Ordinance 30870006.150.104
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ORDINANCE NO. -iov
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING A CRITICAL AREAS
ORDINANCE AS CHAPTER 20.15(B) OF THE EDMONDS
COMMUNITY DEVELOPMENT CODE THAT PROTECTS
CRITICAL AREAS SUCH AS FISH AND WILDLIFE,
HABITAT CONSERVATION AREAS, FREQUENTLY
FLOODED AREAS, GEOLOGICALLY HAZARDOUS AREAS,
STREAMS AND WETLANDS, BY REGULATING
DEVELOPMENT THAT IMPACTS THESE AREAS BY THE
IMPOSITION OF DEVELOPMENT BUFFERS, CRITICAL
AREAS STUDIES AND OTHER DEVELOPMENT
RESTRICTIONS, AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
WHEREAS, the Washington State Growth Management Act, chapter 36.70A
RCW, requires the City to adopt regulations that protect environmentally sensitive areas, and
WHEREAS, the City has adopted a series of interim critical areas ordinances, the
last of which was Edmonds Ordinance No. 3065 as amended by Edmonds Ordinance 3074; and
WHEREAS, the Edmonds Planning Board has reviewed this permanent critical
areas ordinance and has recommended approval to the Edmonds City Council; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
130683.10 -1-
Section 1. Edmonds Ordinance No. 3065, as amended by Edmonds Ordinance
No. 3074, is hereby repealed. Ordinance No. 3074 is repealed except for Section 1 of Edmonds
Ordinance No. 3074.
Section 2. New Chapter 20.15B is hereby added to the Edmonds Community
Development Code to read as follows:
See Exhibit A, incorporated by this reference as if set forth in full.
Section 3. The legislative findings adopted by the City Council under Section 1
of City of Edmonds Ordinance No. 3074 is hereby incorporated by this reference as if set forth
in full and is hereby adopted by the Edmonds City Council as justification for the adoption of
the new Edmonds Community Development Code Chapter 20.15B as adopted under Section 2
herein.
Section 4. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 5. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, 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.
APPROVED:
MAYOR, W-- MIAMI ®R " F---
130683.10 -2-
ATTEST /AUTHENTICATED:
ol CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO._
3087
05/03/96
05/07/96
05/12/96
05/17/96
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04/25/96
04/27/96
R:05/01/96
E XHl81L A
CHAPTER 20.15B
CRITICAL AREAS
20.15B.010 LEGISLATIVE FINDINGS
The purpose of this Chapter is to establish special 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 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 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
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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 Chapter. 43.21(C), the City of Edmonds
Comprehensive Plan, and the Growth Management Act of 1990.
20.15B.020 DEFINITIONS
For purposes of this Chapter, the following definitions shall apply:
A. Adjacent. "Adjacent" means a development proposal within an
area up to twice the standard buffer width as established by this Chapter for the
Critical Areas.
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 Critical
Areas.
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 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
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immediately next to and part of a stream or wetland that is an integral part of the
stream or wetland ecosystem.
E. Cam. "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.150 of this Chapter.
J. Creation. "Creation" means a compensation project performed to
intentionally establish a wetland or 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
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the Priority Habitat Species lists compiled in compliance with WAC 365- 190 -080;
or by rules and regulations adopted currently or thereafter by the U.S. Fish and
Wildlife Service. (See Section 20.15B.060(A)(1)(a)).
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; 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. Erosion Hazard Areas. (See Section 20.15B.060(A)(3)(a)).
R. 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 (5) years.
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S. 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 rare, endangered, threatened,
or sensitive species; for species of local importance as defined by this Chapter
and identified in the Administrative Procedures; or for habitat communities of
exceptional habitat value inventoried and mapped within the City. (See also
2O.15B.06O(A)(1)).
T. Floodplain. "Floodplain" means the total area subject to inundation
by a "100-year flood". "100-year flood" means a flood having a one percent
chance of being equaled or exceeded in any given year.
