are wetlands scoring less than 30 points.

D. Exemption for Category IV Wetlands of Less Than 500 Square Feet. Category IV wetlands less than 500 square feet in area shall be exempt from the sensitive areas regulations where it has been shown by the applicant that all of the following criteria are met:

1. The wetland is not associated with a riparian corridor;

2. The wetland is not associated with other wetlands through surface or groundwater connections;

3. The wetland does not contain habitat identified as essential for local populations of species identified by the Washington Department of Fish and Wildlife as priority species;

4. Compensatory flood storage for the proposed alteration has been provided equivalent to the amount of flood storage removed from the wetland; and

5. If located in the 100-year floodplain of the Snoqualmie River, the proposal is consistent with the requirements of Chapter 15.12 SMC, Flood Hazard Regulations.

E. Alterations Prohibited. No alteration of a wetland or associated buffer, except those covered in subsection D of this section, shall be permitted unless the city grants a public agency or utility exception or reasonable use exception, or unless the city finds that the development proposal is one of the permitted uses identified in subsection F of this section and the project as proposed preserves or enhances the important wetland and buffer functions and is otherwise consistent with the purposes of this chapter.

F. Permitted Uses and Alterations. Subject to the requirements of the underlying zoning designation and other applicable codes and ordinances, the following uses and alterations shall be permitted within wetlands or their buffers, in accordance with the standards set forth in this section. Mitigation per the requirements of this chapter shall be required for any impact to the sensitive area from these permitted uses and alterations:

1. Educational and Research Activities. Educational and research activities are permitted, not including construction of buildings or other permanent structures;

2. Enhancement. Enhancement of habitat is permitted, based on the submittal of an enhancement plan prepared by a qualified consultant, reviewed and approved by the city in accordance with conditions of development imposed by the city;

3. Storm Water Facilities. Storm water detention/water quality pond discharge facilities located in the outer 15 feet of a wetland buffer are permitted when required by engineering constraints, and when such discharges are designed to be infiltrated into appropriate soils or discharged as surface sheet flow in appropriate slope conditions. Such discharges and facilities must meet the provisions of the surface water design manual. The city must review and approve the submittal to determine that wetland functions will be preserved or enhanced, that storm water discharges to the upper buffers will not negatively affect the hydroperiod of the wetland, and that there will be no adverse impacts to the water quality of the wetland;

4. Public Utilities. Public utilities may be permitted in the wetland buffer, provided no practical alternative exists and adequate provision is made to protect or enhance the function of the wetland or stream buffer through appropriate mitigation. Unless located within a road right-of-way permitted pursuant to subsection (C)(5) of this section, sewer utilities may be constructed only in the outer 15 percent of a wetland buffer if necessary for gravity flow and if the other requirements of this section are met. All construction must be designed to mitigate or protect against erosion, uncontrolled drainage, restriction of groundwater movement, slides, pollution, habitat disturbance, loss of flood-carrying and/or storage capacity, and excessive excavation or fill. Upon completion of installation, wetland and stream buffers must be restored to preproject configurations, replanted as required and maintained, as necessary, until newly planted vegetation is established. All utility corridors should be designed to accommodate joint use in order to reduce the number of such corridors;

5. Roads and Rights-of-Way. Roads and other rights-of-way are permitted, provided no practical alternative exists and adequate provision is made to protect or enhance the wetland through appropriate mitigation. Roads shall be designed and maintained to prevent erosion and restriction of the natural movement of groundwater as it affects the sensitive area. Roads must be located to conform to the topography so that minimum alteration of natural conditions may be required. Where feasible, roads and utilities shall be similarly aligned to minimize the area of disturbance. Roads shall be constructed so as to minimize adverse impacts on the hydroperiod of the wetland, and on the habitat functions of the upland buffer to a degree acceptable to the city. A restoration plan for the area, designed per the standards of a mitigation plan, will be required to be reviewed and approved by the city;

6. Other Uses. Other uses may be permitted by the city only following review and approval of a sensitive area study and upon a determination that such use can be developed in a manner which would not degrade the quantitative and qualitative functioning of the wetland or stream;

