Ordinance 28740006.150.104
WSS/klt/naa
02/27/92
ORDINANCE NO. 2874,
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADDING INTERIM CRITICAL AREAS AND
RESOURCE LANDS TITLE TO THE EDMONDS COMMUNITY
DEVELOPMENT CODE AS CHAPTER 20.15B, AND FIXING
A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, pursuant to the direction and mandate of the
Washington Growth Management Act of 1990 (RCW 36.70A and HB2929)
the City of Edmonds is required to adopt interim provisions
relating to evironmentally sensitive and critical areas; and
WHEREAS, the interim provisions considered by the Council
were developed by its consultant, amended to reflect public
concerns and comments and have received the favorable
recommendation of its Planning Board, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. A new Chapter 20.15B entitled INTERIM
CRITICAL AREAS is hereby added to the Edmonds Community Development
Code to read as follows:
INTERIM CRITICAL AREAS
20.15B.010 LEGISLATIVE FINDINGS
The purpose of this Chapter is to establish
special interim standards for the protection
of Critical Areas in compliance with the
provisions of the Washington Growth Management
Act of 1990 (RCW 36.70 A and HB 2929) and to
supplement the development requirements
contained in the Edmonds Municipal Code, for
the purpose of regulating development of
lands, based on the existence of Critical
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Areas as defined in this Chapter. The
standards and procedures established in this
Chapter are intended to protect
environmentally Critical Areas while
accommodating the rights of property owners to
use their property in a reasonable manner. It
has been determined that the City of Edmonds
does not contain any Natural Resource Lands as
defined by the Growth Management Act.
By regulating development and alterations to
Critical Areas and their buffers this Chapter
seeks to:
A. Protect members of the public, and public
and private resources and facilities from
injury, loss of life, property damage or
financial losses due to flooding,
erosion, landslide, seismic events, soils
subsidence or steep slope failure;
B. Protect unique, fragile and valuable
elements of the environment including
streams, wetlands, wildlife and its
habitat;
C. Mitigate impacts to environmentally
Critical Areas and their buffers that are
excepted, allowed, or otherwise
authorized under this Chapter by
regulating alterations in and adjacent to
them;
D. Reduce cumulative adverse environmental
impacts to water availability, water
quality, wetlands, streams and other
aquatic resources;
E. Alert members of the public, including:
appraisers, assessors, owners, potential
buyers, or lessees, to the development
limitations of Critical Areas and their
required buffers; and
F. Provide City officials with the
information and authority to protect
Critical Areas and their buffers, and
implement the policies of the State
Environmental Policy Act, RCW CH. 43.21C,
the City of Edmonds Comprehensive Plan,
and the Growth Management Act of 1990.
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20.15B.020 DEFINITIONS
For purposes of this Chapter, the following
definitions shall apply:
A. Adjacent. "Adjacent" means a development
proposal within an area to twice the
standard buffer as set back established
by this Chapter for the Critical Area.
B. Alteration. "Alteration" means any
human -induced action which changes the
existing condition of a Critical Area or
its buffer. Alterations include, but are
not limited to: grading; filling;
dredging; draining; channelizing;
cutting, pruning, limbing or topping,
clearing, relocating or removing
vegetation; applying herbicides or
pesticides or any hazardous or toxic
substance; discharging pollutants;
paving, construction, 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 value of a
Critical Area.
C. Best Management Practices. "Best
Management Practices" means a system of
practices and management measures that:
1. Control soil loss and reduce water
quality degradation caused by
nutrients, animal waste, and toxics;
2. Control the movement of sediment and
erosion caused by land alteration
activities;
3. Minimize adverse impacts to surface
and ground water quality, flow, and
circulation patterns; and
4. Minimize adverse impacts to the
chemical, physical, and biological
characteristics of critical areas.
D. Buffer. "Buffer" means the designated
area immediately next to and a part of a
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steep slope or landslide hazard area and
which protects slope stability,
attenuation of surface water flows and
landslide hazards reasonably necessary to
minimize risks to persons or property; or
a designated area immediately next to and
part of a stream or wetland that is an
integral part of the stream or wetland
ecosystem.
E. City. "City" means the City of Edmonds.
F. Class. "Class" or "wetland class" means
descriptive categories of wetland
vegetation communities within the
wetlands taxonomic classification system
of the U.S. Fish and Wildlife Service
(Cowardin, et al 1979).
G. Clearing. "Clearing" means the act of
cutting and/or removing vegetation. This
definition shall include grubbing
vegetation.
H. Compensation Project. "Compensation
Project" means an action(s) specifically
designed to replace project- induced
Critical Area or buffer losses.
Compensation project design elements may
include, but are not limited to: land
acquisition procedures; detailed plans
including: functional value assessments,
detailed landscaping designs,
construction drawings, and monitoring and
contingency plans.
I. Compensatory Mitigation. "Compensatory
Mitigation" means replacing project
induced Critical Area or buffer losses or
impacts. Compensatory mitigation can
include, but is not limited to
restoration or creation of lost or
impacted functional values. Enhancement
of Critical Areas may be used for partial
compensatory mitigation per the
requirements of Section 20.15B.160 of
this Chapter.
J. Creation. "Creation" means a
compensation project performed to
intentionally establish a wetland or
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stream at a site where one did not
formerly exist.
K. Critical Areas. "Critical Areas" for the
City of Edmonds means fish and wildlife
habitat conservation areas, frequently
flooded areas, geologically hazardous
areas, streams, and wetlands, each as
defined within this Section of this
Chapter.
L. Critical Habitat. "Critical Habitat"
means habitat areas associated with
endangered, threatened, rare, sensitive,
or monitor species as defined by the
State of Washington, Department of
Natural Resources, or the U.S. Fish and
Wildlife Service. These habitats, if
altered, could reduce the likelihood that
the species will maintain and reproduce
over the long term. Such habitat areas
are documented with reference to lists,
categories, and definitions of species
promulgated by the Washington Department
of Wildlife (Non -game Data System Special
Animal Species) as identified in WAC 232-
12-011 or 232-12-014 and in the Priority
Habitat Species lists compiled in
compliance with WAC 365-190-080; or by
rules and regulations adopted currently
or thereafter by the US. Fish and
Wildlife Service.
M. Developable Area. "Developable Area"
means the area outside of any Critical
Area and its required setback or buffer.
N. Development Proposal. "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; binding site plan; conditional
use permit; franchise; right-of-way
permit; grading and clearing permit;
mixed use approval; planned residential
development; shoreline conditional use
permit; shoreline substantial development
permit; shoreline variance; short
subdivision; special use permit;
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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.
O. Enhancement. "Enhancement" means an
action taken to improve the condition and
function of a Critical Area. In the case
of wetland or stream, the term means a
compensation project performed to improve
the conditions of an existing degraded
wetland or stream to increase its
functional value.
P. Erosion. "Erosion" means the process in
which soil particles are mobilized and
transported by natural agents such as
wind, rain, frost action, or stream flow.
Q. Existing and Ongoing Agriculture.
"Existing and Ongoing Agriculture" means
those activities conducted on lands
defined in RCW 84.34.020(2), and those
activities involved in the production of
crops or livestock. Activities may
include the operation and maintenance of
farm and stock ponds or drainage ditches;
operation and maintenance of existing
ditches, irrigation systems including
irrigation laterals, canals, or
irrigation drainage ditches; changes from
one type of agricultural activity to
another agricultural activity; and normal
maintenance, repair, or operation of
existing serviceable structures,
facilities, or improved areas.
Activities which bring a non-agricultural
area into agricultural use are not part
of an ongoing operation. An operation
ceases to be ongoing when the area on
which it is conducted is converted to a
nonagricultural use or has lain idle for
more than five years.
R. Fish and Wildlife Habitat Conservation
Areas. "Fish and Wildlife Habitat
Conservation Areas" means those areas
within the City of Edmonds which provide
habitat for state or federally listed
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rare, endangered, threatened, or
sensitive species; for species of local
importance as defined by this Chapter and
identified in the Administrative Rules;
or for habitat communities of exceptional
habitat value inventoried and mapped
within the City.
S. Floodplain. "Floodplain" means the total
area subject to inundation by a 11100-year
flood". 11100-year flood" means a flood
having a one percent chance of being
equaled or exceeded in any given year.
T. Frequently Flooded Areas. "Frequently
Flooded Areas" means those lands in the
floodplain subject to a one percent or
greater chance of flooding in any given
year. These areas include, but are not
limited to: streams, rivers, lakes,
coastal areas, wetlands, and the like.