U. Frequently Flooded Areas. (See Section 2O.15B.O6O(A)(2).)
V. 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.
W. 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. (See Section 20.15B.O60(A)(3)(a)).
2. Landslide Hazard Areas. (See Section
20.15B . 060 (A) (3) (b)) .
3. Steep Slope Hazard Areas. (See Section
2O.15B.O6O(A)(3)(c)).
4. Seismic Hazard Areas. (See Section 2O.15B.O60(A)(3)(d)).
X. Geologist. "Geologist" means a person who has earned a degree
in geology from an accredited college or university and has at least five (5) years
of experience as a practicing geologist or four (4) years of experience and at least
two (2) years of post - graduate study, research or teaching. The practical
experience shall include at least three (3) years work in applied geology and
landslide evaluation in close association with qualified practicing geologists and
geotechnical/civil engineers.
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Y. Geotechnical Engineer. " Geotechnical Engineer" means a
practicing geotechnica /civil engineer licensed as a professional civil engineer in
the state of Washington who has at least four (4) years of professional
employment as a geotechnical engineer in responsible charge including experience
with landslide evaluation.
Z. Grading. "Grading" means any one or combination of excavating,
filling, or disturbance of that portion of the soil profile which contains decaying
organic matter.
AA. 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, eel -grass beds, and wetlands. (See Section
20.15B . 060 (A) (1) (c)) .
BB. Landslide Hazard Areas. (See Section 20.15B.060(A)(3)(b)).
CC. Long -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.
DD. Miti ag tion. "Mitigation" means the use of any or all of the
following actions that are listed in descending order of preference:
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;
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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.
EE. 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.
FF. Native Ve etation. "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.
GG. Natural Resource Lands. "Natural Resource Lands" means
agricultural, forest and mineral resource lands which have long -term commercial
significance.
HH. Noxious Weeds. "Noxious weeds" means any plant which when
established is highly destructive, competitive or difficult to control by cultural or
chemical practices, as further listed in Title 16 -750 WAC.
II. Qualified Critical Areas Consultant. "Qualified Critical Areas
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
(2) years field experience with wetlands and /or streams in the Pacific Northwest.
JJ. Resource Lands. "Resource Lands" means areas with long -term
commercial timber, agricultural and mineral values.
KK. 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.
LL. Significant Habitat. (See Section 20.15B.060(A)(1)(b)).
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MM. 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. (See
Section 20.15B.060(A)(1)(c)).
NN. Steep Slope Hazard Areas. (See Section 20.15B.060(A)(3)(c)).
00. Seismic Hazard Areas. (See Section 20.15B.060(A)(3)(d)).
PP. 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 (drainage ditches) or other entirely artificial
watercourses unless they are used by salmonids or used to convey streams
naturally occurring prior to construction of such watercourse. Streams are further
classified into Categories 1, 2 and 3. (See Section 20.15B.060(A)(4)).
1. Category 1 Streams. (See Section 20.15B.060(A)(4)(a)).
2. Category 2 Streams. (See Section 20.15B.060(A)(4)(b)).
3. Category 3 Streams. (See Section 20.15B.060(A)(4)(c)).
QQ. Stormwater Management Manual. " Stormwater
Management Manual" means the Stormwater Management Manual for the Puget
Sound Basin by the Washington State Department of Ecology (as included in
ECDC Chapter 18.30).
RR. 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 be characterized by
urban growth when urban growth is located upon it, or the land is located in
relationship to an area with urban growth on it as to be appropriate for urban
growth.
SS. Vadose Zone. " Vadose Zone" means the surface layers of the soils
and earth which may contain shallow water - tables above permanent groundwater
areas.
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TT. 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 less
than 2,500 square feet in total area are not regulated by this Chapter. 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, or those wetlands created after July 1, 1990, that were
unintentionally created as a result of the construction of a road, street or highway.