7. Passive Recreation. Passive recreation may be permitted, provided public access shall only be allowed upon a finding by the director that such public access will not adversely affect habitat or water quality values of the sensitive area or its buffer, and further provided, public access shall be limited to trails, boardwalks, viewing areas, covered seating, and displays, and must be located in areas which have the lowest sensitivity to human disturbance or alteration. Public access must be specifically developed for interpretive, educational or research purposes by, or in cooperation with, the city, or as part of the adopted Snoqualmie Vicinity Comprehensive Plan or other official plan or development approval adopted by the city. No motorized vehicles shall be allowed within a wetland, stream or their buffers except as required for necessary maintenance or security. Vegetative edges, structural barriers, signs or other measures must be provided wherever necessary to protect wetlands by limiting access to designated public use or interpretive areas. Access areas must incorporate design features and materials which protect water quality and allow adequate surface and groundwater movement, and must be located so as not to disturb nesting, breeding and rearing areas.

G. Wetland Buffers. Wetlands shall have the following prescribed buffers, in accordance with the wetland characteristics and the impact of the adjacent land use, per the following table:


Level of Impact from Proposed Change in Land Use	Types of Land Uses That Cause Impacts Based on Common Zoning Designations
High impact	Commercial/retail Industrial Institutional Residential (zoned at more than one unit/acre) New agriculture (high-intensity such as dairies, nurseries, greenhouses, raising and harvesting crops requiring annual tilling, raising and maintaining animals) High-intensity recreation (golf courses, ball fields) Hobby farms New or expanded roads in excess of local-access streets







Moderate impact	Residential (zoned at one unit/acre or less) Low-intensity commercial or industrial, of a scale and impact similar to that of single-family residential zoned at one unit/acre or less. Moderate-intensity open space (parks) New agriculture (moderate-intensity such as orchards and hay fields) Paved trails Building of logging roads New or expanded local-access streets Railroads







Low impact	Forestry (cutting of trees only) Low-intensity open space (such as passive recreation and natural resource preservation) Unpaved trails

1. Category IV wetlands shall have the following buffers:


Wetland Characteristics	Buffer Widths by Impact of Land Use
Score for all functions less than 30 points	Low impact use – 25 ft. Moderate impact use – 40 ft. High impact use – 50 ft.

2. Category III wetlands shall have the following buffers:


Wetland Characteristics	Buffer Widths by Impact of Land Use
Score for habitat of 20 – 28 points	Low impact use – 50 ft. Moderate impact use – 75 ft. High impact use – 90 ft.







Not meeting above criteria	Low impact use – 40 ft. Moderate impact use – 60 ft. High impact use – 80 ft.

3. Category II wetlands shall have the following buffers:


Wetland Characteristics	Buffer Widths by Impact of Land Use
High level of function for habitat (score for habitat 29 – 36 points)	Low impact use – 75 ft. Moderate impact use – 100 ft. High impact use – 125 ft.







Moderate level of function for habitat (score for habitat 20 – 28 points)	Low impact use – 60 ft. Moderate impact use – 85 ft. High impact use – 110 ft.
High level of function for water quality improvement and low for habitat (score for water quality 24 – 32 points; habitat less than 20 points)	Low impact use – 50 ft. Moderate impact use – 75 ft. High impact use – 100 ft.
Not meeting above criteria	Low impact use – 50 ft. Moderate impact use – 75 ft. High impact use – 100 ft.

4. Category I wetlands shall have the following buffers:


Wetland Characteristics	Buffer Widths by Impact of Land Use
Bogs	Low impact use – 125 ft. Moderate impact use – 150 ft. High impact use – 175 ft.







Forested wetlands	Buffer size to be based on score for habitat functions or water quality functions, below.
High level of function for habitat (score for habitat 29 – 36 points)	Low impact use – 125 ft. Moderate impact use – 150 ft. High impact use – 150 ft.
Moderate level of function for habitat (score for habitat 20 – 28 points)	Low impact use – 100 ft. Moderate impact use – 110 ft. High impact use – 125 ft.
High level of function for water quality improvement and low for habitat (score for water quality 24 – 32 points; habitat less than 20 points)	Low impact use – 100 ft. Moderate impact use – 100 ft. High impact use – 100 ft.
Not meeting above criteria	Low impact use – 100 ft. Moderate impact use – 100 ft. High impact use – 100 ft.

