Ordinance 4026ORDINANCE NO. 4026
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE CRITICAL AREAS
REGULATIONS CONTAINED IN EDMONDS COMMUNITY
DEVELOPMENT CODE CHAPTERS 23.40
ENVIRONMENTALLY CRITICAL AREAS GENERAL
PROVISIONS, 23.50 WETLANDS, 23.60 CRITICAL AQUIFER
RECHARGE AREAS, 23.70 FREQUENTLY FLOODED
AREAS, 23.80 GEOLOGICALLY HAZARDOUS AREAS, AND
23.90 FISH AND WILDLIFE HABITAT CONSERVATION
AREAS, AMENDING ECDC SECTION 19.00.025, A
PROVISION OF THE BUILDING CODE RELATED TO
FREQUENTLY FLOODED AREAS, AMENDING ECDC
SECTION 21.40.030, TO ADD A NEW EXCEPTION TO THE
DEFINITION OF "HEIGHT" FOR USE IN COASTAL HIGH
HAZARD AREAS AND COASTAL "A" FLOOD ZONES;
AMENDING CERTAIN PERMIT REVIEW PROCESSES
RELATED TO CRITICAL AREAS IN ECDC SECTIONS
20.01.003 AND 20.03.002.
WHEREAS, the City of Edmonds is required to plan under RCW 36.70A.040; and
WHEREAS, RCW 36.70A.130(1) requires City of Edmonds to take legislative action to
review and, if needed, revise its comprehensive plan and development regulations, including its
policies and regulations designating and conserving natural resource lands and designating and
protecting critical areas to comply with the requirements in chapter 36.70A RCW (the Growth
Management Act or GMA); and
WHEREAS, on June 16, 2015, the city council of the City of Edmonds reviewed its
comprehensive plan and conducted a public hearing on the 2015 update to the City of Edmonds
comprehensive plan; and
WHEREAS, the City of Edmonds adopted the 2015 update to the City of Edmonds
comprehensive plan with Ordinance 4003; and
WHEREAS, based on early direction from the City Council, the 2015 update did not
involve a major policy shift, but instead focused on consistency and streamlining, including the
latest data, as well as the addition of several performance measures; and
1
WHEREAS, it was determined during this review process that, with the exception of the
critical areas regulations, the City of Edmonds' development regulations remained consistent
with and would continue to implement the comprehensive plan and the proposed update to it so
that no other development regulations would need to be revised at this time; and
WHEREAS, the Growth Management Act (GMA) defines "critical areas" to include the
following areas and ecosystems: (a) wetlands; (b) areas with a critical recharging effect on
aquifers used for potable water; (c) fish and wildlife habitat conservation areas; (d) frequently
flooded areas; and (e) geologically hazardous areas; and
WHEREAS, the GMA requires that each city adopt development regulations that protect
critical areas; and
WHEREAS, cities in Snohomish County are expected to take action to review and, if
needed, revise their comprehensive plans and development regulations to ensure the plan and
regulations comply with the requirements of the GMA on or before June 30, 2015, and every
eight years thereafter; and
WHEREAS, cities must include the best available science in developing policies and
development regulations to protect the functions and values of critical areas; and
WHEREAS, cities must give special consideration to conservation or protection
measures necessary to preserve or enhance anadromous fisheries; and
WHEREAS, the City has not comprehensively reviewed its critical areas ordinance and
best available science since 2005 when the current version of the critical area regulations became
effective; and
WHEREAS, the City selected environmental consultants ESA to assist the City in
updating the 2004 City's Best Available Science Report (Exhibit 1 to September 8, 2015 agenda
memo 7969) and to evaluate the City's critical area regulations given the changes in science; and
WHEREAS, the Best Available Science addendum prepared by ESA reviewed the
current science related to critical areas as it has changed since 2004 (see Exhibit 2 to September
8, 2015 agenda memo 7969); and
WHEREAS, ESA also prepared a memo for the City's review that outlines certain
provisions that may deviate from Best Available Science, as required by WAC 365-195-915; and
2
WHEREAS, the Planning Board reviewed proposed changes to the critical area
regulations over the course of five Planning Board meetings between March 25 and July 22,
2015; and
WHEREAS, the Board's review included a July 8, 2015 public hearing; and
WHEREAS, the Planning Board forwarded its recommended changes to the City's
critical area regulations to the City Council; and
WHEREAS, the Planning Board also forwarded a recommendation for some
modifications to the building code Title 19 ECDC and definitions in Title 21 ECDC, in
conjunction with its recommendations on critical areas and frequently flooded area regulations;
and
WHEREAS, the City Council reviewed the draft updated critical area regulation as
recommended by the Planning Board at the September 8, 2015 Council meeting and continued
that review at the September 22, 2015 Council meeting; and
WIIEREAS, the City Council held a public hearing at the October 6, 2015 City Council
meeting and continued to review the critical area regulations at the November 2, 2015 City
Council meeting; and
WHEREAS, the City Council directed the City Attorney to prepare an ordinance to adopt
the updated critical areas regulations as amended by the City Council during the December 15,
2015 City Council meeting; and
WHEREAS, the Mayor asked the City Council to reconsider the amendments that were
approved during the December 15, 2015 City Council meeting; and
WHEREAS, the Mayor forwarded to the City Council a December 22, 2015 memo that
addresses the implications of the December 15, 2015 amendments; and
WHEREAS, on January 26, 2016, the City Council adopted a critical areas ordinance in
the form of Ordinance 4017, which included the eight amendments made at the December 15,
2015 City Council meeting; and
WHEREAS, Ordinance 4017 was vetoed by Mayor Earling on January 28, 2016; and
3
WHEREAS, at the February 2, 2016 City Council meeting, rather than voting on whether
to override the veto, the City Council discussed returning to the December 15, 2015 (pre -
amendments) version of the critical area regulations and providing staff a new set of proposed
amendments, using that version as a baseline, for discussion at future City Council meetings; and
WHEREAS, an initial set of proposed amendments were discussed at the February 23,
2016 City Council meeting; and
WHEREAS, the City Council adopted Resolution 1351 on March 1, 2016, which
expressed a goal date of April 30, 2016 for adoption of another critical areas ordinance and made
a finding that, except for the critical areas ordinance, the required 2015 review of the City's
comprehensive plan and development regulations had been completed and found to be consistent
with the GMA; and
WHEREAS, the City Council decided to hold another public hearing on potential
amendments to the draft critical area regulations on March 15, 2016; and
WHEREAS, the City Council took preliminary action on the proposed amendments on
March 15, 2016, April 5, 2016, April 12, 2016 and April 19, 2016; and
WHEREAS, this ordinance serves as the final legislative action required by the City
under RCW 36.70A.130 for the 2015 review and update;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. The following chapters of the Edmonds Community Development Code are
hereby amended to read as set forth in Attachment A hereto, which is incorporated herein by
this reference as if set forth in full (new text is shown in underline; deleted text is shown in
str4ke4hr-eugh; text moved from one location to another is shown in double underline where it
was moved to and shown in where it was moved from; new graphics have
an underline under the graphic; deleted graphics have been crossed -out with an X): chapter
23.40, entitled `Environmentally Critical Areas General Provisions;" chapter 23.50, entitled
"Wetlands;" chapter 23.60, entitled "Critical Aquifer Recharge Areas;" chapter 23.70, entitled
0
"Frequently Flooded Areas;" chapter 23.80, "Geologically Hazardous Areas;" and chapter 23.90
entitled, "Fish and Wildlife Habitat Conservation Areas."
Section 2. Section 19.00.025 of the Edmonds Community Development Code, entitled
"International Building Code section amendments," is hereby amended to read as set forth in
Attachment B hereto, which is incorporated herein by this reference as if set forth in full (new
text is shown in underline; deleted text is shown in s d lie diFe igh) to require the elevation of the
lowest floor of all structures located in the Coastal High Hazard Areas and Coast A Flood Zones
to be a minimum of two feet above the base flood elevation.
Section 3. Section 21.40.030 of the Edmonds Community Development Code, entitled
"Height," is hereby amended to read as follows (new text is shown in underline; deleted text is
shown in s#Fke thre):
21.40.030 Height.
A. Height means the average vertical distance from the
average level of the undisturbed soil of the site covered by a
structure to the highest point of the structure. (See subsection (D)
of this section for exceptions to this rule.)
B. "Average level" shall be determined by averaging
elevations of the downward projections of the four corners of the
smallest rectangle which will enclose all of the building, excluding
a maximum of 30 inches of eaves. If a corner falls off the site, its
elevation shall be the average elevation of the two points projected
downward where the two sides of the rectangle cross the property
line. (See subsection (D) of this section for exceptions to this rule.)
C. Accessory buildings that are attached to the main
building by a breezeway, hallway, or other similar connection so
that the accessory building is separated by 10 feet or less from the
main building shall be considered to be part of the main building
for purposes of determining the average level. For the purposes of
this section, in order for an accessory building to be considered to
be attached to and a part of the main building, the connecting
structure must have a roof and be constructed of similar materials
to both the main building and the accessory building so that it
appears to be a unified and consistently designed building.
D. Height Exceptions.
1. (R-eseFved) For all properties located within the Coastal
High Hazard Areas and Coastal A Flood Zones, height is measured
E
from the elevation that is two feet above base flood elevation as
identified from the applicable FEMA flood hazard map;
2. Church steeples;
3. Elevator penthouses, not to exceed 72 square feet in
horizontal section, or three feet in height, for that portion above the
height limit;
4. Chimneys, not to exceed nine square feet in horizontal
section or more than three feet in height, for that portion above the
height limit. In RM districts, chimneys shall be clustered. No
multiple -flue chimney shall exceed 39 square feet in horizontal
section. The first chimney shall not exceed nine square feet in
horizontal section, and other chimneys shall not exceed six square
feet in horizontal section;
5. Vent pipes not to exceed 18 inches in height above the
height limit;
6. Standpipes not to exceed 30 inches in height above the
height limit;
7. Solar energy installations not to exceed 36 inches in
height above the height limit. Such an installation may be
approved as a Type Il staff decision if it is designed and located in
such a way as to provide reasonable solar access while limiting
visual impacts on surrounding properties; and
8. Replacement of existing rooftop HVAC equipment
which exceeds the existing height limit, so long as the replacement
equipment does not exceed the height of the existing equipment by
more than 12 inches. The replacement equipment must have earned
the Energy Star label.