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 - 030(22)]. Wetlands are further classified into
Categories 1, 2 and 3. (See Section 20.15.B.060(A)(5)).
1. Category 1 Wetlands. (See Section 20.15B.060(A)(5)(a)).
2. Category 2 Wetlands. (See Section 20.15B.060(A)(5)(b)).
3. Category 3 Wetlands. (See Section 20.15B.060(A)(5)(c)).
UU. 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 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
Critical Areas 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 Critical Areas.
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B. Administrative Procedures. The City Planning Division may
develop and adopt Administrative Procedures 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. Except for emergencies as outlined in
subparagraph (A)(1), City Planning staff shall review the proposed action and
determine whether or not the proposal is subject to these exemption provisions.
For actions identified under subparagraphs (A)(2) through (A)(5) below, City
Planning staff shall waive the requirements of this Chapter and any administrative
procedures promulgated hereunder for actions which are determined to either not
pose any threat to a Critical Area or its buffer, or which are legally
nonconforming buildings, structures or uses which were in place prior to the
implementation of this Chapter. For actions identified under subparagraph
(A)(1), City Planning Staff shall waive the requirements of this Chapter and any
administrative procedures promulgated hereunder for actions determined by City
Planning staff to qualify as emergencies identified under subparagraph (A)(1).
1. Emergencies that threaten the public health, safety and
welfare as defined in Title 20.110.020(D) of the ECDC;
2. Remodeling, 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 Critical Areas or their buffers; 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
130308.10 10
habitats, streams, or wetlands by utility work within an existing right -of-
way must restore the Critical Areas to, at the least, their former functional
value at the completion of the utility construction;
4. Existing and ongoing agriculture as defined in Section
20.15B.020(R) 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 Critical Areas study had previously 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.
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 pursuant to
ECDC Section 20.100.010, the Hearing Examiner may approve the exception if
the Hearing Examiner finds 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. 170(C). Proposals approved
for an Exception by this section shall be constructed using Best Management
Practices as defined within Section 20.15B.020(C).
C. Reasonable Use Exception. If the application of this ordinance
would deny all reasonable use of the property, 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;
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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 may only apply for a reasonable use
exception under this subsection if the applicant has also applied for a
variance pursuant to Section 20.15B. 170(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. 170(C).
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
issuance of any development permit. Details of the full Sequence of Actions will be contained
in the Administrative Procedures for this Title.
A. Applicant completes and submits a Critical Areas Checklist, as
provided in the Administrative Procedures for this Chapter, to Planning staff;
B. Staff reviews the Checklist and determines any requirement for
detailed Critical Area study within two (2) weeks of receipt of the Checklist or
issues a waiver
from further study as outlined in Section 20.15B.140;
C. If Critical Areas are determined to be present then there will be a
requirement for Critical Areas Study per Section 20.15B.140 of the Title. The
development permit application will not be considered complete until the
completed Critical Areas study is submitted;
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D. City staff will review the Critical Area Study and the development
proposal within two weeks of receipt;
E. The development permit application shall be conditioned to meet
the provisions of this 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.150; and
F. 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. 140(E).
20.15B.060 CLASSIFICATION
A. Critical Areas. The following areas, as defined in Section
20.15B.020, are classified as Critical Areas: fish and wildlife habitat conservation
areas, frequently flooded areas, geologically hazardous areas, streams, and
wetlands.
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.
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(ii) Streams, rivers, and wetlands used by
salmonids. Refer to Sections 20.15B.120 and 20.15B.130
for further detail.
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.
C. Habitats and Species of Local Importance. To be
determined and defined in locally adopted administrative
procedures.
2. Frequently 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 Chapter
19.97 of the City of Edmonds Code.
3. Geolo ig cally 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 that
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).
(iii) Everett Series (15 % - 25 % slopes).