U. Functions. "Functions" means the roles
served by Critical Areas including, but
not limited to: water quality protection
and enhancement;' fish and wildlife
habitat; food chain support; flood
storage, conveyance and attenuation;
groundwater recharge and discharge;
erosion control; wave attenuation;
aesthetic value protection; and
recreation. These roles are not listed
in order of priority.
V. Geologically Hazardous Areas.
"Geologically Hazardous Areas" means
areas that because of their
susceptibility to erosion, landslide,
sliding and/or potential seismic
instabilities, are not suited to
development consistent with public health
or safety concerns. For the City of
Edmonds these areas include the
following:
1. Erosion Hazard Areas are those areas
of the City of Edmonds containing
soils which may experience severe to
very severe erosion hazard. This
group of soils includes but is not
limited to the following when they
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occur on slopes of fifteen percent
(15%) or greater:
a. Alderwood soils (15%-25%
slopes)
b. Alderwood/Everett Series (25%-
70 % slopes)
c. Everett Series (15%-25% slopes)
2. Landslide Hazard Areas are those
areas of the City of Edmonds which,
by reason of excessively steep
slopes, unsatisfactory foundation
support, stability or topography,
has a risk of earth subsidence and
landslide hazard in excess of normal
allowances. The 1979 report of
Roger Lowe Associates, as amended by
the 1985 report of Geoengineers,
Inc., and the landslide hazard maps
established as a part of said
reports, are incorporated by this
reference and made a part of this
Chapter as fully as if herein set
forth. Areas designated on said
maps, or areas which match the
criteria as Geological Hazard Areas
as defined by this Chapter shall be
subject to the requirements of this
Chapter. Field criteria for
identifying Landslide Hazard areas
include the following:
a. Any area with slopes greater
than fifteen percent (15%) and
impermeable soils (typically
silt and clay) frequently
interbedded with granular soils
(predominantly sand and gravel)
and springs or groundwater
seepage;
b. Any area which includes areas
with significant visible
evidence of groundwater
seepage, and which also
includes existing landslide
deposits, regardless of slope;
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C. 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
qualified geologist or
geotechnical consultant;
d. Any area potentially unstable
as a result of rapid stream
incision or stream bank
erosion; or
e. Any area located on an alluvial
fan, presently subject to, or
potentially subject to,
inundation by debris flow or
d e p o s i t i o n o f
stream -transported sediments.
3. Steep Slope Hazard Areas are those
areas where the ground rises at an
inclination of 30% or more within a
vertical elevation change of at
least ten feet (a vertical rise of
ten feet or more, for every thirty-
three feet of horizontal distance).
A slope is delineated by
establishing its toe and top, and
measured by averaging the
inclination over at least ten feet
of vertical distance.
4. Seismic Hazard Areas are those areas
subject to severe risk of earthquake
damage as a result of seismically
induced landslides, earth
adjustments, settlement or soil
liquefaction.
W. Geologist. "Geologist" means a person
who has earned a degree in geology from
an accredited college or university and
has at least five years of experience as
a practicing geologist or four years of
experience and at least tow years of
post -graduate study, research or
teaching. The practical experience shall
include at least three years work in
applied geology and landslide evaluation
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in close association with qualified
practicing geologists and
geotechnical/civil engineers.
X. Geotechnical Engineer. "Geotechnical
Engineer" means a practicing
geotechnical/civil engineer licensed as a
professional civil engineer in the state
of Washington who has at least four years
of professional employment as a
geotechnical engineer in responsible
charge including experience with
landslide evaluation.
Y. Grading. "Grading" means any one or
combination of excavating, filling, or
disturbance of that portion of the soil
profile which contains decaying organic
matter.
Z. Habitats of Local Importance. "Habitats
of Local Importance" include a seasonal
range or habitat element with which a
given species has a primary association,
and which, if altered, may reduce the
likelihood that the species will maintain
and reproduce over the long-term. These
might include areas of high relative
density or species richness, breeding
habitat, winter range, and movement
corridors. These might also include
habitats that are of limited availability
or high vulnerability to alteration, such
as cliffs, shorelines, coastal beaches,
mud -flats and eel -grass beds, and
wetlands.
AA. Lona-term Commercial Significance.
"Long-term Commercial Significance" means
the growing capacity, productivity, and
soil composition of the land for long-
term commercial production, in
consideration with the land's proximity
to population areas, and the possibility
of more intense uses of land.
BB. Mitigation. "Mitigation" means the use
of any or all of the following actions
that are listed in descending order of
preference:
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a
1. Avoid the impact altogether by not
taking a certain action or parts of
an action;
2. Minimize impacts by limiting the
degree or magnitude of the action
and its implementation, by using
appropriate technology, or by taking
affirmative steps to avoid or reduce
impacts;
3. Rectify the impact by repairing,
rehabilitating or restoring the
affected Critical Area;
4. Reduce or eliminate the impact over
time by preservation or maintenance
operations during the life of the
development proposal;
5. Compensate for the impact by
replacing, enhancing or providing
substitute Critical Areas and
environments; and
6. Monitor the impacts and take
appropriate corrective measures.
CC. Native Growth Protection Easements.
"Native Growth Protection Easements
(NGPE)" means an easement granted to the
City for the protection of native
vegetation within a Critical Area or its
buffer.
DD. Native Vegetation. "Native Vegetation"
means vegetation comprised of plant
species which are indigenous to the Puget
Sound region and which reasonably could
have been expected to naturally occur on
the site. Native vegetation does not
include noxious weeds as defined by the
State of Washington or federal agencies.
EE. Natural Resource Lands. "Natural
Resource Lands" means agricultural,
forest, and mineral resource lands which
have long-term commercial significance.
FF. Noxious Weeds. "Noxious weeds" means any
plant which when established is highly
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destructive, competitive or difficult to
control by cultural or chemical
practices, as further listed in Title 16-
750 WAC.
GG. Qualified Critical Area Consultant.
"Qualified Critical Area Consultant"
means a person who has the qualifications
specified below to conduct Critical Areas
studies pursuant to this Chapter, and to
make recommendations for Critical Areas
mitigation. For areas of potential
geologic instability, the qualified
Critical Areas consultant shall be a
geologist or geotechnical engineer. For
wetlands and streams, the qualified
Critical Areas consultant shall be a
specialist in botany, fisheries, wetland
biology, and/or hydrology with a minimum
of two years field experience with
wetlands and/or streams in the Pacific
Northwest.
HH. Resource Lands. "Resource Lands" means
areas with long-term commercial timber,
agricultural, and mineral values.
II. Restoration. "Restoration" means the
actions necessary to return a stream,
wetland or other Critical Area to a state
in which its stability, and functions and
values approach its unaltered state as
closely as possible.
JJ. Species of Local Importance. "Species of
Local Importance" means those species
that are of local concern due to their
population status, their sensitivity to
habitat manipulation, or that are game
(hunted) species.
KK. Streams. "Streams" means any area where
surface waters produce a defined channel
or bed which demonstrates clear evidence,
such as the sorting of sediments, of the
passage of water. The channel or bed
need not contain water year-round. This
definition is not meant to include
irrigation ditches, canals, storm or
surface water runoff devices or other
entirely artificial watercourses unless
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they are used by salmonids or used to
convey streams naturally occurring prior
to construction of such watercourse.
Streams are further categorized into
Categories 1, 2 and 3 as follows:
1. Category 1 Streams. "Category 1
Streams" means those streams where
the mean annual flow is greater than
twenty cubic feet per second and it
is either defined as "Shorelines of
the State" under the City's
Shoreline Management Regulations and
the Edmonds Shoreline Master Program
pursuant to RCW Chapter 90.58.
2. Category 2 Streams. "Category 2
Streams" means those streams smaller
than Category 1 streams and which
are perennial; or those streams
which are perennial or ephemeral and
are used by salmonids.
3. Category 3 Streams. "Category 3
Streams" means those streams that
are intermittent or ephemeral during
years of normal rainfall and are not
used by salmonids.
LL. Stormwater Management Manual.
"Stormwater Management Manual" means the
Stormwater Management Manual for the
Puget Sound Basin (June 1991, Draft)
manual currently in Draft form by the
Washington State Department of Ecology.
MM. Urban Growth. "Urban Growth" means
growth that makes intensive use of land
for the location of buildings,
structures, and impermeable surfaces to
such a degree as to be incompatible with
the primary use of such land for the
production of food, other agricultural
products, or fiber, or the extraction of
mineral resources. When allowed to
spread over wide areas, urban growth
typically requires urban governmental
services. Land can by characterized by
urban growth when urban growth is located
upon it, or the land is located in
relationship to an area with urban growth
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on it as to be appropriate for urban
growth.