Section 4. Section 20.01.003 of the Edmonds Community Development Code, entitled
"Permit type and decision framework," is hereby amended to read as follows (new text is shown
in underline; deleted text is shown in strike -through):
20.01.003 Permit type and decision framework.
A Perm It Tvne..0
TYPE I
TYPE II -A
TYPE II-B
TYPE III -A
TYPE III-B
TYPE IV -A
TYPE IV-B
TYPE V
Zoning
Accessory
Contingent
Outdoor dining
Essential public
Final formal
Site specific
Development
Critical
compliance letter
dwelling unit
facilities
plats
rezone
agreements
Area
Review
Lot line
Formal
Technological
Design review
Final planned
Zoning text
adjustment
interpretation of
impracticality
(where public
residential
amendment; area -
the text of the
waiver for
hearing by
development
wide zoning map
ECDC by the
amateur radio
architectural
amendments
R
TYPE I
TYPE II -A
TYPE II-B
TYPE III -A
TYPE III-B
TYPE IV -A
TYPE IV-B
TYPE V
director
antennas
design board is
required)
Critical area
SEPA
Critical Area
Shoreline
Comprehensive
determinations
determinations
Variance
substantial
plan amendments
development,
shoreline
conditional use,
shoreline
variance
Shoreline
Preliminary short
Contingcn!
Conditional use
Annexations
Exemptions
plat
Critical Area
permits (where
ReviEwif•public
public hearing
hearing requested
by hearing
examiner is
required)
Minor
Land
Variances
Development
amendments to
clearing/grading
regulations
planned
residential
development
Minor
Revisions to
Home
preliminary plat
shoreline
occupation
amendment
management
pennit (where
permits
public hearing
by hearing
examiner is
required)
Staff design
Administrative
Preliminary
review, including
variances
formal plat
signs
Final short plat
Land use permit
Preliminary
extension requests
planned
residential
development
Sales
Guest house
office/model
(ECDC
17.70.005)
Innocent
purchaser
determination
B. Decision Table.
PROCEDURE FOR DEVELOPMENT PROJECT PERMIT APPLICATIONS
(TYPE I — IV)
LEGISLATIVE
TYPE I
TYPE II -A
TYPE 11-B
TYPE III -A
TYPE III-B
TYPE IV -A
TYPE IV-B
TYPE V
Recommendation
N/A
N/A
N/A
N/A
N/A
N/A
Planning board
Planning board
by:
Final decision by:
Director
Director
Director
Hearing
Hearing
City council
City council
City council
examiner
examiner/ADB
Notice of
No
Yes
Yes
Yes
Yes
Yes
Yes
No
application;
Open record
No
Only if
1 If
Yes, before
Yes, before
No
Yes, before
Yes, before
public hearing or
appealed,
Director
hearing
hearing
planning board
planning board
open record
open record
decision is
examiner to
examiner or
which makes
which makes
appeal of a final
hearing
appealed4ppealed
render final
board to render
recommendation
recommendation
decision:
before
o2gn rkqgEd
decision
final decision
to council
to council or
PROCEDURE FOR DEVELOPMENT PROJECT PERMIT APPLICATIONS
(TYPE I — IV)
LEGISLATIVE
TYPE I
TYPE II -A
TYPE II-B
TYPE III -A
TYPE III-B
TYPE IV -A
TYPE IV-B
TYPE V
hearing
hearin
council could
examiner
before
hold its own
hearing
hearing
examiner
converted to
%c ]s-A
process
Closed record
No
No
No
No
Yes, before the
No
Yes, before the
review:
council
council
Judicial appeal:
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
C. Any reference to "Type II" in the Edmonds Community Development Code without expressly
being modified as "Type II-B" shall be construed to mean Type II -A for the purposes of this
section unless the context clearly suggests otherwise.
Section 5. Section 20.03.002 of the Edmonds Community Development Code, entitled
"Notice of application," is hereby amended to read as follows (new text is shown in underline;
deleted text is shown in si i-ke through):
20.03.002 Notice of application.
A. Generally. A notice of application shall be provided by the director to the public, all
city departments and agencies with jurisdiction of all Type II, III and IV development project
permit applications in accordance with this chapter. The notice of application for these permits
shall also be provided to the public by posting, publishing and mailing.
B. Issuance of Notice of Application.
1. A notice of application shall be issued within 14 days after the city has made a
determination of completeness pursuant to ECDC 20.02.003.
2. If any open record predecision hearing is required for the requested development
project permit(s), the notice of application shall be provided at least 15 days prior to the open
record hearing.
C. Contents. The notice of application shall include the following information in a format
determined by the director:
8
1. The date of submission of the initial application, the date of the notice of completion
and acceptance of the application, and the date of the notice of application;
2. A description of the proposed project and a list of the development project permits
requested in the application and, if applicable, a list of any studies requested under Chapter
36.7013 RCW;
3. A description of other required permits not included in the application, to the extent
known by the city at that time;
4. A description of existing environmental documents that evaluate the proposed project,
and, if not otherwise stated on the document providing notice of application, the location where
the application and any studies can be reviewed;
5. A statement setting forth: (a) the time for the public comment period, which shall be
not less than 15 days following the date of notice of application; (b) the right of any person to
comment on the application, receive notice of and participate in any hearings, and request a copy
of the decision on the application; and (c) any appeal rights;
6. The date, time, place and type of hearing, if a hearing has been scheduled when the
date of notice of application is issued;. For Type 11-B3 processes, the notice shall Rrovide
information regarding the -process for requesting a public hearing in accordance with the
applicable Type II-B permit application.
7. Any other information determined appropriate by the director such as the director's
threshold determination, if complete at the time of issuance of the notice of application.
D. Mailed Notice. Notice of application shall be mailed to:
1. The owners of the property involved if different from applicant; and
2. The owners of real property within 300 feet of the boundaries of the property(ies)
involved in the application. Addresses for a mailed notice required by this code shall be obtained
from the applicable county's real property tax records. The adjacent property owners list must be
current to within six months of the date of initial application.
3. Type III Preliminary Plat Actions. In addition to the above, requirements for mailed
notice of filing for preliminary plats and proposed subdivisions shall also include the following:
C
a. Notice of the filing of a preliminary plat adjacent to or within one mile of the
municipal boundaries of any city or town, or which contemplates the use of any city or town
utilities shall be given to the appropriate city or town authorities;
b. Notice of the filing of a preliminary plat of a proposed subdivision adjoining the
boundaries of Snohomish County shall be given to the appropriate county officials;
c. Notice of the filing of a preliminary plat of a proposed subdivision located adjacent to
the right-of-way of a state highway shall be given to the Secretary of Transportation;
4. For a plat alteration or a plat vacation, notice shall be as provided in RCW 58.17.080
and 58.17.090.
All mailed public notices shall be deemed to have been received on the next business day
following the day that the notice is deposited in the mail.
E. Published Notice. Notice of application shall be published in the city's official
newspaper (The Everett Herald, as identified in Chapter 1.03 ECC). The format shall be
determined by the director and the notice must contain the information listed in ECDC
20.03.002(C).
F. Posting. Posting of the property for site specific proposals shall consist of one or more
notice boards as follows:
1. A single notice board shall be placed:
a. At the midpoint of the street fronting the site or as otherwise directed by the director
for maximum visibility;
b. Five feet inside the street property line, except when the board is structurally attached
to an existing building; provided, that no notice board shall be placed more than five feet from
the street without approval of the director;
c. So that the bottom of the notice board is between two and four feet above grade; and
d. Where it is completely visible to pedestrians.
e. The size of the notice board shall be determined by the director.
2. Additional notice boards may be required when:
10
a. The site does not abut a public road;
b. A large site abuts more than one public road; or
c. The director determines that additional notice boards are necessary to provide adequate
public notice.
3. Notice boards shall be:
a. Maintained in good condition during the notice period;
b. In place at least 14 days prior to the date of any hearing, and at least 14 days prior to
the end of any required comment period;
c. Removed within 30 days of the date of the project decision, unless the decision is
appealed. If the project decision is appealed, the sign must be removed 30 days after the appeal
decision is issued.
4. Removal of the notice board prior to the end of the notice period shall be cause for
discontinuance of the department review until the notice board is replaced and remains in place
for the specified time period.
G. Public Comment on the Notice of Application. All public comments in response to the
notice of application must be received by the city's development services department by 4:30
p.m. on the last day of the comment period. Comments in response to the notice of application
received after the comment period has expired will not be accepted no matter when they were
mailed or postmarked. Comments shall be mailed or personally delivered. Comments should be
as specific as possible.
Section 6. Severability. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
Section 7. Effective Date. 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 an approved summary thereof consisting of the title.
11
ATTEST/AUTHENTICATED:
CI ERK, SCO PA Y
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFI~ TARADAY
FILED WITH THE CITY CLERK: April 29, 2016
PASSED BY THE CITY COUNCIL: May 3, 2016
PUBLISHED: May 8, 2016
EFFECTIVE DATE: May 13, 2016
ORDINANCE NO. 4026
12
SUMMARY OF ORDINANCE NO.4026
of the City of Edmonds, Washington
On the 3d day of May, 2016, the City Council of the City of Edmonds, passed Ordinance
No. 4026. A summary of the content of said ordinance, consisting of the title, provides as
follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE CRITICAL AREAS
REGULATIONS CONTAINED IN EDMONDS
COMMUNITY DEVELOPMENT CODE CHAPTERS
23.40 ENVIRONMENTALLY CRITICAL AREAS
GENERAL PROVISIONS, 23.50 WETLANDS, 23.60
CRITICAL AQUIFER RECHARGE AREAS, 23.70
FREQUENTLY FLOODED AREAS, 23.80
GEOLOGICALLY HAZARDOUS AREAS, AND 23.90
FISH AND WILDLIFE HABITAT CONSERVATION
AREAS, AMENDING ECDC SECTION 19.00.025, A
PROVISION OF THE BUILDING CODE RELATED TO
FREQUENTLY FLOODED AREAS, AMENDING ECDC
SECTION 21.40.030, TO ADD A NEW EXCEPTION TO
THE DEFINITION OF "HEIGHT" FOR USE IN
COASTAL HIGH HAZARD AREAS AND COASTAL
"A" FLOOD ZONES; AMENDING CERTAIN PERMIT
REVIEW PROCESSES RELATED TO CRITICAL
AREAS IN ECDC SECTIONS 20.01.003 AND 20.03.002.
The full text of this Ordinance will be mailed upon request.
DATED this 41h day of May, 2016.
CkjY,AtLERK, S OTT ASSEY
13
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Kathleen Landis being first duly sworn, upon
oath deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16, 1941, and that the annexed
is a true copy of EDH698328 ORDINANCE
SUMMARY as it was published in the regular
and entire issue of said paper and not as a
supplement form thereof for a period of 1
issue(s), such publication commencing on
05/08/2016 and ending on 05/08/2016 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount of the fee for such publication is
$77.40.
Subscribed and sworn before me on this
day of M j
Notary Public in and for the State of
Washington.