130309.10 14
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, have 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 present) or
which is underlain by mass wastage debris of that epoch as
determined by a qualified geologist or geotechnical
engineer;
(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 deposition of stream - transported sediments.
C. Steep Slope Hazard Areas. "Steep slope hazard
areas" means any ground that rises at an inclination of forty
percent (40 %) or more within a vertical elevation change of at
least twenty (20) feet (a vertical rise of ten (10) feet or more for
every twenty -five (25) feet of horizontal distance). A slope is
130308.10 15
delineated by establishing its toe and top and measured by
averaging the inclination over at least twenty (20) feet of vertical
relief.
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. 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. Streams 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
(20) 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 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 endangered or threatened, or the
130308.10 16
presence of critical or outstanding habitat for those species;
or
(ii) Wetlands having forth percent (40 %) to sixty
percent (60 %) permanent open water in dispersed patches
with two (2) or more classes of vegetation; or
(iii) Wetlands equal to or greater than five (5) acres
in size and having three (3) or more wetland classes, one
of which is open water; or
(iv) 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" are
wetlands that do not qualify as Category 1 Wetlands and that meet
any of the following criteria:
(i) Wetlands greater than one (1) acre in size;
or
(ii) Wetlands equal to or less than one (1) acre
and greater than 2,500 square feet and having two (2) 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 square feet and that have one wetland class.
20.15B.070 STANDARDS OF APPROVAL
No alteration of Critical Areas or their buffers shall be permitted unless the City
grants an exemption or an exception pursuant to Section 20.15B.040 or a variance pursuant to
Section 20.15B.170(A). In addition, the project must follow the prescribed sequencing of
130308.10 17
mitigation as outlined within Section 20.15B.150. Any permitted alteration of Critical Areas or
their buffers shall comply with the requirements of this Title.
A. Regulated Activities. Any development proposal, as defined by
this Chapter, which may impact Critical Areas or their buffers, 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.150. 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 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 Critical Areas which are not
currently in existing or ongoing agricultural use, into agricultural use.
20.15B.080 DEVELOPMENT STANDARDS: GENERAL
130308.10 18
A. Any development proposal on a site which is within, includes, or
is adjacent to any Critical Areas must be planned, designed and appropriately
mitigated so as to demonstrate conformance with the purposes of this Chapter.
No alteration of Critical Areas or their buffers shall be permitted unless the City
grants an exemption or exception pursuant to Section 20.15B.040, a variance
granted pursuant to Section 20.15B. 170(A) 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;
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
Areas are contained within the Development Standards Sections which
follow.
130308.10 19
2. Averaging. 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:
a. That averaging is necessary to provide reasonable
use of the property (refer to Section 20.15B.040(C)(1) -(6) for
definition of "Reasonable Use ");
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 Area's 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 fifty percent (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.
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:
130308.10 20
a. A larger buffer is necessary to maintain viable
populations of existing species; or
b. The Critical Areas are 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 Areas or their buffers; or
C. The Critical Areas located within twenty -five (25)
feet of the toe of slopes equal to or greater than forty percent
(40 %). 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 Areas 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. 160(B).
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 Critical Areas or their functional values. The City further shall have the
authority to impose conditions for Critical Areas as provided in Sections
20.15B.080 through Section 20.15B. 130.
E. Construction Monitoring. The City may require that a qualified
Critical Areas consultant, at the direction of the City, monitor the development
proposal site during construction at the applicant's expense. The qualified Critical
Areas consultant shall monitor compliance with the conditions or restrictions
imposed by the City Department of Community Services. The conditions
imposed by the City may be based on the recommendations in the Critical Areas
study conducted per the requirements of Section 20.15B.140 or a Mitigation plan
conducted per the requirements of Section 20.15B.150.
130308.10 21
The City may require the qualified Critical Areas 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 Areas 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 Areas study and all conditions of approval.
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 Critical Areas 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.090 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.