NN. Vadose Zone. "Vadose Zone" means the
surface layers of the soils and earth
which may contain shallow water -tables
above permanent groundwater areas.
00. Wetlands. "Wetlands" means those areas
that are inundated or saturated by ground
or surface 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 include bogs,
swamps, marshes, ponds and similar areas.
(U.S. Environmental Protection Agency 40
CFR 232.2(r)(1988). 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. However, wetlands may include
those artificial wetlands intentionally
created from non -wetland areas created to
mitigate conversion of wetlands if
permitted by the City (WAC 365-190-010).
PP. Wetland Functions. "Wetland Functions"
means those natural processes performed
by wetlands, such as facilitating food
chain production, providing habitat for
nesting, rearing and resting sites for
aquatic, terrestrial or avian species,
maintaining the availability and quality
of water, acting as recharge and/or
discharge areas for groundwater aquifers,
and moderating surface water and storm
water flows.
20.15B.030 APPLICABILITY AND GENERAL
PROCEDURES
A. Applicability and Compliance. This
Chapter establishes regulations and
procedures for the protection of lands
which contain or are adjacent to Critical
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Areas. Compliance with the provisions of
this Chapter shall be required of all
development proposals within the City, as
defined in Section 20.15B.020(N), except
as provided in Section 20.15B.040 below.
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 the event any provision of this
Chapter conflicts with any other
applicable law or Chapter, that which
provides the greatest protection to the
Critical Area shall apply. Prior to
fulfilling the requirements of this
Chapter, the City shall not grant any
approval or permission to conduct
development or use in a Critical Area.
B. Administrative Rules. The City Planning
Department may develop and adopt
Administrative Rules for the purpose of
carrying out the provisions of this
Chapter in a more consistent and
prescribed manner.
C. Inventory and Mapping. This Chapter
shall apply to all Critical Areas located
within the City of Edmonds. The City
shall conduct an inventory of the
Critical Areas in compliance with the
requirements of the Growth Management
Act. Critical Areas not mapped are
presumed to be present within the City
and are protected by the provisions of
this Chapter. In the event that there is
a conflict between a mapped Critical Area
and the criteria set forth in this
Chapter, the criteria and the site
specific conditions shall control.
20.15B.040 EXEMPTIONS AND EXCEPTIONS
A. 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 as
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defined in Title 20.110.020 (D) of
the ECDC;
2. Remodelling, reconstruction or
replacement of legal structures and
improvements that do not meet the
requirements of this Chapter but
which are in existence on the date
this Chapter becomes effective,
provided that such activity does not
increase the potential impact to a
Critical Area or its buffer; or in
the case of an existing structure or
improvement in geologically
hazardous areas, does not create the
potential of soil movement or risk
of harm or damage to existing uses
or development; or to the public
safety;
3. Normal and routine maintenance or
repair of existing utility
structures or developed rights -of -
way; or installation, relocation,
replacement, operation, or
alteration of utilities within
existing public rights -of -way or
public easements. Alterations caused
to fish and wildlife habitats,
streams, or wetlands by utility work
within an existing right-of-way must
restore the Critical Area to, at the
least, its former functional value
at the completion of the utility
construction;
4. Existing and ongoing agriculture as
defined in Section 20.15B.020(Q) of
this Chapter. Such activities shall
not allow Critical Areas or their
buffers which are not currently
under agricultural use to be
converted to agricultural use.
Normal and routine maintenance of
existing irrigation and drainage
ditches shall be exempt except for
those ditches used by salmonids; or
5. An application for a building permit
for a lot within a development for
which a Critical Area study
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previously has been prepared;
provided, that the previous study
contemplated and evaluated the type
of development proposed to occur on
the lot. This exemption does not
preclude City staff from
conditioning a land -division permit
pursuant to the requirements of this
Chapter to require subsequent
individual building permit review on
specific lots within a subdivision
or short -plat.
Except for emergencies as outlined in
subparagraph A(1) in this Section, City
Planning staff shall review the proposed
action and determine whether or not the
proposal is subject to these exemption
provisions. The intention of this Section is
to allow staff to waive the requirements of
this Chapter for actions which are determined
to either not pose any threat to a Critical
Area or its buffer, or which are ongoing and
existing activities which were in place prior
to the implementation of this Chapter.
B. Public Agency or Utility Exception. If
the application of this ordinance would
prohibit a development proposal essential
to its ability to provide service 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 they find that there is no
other feasible alternative to the
proposed development with less impact on
Critical Areas, and the proposal
minimizes the impact on Critical Areas.
Any decision of the hearing examiner is
final unless appealed pursuant to Section
20.15B.180(C). Proposals approved for an
Exception by this section shall be
constructed using Best Management
Practices as defined within this Section
20.15B.020(C).
C. Reasonable Use Exception. If the
application of this ordinance would deny
all reasonable use of the property,
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development may be allowed which is
consistent with the general purposes of
this ordinance and the public interest
provided that the hearing examiner, after
a public hearing finds:
1. This ordinance would otherwise deny
all reasonable use of the property;
2. There is no other reasonable use
consistent with the underlying
zoning with less impact on the
Critical 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;
4. Any proposed alteration of the
Critical Area or its buffer is
minimized to the extent possible to
allow for reasonable use of the
property;
5. The proposed activity complies with
all state, local, and federal laws
including those related to sediment
control, pollution control,
floodplain restrictions, and on -site
wastewater disposal; and
6. The inability to derive reasonable
economic use of the property is not
the result of actions by the
applicant or a predecessor in title
in segregating or dividing the
property and creating the
undevelopable condition after the
effective date of this Chapter.
7. The applicant has pursued all
available administrative remedies to
obtain reasonable use including the
provisions of Section 20. 15B. 180 (A) .
Any decision of the Hearing Examiner regarding
this reasonable use exception shall be final
unless appealed to the City Council pursuant
to Section 20.15B.180(C).
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20.15B.050 SEQUENCE OF ACTIONS
When an application for a development
proposal, as defined by this Title, is made,
the following sequence of actions will be
required of the applicant and City staff,
prior to the staff accepting the permit
application into the review process. Details
of the full Sequence of Actions will be
contained in the Administrative Rules for this
Title.
A. Applicant completes and submits a
Critical Areas Checklist, as provided in
the Administrative Rules for this
Chapter, to Planning staff;
B. Staff reviews the Checklist and
determines any requirement for detailed
Critical Area study within three weeks of
receipt of the Checklist or waiver for
further study as outlined in Section
20.15B.150;
C. A Pre -application Meeting is conducted by
staff to explain the significance of
Critical Areas on the development permit
process and timing. Included will be an
explanation of Standards of Approval,
and applicable Development Standards, as
outlined in Section 20.15B.080 et. seq.,
and other applicable state and federal
laws. The Pre -application meeting shall
be set at the earliest possible time,
after staff review of the Checklist, for
City staff and the applicant;
D. If a Critical Area is determined to be
present then there will be a requirement
for a Critical Area Study per Section
20.15B.150 of the Title. The development
permit application will not be considered
complete until the completed Critical
Areas study is submitted;
E. City staff will review the Critical Area
Study and the development proposal within
three weeks of receipt;
F. The development permit application shall
be conditioned to meet the provisions of
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WSS14820.10
the Chapter; or, if it is determined that
adverse Critical Area impacts will be
authorized, to provide for reasonable use
of a property, then the applicant shall
submit the design of a detailed
Compensatory Mitigation Plan per the
standards of Section 20.15B.160; and
G. City staff shall review the proposed
Compensatory Mitigation plan to determine
acceptance/denial of the proposed
compensation. City staff may request
review of the proposal by resource agency
staff or a technical consultant of their
choosing per Section 20.15B.150E.
20.15B.060 PRE -APPLICATION MEETING
When it is determined that a development
proposal may impact a Critical Area or its
buffer, the applicant and their representative
shall meet with the City planning official
prior to the submittal of any development
permit applications. Prior to the
Pre -application meeting the applicant will
have completed a Critical Area Checklist and
submitted it to staff review.
The purpose of the pre -application meeting is
to review the proposed project in relation to
the Standards of Approval, Section 20.15B.080,
and the applicable Development Standards,
Section 20.15B.090 through Section 20.15B.140;
to establish the need for Critical Area
Studies, as outlined in Section 20.15B.150;
and, when potential adverse impacts to
Critical Areas or their buffers are indicated,
to utilize the appropriate sequence of
mitigation actions as outlined in Section
20.15B.160. In addition, the applicant shall
be notified of the existence of federal and
state regulations regarding wetlands or other
Critical Areas and that it is the applicants'
responsibility to determine the applicability
of state and federal regulations to the
applicants proposed action.