City ofEdmo.4 -LEGAL ADS 1 141014[6
SCOTT PASSEY
AUPREY KNAPP
Notary Pubic
Sate of Washington
MY Commission Expires
July 30, 2018
`T
9f fhB dy Ot dmpnd5, WSsh RNA
On the Br El day p} May, 2015, the Cily CuunCll p1 the CIIy 4f
Edmonds, passed tha 1o11owhng Ordinances, the summaries pf the
Content of gall ordinancss.consiating of Lilies is PrOV14od as
follows:
AN ❑RDINANG OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING ORDINANCE NO.4019 AS A
RESULT OF UNANTICIPATED TRANSFERS AND
EXPENDITURES OF VARIOUS FUNDS, AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE
AN ORDINANCE R M IN RE tDENCE KNOWN AS
THE DR. PALMER HOUSE LOCATED AT 820 MAPLE
STREET, EDMONDS, WASHINGTON FROM THE
EDMONDS REGISTER OF HISTORIC PLACES, AND
01RECTtNG THE DEVELOPMENT SERVICES DIRECTOR
OR HIS DESIGNEE TO REMOVE THE'HAI 0ESIGIN ATTON
FOR SITE FROM THE OFFICIAL ZONING MAP WITH, AND
FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
AN ORDINANC OF TH ITY OF EDMONDS.
WASHINGTON. AMENDING THE CRITICAL AREAS
REGULATIONS CONTAINED IN EDMONDS COMMUNITY
DEVELOPMENT CODE CHAPTERS 23.40
ENVIRONMENTALLY
9.q�sn WETLIAAL AREAS GENERAL
NDS. 23.50 CRITICAL
AQUIFER RECHARGE AREAS, 23.70 FHtUUt NI Lr
FLOODED AREAS, 23.90 GECLOGICALLY HAZARDOUS
AREAS AND 23.90 FISH AND WILDLIFE HABITAT
CONSEhVATION AREAS, AMENDING ECDC SECTION
19,00.025, A PROVISION OF THE BUILDING CODE
RELATED TO FREQUENTLY FLOODED AREAS,
AMENDING ECDC SECTION 21.40.030, TO ADD A NEW
EXCEPTION TO THE DEFINITION OF'HEtGHT' FOR USE
L OOD ZONES; MENDING CERTAIN P RMIT RCOASTAL HIOH HAZRD AREAS ANDTEVIEW
PROCESSES RELATED TO CRITICAL AREAS IN ECDC
SECTIONS 20.01.003 AND 20,03.002.
The full WI of this Ordinance will be mailed upon request.
DATED this 41h day of May, 2016.
CITY CLERK, SCOTT PASSEY
�� �uolishad: May S, 2016. EDH69B328
Attachment A
City of Edmonds — City Code and Community Development Code
Environmentally Critical Areas — May 3, 2016
EDMONDS CITY CODE AND COMMUNITY DEVELOPMENT CODE
Chapter 23.40
ENVIRONMENTALLY CRITICAL AREAS GENERAL PROVISIONS
Sections:
Part I. Purpose and General Provisions
23.40.000 Purpose.
23.40.3-N05 Definitions pertaining to critical areas.
23.40.010 Authority.
23.40.020 Relationship to other regulations.
23.40.030 Severability.
23.40.040 Jurisdiction — Critical areas.
23.40.050 Protection of critical areas.
23.40.055 City Council Reports
Part I1. Critical Areas Review Process
23.40.060 General requirements.
23.40.070 Critical areas preapplication consultation.
23.40.080 Notice of initial determination.
23.40.090 Critical areas report — Requirements.
23.40.100 Critical areas report— Modifications to requirements.
23.40.110 Mitigation requirements.
23.40.120 Mitigation sequencing.
23.40.130 Mitigation plan requirements.
23.40.140 Innovative mitigation.
Page 1 of 101
Attachment A
City of Edmonds — City Code and Community Development Code
Environmentally Critical Areas — May 3, 2016
23.40.150 Critical areas decision.
23.40.160 Review criteria.
23.40.170 Favorable critical areas decision.
23.40.180 Unfavorable critical areas decision.
23.40.190 Completion of the critical areas review.
23.40.195 Contingent review procedure for certain types of development
23.40.200 Appeals.
23.40.210 Variances.
23.40.215 Critical Area Restoration Projects
Part III. Allowed Activities, Exemptions and Noncompliance Penalties
23.40.220 Allowed activities.
23.40.230 Exemptions.
23.40.240 Unauthorized critical areas alterations and enforcement.
Part IV. General Critical Areas Protective Measures
23.40.250 Critical areas markers and signs.
23.40.270 Critical areas tracts.
23.40.280 Building setbacks.
23.40.290 Bonds to ensure mitigation, maintenance, and monitoring.
23.40.300 Critical areas inspections.
Part V. Incorporation of Best Available Science
23.40.310 Best available science.
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Environmentally Critical Areas — May 3, 2016
Part 1. Purpose and General Provisions
23.40.000 Purpose.
A. The purpose of this title is to designate and classify ecologically sensitive and hazardous areas and to
protect these areas and their functions and values, while also allowing for reasonable use of private
property.
B. This title is to implement the goals, policies, guidelines, and requirements of the comprehensive plan
and the Washington State Growth Management Act.
C. The city of Edmonds finds that critical areas provide a variety of valuable and beneficial biological
and physical functions that benefit Edmonds and its residents, and/or may pose a threat to human safety
or to public and private property. The beneficial functions and values provided by critical areas include,
but are not limited to, water quality protection and enhancement, fish and wildlife habitat, food chain
support, flood storage, conveyance and attenuation of flood waters, ground water recharge and
discharge, erosion control, wave attenuation, protection from hazards, historical, archaeological, and
aesthetic value protection, and recreation. These beneficial functions are not listed in order of priority.
D. Goals. By limiting development and alteration of critical areas, this title seeks to:
1. Protect members of the public and public resources and facilities from injury, loss of life, or property
damage due to landslides and steep slope failures, erosion, seismic events, or flooding;
2. Maintain healthy, functioning ecosystems through the protection of unique, fragile, and valuable
elements of the environment, including ground and surface waters, wetlands, and fish and wildlife and
their habitats, and to conserve the biodiversity of plant and animal species;
3. Direct activities not dependent on critical areas resources to less ecologically sensitive sites and
mitigate unavoidable impacts to critical areas by regulating alterations in and adjacent to critical areas;
and
4. Prevent cumulative adverse environmental impacts to water quality, wetlands, and fish and wildlife
habitat, and the overall net loss of wetlands, frequently flooded areas, and fish and wildlife habitat
conservation areas.
E. The regulations of this title are intended to protect critical areas in accordance with the Growth
Management Act and through the application of the best available science, as determined according to
WAC 365-195-900 through 365-195-925 and RCW 36.70A.172, and in consultation with state and
federal agencies and other qualified professionals.
F. This title is to be administered with flexibility and attention to site -specific characteristics. It is not the
intent of this title to make a parcel of property unusable by denying its owner reasonable economic use
of the property nor to prevent the provision of public facilities and services necessary to support existing
development.
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Environmentally Critical Areas — May 3, 2016
G. The city of Edmonds' enactment or enforcement of this title shall not be construed to benefit any
individual person or group of persons other than the general public. [Ord. 3527 § 2, 2004].
23.40.320005 Definitions pertaining to critical areas.0 sHRRE
For the purposes of this chanter and the chapters on the five specific critical area types (Chanters 23.50.
23.60, 23.70, 23.80 and 23.90 ECDC) the following definitions shall apply:
"Adjacent" means those aFeas activities located on -site immediately adjoining a critical area; or distance
equal to or less than two hundred and twenty five (225) Meet of a development proposal or subject
arcel. ,,,,a 4hese areas l,,eatea within 800 feet f a a,,,.,,,.. en4ea bald e
"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 purnoses; or any other human activity that changes
the existing landforms, vegetation, hydrology, wildlife or wildlife habitat value of critical areas.
"Best Available Science." See ECDC 23.40.310
"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.
"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 immediately next to
and part of a stream or wetland that is an integral part of the stream or wetland ecosystem.
"Chapter" means those sections of this title sharing the same third and fourth digits.
"City" means the city of Edmonds.
"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.. 1979,1
"Clearing" means the act of cutting and/or removing vegetation. This definition shall include grubbing
vegetation and the use or application of herbicide.
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Environmentally Critical Areas — May 3, 2016
"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 and detailed plans including functional value assessments, detailed landscaping
designs, construction drawings, and monitoring and contingency plans.
"Compensatory mitigation" means replacing project -induced losses or impacts to a critical areaand
includes. but is not limited to, the following:
•rvmyes!!'�e�:earrszs!sers!asrrss�e!�: ��e!*s��e!tir�s.
21. "Creation" means actions performed to intentionally establish a wetland at a site where it did not
formerly exist.
2. "Re-establishment" means actions performed to restore processes and functions to an area that was
formerly a critical area, where the former critical area was lost by past alterations and activities.
3. "Rehabilitation" means improving or repairing processes and functions to an area that is an existing
critical area that is highly degraded because one or more environmental processes supporting the critical
area have been disrupted.
-34. "Enhancement' means actions performed to improve the condition of existing degraded wetlands so
that the functions they provide are of a higher quality.
45. "Preservation" means actions taken to ensure the permanent protection of existing high -quality
wetlands.
"City Council" or "Council." See ECDC 21.15.030.
"Creation" means a compensation project performed to intentionally establish a wetland or stream at a
site where one did not formerly exist.
"Critical areas" for the city of Edmonds means wetlands, critical aquifer recharge areas, frequently
flooded areas, geologically hazardous areas, and fish and wildlife habitat conservation areas as defined
in Chapters 23.50, 23.60, 23.70, 23.80 and 23.90 ECDC, respectively.
"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 required permit or approval not expressly exempted by this title.
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Environmentally Critical Areas — May 3, 2016
"Director" means the city of Edmonds development services director or his/her designee.
"Division" means the planning division of the city of Edmonds development services department.
"Enhancement" means an action taken to improve the condition and function of a critical area. In the
case of wetland or stream, the term includes a compensation aroject performed to improve the
conditions of an existing degraded wetland or stream to increase its functional value.
"Erosion" means the process in which soil particles are mobilized and transported by natural agents such
as wind, rain, frost action, or stream flow.
Erosion Hazard Areas. See ECDC 23.80.020(Al.
Fish and Wildlife Habitat Conservation Areas. See Chapter 23.90 ECDC.
"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.
"Footprint of Existing Development" or "Footprint of Development' means the area of a asite that
contains legally established: buildings; roads, driveways, parking lots, storage areas, walkways or other
areas paved with concrete, asphalt or compacted gravel; outdoor swimming pools; patios.