H. Mitigation Ratios. When alteration of wetland or buffers requires mitigation by compensation, compensation for impacts shall be provided at the following ratios:


Category and Type	Creation or Reestablishment	Restoration or Rehabilitation	Enhancement Only
Category IV All	1.5:1	3:1	6:1
Category III All	2:1	4:1	6:1
Category II All	3:1	5:1	6:1
Category I Forested	Not considered possible*	6:1 rehabilitation of a forested wetland	Case-by-case basis*
Category I Bog	Not considered possible*	6:1 rehabilitation of a bog	Case-by-case basis*
Category I Based on score	4:1	6:1	6:1

* Class I bogs and forested wetlands are deemed irreplaceable wetlands, and therefore no amount of compensation would replace these ecosystems. Avoidance is the best option. In the rare case when impacts cannot be avoided, replacement ratios will be determined on a case-by-case basis, and will be significantly higher than for other Class I wetlands, up to 8:1.

(Ord. 977 § 2, 2005).

19.12.190 Fish and wildlife habitat conservation areas.

A. Designation. All wetlands and streams and their buffers, together with all publicly owned open spaces of greater than 10 acres, not including land use perimeter buffers, are hereby designated as fish and wildlife habitat conservation areas, including Meadowbrook Farm, the Two Sisters Return Open Space, Snoqualmie Point, Three Forks Natural Area, the Snoqualmie River Open Space and the Kimball Creek Open Space. Other areas shall be designated as fish and wildlife habitat conservation areas based upon a habitat study conducted pursuant to this section.

B. Alteration. Development proposals in or adjacent to a fish and wildlife conservation area shall not disturb the qualities of the habitat that are essential to maintain feeding, breeding or nesting of a listed species that may utilize the habitats within the fish and wildlife conservation area.

C. Habitat Study. A habitat study shall be required for all development proposals which the director determines may affect the habitat of a listed species. If one or more listed species is using the subject property, the following additional requirements shall apply:

1. The applicant using a qualified professional consultant shall submit a habitat management plan, which at a minimum shall identify the qualities that are essential to maintain viable habitat for listed species using the fish and wildlife conservation area and identify measures to minimize the impact from proposed activities on the habitat. The applicant shall be guided by the document “Management Recommendations for Washington’s Priority Habitats and Species,” issued by the Washington Department of Wildlife, May, 1991, and as may be amended, and by any recovery and management plans prepared by the Washington Department of Wildlife for the listed species pursuant to WAC 232-12-297(11).

2. Conditions shall be imposed, as necessary, based on the measures identified in the habitat management plan.

3. To retain adequate natural habitat for listed species, buffers may be established on a case-by-case basis as described in the habitat management plan. (Ord. 977 § 2, 2005).

19.12.200 Critical aquifer recharge areas.

A. Designation. Critical aquifer recharge areas are designated as follows:

1. Category I critical aquifer recharge areas include those areas that are identified as highly susceptible to groundwater contamination on the 1995 King County map entitled “Areas Susceptible to Groundwater Contamination,” and that are located within a wellhead protection area for any water system designated pursuant to the Federal Safe Drinking Water Act.

2. Category II critical aquifer recharge areas include those mapped areas designated that:

a. Are identified as having a medium susceptibility to groundwater contamination on the 1995 King County map entitled “Areas Susceptible to Groundwater Contamination,” and are located in a wellhead protection area for any water system designated pursuant to the Federal Safe Drinking Water Act; or

b. Are identified as highly susceptible to groundwater contamination on the 1995 King County map entitled “Areas Susceptible to Groundwater Contamination,” but are not located in a wellhead protection area for any water system designated pursuant to the Federal Safe Drinking Water Act.

B. Declassification. An applicant may request that the city declassify a specific area included in the map adopted in subsection A of this section. The application must be supported by a critical areas report that includes a hydrogeologic assessment. The application to declassify an area shall be reviewed by the city and a determination made to amend the map as appropriate.

C. Category I Prohibited Uses. The following new uses or activities are not allowed in Category I critical aquifer recharge areas:

1. Hazardous liquid transmission pipelines;

2. Sand and gravel, and hard rock mining on land that is not zoned for mining as of the effective date of the ordinance codified in this chapter;

3. Mining of any type below the groundwater table;

4. Processing, storage, and disposal of radioactive wastes;

5. Hydrocarbon extraction;

6. Commercial wood treatment facilities on permeable surfaces;

7. Asphalt and concrete facilities;

8. Animal containment areas;

9. Golf courses;

10. Cemeteries;

11. Wrecking and salvage yards;

12. Landfills for hazardous waste, municipal solid waste, or special waste; and

13. On-site septic systems on lots smaller than one acre without a treatment system that results in effluent nitrate-nitrogen concentrations below 10 milligrams per liter.