20.15B.070 CLASSIFICATION
A. Critical Areas. The following areas, as
defined in Section 20.15B.020, are
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W3S14820.10
classified as Critical Areas: frequently
flooded areas, geologically hazardous
areas, streams, wetlands, and wildlife
habitat conservation areas.
1. Fish and Wildlife Habitat
Conservation Areas. Fish and
Wildlife habitat conservation areas
are those areas within the City of
Edmonds which provide habitat for
state or federally listed rare,
endangered, threatened, or sensitive
species; for species of local
importance as identified in the
Administrative Rules; or for habitat
communities of exceptional habitat
value inventoried and mapped within
the City. Aquatic habitats and
dependent species such as salmonids
are also regulated under Section
20.15B.120, relating to streams, and
Section 20.15B.130, relating to
wetlands. Wildlife Habitat
Conservation Areas may be classified
into the following two classes based
on the criteria provided:
a. Critical Habitats.
(i) Known or documented
habitat for any species listed
by the state or federal process
as rare, endangered,
threatened, or sensitive.
Approximate locations of such
habitats will be available for
City staff review on maps
located at City Hall and
provided by the Washington
State Department of Wildlife.
Mapped locations of habitat for
known listed species shall not
be made available for public
disclosure.
(ii) Streams, rivers, and
wetlands used by salmonids.
Refer to Sections 20.15B.120
and 20.15B.130 for further
detail.
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wssias20.10
b. Significant Habitats.
(i) Inventoried and mapped
habitat for species identified
as having local significance
within the City of Edmonds.
Areas may include, for
example, specific areas known
to be utilized by large numbers
of migratory waterfowl, or
(ii) Habitats of significance
within the City of Edmonds as
inventoried and mapped during
the City's Critical Area
mapping process.
2. Freguently Flooded Areas. Those
lands in the floodplain subject to a
one percent or greater chance of
flooding in any given year. These
areas include, but are not limited
to: streams, rivers, lakes, coastal
areas, wetlands, and the like.
These lands are regulated under
Title 19.97 of the City of Edmonds
Code.
3. Geologically Hazardous Areas. Those
areas subject to potential erosion,
landslide, and/or potential seismic
instabilities, including the
following:
a. Erosion Hazard Areas. Erosion
Hazard Areas, which are those
areas of the City of Edmonds
containing soils which, may
experience severe to very
severe erosion hazard. This
group of soils includes but is
not limited to the following
when they occur on slopes of
fifteen percent (15%) or
greater:
(i) Alderwood soils (15%-25%
slopes).
(ii) Alderwood/Everett Series
(25%-70% slopes).
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(iii) Everett Series (15%-25%
slopes).
b. Landslide Hazard Areas.
Landslide hazard areas are
those areas of the City of
Edmonds which, by reason of
excessively steep slopes,
unsatisfactory foundation
support, stability or
topography, has a risk of earth
subsidence and landslide hazard
in excess of normal allowances.
The 1979 report of Roger Lowe
Associates, as amended by the
1985 report of Geoengineers,
Inc., and the landslide hazard
maps established as a part of
said reports, are incorporated
by this reference and made a
part of this Chapter as fully
as if herein set forth. Areas
designated on said maps, or
areas which match the criteria
as Geological Hazard Areas as
defined by this Chapter shall
be subject to the requirements
of this Chapter. Field
criteria for identifying
Landslide Hazard areas include
the following:
(i) Any area with slopes of
fifteen percent (15%) or
greater and impermeable soils
(typically silt and clay)
frequently interbedded with
granular soils (predominantly
sand and gravel) and springs or
groundwater seepage;
(ii) Any area which includes
areas with significant visible
evidence of groundwater
seepage, and which also
includes existing landslide
deposits regardless of slope;
(iii) Any area which has shown
movement during the Holocene
epoch (from 10,000 years ago to
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wssia820.10
present) or which is underlain
by mass wastage debris of that
epoch as determined by a
qualified geologist or
geotechnical consultant;
(iv) Any area potentially
unstable as a result of rapid
stream incision or stream bank
erosion; or
(v) Any area located on an
alluvial fan, presently subject
to, or potentially subject to,
inundation by debris flow or
d e p o s i t i o n o f
stream -transported sediments.
C. Steep Slope Hazard Areas.
Steep Slope Hazard Areas, which
are those areas where the
ground rises at an inclination
of 30% or more within a
vertical elevation change of at
least 10 feet (a vertical rise
of 10 feet or more for every 33
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.
d. Seismic Hazard Areas. Seismic
Hazard Areas, which are those
areas subject to severe risk of
earthquake damage as a result
of seismically induced
landslides, earth adjustments,
settlement or soil
liquefaction.
4. Streams. As defined within Section
20.15B.020(KK) means any area where
surface waters produce a defined
channel or bed which demonstrates
clear evidence, such as the sorting
of sediments, or the passage of
water. The channel or bed need not
contain water year-round. Streams
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WSS14820.10
are further classified into
Categories 1, 2 and 3 as follows:
a. Category 1 Streams. "Category
1 Streams" means those streams
where the mean annual flow is
greater than twenty cubic feet
per second and the stream meets
the criteria for a "Shorelines
of the State" under the Edmonds
Shoreline Master Program
pursuant to RCW Title 90.58.
b. Category 2 Streams. "Category
2 Streams" means those streams
smaller than Category 1 streams
and which are perennial; or
those that are perennial or
ephemeral and are used by
salmonids.
C. Category 3 Streams. "Category
3 Streams" means those streams
that are intermittent or
ephemeral during years of
normal rainfall and are not
used by salmonids.
5. Wetlands. Wetlands as defined in
Section 20.15B.020(OO) are
classified according to the
following criteria. Note that the
term "class, or wetland class" as
defined in Section 20.15B.020 refers
to the U.S. Fish and Wildlife
Service classification of wetlands
based on vegetative communities.
The rating of a wetland is
determined by evaluating the entire
wetland in question, not just that
portion located on the property in
question.
a. Category 1 Wetlands. "Category
1 Wetlands" means wetlands
which meet any of the following
criteria:
(i) The presence of species
listed by the federal
government or state as
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wssia820.10
endangered or threatened, or
the presence of critical or
outstanding habitat for those
species; or
(ii) Wetlands having 40% to
60% permanent open water in
dispersed patches with two or
more classes of vegetation; or
(iii) Wetlands equal to or
greater than 5 acres in size
and having three or more
wetland classes, one of which
is open water; or
(iii) The presence of plant
associations of infrequent
occurrence. These include, but
are not limited, to mature
forested communities and bog
systems.
b. Category 2 Wetlands. "Category
2 Wetlands" means wetlands
which meet any of the following
criteria:
(i) Wetlands greater than 1
acre in size; or
(ii) Wetlands equal to or less
than 1 acre and greater than
2,500 square feet and having
two or more wetland classes; or
(iii) Wetlands equal to or
less than 1 acre and greater
than 2,500 square feet that
have a forested wetland class;
or
(iv) The presence of heron
rookeries or raptor nesting
trees.
C. Category 3 Wetlands. "Category
3 Wetlands" means wetlands that
are equal to or less than 1
acre and greater than 2,500
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WSS14820.10
square f eet and that have one
wetland class.
20.15B.080 STANDARDS OF APPROVAL
No alteration of a Critical Area or its buffer
shall be permitted unless the City grants an
exception pursuant to Section 20.15B.040. In
addition, the project must follow the
prescribed sequencing of mitigation as
outlined within Section 20.15B.150. Any
permitted alteration of a Critical Area or its
buffer shall comply with the requirements of
this Title.
A. Regulated Activities. Any development
proposal, as defined by this Chapter,
which may impact a Critical Area or its
buffer, shall be subject to the
conditions and requirements of this
Chapter. Such regulated activities shall
be undertaken following the sequence of
mitigation established within Section
20.15B.160. The following activities
within Critical Areas or their buffers
shall be regulated pursuant to this
Chapter:
1. The removal, excavation, grading, or
dredging of soil, sand, gravel,
minerals, organic matter, or
material of any kind;
2. The dumping, discharging, or filling
with any material;
3. The draining, flooding, or
disturbing of the water level or
water table;
4. The driving of pilings;
5. The placing of obstructions;
6. The construction, reconstruction,
demolition, or expansion of any
structure;
7. The destruction or alteration of the
vegetation of wetlands, wildlife
habitat areas, streams, or their
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WSS14820.10
buffers through clearing,
harvesting, spraying of herbicides,
shading, intentional burning, or
planting of vegetation that would
alter the character of a Critical
Area, provided that these activities
are not part of a forest practice
governed under Title 76.09 RCW and
its rules;
8. Activities that result in a
significant change of water
temperature, a significant change of
physical or chemical characteristics
of water sources, including
quantity, or the introduction of
pollutants including chemical
herbicides, fungicides, pesticides,
or excess nutrients; and
9. Activities which bring a Critical
Area which is not currently in
existing or ongoing agricultural
use, into agricultural use.
