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Ordinance 4106.pdfORDINANCE NO.4106 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTION 23.40.220 ECDC ENTITLED "ALLOWED ACTIVITIES" TO AMEND VEGETATION REMOVAL REQUIREMENTS; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, the allowed activities section of the ECDC 23.40.220 includes a provision for doing invasive species removal to protect and/or restore critical areas, which currently includes a threshold that if the removal of invasive species exceeds 1500 square feet in a 3-year period, a consultant study is required; and WHEREAS, the City Council determined that this requirement could be a deterrent or barrier to community groups or non -profits doing restoration work, and forwarded the issue to the Planning Board for consideration and recommendation; and WHEREAS, the Planning Board has recommended the inclusion of a provision that allows an organization that has demonstrated expertise and experience in the restoration or invasive removal activity to do a restoration or enhancement activity without hiring a consultant; and WHEREAS, the City Council has determined that this provision would encourage appropriate restoration projects and provides assurance as to the quality of the restoration; and WHEREAS, the City Council has determined that minor wording edits should be made to ECDC 23.40.220(8)(a) to clarify the language regarding hand tools and update the time requirement from three years to one year; NOW THEREFORE; THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 23.40.220 of the ECDC, entitled "Allowed activities," is hereby amended to read as follows (new text is shown in uT1dcrli1ic; deleted text is shown in st ike- 23.40.220 Allowed activities. 1 A. Critical Area Report. Activities allowed under this title shall have been reviewed and permitted or approved by the city of Edmonds or other agency with jurisdiction, but do not require submittal of a critical area report, unless such submittal was required previously for the underlying permit. The director may apply conditions to the underlying permit or approval to ensure that the allowed activity is consistent with the provisions of this title to protect critical areas. B. Required Use of Best Management Practices. All allowed activities shall be conducted using the best management practices that result in the least amount of impact to the critical areas. Best management practices shall be used for tree and vegetation protection, construction management, erosion and sedimentation control, water quality protection, and regulation of chemical applications. The city may observe or require independent inspection of the use of best management practices to ensure that the activity does not result in degradation to the critical area. Any incidental damage to, or alteration of, a critical area shall be restored, rehabilitated, or replaced at the responsible party's expense. C. Allowed Activities. The following activities are allowed: 1. Permit Requests Subsequent to Previous Critical Areas Review. Development permits and approvals that involve both discretionary land use approvals (such as subdivisions, rezones, or conditional use permits) and construction approvals (such as building permits) if all of the following conditions have been met: a. The provisions of this title have been previously addressed as part of another approval; b. There have been no material changes in the potential impact to the critical area or buffer since the prior review; c. The permit or approval has not expired or, if no expiration date, no more than five years have elapsed since the issuance of that permit or approval; d. There is no new information available that is applicable to any critical area review of the site or particular critical area; and e. Compliance with any standards or conditions placed upon the prior permit or approval has been achieved or secured; 2 2. Modification to Structures Existing Outside of Critical Areas and/or Buffers. Structural modification of, addition to, or replacement of a legally constructed structure existing outside of a critical area or its buffer that does not further alter or increase the impact to the critical area or buffer and there is no increased risk to life or property as a result of the proposed modification or replacement; 3. Modifications to Existing Structures within Critical Areas and/or Buffers. Modification to a legally constructed structure existing within a critical area or buffer shall be allowed when the modification: a. Does not increase the footprint of the structure; and b. Does not increase the impact to the critical area or buffer; and c. Does not increase risk to life or property as a result of the proposed modification or replacement. Additions to legally constructed structures existing within a critical area or buffer that do increase the existing footprint of development shall be subject to and permitted in accordance with the development standards of the associated critical area