"Frequently Flooded Areas." See Chapter 23.70 ECDC.
"Functions" means the roles served by critical areas including, but not limited to: water a_uality
protection and enhancement; fish and wildlife habitat; food chain support; flood storage, conveyance
and attenuation: ground water recharge and discharge: erosion control; wave attenuation; aesthetic value
protection; and recreation. These roles are not listed in order of priority.
"Geologically Hazardous Areas." See Chapter 23.80 ECDC.
"Geologist" means a person licensed as a geologist, engineering geologist, or hydrologist in the state of
Washington
five vear-s f oxrer-ie ee as a ,.time e l eist o fvear-s f exBe -ien e and 4 least two , f
woFk in rued ,. leev and landslide evaluation ; e seasseei-antine-n- wi-th alifiea pfaetjOft
eeelQ� is and *o,.hnie,,' l ivi � For geologically hazardous areas, an applicant may choose
.scsurnr ev cccnrrrcccrr�zvrrcn iccrs.
a geologist or engineering_geologist licensed in the State of Washington to assess the potential hazard.
"Geotechnical engineer" means a practicing geotechnical/civil engineer licensed as a professional civil
engineer in the state of Washington who has at least fewfive years of professional employment as a
geotechnical engineer in responsible charge including experience with landslide evaluation.
"Grading" means any one or a combination of excavating, filling, or disturbance of that portion of the
soil profile which contains decaying organic matter.
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Environmentally Critical Areas — May 3, 2016
"Habitats of local importance" means areas that 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 alterations such as cliffs, talus, and
wetlands. In urban areas like the city of Edmonds, habitats of local importance include biodiversjty
areas and corriodrs, which as characterized by a framework of ecological components which provides
the physical conditions necessary for ecosystems and species populations to survive in a human -
dominated landscape. inelude a seasonal gane� or- habitat element with w-hieh a given speeies has —a
0 0 ,-,�, the !one toThose meM ; areas f'L,;.'1, elude orelative dens;t„ o 00 ..hness
1
oo. ine These habitat. .,neemovement .�,-idr-s Th,�, M 4, ; elude habitats that ., �winter- and . eeas s 0 of
afi tsbeds. icon ECDC 23 nn n n vn> >
miimzcrcr. @ f�rai$`� cvs%ki�i �c cczc�cz���
"In lieu fee program" means a program which sells compensatory mitigation credits to permittees whose
obligation to provide compensatory mitigation is then transferred to the in lieu pro_r�ponsor, a
governmental or non-profit natural resource management entity
"Landslide Hazard Areas." See ECDC 23.80.020(HU
"Mitigation" means the use of any or all of the following actions, which are listed in descending order of
preference:
1. Avoiding the impact altogether by not taking a certain action or parts of an action:
2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by
using appropriate technology or by taking affirmative steps such as project redesign, relocation, or
timing to avoid or reduce impacts•
3. Rectifying the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, and habitat
conservation areas by repairing, rehabilitating, or restoring the affected environment to the historical
conditions or the conditions existing at the time of the initiation of the project;
4. Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineered or
other methods:
5. Reducing or eliminating the impact or hazard over time by preservation and maintenance operations
during the life of the action•
6. Compensating for the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, and
habitat conservation areas by replacing, enhancing, or providing substitute resources or environments;
and
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7. Monitoring the hazard or other required mitigation and taking remedial action when necessarv.
"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.
"Normal maintenance of vegetation" means removal of shrubs/non-woody vegetation and trees (less
than 4-inch diameter at breast height) that occurs at least ever., o�year. Maintenance also may
include tree topping that has been previousl approved by the City in the past 5 years.
"Noxious weeds" means any plant •.,,iie w he es*ablished. that is highly destructive, competitive or
difficult to control by cultural or chemical practices, limited to those plants on the state noxious week
list contained as f„ ffief- listed- in Chapter 16-750 WAC.
"Planning staff' means those employed in the planning division of the city of Edmonds development
services department.
"Qualified critical areas consultant" or "qualified professional" means a person who has the
qualifications specified below to conduct critical areas studies pursuant to this title, and to make
recommendations for critical areas miti ation. For geologically hazardous areasFer- areas
,.eeleeie inst bilit, the qualified critical areas consultant shall be a geologist or geeteehnieal
engineeringgeologist licensed in the State of Washington to assess the potential hazard. If development
is to take place within a geologically hazardous area, the qualified critical areas consultant developing
mitigation plans and design shall be a Professional Engineer licensed in the State of Washington and
familiar with landslide and slope stabilitmitigation. 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 t-wefive years' field experience with wetlands and/or streams in the Pacific Northwest.
Requirements defining a qualified critical areas consultant or qualified professional are contained within
the chapter on each critical area type.
"Reasonable economic use(s)" means the minimum use to which a property owner is entitled under
applicable state and federal constitutional provisions in order to avoid a taking and/or violation of
substantive due process.
"Redeveloped land(s)" means those lands on which existing structures are demolished in their entirety to
allow for new development. The director shall maintain discretion to determine if the demolition of a
majority of existing structures or portions thereof constitute the re -development of a property or subject
a
"Restoration" means the actions necessary to return a stream, wetland or other critical area to a state in
which its stability, functions and values approach its unaltered state as closely as possible. For wetlands,
restoration as compensatory mitigation may include re-establishment or rehabilitation.
"Seismic Hazard Areas." FSee ECDC 23.80.020(Cl. 4
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"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 ECDC
23.90.010(A)(4).)
"Storm Water Management Manual" means the Stet,.... Water- M.,,,.,,.o,. wnt Manual for the PURet c, URA
Basin bN� the Washingen State Department of Eeplegy (as stormwater manualspecified in in
Chapter 18.30 ECDC�
"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 S. F, Np and Ns and fishbearing or
nonfishbearing 1, 2 and 3. (See ECDC 23.90.010(Al(11.1
"Title" means all chapters of the city of Edmonds Development Code beginning with the digits 23.
"Undeveloped land(s)" means land(s) on which manmade structures or land modifications (clearing,
grading, etc.) do not exist. The director retains discretion to identify undeveloped land(s) in those
instances where historical modifications and structures may have existed on a property or subject parcel
in the past.
"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
ground water aquifers; and moderating surface water and storm water flows.
"Wetland mitigation bank" means a site where wetlands are restored, created, enhanced, or in
exceptional circumstances, preserved expressly for the purpose of providing compensatory mitigation in
advance of authorized impacts to similar resources.
"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 do not include those artificial
wetlands intentionally created from nonwetland sites, including, but not limited to. irrigation and
drainage ditches, grass -lined swales, canals, detention facilities, wastewater treatment facilitiesfarm
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 nonwetland 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, 3 and 4. (See ECDC 23.50.010(B).) [Ord. 3952 & 1, 2013; Ord. 3931 & 2, 2013: Ord.
3527 & 2, 20041.
23.40.010 Authority.
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Environmentally Critical Areas — May 3, 2016
A. As provided herein, the Edmonds development services director or his/her designee (hereafter
referred to as "the director") is given the authority to interpret and apply, and the responsibility to
enforce, this title to accomplish the stated purpose.
B. The director may withhold, condition, or deny development permits or activity approvals to ensure
that the proposed action is consistent with this title. [Ord. 3527 § 2, 2004].
23.40.020 Relationship to other regulations.
A. These critical areas regulations shall apply as an overlay and in addition to zoning, site development,
stormwater management, _ building and other regulations adopted by the city of Edmonds.
B. Any individual critical area adjoined or overlain by another type of critical area shall have the buffer
and meet the requirements that provide the most protection to the critical areas involved. When any
provision of this title or any existing land use regulation conflicts with this title, that which provides
more protection to the critical area shall apply.
C. These critical areas regulations shall be coordinated with review conducted under the State
Environmental Policy Act (SEPA), as necessary and locally adopted.
D. Compliance with the provisions of this title does not constitute compliance with other federal, state,
and local regulations and permit requirements that may be required (for example, shoreline substantial
development permits, Hydraulic Permit Act (HPA) permits, Section 106 of the National Historic
Preservation Act, U.S. Army Corps of Engineers Section 404 permits, and National Pollution Discharge
Elimination System permits). The applicant is responsible for complying with these requirements, apart
from the process established in this title. [Ord. 3527 § 2, 2004].
23.40.030 Severability.
If any clause, sentence, paragraph, section, or part of this title or the application thereof to any person or
circumstances shall be judged by any court of competent jurisdiction to be invalid, such order or
judgment shall be confined in its operation to the controversy in which it was rendered. The decision
shall not affect or invalidate the remainder of any part thereof and to this end the provisions of each
clause, sentence, paragraph, section, or part of this law are hereby declared to be severable. [Ord. 3527
§ 2, 2004].
23.40.040 Jurisdiction — Critical areas.
A. The director shall regulate all uses, activities, and developments within, adjacent to, or likely to affect
one or more critical areas, consistent with the best available science and the provisions herein.
B. Critical areas regulated by this title include:
1. Wetlands as designated in Chapter 23.50 ECDC, Wetlands;
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2. Critical aquifer recharge areas as designated in Chapter 23.60 ECDC, Critical Aquifer Recharge
Areas;
3. Frequently flooded areas as designated in Chapter 23.70 ECDC, Frequently Flooded Areas;
4. Geologically hazardous areas as designated in Chapter 23.80 ECDC, Geologically Hazardous Areas;
and
5. Fish and wildlife habitat conservation areas as designated in Chapter 23.90 ECDC, Fish and Wildlife
Habitat Conservation Areas.
C. All areas within the city of Edmonds meeting the definition of one or more critical areas, regardless
of any formal identification, are hereby designated critical areas and are subject to the provisions of this
title.
D. Areas Adjacent to Critical Areas Subject to Regulation. Areas adjacent to critical areas shall be
considered to be within the jurisdiction of these requirements and regulations to support the intent of this
title and ensure protection of the functions and values of critical areas. "Adjaeent" shall me any
aefivity leeated-
23.40.050 Protection of critical areas.13 S"RRE
Any action taken pursuant to this title shall result in equivalent or greater functions and values of the
critical areas associated with the proposed action, as determined by the best available science. All
actions and developments shall be designed and constructed in accordance with ECDC 23.40.120,
Mitigation sequencing, to avoid, minimize, and restore all adverse impacts. Applicants must first
demonstrate an inability to avoid or reduce impacts before the use of actions to mitigate potential
impacts will be allowed. No activity or use shall be allowed that results in a net loss of the functions or
values of critical areas. [Ord. 3527 § 2, 2004].