Activities allowed in fish and wildlife habitat areas shall be consistent with the
species located there and all applicable state and federal regulations regarding the species. City
Planning staff shall defer administration and enforcement of fish and wildlife habitat area
protection measures to the appropriate state or federal agency responsible for administering said
protection measures. Development in these areas shall be in accordance with the requirements
of the underlying zone and any overlapping critical areas classification.
20.15B.100 DEVELOPMENT STANDARDS: FREQUENTLY FLOODED
AREAS
Standards for Frequently Flooded Areas shall meet the requirements of Chapter
19.97, Flood Plain Management, of the City of Edmonds Community Development Code.
20.15B.110 DEVELOPMENT STANDARDS: GEOLOGICALLY
HAZARDOUS AREAS
A. Buffers. Buffers for geologically hazardous areas shall be fifty (50)
feet in width, they shall be maintained with their native vegetation, and where
130308.10 22
appropriate, be placed within the Critical Areas tract. This 50 -foot buffer
requirement may be reduced to ten (10) feet by the Director or his /her designee
upon review of Critical Areas study prepared pursuant to Section 20.15B. 140(A)
of the Edmonds Community Development Code by a licensed geologist or
geotechnical engineer which clearly demonstrates that the proposed buffer
alteration will have no adverse impact upon the site, the public or any private
party. "Adverse impact" shall include but not be limited to a decrease in site
stability as defined in Chapter 19.05 of the Edmonds Community Development
Code. Such report shall be certified in a form suitable for filing with the
Snohomish County Recorder and generally comply with the provisions of this
Chapter as well as the geotechnical report requirements of Chapter 19.05 of the
Edmonds Community Development Code. Staff approval or disapproval of
proposed buffer reductions shall be subject to appeal pursuant to the provisions
of Section 20.105.010(A)(4).
B. Erosion Hazard Areas. Alterations within identified Erosion
Hazard Areas shall not be authorized without an approved erosion control plan
pursuant to ECDC Chapter 18.30, which includes 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.
C. Landslide Hazard Areas. Landslide Hazard Areas located on
slopes less than forty percent (40%) shall only be approved to be altered if both
of the following provisions are met:
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
one acre in size, shall be placed in Critical Areas tract for any proposed Master
Plan Development, subdivision, short- subdivision, or Planned Residential
Development, pursuant to Section 20.15B.160. Where alterations are authorized
City staff shall determine whether the remaining portion(s) of the Landslide
hazard area shall be placed within Critical Areas tract.
Landslide areas located on slopes greater than 40% shall be regulated
pursuant to Section 20.15B.110(D).
130308.10 23
D. Steen Slone Hazard Areas. No development or alteration shall be
allowed in steep slope hazard areas unless the City grants an exemption or
exception pursuant to Section 20.15B.040, a variance is granted pursuant to
Section 20.15B. 170(A) 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 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
Areas 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
allowed 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 Chapter 18.45 of the ECDC; and
E. 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 site's specific subsurface
conditions indicates that the site is not located within a seismic hazard
area; or
2. Mitigation is implemented which renders the proposed
development as stable as if it were not located within -a seismic hazard
area.
130309.10 24
City staff may rely upon independent review of the technical analysis of site
conditions pursuant to Section 20.15B.140(E).
20.15B.120 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, at the time of
adoption of this Chapter the City of Edmonds does not contain any Class 1 streams; language
regarding these streams is present in order to regulate those Class 1 streams which the City may
at some point incorporate into its jurisdiction.
A. Required Buffers. 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.
B. 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 a
plan approved by the planning official, and maintained and monitored per the
requirements of Section 20.15B.150(B). For all Categories of streams, the
applicant must demonstrate that best management practices will be used during
construction to provide the following:
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;
130308.10 25
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.
C. Stream Relocation. 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;
2. Category 2 streams shall not be relocated except for public
road projects which have been authorized by the Public Agency or Utility
Exception process set out in Section 20.15B.040(B); 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.