type (see ECDC 23.50.040 and 23.90.040). This provision shall be interpreted to supplement the provisions of the Edmonds Community Development Code relating to nonconforming structures in order to permit the full reconstruction of a legal nonconforming building within its footprint; 4. Development Proposals within Interrupted Stream or Wetland Buffers. Adjacent areas that may be physically separated from a stream or wetland due to existing, legally established structures or paved areas may be exempted from the prescribed buffer widths if proven scientifically to be functionally isolated from the stream or wetland. The director will require the applicant to provide a site assessment and functional analysis documentation report by a qualified critical area consultant that demonstrates the interrupted buffer area is functionally isolated. The director shall consider the hydrologic, geologic, and/or biological habitat connection potential and the extent and permanence of the physical separation; 5. Activities within the Improved Right -of -Way. Replacement, modification, installation, or construction of utility facilities, lines, pipes, mains, equipment, or appurtenances, when such facilities are located within the improved portion of the public right-of-way or a city -authorized private roadway, except those activities that alter a wetland or watercourse, such as culverts or bridges, or result in the transport of sediment or increased storm water; 6. Minor Utility Projects. Utility projects that have minor or short -duration impacts to critical areas, as determined by the director in accordance with the criteria below, and which do not significantly impact the function or values of a critical area(s); provided, that such projects are constructed with best management practices and additional restoration measures are provided. Minor activities shall not result in the transport of sediment or increased storm water. Such allowed minor utility projects shall meet the following criteria: a. There is no practical alternative to the proposed activity with less impact on critical areas; b. The activity involves the placement of utility pole(s), street sign(s), anchor(s), or vault(s) or other small component(s) of a utility facility; and c. The activity involves disturbance of an area less than 75 square feet; 7. Public and Private Pedestrian Trails. New public and private pedestrian trails subject to the following: a. The trail surface shall be limited to pervious surfaces and meet all other requirements, including water quality standards set forth in the current editions of the International Residential Code and International Building Code, as adopted in ECDC Title 19; b. Critical area and/or buffer widths shall be increased, where possible, equal to the width of the trail corridor, including disturbed areas; rd c. Trails proposed to be located in landslide or erosion hazard areas shall be constructed in a manner that does not increase the risk of landslide or erosion and in accordance with an approved geotechnical report; and d. Trails located only in the outer 25 percent of critical areas buffers, and located to avoid removal of significant trees. Where existing legally established development has reduced the width of the critical areas buffer, trails may be placed in the outer 25 percent of the remaining critical area buffer. The trail shall be no more than five feet in width and for pedestrian use only. Raised boardwalks utilizing nontreated pilings may be acceptable. Allowances for trails within the inner 75 percent of critical areas buffers are provided within applicable sections of Chapters 23.50 through 23.90 ECDC; 8. Select Vegetation Removal Activities. The following vegetation removal activities: a. The removal of the following vegetation with hand labor and hand ewe tools for the purpose of habitat restoration when the area of work is under 1,500 square feet in area as ealeulated ^ ulati,,el y Over three years per ypar: L Invasive and noxious weeds; ii. English ivy (Hedera helix); iii. Himalayan blackberry (Rubus discolor, R. procerus); iv. Evergreen blackberry (Rubus laciniatus); v. Scot's broom (Cytisus scoparius); and vi. Hedge and field bindweed (Convolvulus sepium and C. arvensis); Removal of these invasive and noxious plant species shall be restricted to hand removal unless permits or approval from the appropriate regulatory agencies have been obtained for approved biological or chemical treatments or other removal techniques. All removed plant material shall be taken away from the site and appropriately disposed of. Plants that appear on the Washington State Noxious Weed Control Board list of noxious weeds must be handled and disposed of according to a noxious weed control plan appropriate to that species. For activities intended to protect or restore habitat in wetlands or fish and wildlife habitat conservation areas, vegetation removal under this section may exceed the 1,500 square foot limitation if. i. The activity is proposed and