23.40.055 City Council Reports
The Director will provide a report to the City Council during the 1st and 3rd quarter each year,
summarizing critical area decisions that have been made since the previous report. The report will
include information such as, the number and type of critical area decisions that have been made,
including information on buffers and enhancements approved for each applicable decision, a description
of each approved restoration project, and other information specifically requested by the Council
following the previous report.
Part II. Critical Areas Review Process
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23.40.060 General requirements. SHARE
A. As part of this review, the director shall:
1. Verify the information submitted by the applicant;
2. Evaluate the project area and vicinity for critical areas;
3. Determine whether the proposed project is likely to impact the functions or values of critical areas;
and
4. Determine if the proposed project adequately assesses all impacts, avoids impacts, and/or mitigates
impacts to the critical area associated with the project.
B. If the proposed project is within, adjacent to, or is likely to impact a critical area, the director shall:
1. Require a critical areas report from the applicant that has been prepared by a qualified professional;
2. Review and evaluate the critical areas report;
3. Determine whether the development proposal conforms to the purposes and performance standards of
this title, including the criteria in ECDC 23.40.160, Review criteria;
4. Assess the potential impacts to the critical area and determine if they can be avoided or minimized;
and
5. Determine if any mitigation proposed by the applicant is sufficient to protect the functions and values
of the critical area and public health, safety, and welfare concerns consistent with the goals, purposes,
objectives, and requirements of this title. [Ord. 3527 § 2, 2004].
23.40.070 Critical areas preapplication consultation. SHARE
Any person preparing to submit an application for development or use of land that may be regulated by
the provisions of this title may request a preapplication meeting with the director prior to submitting an
application for development or other approval. At this meeting, the director shall discuss the
requirements of this title; provide critical areas maps, scientific information, and other source materials;
outline the review process; and work with the activity proponent to identify any potential concerns that
might arise during the review process, in addition to discussing other permit procedures and
requirements. All applicants, regardless of participation in a preapplication meeting, are held fully
responsible for knowledge and disclosure of critical areas on, adjacent to, or associated with a subject
parcel and full compliance with the specific provisions and goals, purposes, objectives, and requirements
of this title. [Ord. 3527 § 2, 2004].
23.40.080 Notice of initial determination.0 SHARE
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A. If the director determines that no critical areas report is necessary, the director shall state this in the
notice of application issued for the proposal.
B. If the director determines that there are critical areas on the site that the proposed project is unlikely
to impact and the project meets the requirements for and has been granted a waiver from the requirement
to complete a critical areas report, this shall be stated in the notice of application for the proposal. A
waiver may be granted if the director determines that all of the following requirements will be met:
1. There will be no alteration of the critical area or buffer;
2. The development proposal will not affect the critical area in a manner contrary to the purpose, intent,
and requirements of this Title.
C. If the director determines that critical areas may be affected by the proposal and a critical areas report
is required, public notice of the application shall include a description of the critical area that might be
affected and state that a critical areas report(s) is required.
D. Critical areas determinations shall be considered valid for five years from the date in which the
determination was made; after such date the city shall require a new determination, or at minimum
documentation of a new assessment verifying the accuracy of the previous determination [Ord. 3527
§ 2, 2004].
23.40.090 Critical areas report — Requirements. o s"pRE
A. Preparation by Qualified Professional. The applicant shall submit a critical areas report prepared by a
qualified professional as defined herein. For wetlands, frequently flooded areas and fish and wildlife
habitat conservation areas, an applicant may choose one of the qualified technical consultants on the
city's approved list to prepare critical areas reports per the requirements of this title or may apply to
utilize an alternative consultant. Critical areas studies and reports developed by an alternative consultant
shaU-nLaLbe subject to independent review pursuant to subsection B of this section.
the serviees of a qualified teehnieal eeasulta-PA f�om the eity's approved list shall enter- into a thfoe PR#Y
contract between the applicant, the eensultant and the eity. All costs associated with the critical areas
study shall be borne by the applicant.
B. Independent Review of Critical Areas Reports. Critical areas studies and reports on geologically
hazardous areas and those developed by an applicant representative or consultant not as part of a three -
party contract may, at the discretion of the director, be subject to independent review. This independent
review shall be performed by a qualified technical consultant selected by the city with all costs borne by
the applicant. 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. The director may
also have technical assistance provided by appropriate resource agency staff if such assistance is
available in a timely manner.
C. Best Available Science. The critical areas report shall use scientifically valid methods and studies in
the analysis of critical areas data and field reconnaissance and reference the source of science used. The
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critical areas report shall evaluate the proposal and all probable impacts to critical areas in accordance
with the provisions of this title.
D. Minimum Report Contents. At a minimum, the report shall contain the following:
1. The name and contact information of the applicant, a description of the proposal, and identification of
the permit requested;
2. A copy of the site plan for the development proposal including:
a. A map to scale depicting critical areas, buffers, the development proposal, and any areas to be cleared;
and
b. A description of the proposed storm water management plan for the development and consideration of
impacts to drainage alterations;
c. The site plan shall identify the location of all native and non-native vegetation of 6 inches dbh or
larger.
3. The dates, names, and qualifications of the persons preparing the report and documentation of any
fieldwork performed on the site;
4. Identification and characterization of all critical areas, wetlands, water bodies, shorelines, and buffers
adjacent to the proposed project area;
5. A description of reasonable efforts made to apply mitigation sequencing pursuant to ECDC
23.40.120, Mitigation sequencing, to avoid, minimize, and mitigate impacts to critical areas; and
6. Report requirements specific to each critical area type as indicated in the corresponding chapters of
this title.
7. A statement specifying the accuracy of the report and all assumptions made and relied upon;
8. A description of the methodologies used to conduct the critical areas study, including references; and
9. Plans for adequate mitigation, as needed to offset any critical areas impacts, in accordance with the
Mitigation Plan Requirements in Section 23.40.130.
E. Unless otherwise provided, a critical areas report may incorporate, be supplemented by or composed,
in whole or in part, of any reports or studies required by other laws and regulations or previously
prepared for and applicable to the development proposal site, as approved by the director. At the
discretion of the director, reports previously compiled or submitted as part of a proposal for
development may be used as a critical areas report to the extent that the requirements of this section and
the report requirements for each specific critical area type are met.
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F. Critical areas reports shall be considered valid for five years; after such date the city shall determine
whether a revision or additional assessment is necessary.[Ord. 3527 § 2, 2004].
23.40.100 Critical areas report — Modifications to requirements.0 SHARE
A. Limitations to Study Area. The director may limit the required geographic area of the critical areas
report as appropriate if.
1. The applicant, with assistance from the city of Edmonds, cannot obtain permission to access
properties adjacent to the project area; or
2. The proposed activity will affect only a limited part of the subject site.
B. Modifications to Required Contents. The applicant may consult with the director prior to or during
preparation of the critical areas report to obtain approval of modifications to the required contents of the
report where, in the judgment of a qualified professional, more or less information is required to
adequately address the potential critical area impacts and required mitigation.
C. Additional Information Requirements. The director may require additional information to be included
in the critical areas report when determined to be necessary to the review of the proposed activity in
accordance with this title. Additional information that may be required includes, but is not limited to:
1. Historical data, including original and subsequent mapping, aerial photographs, data compilations and
summaries, and available reports and records relating to the site or past operations at the site;
2. Grading and drainage plans; and
3. Information specific to the type, location, and nature of the critical area. [Ord. 3527 § 2, 2004].
23.40.110 Mitigation requirements.13 SHARE
A. The applicant shall avoid all impacts that degrade the functions and values of critical areas. Unless
otherwise provided in this title, if alteration to the critical area is unavoidable, all adverse impacts to or
from critical areas and buffers resulting from a development proposal or alteration shall be mitigated
using the best available science in accordance with an approved critical areas report and SEPA
documents, so as to result in no net loss of critical area functions and values.
B._ Mitigation shall be in kind and on site, when possible, asufficient to maintain or compensate for
the functions and values of the impacted critical area and to prevent risk from a hazard posed by a
critical area.
C. Mitigation shall not be implemented until after the director has provided approval of a critical areas
report that includes a mitigation plan. Mitigation shall be implemented in accordance with the provisions
of the approved critical areas report. [Ord. 3527 § 2, 2004].
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23.40.120 Mitigation sequencing. SHARE
A. Applicants shall demonstrate that all reasonable efforts have been examined with the intent to avoid
and minimize impacts to critical areas.
B. When an alteration to a critical area is proposed, such alteration shall be avoided, minimized, or
compensated for in the following sequential order of preference:
1. Avoiding the impact altogether by not taking a certain action or parts of an action;
2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by
using appropriate technology or by taking affirmative steps, such as project redesign, relocation, or
timing, to avoid or reduce impacts;
3. Rectifying the impact to wetlands, frequently flooded areas, and fish and wildlife habitat conservation
areas by repairing, rehabilitating, or restoring the affected environment to the historical conditions or the
conditions existing at the time of the initiation of the project;
4. Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineering
or other methods;
5. Reducing or eliminating the impact or hazard over time by preservation and maintenance operations
during the life of the action;
6. Compensating for the impact to wetlands, frequently flooded areas, and fish and wildlife habitat
conservation areas by replacing, enhancing, or providing substitute resources or environments; and/or
7. Monitoring the hazard or other required mitigation and taking remedial action when necessary.
C. Mitigation for individual actions may include a combination of the above measures. [Ord. 3527 § 2,
2004] .
23.40.130 Mitigation plan requirements.0 SHARE
When mitigation is required, the applicant shall submit for approval by the director a mitigation plan as
part of the critical areas report. The mitigation plan shall include:
A. Environmental Goals and Objectives. The mitigation plan shall include a written report identifying
environmental goals and objectives of the compensation proposed and including:
1. A description of the anticipated impacts to the critical areas and the mitigating actions proposed and
the purposes of the compensation measures, including the site selection criteria; identification of
compensation goals; identification of resource functions; and dates for beginning and completion of site
compensation construction activities. The goals and objectives shall be related to the functions and
values of the impacted critical area;
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2. A review of the best available science supporting the proposed mitigation;
3. An analysis of the likelihood of success of the compensation project; and
4. Specific mitigation plan and report requirements for each critical area type as indicated in this title.
B. Performance Standards. The mitigation plan shall include measurable specific criteria for evaluating
whether or not the goals and objectives of the mitigation project have been successfully attained and
whether or not the requirements of this title have been met.
C. Detailed Construction Plans. The mitigation plan shall include written specifications and descriptions
of the mitigation proposed, such as:
1. The proposed construction sequence, timing, and duration;
2. Areas of proposed impacts on critical areas or buffers;
3. Grading and excavation details;
-34. Erosion and sediment control features;
45. A planting plan specifying plant species, quantities, locations, size, spacing, and density; and
56. Measures to protect and maintain plants until established.
These written specifications shall be accompanied by detailed site diagrams, scaled cross -sectional
drawings, topographic maps showing slope percentage and final grade elevations, and any other
drawings appropriate to show construction techniques or anticipated final outcome.