D. Hydrogeologic Assessment. Those land uses and activities identified in subsections (D)(1) through (D)(11) of this section not specifically prohibited in subsection C of this section shall not measurably degrade the quality of groundwater in a critical aquifer recharge area. Development proposals or alterations involving the following uses of land or activities shall prepare and submit, as part of their critical area study pursuant to SMC 19.12.050, a hydrogeologic assessment of the proposed site to determine if the development proposal or alteration will cause contaminants to enter a critical aquifer recharge area:

1. Hazardous substance processing or handling;

2. On-site sewage disposal for subdivisions, short plats, and commercial and industrial sites;

3. Land application of sludge on sites with an application rate of more than 20 dry tons of sludge per 10-year period or 4.3 dry tons per acre per year;

4. Landfills;

5. Animal containment areas;

6. Mining operations;

7. Golf courses;

8. Cemeteries;

9. Asphalt and concrete facilities;

10. Wrecking and salvage yards;

11. Any other activity which the director, in his or her discretion, determines has the potential to threaten the quality of groundwater in a critical aquifer recharge area.

E. Containment. Every development proposal involving hazardous substance processing or handling which is located in or adjacent to a critical recharge area shall provide containment devices adequate in size to contain on-site any unauthorized release of hazardous substances from any area where these substances are either stored, handled, treated, used, or produced. Containment devices shall prevent such substances from penetrating into the ground. This provision also applies to releases that may mix with storm runoff.

F. Hazardous Substances Management Plan. Every development proposal involving hazardous substance processing or handling which is located in or adjacent to a critical recharge area shall prepare a plan containing procedures to be followed to prevent, control, collect, and dispose of any unauthorized release of a hazardous substance.

G. Storage Tanks.

1. Building and Fire Code Compliance. All storage tanks proposed to be located in a critical aquifer recharge area must comply with local building code requirements and must conform to the 2003 International Fire Code requirements for secondary containment.

2. Underground Tanks. All new underground tanks located in or adjacent to a critical recharge area shall be designed and constructed so as to:

a. Prevent releases due to corrosion or structural failure for the operational life of the tank;

b. Be protected against corrosion, constructed of noncorrosive material, steel-clad with a noncorrosive material, or designed to include a secondary containment system to prevent the release or threatened release of any stored substance; and

c. Use material in the construction or lining of the tank which is compatible with the substance to be stored.

3. Aboveground Tanks. No new aboveground storage tank located in or adjacent to a critical recharge area shall be installed, used or maintained in any manner which may allow the release of a hazardous substance to the ground, ground waters, or surface water.

H. Agriculture. Agricultural activities in or adjacent to a critical recharge area shall use best management practices to prevent ground quality degradation from livestock waste.

I. Sewage Disposal. All residential, commercial or industrial development proposals located in or adjacent to a critical recharge area and within 150 feet of a public sewer system shall be connected to the sewer system.

J. Golf Courses. Golf course operations proposed in or adjacent to a critical recharge area shall be subject to a golf course maintenance plan using best management practices to protect ground water quality. The plan shall detail the proposed use of fertilizers, herbicides, pesticides, fungicides, or other maintenance agents, with projected application methods and schedules and measures to prevent pollution of ground water.

K. Commercial Vehicle Repair and Servicing. Commercial vehicle repair and servicing must be conducted over impermeable pads and within a covered structure capable of withstanding normally expected weather conditions. Chemicals used in the process of vehicle repair and servicing must be stored in a manner that protects them from weather and provides containment should leaks occur. No dry wells shall be allowed in critical aquifer recharge areas on sites used for vehicle repair and servicing. Dry wells existing on the site prior to facility development must be abandoned using techniques approved by the Washington State Department of Ecology prior to commencement of the proposed activity.

L. Other Uses. All other uses shall be conditioned in accordance with the applicable state and federal regulations as necessary to protect critical aquifer recharge areas. (Ord. 977 § 2, 2005).