D. 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 twenty -five percent (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 vehicular access to designated public use or interpretive areas.
130308.10 26
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.
E. 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 of this Title and other applicable City, state and
federal codes and regulations.
F. 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.
G. 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.160;
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.
130308.10 27
20.15B.130 DEVELOPMENT STANDARDS: WETLANDS
Alteration to wetlands and their buffers shall only be allowed pursuant to the
provisions of Section 20.15B.040 or as provided below. Any authorized alteration of a wetland
must follow the prescribed sequencing of mitigation as outlined in Section 20.15B.150 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.150.
A. Alterations.
1. Category 1 Wetlands.
No alteration to Category 1 wetlands shall be authorized unless the
City grants an exemption or exception pursuant to Section 20.15B.040 or
a variance is granted pursuant to Section 20.15B.170. Category 1
wetlands or their buffers shall not be used for stormwater management
purposes including engineered 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 natural
buffer condition, i.e. infiltration and /or sheet flow.
2. Category 2 Wetlands.
No alteration to Category 2 wetlands shall be authorized unless the
City grants an exemption or exception pursuant to Section 20.15B.040 or
a variance is granted pursuant to Section 20.15B. 170(A). Category 2
wetlands shall not be used for stormwater management purposes including
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.
130308.10 28
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.
3. Category 3 Wetlands. The following use of Category 3
wetlands for stormwater management and conveyance shall apply:
vegetation -lined swales designed for stormwater management may be
placed within the outer twenty -five percent (25%) of the buffer when
topographic constraints 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 (1987) 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.140(C).
C. Required Buffers. The following buffers shall be required for
wetlands based on the Category of wetland as outlined in Section
20.15B.060(A)(5) of this Title. The City may allow buffer averaging per the
requirements and limitations within Section 20.15B.080(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
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, on-
site, and timed prior to or concurrent with alteration. These ratios do not apply
130308.10 29
to remedial actions resulting from illegal alterations. The first number specifies
the acreage of wetlands which are required to be replaced (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.140 CRITICAL AREAS STUDIES
A. Required. When an application for a development proposal on a
site that includes, is adjacent to, or could significantly impact Critical Areas is
proposed, City staff shall require the submission of a Critical Areas study,
prepared by a qualified consultant, pursuant to the requirements of this Section.
Staff shall make a determination whether the development proposal site includes,
is adjacent to, or faces potentially significant impacts to Critical Areas or their
buffers. That determination shall be rebuttable and the decision of the Director
that any area lies within Critical Areas or their buffers shall be appealable as a
staff decision in accordance with provisions of ECDC 20.105.010(A)(3).
B. Waivers. When staff determines, based on review of the Critical
Areas Checklist, a preliminary field investigation, and the review of technical
information available to staff, that:
1. There will be no alteration of the Critical Areas or its
required buffers pursuant to the requirements of this Chapter;
2. The development proposal will not impact the Critical Areas
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 Areas study.
In no case may staff waive the need for a detailed Compensatory
Mitigation Plan if Critical Areas impacts are identified, unless the
130,308.10 30
applicant is proposing to use a plan already reviewed and approved by
staff which meets the criteria and standards of this Chapter.
C. Critical Areas Studies: Contents. When it is determined by the
staff of the City that a Critical Areas study is required for a development activity
proposal, the minimum criteria for study content specific to each Critical Areas
type will be required. Detailed criteria will be provided within the Administrative
Procedures 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 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 Areas
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 Areas study shall be born by
the applicant.
E. Independent Review. Based on a review of the information
contained in the Critical Areas 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.150 MITIGATION
A. Mitigation Sequence. As defined in this Chapter mitigation
includes avoiding, minimizing or compensating for adverse impacts to Critical
Areas or their buffers. When a proposed development activity poses potential
adverse impacts to Critical Areas or their buffers the following prioritized
sequence of mitigation shall be followed:
130308.10 31
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 Miti ag tion. As a condition of any permit allowing
alteration of Critical Areas or their buffers, or as an enforcement action pursuant
to Section 20.15B. 170(B), the City shall require that the applicant shall provide
compensatory mitigation in the form of restoration, re- creation or creation of the
Critical Areas and their buffers 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 Areas.