D. Monitoring Program. The mitigation plan shall include a program for monitoring construction and for
assessing a completed project. A protocol shall be included outlining the schedule for site monitoring
(for example, monitoring shall occur in years one, three, and five after site construction), and how the
monitoring data will be evaluated to determine if the performance standards are being met. A monitoring
report shall be submitted as needed to document milestones, successes, problems, and contingency
actions of the compensation project. The compensation project shall be monitored for a period necessary
to establish that performance standards have been met, but not for a period less than twee -five 5 years
without approval from the director.
E. Contingency Plan. The mitigation plan shall include identification of potential courses of action and
any corrective measures to be taken if monitoring or evaluation indicates project performance standards
are not being met.
F. Financial Guarantees. The mitigation plan shall include financial guarantees, as necessary, to ensure
that the mitigation plan is fully implemented. Financial guarantees ensuring fulfillment of the
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compensation project, monitoring program, and any contingency measures shall be posted in accordance
with ECDC 23.40.290, Bonds to ensure mitigation, maintenance, and monitoring. [Ord. 3527 § 2, 2004].
23.40.140 Innovative mitigation.0 SHARE
A. The city of Edmonds may encourage, facilitate, and approve innovative mitigation projects that are
based on the best available science. Advance mitigation, in lieu fee programs, or mitigation banking are
examples of alternative mitigation prejeets- pI aches allowed under the provisions of this section
if it is demonstrated that all of the following circumstances exist:
1. There are no reasonable opportunities on --site or within the same sub -drainage basin, or opportunities
on -site or within the sub -drainage basin do not have a high likelihood of success based on a
determination of the capacity of the site to compensate for the impacts. Considerations should include:
anticipated replacement ratios for wetland mitigation, buffer conditions and proposed widths, available
water to maintain anticipated hydro eg omorphic classes of wetlands when restored, proposed flood
storage capacity, and potential to mitigate fish and wildlife impacts (such as connectivitx2
3. The group demonst-Fa4es that long tefm management of the habitat area will be provided; and
4-2. The off -site mitigation has a greater likelihood of providing equal or improved critical areas
functions than the altered critical area, and there is a clear potential for success of the proposed
mitigation at the identified mitigation site.
3. Off -site locations shall be in the same basin and within the Citv unless:
a. Established watershed goals for water quality, flood storage or conveyance, habitat, or other wetland
functions have been established by the City and strongly justify location of mitigation at another site; or
b. Credits from an approved (State -certified) wetland mitigation bank are used as compensation, and the
use of credits is consistent with the terms of the approved bank instrument;
c. Fees are paid to an approved in -lieu fee program to compensate for the impacts.
B. Development proposals impacting critical areas and/or associated buffers may contribute payment
towards an identified City of Edmonds mitigation project with approval from the director, provided that
the mitigation - pproach meets all state and federal permit requirements, where required. Such miti - ag tion
actions shall be consistent with ECDC 23.40.140.A.1. and ECDC 23.40.140.A.2., and with all other
applicable provisions of ECDC Chapters 23.50 and 23.90.
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BC. Conducting mitigation as part of a cooperative process provides for retention or an increase in the
beneficial functions and values of critical areas within the Edmonds jurisdiction. [Ord. 3527 § 2, 2004].
23.40.150 Critical areas decision.0 SHARE
The city of Edmonds development services director shall make a decision as to whether the proposed
activity and mitigation, if any, is consistent with the provisions of this title. The decision shall be based
on the criteria of ECDC 23.40.160, Review criteria, and shall affect and be incorporated within the
larger project decision. [Ord. 3527 § 2, 2004].
23.40.160 Review criteria.V SHARE
A. Any alteration to a critical area, unless otherwise provided for in this title, shall be reviewed and
approved, approved with conditions, or denied based on the proposal's ability to comply with all of the
following criteria:
1. The proposal minimizes the impact on critical areas in accordance with ECDC 23.40.120, Mitigation
sequencing;
2. The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the
development proposal site;
3. The proposal is consistent with the general purposes of this title and the public interest;
4. Any alterations permitted to the critical area are mitigated in accordance with ECDC 23.40.110,
Mitigation requirements;
5. The proposal protects the critical area functions and values consistent with the best available science
and results in no net loss of critical area functions and values; and
6. The proposal is consistent with other applicable regulations and standards.
B. The director may condition the proposed activity as necessary to mitigate impacts to critical areas and
to conform to the standards required by this title. Except as provided for by this title, any project that
cannot adequately mitigate its impacts to critical areas in the sequencing order of preferences in ECDC
23.40.120 shall be denied. [Ord. 3527 § 2, 2004].
23.40.170 Favorable critical areas decision.0 SHARE
If the director determines that the proposed activity meets or is exempt from the criteria in ECDC
23.40.160, Review criteria, and complies with the applicable provisions of this title, the development
services director shall prepare a written notice of decision for the applicant and identify any required
conditions of approval as part of the larger project decision. The notice of decision and conditions of
approval shall be included in the project file and be considered in the next phase of the city's review of
the proposed activity in accordance with any other applicable codes or regulations.
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Any conditions of approval included in a notice of decision shall be attached to the underlying permit or
approval. Any subsequent changes to the conditions of approval shall void the previous decision
pending re -review of the proposal and conditions of approval previously set by the director.
A favorable decision should not be construed as endorsement or approval of any underlying permit or
approval. [Ord. 3527 § 2, 2004].
23.40.180 Unfavorable critical areas decision.0 SHARE
If the director determines that a proposed activity is not exempt or does not adequately mitigate its
impacts on critical areas and/or does not comply with the criteria in ECDC 23.40.160, Review criteria,
and the provisions of this title, the director shall prepare a written decision for the applicant that includes
findings of noncompliance.
No proposed activity or permit shall be approved or issued if it is determined that the proposed activity
does not adequately mitigate its impacts on the critical areas and/or does not comply with the provisions
of this title.
Following notice of decision that the proposed activity does not meet the review criteria and/or does not
comply with the applicable provisions of this title, the applicant may request consideration of a revised
critical area report. If the revision is found to be substantial and relevant to the critical area review, the
director may reopen the critical area review and make a new decision based on the revised report. [Ord.
3527 § 2, 2004].
23.40.190 Completion of the critical areas review.0 SHARE
The director's decision regarding critical areas pursuant to this title shall be final concurrent with the
final project decision to approve, condition, or deny the development proposal or other activity involved.
[Ord. 3527 § 2, 2004].
23.40.195 Contingent review procedure for certain types of development.
A. Scope. The procedures set forth in this section shall apply to the following types of critical area
restoration projects as allowed by ECDC 23.40.215:
1. Restoration projects involving anadromous fish streams
2. Restoration projects involving Category I or Category II wetlands
3. Restoration projects involving Category I or Category II estuarine wetlands
B. Notice of application. Development activity within the scope of subsection A, above, shall be
processed as a Type II application, unless the process is altered according to subsection D, below. In
addition to the notice provided pursuant to Title 20, notice of application for all such development shall
also be sent to the city council by email.
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C. Contingent review process. Development activity within the scope of subsection A, above, shall be
escalated to a Type III -A process when:
1. The city receives a request from any person for a public hearing within 14 days of the date of the
notice of application; and
2. The public hearing request is accompanied by a hearing fee in the amount of 50% of the difference
between the Type II and Type III -A application fee.
D. Effect of contingent review. When the contingent review process is triggered pursuant to subsection
C above, the project applicant shall pay the other 50% of the difference between the Type II and Type
III -A application fee, on top of the previously paid Type II application fee. The applicant shall pay this
fee within 30 days of notice from the city that the fee is due. If the applicant fails to pay the additional
fee within the required 30-dayperiod, the application for the project shall be deemed withdrawn. The
city shall not schedule the public hearing until the additional fee has been paid. For these public
hearings, the cost of the hearing examiner shall be borne by the city_
E. Notice of decision. Whether development activity within the scope of subsection A, above, is
processed as a Type II application or escalated to a Type III -A application, notice of decision shall be
sent by email to the city council in addition to any other notice that may be required by Title 20.
23.40.200 Appeals.) SHRRE
Any decision to approve, condition, or deny a development proposal or other activity based on the
requirements of this title may be appealed according to, and as part of, the appeal procedure, if any, for
the permit or approval involved. [Ord. 3736 § 71, 2009; Ord. 3527 § 2, 2004].
23.40.210 Variances.0 SHARE
A. Variances from the standards of this title may be authorized through the process of hearing examiner
review in accordance with the procedures set forth in Chapter 20.85 ECDC only if an applicant
demonstrates that one or more of the following two conditions exist:
1. The application of this title would prohibit a development proposal by a public agency or public
utility. A public agency and utility exception may be granted as a variance i£
a. There is no other practical alternative to the proposed development with less impact on the critical
areas;
b. The application of this title would unreasonably restrict the ability to provide utility services to the
public;
c. The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the
development proposal site;
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d. The proposal attempts to protect and mitigate impacts to the critical area functions and values
consistent with the best available science; and
e. The proposal is consistent with other applicable regulations and standards.
2. The application of this title would deny all reasonable economic use (see the definition of "reasonable
economic use(s)" in ECDC 23.40.320) of the subject property. A reasonable use exception may be
authorized as a variance only if an applicant demonstrates that:
a. The application of this title would deny all reasonable economic use of a property or subject parcel;
b. No other reasonable economic use of the property consistent with the underlying zoning and the city
comprehensive plan has less impact on the critical area;
c. The proposed impact to the critical area is the minimum necessary to allow for reasonable economic
use of the property;
d. The inability of the applicant to derive reasonable economic use of the property is not the result of
actions by the applicant after the effective date of the ordinance codified in this title or its predecessor;
e. The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the
development proposal site;
f. The proposal minimizes net loss of critical area functions and values consistent with the best available
science; and
g. The proposal is consistent with other applicable regulations and standards.
B. Specific Variance Criteria. A variance may be granted if the applicant demonstrates that the requested
action conforms to all of the following specific criteria:
1. Special conditions and circumstances exist that are peculiar to the land, the lot, or something inherent
in the land, and that are not applicable to other lands in the same district;
2. The special conditions and circumstances do not result from the actions of the applicant;
3. A literal interpretation of the provisions of this title would deprive the applicant of all reasonable
economic uses and privileges permitted to other properties in the vicinity and zone of the subject
property under the terms of this title, and the variance requested is the minimum necessary to provide
the applicant with such rights;
4. Granting the variance requested will not confer on the applicant any special privilege that is denied by
this title to other lands, structures, or buildings under similar circumstances;
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5. The granting of the variance is consistent with the general purpose and intent of this title, and will not
further degrade the functions or values of the associated critical areas or otherwise be materially
detrimental to the public welfare or injurious to the property or improvements in the vicinity of the
subject property; and
6. The decision to grant the variance is based upon the best available science and gives special
consideration to conservation or protection measures necessary to preserve or enhance anadromous fish
habitat.