20.15B.090 DEVELOPMENT STANDARDS: GENERAL
A. Any development proposal on a site which
is within, includes, or is adjacent to
any Critical Area must be planned,
designed and appropriately mitigated so
as to demonstrate conformance with the
purposes of this Chapter. No alteration
of a Critical Area or its buffer shall be
permitted unless the City grants an
exception pursuant to Section 20.15B.040
or as provided below for the specific
category of Critical Area.
In addition, the following standards may
be required for all Critical Areas:
1. Sequencing clearing and grading
activities to minimize areas of
disturbance and allowing for
clearing only during the dry season
of May 1 through September 30;
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wsst4azo. io
2. Limiting vegetation removal and
mandating vegetation retention;
3. Requiring temporary fencing of
clearing limits around Critical
Areas and their buffers prior to any
land clearing commencing on site;
4. Requiring buffers established,
pursuant to the development
standards established by this
Chapter;
5. Requiring additional building
setbacks or the establishment of
Critical Areas as natural open
spaces;
6. Limiting or reducing the types or
densities of particular uses;
7. The preparation of specific site
management plans for temporary
sedimentation, erosion control, or
other purposes; or
8. Site restoration to at the least,
the pre-existing conditions.
B. Buffers.
1. General. The City shall have the
authority to require buffers on
Critical Areas dependent upon the
sensitivity of the Critical Area,
the degree of anticipated impact,
and the proposed land use adjacent
to the Critical Area. Buffer
requirements for each specific type
of Critical Area are contained
within the Development Standards
Sections which follow.
2. Averaciinct. Standard Critical Area
buffers may be modified, by City
Planning staff, on a case by case
basis. Averaging buffer widths may
be authorized only where the
applicant demonstrates all of the
following:
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WSS14820.10
a. That averaging is necessary to
provide reasonable use of the
property;
b. That the Critical Area contains
variations in sensitivity due
to existing physical
characteristics and that
reduction from standard buffer
widths will occur only
immediately next to the portion
of the Critical Area determined
to be least sensitive;
C. That low intensity land uses
would be located immediately
next to areas where buffer
width is reduced, and that such
low intensity land uses are
guaranteed in perpetuity by
covenant, deed restriction,
easement, or other legally
binding mechanism;
d. That width averaging will not
adversely impact the Critical
Areas' functional values; and
e. That the total area contained
within the buffer after
averaging is no less than that
contained within the standard
buffer prior to averaging. In
no instance, except where a
previously existing legal
encumbrance exists, shall the
buffer width be reduced to less
than 50 % of the standard buffer
width required.
When a buffer is reduced, a buffer
enhancement plan using native
vegetation and fencing where
appropriate must be reviewed and
submitted for the area of remaining
buffer. The purpose of the buffer
enhancement plan is to improve the
function of the buffer to provide
adequate protection to the Critical
Area.
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WSS14820.10
3. Increasing. Standard buffers may be
increased on a case -by -case basis
when Planning Staff or their
representative determines that a
larger buffer is necessary to
protect the Critical Area functions
and values known to be particularly
sensitive to disturbance. A
substantiated determination,
prepared by staff or their
representative, shall be attached as
a permit condition and shall
demonstrate that:
a. A larger buffer is necessary to
maintain viable populations of
existing species; or
b. The Critical Area is used by
species proposed or listed by
the federal government or the
state as Endangered,
Threatened, Rare, or Sensitive;
that critical or outstanding
potential habitat for those
species is present; or that
nesting sites such as heron
rookeries or raptor nesting
trees are present in the
Critical Area or its buffer; or
C. The Critical Areas located
within 25 feet of the toe of
slopes equal to or greater than
30%. Such buffers may be
increased to include the top of
slopes determined to be erosion
hazards; or
d. The land use which is proposed
is incompatible with the
Critical Area in question.
C. Building Setback Lines. A building
setback line of 15 feet is required from
the edge of any buffer to prevent
construction intrusions into the buffer.
The setback shall be identified on the
site plan which is filed as an attachment
to the notice on title required by
Section 20.15B.170(B).
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wssias20.10
D. Authority to Condition or Deny. In
addition to its general authority under
this Chapter and any other applicable law
or Chapter, the City may condition or
deny a development proposal if it is
determined that the development proposal
will increase the potential of soil
movement or otherwise result in an
unacceptable risk of injury to persons or
damage to the structure, site or adjacent
properties; or will result in an
unacceptable risk of significant harm to
a Critical Area or its functional values.
The City further shall have the authority
to impose conditions for each Critical
Area as provided in Sections 20.15B.090
through Section 20.15B.140.
E. Construction Monitoring. The City may
require that a qualified Critical Area
consultant, at the direction of the City,
monitor the development proposal site
during construction at the applicant's
expense. The qualified Critical Area
consultant shall monitor compliance with
the conditions or restrictions imposed by
the City Department of Community
Development. The conditions imposed by
the City may be based on the
recommendations in the Critical Area
Study conducted per the requirements of
Section 20.15B.150 or a Mitigation plan
conducted per the requirements of Section
20.15B.160.
The City may require the qualified
Critical Area consultant to make written,
dated monitoring reports on the progress
of the construction at such timely
intervals as may be specified. The City
may require a final statement from the
qualified Critical Area consultant that,
in his or her professional opinion, based
upon site observations and testing during
the monitoring of the construction, the
completed development substantially
complies with the recommendations in the
Critical Area study and all conditions of
approval.
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wsst4s20.10
F. Assurance Devices. The City may require
appropriate assurance devises, such as
performance bonds, in a form approved by
the City attorney whenever the City
determines that the public interest would
not be served by the issuance of a permit
in a Critical Area without some assurance
of a means of providing for restoration
of such areas or repair of property
damage that may be caused by construction
in such areas. Performance bonds may be
required for an amount equal to 120% of
the estimated costs of designing and
constructing the required compensation.
20.15B.100 DEVELOPMENT STANDARDS: FISH AND
WILDLIFE HABITAT CONSERVATION ZONE
These areas are to be conserved for the
management and maintenance of fish and
wildlife habitat. Wildlife Habitat
Conservation zones may overlap with other
identified Critical Areas within the City of
Edmonds. Likely areas of overlap include
frequently flooded areas, geologically
hazardous areas, streams, and wetlands.
When fish and wildlife habitat zones overlap
with other Critical Areas within the City of
Edmonds the development standards established
for the overlaying Critical Area(s) shall
apply. If multiple Critical Areas overlap in
a zone, the most restrictive conditions shall
apply.
20.15B.110 DEVELOPMENT STANDARDS: FREOUENTLY
FLOODED AREAS
Standards for Frequently Flooded Areas shall
meet the requirements of Title 19.97, Flood
Plain Management, of the City of Edmonds
Community Development Code.
20.15B.120 DEVELOPMENT STANDARDS:
GEOLOGICALLY HAZARDOUS AREAS
A. General Standards. No alteration of an
area of potential geologic instability or
its buffer shall be allowed unless the
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WSS14820.10
City grants an exception pursuant to
Section 20.15B.040 or the City finds:
1. There is no evidence of past
instability or earth movement in the
vicinity of the development proposal
and quantitative analysis of slope
stability presented by a qualified
Critical Areas consultant indicates
no significant risk to the
development proposal or adjacent
properties; or
2. The area of potential geologic
instability can be modified or the
project can be designed so that any
potential impact to the project or
adjacent properties is eliminated or
mitigated and the development
proposal is certified as stable by a
licensed geologist or geotechnical
engineer. The development proposal
should cause no increase in surface
water discharge or sedimentation and
should not decrease slope stability;
or
3. Timber harvest pursuant to a
Washington State Department of
National Resources approved forest
practice permit may be allowed.