19.12.210 Sensitive area tracts and notice on title.

A. Sensitive Area Tracts. Any sensitive area and its buffer where development or alteration is prohibited or limited pursuant to this chapter shall be placed in a separate sensitive area tract if determined by the city to be necessary to protect the sensitive area. Sensitive area tracts may be required to be conveyed to the city, if deemed necessary to protect the sensitive area.

B. Notice on Title. The owner of any property that is subject to the provisions of this chapter shall, as a condition of approval pursuant to the provisions of this chapter, record with the records and elections division of King County a notice in a form approved by the city providing notice of the presence of a sensitive area and/or buffer on the property, the application of this chapter to the property, and that limitations on actions in or affecting such areas may exist. The provisions of this section shall not apply where such notice has already been recorded pursuant to a previous approval, such as a final plat. The form of such notice may be adopted by administrative rule. (Ord. 977 § 2, 2005).

19.12.220 Administration and enforcement.

A. This chapter shall be administered by the director, who shall be responsible for the interpretation and application of the provisions hereof. No department of the city shall issue any permit or approval to which the provisions of this chapter apply without the approval of the director.

B. Application for or acceptance of any permit or approval for any use, activity or development proposal constitutes the consent of the applicant for the director to enter the subject site during regular business hours to inspect any use, activity or development proposal for which a permit or approval has been applied for or granted to ensure compliance with the provisions of this chapter, to verify the accuracy of information provided by the applicant or to verify that work is being performed in accordance with approved plans and permits.

C. Stop Work Orders. In the event the director shall determine that any use, activity or construction on a development proposal is not in compliance with the requirements of this chapter or the conditions of any permit or approval relating to sensitive areas, the director is authorized to issue a stop work order. The stop work order shall be posted prominently on the site. When a stop work order has been posted, the use, activity or construction on the development proposal shall not continue until the violation has been corrected. It shall be a misdemeanor to continue the use, activity or construction on a development proposal after the posting of a stop work order, and it shall further be a misdemeanor to remove a stop work order prior to correction thereof.

D. Enforcement Penalties. Any unauthorized alteration of a sensitive area or buffer shall constitute a public nuisance subject to abatement, and any knowing and intentional unauthorized alteration of a sensitive area or buffer shall constitute a misdemeanor. Each day of violation shall constitute a separate offense. The director or his or her designee shall have a right to enter upon any property at reasonable times and to make such inspection necessary to determine compliance with the provisions of this chapter. If the property is occupied, the director shall make reasonable effort to locate the owner or person in charge to request entry. The director is further authorized to take such actions as may be necessary to enforce the provisions of this chapter.

E. Notice to Restore. In addition to all other remedies, the director shall have the authority to issue a notice to restore any unauthorized alteration of a sensitive area or buffer within a reasonable time specified in the notice. For purposes of this subsection, what constitutes a reasonable time shall be determined with due consideration of the environmental harm caused by the alteration and the potential environmental harm caused by delay in restoration. The notice shall be given by in-person delivery, or mailing to the person responsible for the alteration, to his agent, or to the record owner of the property, and shall be given by certified mail, return receipt requested, and ordinary mail; provided, the failure of the addressee to accept the certified mailing shall not affect the director’s authority hereunder. If the site is not restored within the time specified in the notice, then the director may cause the site to be restored to the extent necessary to prevent further environmental harm, and the person responsible for the alteration shall be responsible for the full cost of such restoration.

F. Permit Revocation. In addition to all other remedies, a permit or approval that is subject to sensitive areas review may be revoked or suspended upon a finding by the director that the development is proceeding in violation of any of the terms or conditions of the permit or approval relating to the sensitive areas.

G. Administrative Rules. The director shall have the authority to adopt administrative rules not inconsistent with the provisions of this chapter that are necessary for the implementation of this chapter and to incorporate best management practices in any alterations authorized under this chapter. If any administrative rule prescribed or authorized by this chapter has not been adopted at the time of an application requiring sensitive areas review, the director shall have the authority to require the use of appropriate guidance documents recommended by the Department of Ecology or standards recommended by the city’s qualified sensitive areas consultant. (Ord. 977 § 2, 2005).

19.12.230 Severability.

If any provision of this chapter or its application to any person or property is held invalid, the remainder of the chapter or the application of the provision to other persons or property shall not be affected. (Ord. 977 § 2, 2005).

19.12.240 Liberal construction.

This chapter shall be liberally construed to give full effect to the objectives and purposes for which it was enacted. (Ord. 977 § 2, 2005).