C. Hearing Examiner Review. The city hearing examiner shall, as a Type III -A decision (see Chapter
20.01 ECDC), review variance applications and conduct a public hearing. The hearing examiner shall
approve, approve with conditions, or deny variance applications based on a proposal's ability to comply
with general and specific variance criteria provided in subsections (A) and (B) of this section.
D. Conditions May Be Required. The director retains the right to prescribe such conditions and
safeguards as are necessary to secure adequate protection of critical areas from adverse impacts, and to
ensure conformity with this title for variances granted through hearing examiner review.
E. Time Limit. The director shall prescribe a time limit within which the action for which the variance is
required shall be begun, completed, or both. Failure to begin or complete such action within the
established time limit shall void the variance, unless the applicant files an application for an extension of
time before the expiration. An application for an extension of time shall be reviewed by the director as a
Type II decision (see Chapter 20.01 ECDC).
F. Burden of Proof. The burden of proof shall be on the applicant to bring forth evidence in support of a
variance application and upon which any decision has to be made on the application. [Ord. 3783 § 15,
2010; Ord. 3775 § 15, 2010; Ord. 3736 §§ 72, 73, 2009; Ord. 3527 § 2, 2004].
23.40.215 Critical Area Restoration Proiects
A. When a critical area restoration project is proposed that is not required as mitigation for a
development proposal, the Director or Hearing Examiner (as applicable) may grant relief from standard
critical area buffer requirements if the restoration project involves:
1. The daylighting of a stream or tidal channel, or
2. Expansion of a wetland that would cause a landward expansion of the wetland buffer.
B. The restoration project proposal will include a proposed buffer width for the project that is developed
from an assessment byqualified Critical Area Consultant on the buffer width necessary to ensure that
the restoration project is successful and the ecological functions of the areas adjacent to the stream or
wetland will be enhanced.
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C. The Director or Hearing Examiner (as applicable) will consider the proposed buffer width along with
hydrologic, geologic, and other habitat data for the site to determine if the project warrants a buffer
width that deviates from the standard critical area buffer widths.
D. If the Director or Hearing Examiner (as applicable) determines that a reduced buffer width is
appropriate for the proposed restoration project, the Director may approve the reduced buffer width for
the proposed restoration site.
Part III. Allowed Activities, Exemptions and Noncompliance Penalties
23.40.220 Allowed activities.0 SHARE
A. Critical Area Report. Activities allowed under this title shall have been reviewed and permitted or
approved by the city of Edmonds or other agency with jurisdiction, but do not require submittal of a
critical area report, unless such submittal was required previously for the underlying permit. The director
may apply conditions to the underlying permit or approval to ensure that the allowed activity is
consistent with the provisions of this title to protect critical areas.
B. Required Use of Best Management Practices. All allowed activities shall be conducted using the best
management practices that result in the least amount of impact to the critical areas. Best management
practices shall be used for tree and vegetation protection, construction management, erosion and
sedimentation control, water quality protection, and regulation of chemical applications. The city may
observe or require independent inspection of the use of best management practices to ensure that the
activity does not result in degradation to the critical area. Any incidental damage to, or alteration of, a
critical area shall be restored, rehabilitated, or replaced at the responsible party's expense.
C. Allowed Activities. The following activities are allowed:
1. Permit Requests Subsequent to Previous Critical Areas Review. Development permits and approvals
that involve both discretionary land use approvals (such as subdivisions, rezones, or conditional use
permits) and construction approvals (such as building permits) if all of the following conditions have
been met:
a. The provisions of this title have been previously addressed as part of another approval;
b. There have been no material changes in the potential impact to the critical area or buffer since the
prior review;
c. The permit or approval has not expired or, if no expiration date, no more than five years have elapsed
since the issuance of that permit or approval;
d. There is no new information available that is applicable to any critical area review of the site or
particular critical area; and
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de. Compliance with any standards or conditions placed upon the prior permit or approval has been
achieved or secured_;
2. Modification to Structures Existing Outside of Critical Areas and/or Buffers. Structural modification
of, addition to, or replacement of a legally constructed structure existing outside of a critical area or its
buffer that does not further alter or increase the impact to the critical area or buffer and there is no
increased risk to life or property as a result of the proposed modification or replacement;
3. De:mitte Ater tie Modifications to Existing Structures Existing «'ithi within Critical Areas and/or
Buffers. Permitted alteratio Modification to a legally constructed structure existing within a critical area
or buffer shall be allowed when the a'modification: does not
a. Does not increase the footprint of the structuredevelopment; and
b. Does not increase the impact to the critical area or bufferi and
c. Does not increasethere ;s no increase risk to life or property as a result of the proposed modification
or replacement_ (
Aadditions to legally constructed structures existing within a critical area or buffer that do increase the
existing footprint of development shall be subject to and permitted in accordance with the development
standards of the associated critical area type (see ECDC 23.50.040 and 23.90.040)). This provision shall
be interpreted to supplement the provisions of the Edmonds Community Development Code relating to
nonconforming structures in order to permit the full reconstruction of a legal nonconforming building
within its footprint;
4. Development Proposals within Interrupted Stream or Wetland Buffers. Adiacent areas that may be
physically separated from a stream or wetland due to existing, legally established structures or paved
areas may be exempted from the prescribed buffer widths if proven scientifically to be functionally
isolated from the stream or wetland. The Director will require the applicant to provide a site assessment
and functional analysis documentation report by a qualified Critical Area Consultant that demonstrates
the interrupted buffer area is functionally isolated. The Director shall consider the hydrologic, geologic,
and/or biological habitat connection potential and the extent and permanence of the physical separation.
45. Activities VA14nwithiLi the Improved Right -of -Way. Replacement, modification, installation, or
construction of utility facilities, lines, pipes, mains, equipment, or appurtenances, when such facilities
are located within the improved portion of the public right-of-way or a city -authorized private roadway,
except those activities that alter a wetland or watercourse. such as culverts or bridges. or result in the
transport of sediment or increased stormwater.
-56. Minor Utility Projects. Utility projects that have minor or short -duration impacts to critical areas, as
determined by the director in accordance with the criteria below, and which do not significantly impact
the function or values of a critical area(s); provided, that such projects are constructed with best
management practices and additional restoration measures are provided. Minor activities shall not result
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in the transport of sediment or increased storm water. Such allowed minor utility projects shall meet the
following criteria:
a. There is no practical alternative to the proposed activity with less impact on critical areas;
b. The activity involves the placement of utility pole(s), street sign(s), anchor(s), or vault(s) or other
small component(s) of a utility facility; and
c. The activity involves disturbance of an area less than 75 square feet;
6. Public and Private Pedestrian Trails. New public and private pedestrian trails subject to the following:
a. The trail surface shall be limited to pervious surfaces and meet all other requirements, including water
quality standards set forth in the current editions of the International Residential Code and International
Building Code, as adopted in ECDC Title 19;
b. Critical area and/or buffer widths shall be increased, where possible, equal to the width of the trail
corridor, including disturbed areas; and
c. Trails proposed to be located in landslide or erosion hazard areas shall be constructed in a manner that
does not increase the risk of landslide or erosion and in accordance with an approved geotechnical
report; and
d. Trails located only in the outer twenty percent (25%) of critical areas buffers, and located to
avoid removal of significant trees. Where existing legally established development has reduced the
width of the critical areas buffer, trails may be placed in the outer twenty percent (25%,) of the
remaining critical area buffer. The trail shall be no more than five (5) feet in width and for pedestrian
use only. Raised boardwalks utilizing nontreated pilings may be acceptable.
Allowances for trails within the inner seventy-five percent (75%) of critical areas buffers are provided
within applicable sections of ECDC Chapters 23.50 — 23.90.
7. Select Vegetation Removal Activities. The following vegetation removal activities:
a. The removal of the following vegetation with hand labor and light -hand-held equipment when the area
of work is under one thousand five hundred (1,500) square feet in area as calculated cumulatively over
three (3) years:
i. Invasive and noxious weeds;
ii. English ivy (Hedera helix);
iii. Himalayan blackberry (Rubus discolor, R. procerus);
iv. Evergreen blackberry (Rubus laciniatus);
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v. Scot's broom (Cytisus scoparius); and
vi. Hedge and field bindweed (Convolvulus septum and C. arvensis);
Removal of these invasive and noxious plant species shall be restricted to hand removal unless permits
or approval from the appropriate regulatory agencies have been obtained for approved biological or
chemical treatments or other removal techniques. All removed plant material shall be taken away from
the site and appropriately disposed of. Plants that appear on the Washington State Noxious Weed
Control Board list of noxious weeds must be handled and disposed of according to a noxious weed
control plan appropriate to that species.
b. The removal of trees from critical areas and buffers that are hazardous, posing a threat to public
safety, or posing an imminent risk of damage to private property; provided, that:
i. The applicant submits a report from an ISA- or ASCA-certified arborist or registered landscape
architect that documents the hazard and provides a replanting schedule for the replacement trees;
ii. Tree cutting shall be limited to pruning and crown thinning, unless otherwise justified by a qualified
professional. Where pruning or crown thinning is not sufficient to address the hazard, trees should be
removed or converted to wildlife snags;
iii. All vegetation cut (tree stems, branches, etc.) shall be left within the critical area or buffer unless
removal is warranted due to the potential for disease or pest transmittal to other healthy vegetation or
unless removal is warranted to improve slope stability;
iv. The land owner shall replace any trees that are removed with new trees at a ratio of two replacement
trees for each tree removed (two t&- 2_1) within one year in accordance with an approved restoration
plan. Replacement trees may be planted at a different, nearby location if it can be determined that
planting in the same location would create a new hazard or potentially damage the critical area.