Alteration of any geologically hazardous
area which is authorized shall meet the
following standards:
1. Clearing of vegetation is allowed
only within the dry season,
generally from May 1 through
September 30;
2. Only clearing necessary to install
temporary sedimentation and erosion
control measures for an approved
development proposal prior to
clearing for roadways, utilities, or
storm drainage plan;
3. Clearing limits for roads, sewer,
water, storm -water or other
utilities, and temporary erosion
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Wss14820.10
control facilities shall be marked
in the field and approved by City
staff prior to any alteration of
existing vegetation or commencement
of other site work;
4. Clearing authorized for roads and
utilities shall be the minimum
necessary to accomplish the project
specific engineering designs and
shall remain within the field
approved rights -of -way;
5. No clearing of vegetation on lots or
parcels will be allowed except that
provided within approved rights -of -
way identified above; and
6. In order to minimize impacts to
Critical Areas and the vegetation
identified to be left remaining on -
site, clearing which is authorized
may be required to be conducted
pursuant to an approved clearing and
skidding plan designed to minimize
impacts to soil and understory
vegetation by providing for
sequencing and staging where
appropriate.
B. Buffers. Buffers for geologically
hazardous areas shall be 50 feet in
width, they shall be maintained with
their native vegetation, and where
appropriate, be placed within the
Critical Areas tract.
C. Erosion Hazard Areas. Alterations within
identified Erosion hazard areas shall
not be authorized without an approved
Erosion control plan which include staged
clearing, where appropriate. Clearing or
disruption of the soils within an Erosion
hazard area shall be kept at the minimum
necessary to provide reasonable use of
the site.
D. Landslide Hazard Areas. Landslide hazard
areas located on slopes less than 30%
shall only be approved to be altered if
both of the following provisions are met:
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WSS14820.10
1. Proposed development will not
decrease slope stability on any
adjacent property, and
2. The landslide hazard to the project
and adjacent property is eliminated
or mitigated such that the proposed
development on the site is certified
as stable by a licensed professional
geologist or geotechnical engineer.
Any landslide hazard area and its buffer
which combined are greater than 1 acre in
size, shall be placed in a Critical Area
tract for any proposed Master Plan
Development, subdivision, short -
subdivision, or Planned residential
development, pursuant to Section
20.15B.170. Where alterations are
authorized City staff shall determine
whether the remaining portion(s) of the
Landslide hazard area shall be placed
within a Critical Areas tract.
Landslide areas located on slopes greater
than 30% shall be regulated pursuant to
Section 20.15B.10(E).
E. Steep Slope Hazard Hazard Areas. No
development or alteration shall be
allowed in steep slope hazard areas
unless an exception is approved pursuant
to Section 20.15B.040 or unless the
development or alteration is one of the
following:
1. Surface water conveyance designed to
the best available technical
standard, such as the Stormwater
Management Manual, approved by the
City. Installation shall absolutely
minimize disturbance to the slope,
soils, and vegetation;
2. Trails construction designed to the
best available technical standard
approved by the City. Technical
standards are provided in the U.S.
Forest Service "Trails Management
Handbook" (FSH 2309.18, 1987) and
"Standard Specifications for
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WS314820.10
Construction of Trails" (EM-7720-
102, 1984). In no case shall
trails be constructed of impervious
materials which would contribute to
surface water runoff, unless such
materials are necessary to provide
for soil stabilization or erosion
control, and trail design assures
that surface water runoff will not
increase or contribute to erosion
and sedimentation;
3. Utility construction by private or
public proponents may be allowed
provided that City staff determines
upon review of a Critical Area study
that the proposed alteration shall
not subject the steep slope to the
risk of landslide or erosion;
4. Trimming and limbing of vegetation
on steep slopes may be provided if a
clearing plan is provided for review
and approval by the City and
provided that the soils within the
steep slope area are not disturbed
to subject the area to the risk of
erosion. Clearing shall be subject
to the requirements of Title 18.45
of the ECDC; and
5. Steep slopes of 30% or greater but
with a vertical change of 20 feet or
less may be exempted from the
provisions of this section based on
City staff review of a report
prepared by licensed geologists or a
geotechnical engineer which
demonstrates that no adverse impacts
will result from the proposed
actions.
F. Seismic Hazard Areas. Development
proposals for sites containing a
potential seismic hazard area shall only
be authorized by staff to alter the
seismic hazard area when the applicant
documents that:
1. A technical evaluation of the sites
specific subsurface conditions
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WSS14820.10
indicates that the site is not
located within a seismic hazard
area; or
2. Mitigation is implemented which
renders the proposed development as
stable if it were not located within
a seismic hazard area.
City staff may rely upon independent
review of the technical analysis of site
conditions pursuant to Section
20.15B.150.
20.15B.130 STANDARDS: STREAMS
No alteration to a stream or buffer shall be
permitted unless the City grants an exception
pursuant to Section 20.15B.040 or unless one
of the following applies. In all cases of
stream alteration, crossing, or proposed work
within the channel all City, state, and
federal regulations shall apply. Based on the
definitions within Section 20.15B.020, the
City of Edmonds, at the time of adoption of
this Chapter does not contain any Class 1
streams; language regarding these streams are
present in order to regulate those Class 1
streams which the City may at some point
incorporate into its jurisdiction.
A. Stream Crossings. For Category 1
streams, crossings may be allowed only if
all reasonable construction techniques
and best management practices are used to
avoid disturbance to the stream bed or
bank. Upon completion of construction,
the area affected shall be restored to an
appropriate grade, replanted with native
species and/or otherwise protected
according to an plan approved by the
planning official, and maintained and
monitored per the requirements of Section
20.15B.160(B). For all Categories of
streams, the applicant must demonstrate
that best management practices will be
used during construction to provide the
following:
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Wss14820.10
1. Fisheries protection, including no
interference with fish migration or
spawning;
2. All crossings shall be constructed
during summer low flow periods and
shall be timed to avoid stream
disturbance during periods when
stream use is critical to salmonids;
3. Crossings shall not occur over
salmonid spawning areas unless no
other possible crossing site exists;
4. Crossings and culverted portions of
the stream shall be minimized to the
extent feasible and serve multiple
purposes and multiple lots whenever
possible;
5. Roads may cross streams only on
previously approved rights -of -way,
provided no practical alternative
exists and adequate provision is
made to protect and/or enhance the
stream through appropriate
mitigation. Roads shall be designed
and located to conform to
topography, and maintained to
prevent erosion and restriction of
the natural movement of groundwater
as it affects the stream;
6. Roads and utilities shall be
designed in conjunction, to minimize
the area of disturbance to the
stream; and
7. Roads shall be constructed so as to
minimize adverse impacts on the
hydrologic quality of the stream or
associated habitat to a degree
acceptable to the City.
B. Stream Relocations. Relocation of a
stream to provide greater reasonable use
of a property shall only be authorized
under the following conditions:
1. Category 1 streams shall not be
relocated;
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wss14a2o.io
2. Category 2 streams shall not be
relocated except for public road
projects which have been authorized
by the exception process set out in
Section 20.15B.040; and
3. Category 3 streams may be relocated
under a mitigation plan for the
purpose of enhancement of in -stream
resources provided all appropriate
floodplain protection measures are
used, and the requirements of the
Stormwater Management Manual, and
all other applicable permit and code
requirements have been met.
C. Trails. After reviewing the proposed
development and technical reports, City
Planning staff may determine that a
pedestrian -only trail may be allowed in
the outer 25% of a stream buffer,
provided non -impervious surface materials
are used, all appropriate provision is
made to protect water quality, and all
applicable permit requirements have been
met. 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 streams 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 Channel Stabilization. Stream
channel stabilization may be allowed only
when movement of the stream channel
threatens existing residential or
commercial structures, public
improvements, unique natural resources,
or the only possible existing access to a
legal lot. Channel stabilization must be
done in compliance with the provisions
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Wss14820.10
of this Title and other applicable City,
state and federal codes and regulations.
E. Drainage Ditch Maintenance. When
drainage ditches that carry salmonids are
maintained it shall be conducted with the
use of best management practices
developed in consultation with resource
agencies with expertise and/or
jurisdiction. These features may be
regulated as Category 2 streams pursuant
to the requirements of this Chapter.