Enhancement of existing significantly degraded wetlands or streams may
be considered for partial compensation. When enhancement of an existing
significantly degraded wetland or stream is proposed as compensation for the loss
of existing functional wetland(s) or stream(s), the replacement ratios as provided
within Section 20.15B. 130(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.150, with the replacement ratios specified in Section
20.15B. 130(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;
130308.10 32
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.
4. The compensatory mitigation shall be installed and
monitored and corrections shall be made to ensure it meets the goals
established pursuant to subsection (B)(1) above.
20.15B.160 CRITICAL AREAS TRACTS AND NOTICE ON TITLE
A. Critical Areas Tracts. The City may require that where
development or alteration is prohibited or limited based on the presence of
Critical Areas or their buffers, pursuant to this ordinance, the Critical Areas
and /or their buffers may be placed in a separate Critical Areas Tract or
Easement. The City may require that the Critical Areas 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 Areas
and /or the buffers. 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 Critical Areas or buffers 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.170 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:
130308.10 33
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 Areas, the strict application of this Title
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 ninety (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 a 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 Critical Areas 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 to the City Council upon
filing a Notice of Appeal with the City Clerk within ten (10) working days of the
date of the Hearing Examiner's written decision. Such appeal to the Council shall
be on the record.
20.15B.180 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.
130308.10 34
20.15B.190 LIBERAL CONSTRUCTION
This Chapter shall be liberally construed to give full effect to the objectives and purposes for
which it was enacted.
130308.10 35
SUMMARY OF ORDINANCE NO. 8087
of the City of Edmonds, Washington
On the 7th day of may , 199 6 , the City Council of the City of Edmonds,
passed Ordinance No. 3087 A summary of the content of said ordinance, consisting
of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING A
CRITICAL AREAS ORDINANCE AS CHAPTER 20.15(B) OF THE EDMONDS
COMMUNITY DEVELOPMENT CODE THAT PROTECTS CRITICAL AREAS SUCH AS
FISH AND WILDLIFE, HABITAT CONSERVATION AREAS, FREQUENTLY FLOODED
AREAS, GEOLOGICALLY HAZARDOUS AREAS, STREAMS AND WETLANDS, BY
REGULATING DEVELOPMENT THAT IMPACTS THESE AREAS BY THE IMPOSITION
OF DEVELOPMENT BUFFERS, CRITICAL AREAS STUDIES AND OTHER
DEVELOPMENT RESTRICTIONS, AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 8th day of May _ , 199 6 .
CITY CLERK, SANDRA S. CHASE
CRITICAL AREA AND /OR CRITICAL AREA BUFFER NOTICE
Property Address:
Edmonds, Washington
Legal Description:
Assessor's Parcel Number:
Present Owner:
NOTICE: This property contains one or more critical areas or their buffers as defined
by Edmonds Community Development Code Chapter 20.15B. The property was the
subject of a development proposal for
(type of permit)
application # filed on . Restrictions on
(date)
use or alteration of the critical areas or their buffers may exist due to natural conditions
of the property and resulting regulations. Review of the above application has provided
information on the location of the critical area(s) or critical area buffers and restrictions
on their use through setback areas. A copy of the plan showing such critical area(s),
buffers, and setback areas is attached hereto as Exhibit 1.
Property Owner Signature:
Date:
3�
STATE OF WASHINGTON )
COUNTY OF SNOHOMISH )
I certify that I know or have satisfactory evidence the
signed this instrument and acknowledge it to be hisA
purposes mentioned in this instrument.
Notary's pressure seals must be smudged.