managed by a non-profit or other organization, approved by the City, that has demonstrated expertise and experience in the restoration or invasive removal activity; and, H. The project sponsor provides a specific proposal identifying the scope and location of the project, provides for project supervision, and includes a monitoring and inspection schedule acceptable to the City and approved by the appropriate City department; b. The removal of trees from critical areas and buffers that are hazardous, posing a threat to public safety, or posing an imminent risk of damage to private property; provided, that: i. The applicant submits a report from an ISA- or ASCA-certified arborist or registered landscape architect that documents the hazard and provides a replanting schedule for the replacement trees; ii. Tree cutting shall be limited to pruning and crown thinning, unless otherwise justified by a qualified professional. Where pruning or crown thinning is not sufficient to address the hazard, trees should be removed or converted to wildlife snags; iii. All vegetation cut (tree stems, branches, etc.) shall be left within the critical area or buffer unless removal is warranted due to the potential for disease or pest transmittal to other healthy vegetation or unless removal is warranted to improve slope stability; iv. The land owner shall replace any trees that are removed with new trees at a ratio of two replacement trees for each tree removed (2:1) within one year in accordance with an approved restoration plan. Replacement trees Ce may be planted at a different, nearby location if it can be determined that planting in the same location would create a new hazard or potentially damage the critical area. Replacement trees shall be species that are native and indigenous to the site and a minimum of one to two inches in diameter at breast height (dbh) for deciduous trees and a minimum of six feet in height for evergreen trees as measured from the top of the root ball; v. If a tree to be removed provides critical habitat, such as an eagle perch, a qualified wildlife biologist shall be consulted to determine timing and methods of removal that will minimize impacts; and vi. Hazard trees determined to pose an imminent threat or danger to public health or safety, to public or private property, or of serious environmental degradation may be removed or pruned by the land owner prior to receiving written approval from the city; provided, that within 14 days following such action, the land owner shall submit a restoration plan that demonstrates compliance with the provisions of this title; c. Measures to control a fire or halt the spread of disease or damaging insects consistent with the State Forest Practices Act, Chapter 76.09 RCW; provided, that the removed vegetation shall be replaced in kind or with similar native species within one year in accordance with an approved restoration plan; d. Chemical Applications. The application of herbicides, pesticides, organic or mineral -derived fertilizers, or other hazardous substances, if necessary, as approved by the city; provided, that their use shall be restricted in accordance with State Department of Fish and Wildlife Management Recommendations and the regulations of the State Department of Agriculture, the U.S. Environmental Protection Agency, and Department of Ecology; and e. Unless otherwise provided, or as a necessary part of an approved alteration, removal of any vegetation or woody debris from a fish and wildlife habitat conservation area or wetland shall be prohibited; 7 9. Minor Site Investigative Work. Work necessary for land use submittals, such as surveys, soil logs, percolation tests, and other related activities, where such activities do not require construction of new roads or significant amounts of excavation. In every case, impacts to the critical area shall be minimized and disturbed areas shall be immediately restored; and 10. Navigational Aids and Boundary Markers. Construction or modification of navigational aids and boundary markers. Section 2. Severability. If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Section 3. Effective Date. This ordinance, being an administrative function of the city council, is not subject to referendum and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. AP R VED: MAYOR D VE EARLING ATTEST/AUTHENTICATED : C1"1 Y CLERK, SCOFf PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY FF TARADAY FILED WITH THE CITY CLERK: April 13, 2018 8 PASSED BY THE CITY COUNCIL: April 17, 2018 PUBLISHED: April 22, 2018 EFFECTIVE DATE: April 27, 2018 ORDINANCE NO. 4106 SUMMARY OF ORDINANCE NO.4106 of the City of Edmonds, Washington On the 17"' day of April, 2018, the City Council of the City of Edmonds, passed Ordinance No. 4106. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTION 23.40.220 ECDC ENTITLED "ALLOWED ACTIVITIES" TO AMEND VEGETATION REMOVAL REQUIREMENTS; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this 181h day of April, 2018. C CLLRK, SCOT"' PASSEY 10