F. Development Conditions. Conditions on
development proposals involving streams
and their associated buffers may include,
among other things, the following,
provided, nothing herein shall be
construed to otherwise limit the City's
authority to impose conditions designed
to meet the purposes and objectives of
this Title:
1. Sequencing clearing and grading
activities to minimize areas of
disturbance;
2. Limiting vegetation removal and
mandating vegetation retention;
3. Requiring buffers established
pursuant to the development
standards established by this Title;
4. Requiring additional building
setbacks or the establishment of
Critical Areas Tracts and/or native
growth protection easements pursuant
to Section 20.15B.170;
5. Limiting or reducing the types or
densities of particular uses;
6. Requiring the preparation of
specific site management plans for
temporary sedimentation, erosion
control, or other purposes; or
7. Requiring site restoration.
-41-
wsst4s2o.to
G. Buffers: Streams. Buffers for streams
shall be measured on each side of the
stream, from the top of the bank. The
following are the standard buffers for
streams:
Category 1 streams and Category 2 streams
with salmonids shall have a 50 foot
buffer.
Category 2 streams shall have a 25 foot
buffer.
Category 3 streams shall have a 10 foot
buffer.
20.15B.140 DEVELOPMENT STANDARDS: WETLANDS
Alteration to wetlands and their buffers shall
only be allowed pursuant to the provisions of
Section 20.15B.040. Any authorized alteration
of a wetland must follow the prescribed
sequencing of mitigation as outlined in
Section 20.15B.160 of this Title. Impacts to
wetlands or their buffers shall be compensated
for at the replacement ratios specified in
Sections 20.15B.130(D), and pursuant to
compensatory mitigation plan as required
within Section 20.15B.
A. Alterations.
1. Category 1 Wetlands.
No alteration to Category 1 wetlands
shall be authorized unless as
exempted within Section 20.15B.040
or excepted for substantiated
reasonable use within section
20.15B.040(C). Category 1 wetlands
or their buffers shall not be used
for stormwater management purposes
i n c l u d i n g e n g i n e e r e d
retention/detention or constructed
biofiltration features such as bio-
swales. Conveyance of pre-treated
stormwater may be allowed to pass
through the buffer into the Category
1 wetland if the manner of
conveyance mimics that found in the
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WSS14820.10
natural buffer condition, i.e.
infiltration and/or sheet flow.
2. Category 2 Wetlands.
No alteration to Category 2 wetlands
shall be authorized unless as
exempted within Section 4.0.0 or
excepted for substantiated
reasonable use within section 4.3.0.
Category 2 wetlands shall not be
used for stormwater management
p u r p o s e s i n c l u d i n g
retention/detention unless such use
is part of a publicly designed and
funded program to control identified
stormwater problems for the greater
public good or a program installed
pursuant to a private development
permit which is constructed to
public standard, consistent with
city policy such as a basin study
and dedicated to and accepted for
public use.
When use of Category 2 wetlands for
retention/detention purposes is
authorized, all requirements of the
Stormwater Management Manual shall
be met, and the proposal and design
is in compliance with the latest
findings of the Puget Sound Wetlands
Research Project, and the applicant
demonstrates to the satisfaction of
City Planning staff that no adverse
impacts will occur to the functional
values of the wetland.
Treatment of stormwater for water
quality concerns shall not be
allowed within the buffers of
Category 2 wetlands. Conveyance of
stormwater may be allowed through
the buffer if upon review of the
project design, staff determines
that the proposed conveyance method
poses a minimum risk to the function
and value of the buffer and no
adverse impacts are posed to the
wetland itself.
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wss14s20.10
3. Category 3 Wetlands. The following
use for stormwater management and
conveyance shall apply:
vegetation -lined swales designed for
stormwater management may be placed
within the outer 25% of the buffer
when topographic restraints
determine there are no other upland
alternative locations. Swales used
for conveyance of stormwater may be
placed through the buffer only if
that is shown to be the most
effective and non- impacting manner
to convey pre-treated stormwater
into the wetland. Category 3
wetlands shall not be used for the
treatment of stormwater for water
quality.
B. Wetland Edge Delineation. The Federal
Manual for Identifying and Delineating
Jurisdictional Wetlands (1989) shall be
used for conducting wetland delineations
for the requirements of this Title. Data
collected during a delineation study
shall be included as part of the wetland
study requirements for Section
20.15B.150(C).
C. Required Buffers: Standard. The
following buffers shall be required for
wetlands based on the Category of wetland
as outlined in Section 20.15B.070(A)(5)
of this Title. The City may allow buffer
averaging per the requirements and
limitations within Section
20.15B.090(B)(2).
Buffer conditions shall prohibit or limit
the removal or alteration of existing
vegetation in the buffer areas as
necessary to preserve the functions of
the wetland. Any disturbance of the
buffer areas shall be replanted with a
diverse plant community of native
vegetation appropriate for the site
approved by the City.
Category 1 100 foot
Category 2 50 foot
Category 3 25 foot
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WSS14820.10
D. Replacement Ratios. Any person who
alters or proposes to alter a wetland or
its buffers shall restore or create
equivalent or greater areas of wetland
or buffer than those altered in order to
compensate for wetland or buffer losses.
The following ratios apply to creation or
restoration which is in -kind, onsite, and
timed prior to or concurrent with
alteration. These ratios do not apply to
remedial actions resulting from illegal
alterations. The first number specifies
the acreage of wetlands requiring
replacement (created) and the second
specifies the acreage of wetlands altered
(lost).
Category 1: 6:1
Category 2:
forested 3:1
shrub 2:1
emergent 1.5:1
Category 3: 1.25:1
20.15B.150 CRITICAL AREA STUDIES
A. Required. When an application for a
development proposal on a site that
includes, is adjacent to, or could
significantly impact a Critical Area is
proposed, City staff shall require the
submission of a Critical Area study,
prepared by a qualified consultant,
pursuant to the requirements of Section
20.15B.150. Staff shall make a
determination whether the development
proposal site includes, is adjacent to,
or faces potentially significant impacts
to a Critical Area or its buffer. That
determination shall be rebuttable and the
decision of the Director or Building
Official that any area lies within a
Critical Area or its buffer shall be
appealable as a staff decisions in
accordance with provisions of ECDC
20.105.010 (A)(3).
-45-
Wss14820.10
B. Waivers. When staff determines, based on
review of the Critical Area Checklist, a
preliminary field investigation, and the
review of technical information available
to staff, that:
1. There will be no alteration of the
Critical Area or its required
buffers pursuant to the requirements
of this Chapter;
2. The development proposal will not
impact the Critical Area in a manner
contrary to the goals, purposes,
objectives and requirements of this
Chapter; and
3. The development proposal meets the
minimum standards of this Chapter;
then
4. Staff may waive the requirement for
a more detailed Critical Area study.
In no case may staff waive the need for a
detailed Compensatory Mitigation Plan if
Critical Area impacts are identified,
unless the applicant is proposing to use
a plan already reviewed and approved by
staff which meets the criteria and
standards of this Chapter.
C. Critical Area Studies: Contents. When
it is determined by the staff of the City
that a Critical Area study is required
for a development activity proposal, the
minimum criteria for study content
specific to each Critical Area type will
be required. Detailed criteria will be
provided within the Administrative Rules
for this Chapter. When proposing
compensatory mitigation designs,
additional detailed studies will be
required.
D. City Approved Critical Areas Consultant.
Promptly following the effective date of
this ordinance, and at the beginning of
every calendar year thereafter, the City
shall issue a Request for Qualifications
-46-
WSs14820.10
and Proposals from qualified Critical
Areas technical consultants for the
purpose of identifying qualified
consultants for the City. An applicant
may choose one of the qualified technical
consultants on the City's approved list
in preparing Critical Area studies per
the requirements of this Chapter or may
apply to utilize an alternative
consultant. If an alternative consultant
is approved he/she should be added to the
approved list. An alternative consultant
shall meet all criteria for inclusion on
the City's list of approved consultants.
The applicant, the consultant, and the
City shall enter into a three party
contract for the purpose of conducting
the Critical Areas study. All costs
associated with the Critical Area study
shall be born by the applicant.
E. Independent Review. Based on a review of
the information contained in the Critical
Area study and the conditions of the
development proposal site, the planning
official may require independent review
of any such study. This independent
review shall be performed by a qualified
technical consultant selected by the City
and paid for by the City. The purpose of
such independent review is to provide the
City with objective technical assistance
in evaluating the accuracy of submitted
reports and/or the effects on Critical
Areas which may be caused by a
development proposal and to facilitate
the decision -making process. Staff may
have technical assistance provided by
appropriate resource agency staff if such
assistance is available in a timely
manner.
20.15B.160 MITIGATION
A. Mitigation Sequence. As defined in this
Chapter mitigation includes avoiding,
minimizing or compensating for adverse
impacts to a Critical Area or its buffer.