Signature of
Notary Public:
Dated:
Residing at:
My Appointment
Expires:
THIS DOCUMENT MUST BE RECORDED WITH THE SNOHOMISH COUNTY AUDITOR.
CRITICAL AREA AND /OR CRITICAL AREA BUFFER NOTICE
Property Address:
Edmonds, Washington
Legal Description:
Assessor's Parcel Number:
Present Owner:
NOTICE: This property contains one or more critical areas or their buffers as defined
by Edmonds Community Development Code Chapter 20.15B. The property was the
subject of a development proposal for
(type of permit)
application #
filed on . Restrictions on
(date)
use or alteration of the critical areas or their buffers may exist due to natural conditions
of the property and resulting regulations. Review of the above application has provided
information on the location of the critical area(s) or critical area buffers and restrictions
on their use through setback areas. A copy of the plan showing such critical area(s),
buffers, and setback areas is attached hereto as Exhibit 1.
Property Owner Signature:
Date:
STATE OF WASHINGTON )
COUNTY OF SNOHOMISH )
I certify that I know or have satisfactory evidence that
signed this instrument and acknowledge it to be his /her free and voluntary act for the uses and
purposes mentioned in this instrument.
Notary's pressure seals must be smudged. Dated:
Signature of
Notary Public: _
Residing at:
My Appointment
Expires:
THIS DOCUMENT MUST BE RECORDED WITH THE SNOHOMISH COUNTY AUDITOR.
Affidavit of Pu6lication
STATE OF WASHINGTON,
COUNTY OF SNOHODUSH,
ss
Sal MMARY
( ORDINANCE NO. 3087
of the City of
dthend7thWdayinof nMay,l,
.
On
i 1996, the City Council of the
The undersigned, being first duly sworn on oath deposes and says
dinance Nom 3081. PA summary'
that she is Principal Clerk of THE HERALD, a daily newspaper
,of the content of said ordr,
nanee, consisting of the title.,
i provides as follows:
printed and published in the City of Everett, County of Snohomish,
AN ORDINANCE OF THE'
INGTON OF EDADOPTING WASH-
and State of Washington; that said newspaper is a newspaper of
CRITICAL AREAS ORDb'
NANCE AS CHAPTER;
20.15(8) OF THE EDMONDS
NTAHT DEVELOPMENT:
general circulation in said County and State; that said newspaper
CODE
has been approved as a legal newspaper by order of the Superior
CRITICAL AREAS SUCH AS
FISH AND WILDLIFE, HABI-
TAT CONSERVATION AREAS,.
Court of Snohomish County and that the notice ......... ...............................
FREQUENTLY FLOOD -ED^
.AREAS GEOLOGICALLYI
HAZARbOUS AREAS„
STREAMS AND WETLANDS,
Summar y of Ordinance No. 3087
BYREGULATING DEVELOP -1
•-------------•-••--- ........-----------.......-----°-----......---.......•------------........ ...............................
DATED this 6th day of Ma ° .......... ................... °......-•--°
The full text of this Ordi
nanee wilt be mailed upon �,
,ra uest. a printed copy of which is hereunto attached, was published in said
jt996. Y Y.
SANDRA S. CHASE newspaper proper and not in supplement form, in the regular and
City Clerk
IPub6sned: May 12, 1996. �' entire edition of said paper on the following days and times, namely:
May 12, 1996
..............................................•--------- .......----------- • - - - - -- ................................................
........jhatt ...•---------..................................... .............. ..........................................
and d newspaper was regu la ly distribute to its subscribers
duri f said period.
.... r.....-.:....— ...... .._.r ................... ............
Principal Clerk
Subscribed and sworn to before me this......... 13th
dayof .May.......... .......................... 19..96..
...................... ...... .. ................. ..............................
c in and for the tat of Washington,
erett, Snoho • h unty.
m� onion Ex� �T
40TARj-
5 -1 9 -98 ��
B -2 -1