When a proposed development activity
poses potential adverse impacts to a
Critical Area or its buffer the following
-47-
Wss14820.10
prioritized sequence of mitigation shall
be followed:
1. Avoid the impact altogether by not
taking a certain action or parts of
an action;
2. Minimize impacts by limiting the
degree or magnitude of the action
and its implementation, by using
appropriate technology, or by taking
affirmative steps to avoid or reduce
impacts;
3. Rectify the impact by repairing,
rehabilitating or restoring the
affected environment;
4. Reduce or eliminate the impact over
time by preservation and maintenance
operations during the life of the
action;
5. Compensate for the impact by
replacing, enhancing, or providing
substitute resources or
environments; and
6. Monitor the impact and the
compensation project and taking
appropriate corrective measures.
B. Compensatory Mitigation. As a condition
of any permit allowing alteration of a
Critical Area or its buffer, or as an
enforcement action pursuant to Section
20.15B.180(B), the City shall require
that the applicant shall provide
compensatory mitigation in the form of
restoration or creation of the Critical
Area and its buffer in order to offset
the impacts resulting from the
applicant's or violator's actions. The
minimum overall goal of compensatory
mitigation shall be no net loss of the
function and size of the Critical Area.
Enhancement of existing significantly
degraded wetlands or streams may be
considered for partial compensation.
When enhancement of an existing
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wssi4820.10
significantly degraded wetland or stream
is proposed as compensation for the loss
of existing functional wetland or
stream, the replacement ratios as
provided within Section 20.15B.140(D)
shall be doubled. Compensation shall be
completed prior to wetland or stream
alteration, where possible.
Compensatory mitigation for streams,
wetlands, and wildlife habitat
conservation areas shall follow an
approved compensatory mitigation plan
pursuant to Section 20.15B.160, with the
replacement ratios specified in Section
20.15B.140(D) and shall meet the
following minimum performance standards:
1. The proposed Compensatory Mitigation
will establish quantifiable goals
and objectives in order for the City
to determine the success of the plan
over time in order to release
performance bonds or require
contingency actions if necessary;
2. The Compensatory Mitigation will be
conducted on property, demonstrated
by the applicant, to be able to be
protected and managed to avoid
further development or degradation,
and to provide for long-term
preservation of the compensation;
and
3. The applicant and their
representatives shall demonstrate
sufficient scientific expertise,
supervisory capability, and
financial resources, including
bonding, to carry out the project;
and demonstrate the capability for
monitoring the site and to make
corrections during this period if
the project fails to meet projected
goals.
20.15B.170 CRITICAL AREA TRACTS AND NOTICE ON
TITLE
-49-
Wss14820.10
A. Critical Area Tracts. The City may
require that where development or
alteration is prohibited or limited based
on the presence of a Critical Area or its
buffer, pursuant to this ordinance, the
Critical Area and/or its buffer may be
placed in a separate Critical Area Tract
or Easement. The City may require that
the Critical Area tract be designated as
a Native Growth Protection Easement.
Appropriate survey markings and permanent
signage shall be installed on the
property at the boundary of the Critical
Area and/or the buffer. Such
requirements, if any, shall be included
as conditions of approval.
B. Notice on Title. The owner of any
property that is subject to the
provisions of this ordinance shall, as a
condition of approval pursuant to the
provisions of this ordinance, record with
the Records and Elections Division of
Snohomish County a notice in a form
approved by the City providing notice of
the presence of a Critical Area or buffer
on the property, the application of this
ordinance to the property, and that
limitations on actions in or affecting
such areas or buffers may exist. The
form of such notice may be adopted by
administrative rule.
20.15B.180 ADMINISTRATION
A. Variances. Variances from the standards
of this Title may be authorized by the
Hearing Examiner in accordance with the
procedures set forth in Edmonds Community
Development Chapter 20.85. In granting
such a variance, the Hearing Examiner
shall find:
1. Because of special circumstances
applicable to the subject property,
including size, shape, topography,
location or surroundings, or the
size or nature of the Critical Area,
the strict application of this Title
-50-
Wss14820.10
would deprive the subject property
all reasonable use of the property.
2. The granting of the variance is the
minimum necessary to accommodate the
development proposal and will not be
materially detrimental to the public
welfare or injurious to the property
or improvements in the vicinity and
zone in which the property is
situated, or contrary to the goals
and purposes of this Chapter.
B. Enforcement, Penalties. Any violation of
the provisions of this Chapter shall
constitute a public nuisance subject to
abatement and a misdemeanor subject to
penalty of a fine of up to $500 and/or
imprisonment for 90 days or will be
subject to civil penalties pursuant to
Title 20.110 of the ECDC. Each day of
violation shall constitute a separate
offense. The planning official 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 planning official shall
make reasonable effort to locate the
owner or person in charge to request
entry. The planning official is further
authorized to take such actions as may be
necessary to enforce the provisions of
this Chapter.
C. Appeals. Any decision to require a
Critical Area study pursuant to this
Chapter may be appealed to the Hearing
Examiner pursuant to Edmonds Community
Development Code. Any decision to
approve, condition or deny a development
proposal based on the requirements of
this Title may be appealed in accordance
with the appeal procedures and standards
applicable to the subject development
proposal permit or approval. If there
are no applicable appeal procedures
elsewhere in the Edmonds Community
Development Code, then any final decision
of the Hearing Examiner may be appealed
-51-
wss14820.10
to the City Council upon filing a Notice
of Appeal with the clerk of the City
Council within ten (10) days after the
date of making the written Hearing
Examiners' decision. Such appeal to the
council shall be on the record.
20.15B.190 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.
20.15B.200 LIBERAL CONSTRUCTION
This Chapter shall be liberally construed to
give full effect to the objectives and
purposes for which it was enacted.
Section 2. Development proposal applications which were
complete with all fees paid and filed with the City on or before
March 2, 1992, shall be vested under then existing City ordinances
for the life of such applications. The rights vested are limited
to the specific development proposal and/or activity detailed in
the application except as provided for below. For example, an
application for subdivision approval shall vest rights with respect
to the division of land but all future building, grading or other
development activity proposal for each individual lot shall comply
with the law in effect at the date a completed building permit
application is received. Due to the complexity of architectural
design review and the lengthy and costly nature of the application
process, the Council hereby provides that architectural design
review applications which were complete and under consideration on
March 2, 1992, shall vest such applicants with the right to
-52-
WSS14820.10
complete the particular development proposal under the substantive
provisions of City ordinance in effect on March 2, 1992, and to
obtain all necessary building, grading and other development
permits necessary to complete the application if, but only if, a
fully completed building permit application with respect to the
proposal is submitted within one year of the date written notice of
final approval was mailed to the applicant.
Section 3. This ordinance, being an exercise of a power
specifically delegated to the City legislative body, is not subject
to referendum, and shall take effect five (5) days after passage
and publication of the ordinance or a summary thereof consisting of
the title.
APPROVED:
MAYO AURA M. HALL
ATTEST/AUTHENTICATED:
C11TY CLERK, RH N A J. MARCH
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED WITH THE CITY CLERK: March 3_2., 1992
PASSED BY THE CITY COUNCIL: ]`larch 17, 1992
PUBLISHED: March 22, 1992
EFFECTIVE DATE: March 2.7, 1992
ORDINANCE NO. ?A7a
-53-
WSS14820.10
STATE OF WASHINGTON,
COUNTY OF SNOHOIV1ISH,
SUMMARY OF
ORDINANCE NO. 2874
of the City of
_ Edmonds. Washington
On the 17th day of March,
1992 the Clty Council of the Clfy
of Edmonds, passed Ordinance
No. 2874. A summary of the
content of soId' ordinance,
consisting of the title, provides
as follows:
4N ORDINANCE OF THE CITY
?F EDMONDS, WASHINGTON.
Y
The full text of this Ordinance
rill be mailed upon request.
DATED this 17th dqy of
larch, 1992.
RHONDA J. MARCH
City Clerk
ublished: March 22, 1992..
ss.
Affidavit of Publication
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ....................................
Summary Of Ordinance No. 2874
... ..
Adding Interim Critical Areas And Resource
Lands Title To The Edmonds Comm. Devel. Code
----------------------------- - ............. ........................... ..................................... .:.......
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
March 22, 1992
........ ....................................................................... ...............................................
......................................................................................................................................
and that said newspaper was regularly distributed to its subscribers
during all ofys'aid period. /
1.............................................................
Principal C k
Subscribed and sworn to before me this ...2.4.th
dayfo, _ -•March9 2
............................................ 9....
J
Notary Public in and for e S of. Was�Utc
residing at Everett, Snoh mis o p
"b130'-
5
OF WAa�11��'
B-2-1