Replacement trees shall be species that are native and indigenous to the site and a minimum of one to
two inches in diameter at breast height (dbh) for deciduous trees and a minimum of six feet in height for
evergreen trees as measured from the top of the root ball;
v. If a tree to be removed provides critical habitat, such as an eagle perch, a qualified wildlife biologist
shall be consulted to determine timing and methods of removal that will minimize impacts; and
vi. Hazard trees determined to pose an imminent threat or danger to public health or safety, to public or
private property, or of serious environmental degradation may be removed or pruned by the land owner
prior to receiving written approval from the city; provided, that within 14 days following such action,
the land owner shall submit a restoration plan that demonstrates compliance with the provisions of this
title;
c. Measures to control a fire or halt the spread of disease or damaging insects consistent with the State
Forest Practices Act, Chapter 76.09 RCW; provided, that the removed vegetation shall be replaced in
kind or with similar native species within one year in accordance with an approved restoration plan;
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d. Chemical Applications. The application of herbicides, pesticides, organic or mineral -derived
fertilizers, or other hazardous substances, if necessary, as approved by the City, provided that their use
shall be restricted in accordance with state Department of Fish and Wildlife Management
Recommendations and the regulations of the state Department of Agriculture, the U.S. Environmental
Protection Agency, and Department of Ecology; and
de. Unless otherwise provided, or as a necessary part of an approved alteration, removal of any
vegetation or woody debris from a fish and wildlife habitat conservation area or wetland shall be
prohibited;
8. Minor Site Investigative Work. Work necessary for land use submittals, such as surveys, soil logs,
percolation tests, and other related activities, where such activities do not require construction of new
roads or significant amounts of excavation. In every case, impacts to the critical area shall be minimized
and disturbed areas shall be immediately restored; and
9. Navigational Aids and Boundary Markers. Construction or modification of navigational aids and
boundary markers. [Ord. 3527 § 2, 2004].
23.40.230 Exemptions.0 SHARE
A. Exemption Request and Review Process. The proponent of the activity may submit a written request
for exemption to the director that describes the activity and states the exemption listed in this section
that applies.
The director shall review the exemption request to verify that it complies with this title and approve or
deny the exemption. If the exemption is approved, it shall be placed on file with the city of Edmonds. If
the exemption is denied, the proponent may continue in the review process and shall be subject to the
requirements of this title.
B. Exempt Activities and Impacts to Critical Areas. All exempted activities shall use reasonable
methods to avoid potential impacts to critical areas. To be exempt from this title does not give
permission to degrade a critical area or ignore risk from natural hazards. Any incidental damage to, or
alteration of, a critical area that is not a necessary outcome of the exempted activity shall be restored,
rehabilitated, or replaced at the responsible party's expense.
C. Exempt Activities. The following developments, activities, and associated uses shall be exempt from
the provisions of this title; provided, that they are otherwise consistent with the provisions of other local,
state, and federal laws and requirements:
1. Emergencies. Those activities necessary to prevent an immediate threat to public health, safety, or
welfare, or that pose an immediate risk of damage to private property and that require remedial or
preventative action in a time frame too short to allow for compliance with the requirements of this title.
Emergency actions that create an impact to a critical area or its buffer shall use reasonable methods to
address the emergency; in addition, they must have the least possible impact to the critical area or its
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buffer. The person or agency undertaking such action shall notify the director within one working day
following commencement of the emergency activity. Within 30 days, the director shall determine if the
action taken was within the scope of the emergency actions allowed in this subsection. If the director
determines that the action taken, or any part of the action taken, was beyond the scope of an allowed
emergency action, then enforcement provisions of ECDC 23.40.240, Unauthorized critical area
alterations and enforcement, shall apply.
After the emergency, the person or agency undertaking the action shall fully fund and conduct necessary
restoration and/or mitigation for any impacts to the critical area and buffers resulting from the
emergency action in accordance with an approved critical areas report and mitigation plan. The person
or agency undertaking the action shall apply for review, and the alteration, critical area report, and
mitigation plan shall be reviewed by the director in accordance with the review procedures contained
herein. Restoration and/or mitigation activities must be initiated within one year of the date of the
emergency and completed in a timely manner;
2. Operation, Maintenance, or Repair. Operation, maintenance, or repair of existing structures,
infrastructure improvements, utilities, public or private roads, dikes, levees, or drainage systems that do
not require construction permits, if the activity does not further alter or increase the impact to, or
encroach further within, the critical area or buffer and there is no increased risk to life or property as a
result of the proposed operation, maintenance, or repair. Operation and maintenance also includes
normal maintenance of vegetation performed in accordance with best management practices, provided
that such management actions are part of regular and ongoing maintenance, do not expand further into
the critical area, are not the result of an expansion of the structure or utility, and do not directly pact
an endangered or threatened species; and
3. Passive Outdoor Activities. Recreation, education, and scientific research activities that do not
degrade the critical area, including fishing, hiking, and bird watching. Trails must be constructed
pursuant to ECDC 23.40.220(C)(6), Public and Private Pedestrian Trails. [Ord. 3527 § 2, 2004].
23.40.240 Unauthorized critical area alterations and enforcement. 3 SHARE
A. When a critical area or its buffer has been altered in violation of this title or the provisions of Chapter
7.200 ECC, all ongoing development work shall stop and the critical area shall be restored. The director
shall have the authority to issue a stop work order to cease all ongoing development work, and order
restoration, rehabilitation, or replacement measures at the owner's or other responsible party's expense
to compensate for violation of the provisions of this title. The director may also require an applicant or
property owner to take immediate action to ensure site stabilization and/or erosion control as needed.
B. Requirement for Restoration Plan. All development work shall remain stopped until a restoration plan
is prepared and approved by the director. Such a plan shall be prepared by a qualified professional using
the best available science and shall describe how the actions proposed meet the minimum requirements
described in subsection C of this section. The director shall, at the violator's expense, seek expert advice
in determining the adequacy of the plan. Inadequate plans shall be returned to the applicant or violator
for revision and resubmittal.
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C. Minimum Performance Standards for Restoration.
1. For alterations to frequently flooded areas, wetlands, and fish and wildlife habitat conservation areas,
the following minimum performance standards shall be met for the restoration of a critical area;
provided, that if the violator can demonstrate that greater functional and habitat values can be obtained,
these standards may be modified:
a. The historic structural and functional values shall be restored, including water quality and habitat
functions;
b. The historic soil types and configuration shall be replicated;
c. The critical area and buffers shall be replanted with native vegetation that replicates the vegetation
historically found on the site in species types, sizes, and densities. The historic functions and values
should be replicated at the location of the alteration; and
d. Information demonstrating compliance with the requirements in ECDC 23.40.130, Mitigation plan
requirements, shall be submitted to the city planning division.
2. For alterations to flood and geological hazards, the following minimum performance standards shall
be met for the restoration of a critical area; provided, that if the violator can demonstrate that greater
safety can be obtained, these standards may be modified:
a. The hazard shall be reduced to a level equal to, or less than, the predevelopment hazard;
b. Any risk of personal injury resulting from the alteration shall be eliminated or minimized; and
c. The hazard area and buffers shall be replanted with native vegetation sufficient to minimize the
hazard.
D. Site Investigations. The director is authorized to make site inspections and take such actions as are
necessary to enforce this title. The director shall present proper credentials and make a reasonable effort
to contact any property owner before entering onto private property.
E. Penalties. Any person, party, firm, corporation, or other legal entity convicted of violating any of the
provisions of this title shall be guilty of a misdemeanor and subject to penalties not to exceed a square
footage cost of three dollars ($3.00)per square foot of impacted critical area and critical area buffer
and/or a per tree penalty consistent with ECDC 18.45.070B. and C. _set fort i ECDC 18.45.070
shall ,.onstit to a separate offense. Any development carried out contrary to the provisions of this title
shall constitute a public nuisance and may be enjoined as provided by the statutes of the state of
Washington. The city of Edmonds may levy civil penalties against any person, party, firm, corporation,
or other legal entity for violation of any of the provisions of this title. The civil penalty shall be assessed
as proscribed in ECDC 18.45.070 and 18.45.075.[Ord. 3828 § 2, 2010; Ord. 3527 § 2, 2004].
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Part IV. General Critical Areas Protective Measures
23.40.250 Critical areas markers and signs.0 SHARE
A. The boundary at the outer edge of a critical area, critical area buffer or critical area tract may, at the
discretion of the director, be required to be delineated with wood fencing.
B. The boundary at the outer edge of the critical area or buffer may be identified with temporary signs
prior to any site alteration. Such temporary signs may be replaced with permanent signs prior to
occupancy or use of the site.
C. These provisions may be modified by the director as necessary to ensure protection of sensitive
features or wildlife needs. [Ord. 3527 § 2, 2004].
23.40.270 Critical areas tracts and easements.0 SHARE
A. At the discretion of the director, critical areas tracts and/or easements may be required in
development proposals for stibd visi ns, shei4 subdivisions, and planned
developments that include critical areas. These critical areas tracts and/or easements shall
delineate and protect those contiguous critical areas and buffers greater than 5,000 square feet including:
1. Landslide hazard areas and buffers;
2. Wetlands and buffers;
3. Fish and wildlife habitat conservation areas; and
4. Other lands to be protected from alterations as conditioned by project approval.
B. Notice on Title. The owner of any property with field -verified presence of critical areas and/or critical
areas buffers, except critical aquifer recharge areas, for which a permit application is submitted shall, as
a condition of permit issuance, record a notice of the existence of such critical area and/or critical area
buffer against the property with the Snohomish County Auditor's office. The notice shall be approved
by the director and the city attorney for compliance with this provision. The titleholder will have the
right to challenge this notice and to have it released if the critical area designation no longer applies;
however, the titleholder shall be responsible for completing a critical areas report, subject to approval by
the director. before the notice on title can be released. Gr-it ea areas 4aets shall be r-eeer-ded on all
C. Critical areas tracts or easements shall be designated on the face of the plat or recorded drawing in a
format approved by the director. The designation shall include the following restrictions:
1. An assurance that native vegetation will be preserved for the purpose of preventing harm to property
and the environment, including, but not limited to, controlling surface water runoff and erosion,
maintaining slope stability, buffering, and protecting plants, fish, and animal habitat; and
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2. The right of the director to enforce the terms of the restriction.
D. The director may require that critical areas tracts be dedicated to the city, to be held in an undivided
interest by each owner of a building lot within the development with the ownership interest passing with
the ownership of the lot, or held by an incorporated homeowner's association or other legal entity (such
as a land trust), which ensures the ownership, maintenance, and protection of the tract and contains a
process to assess costs associated therewith.
E. The use of herbicides within critical areas tracts or easements is prohibited except use of aquatic
gpproved herbicides where recommended by the Noxious Weed Control Board and where otherwise
consistent with the provisions of ECDC Title 23. [Ord. 3527 § 2, 2004].
23.40.280 Building setbacks.C3 sHa-R
Unless ethefwise Except for geologically hazardous areas where setbacks are determined by a
geotechnical report, buildings and other structures shall be set back a distance of 15 feet from the edges
of all critical area buffers or from the edges of all critical areas, if no buffers are required. T1YCIn
addition to other allowances provided by this Title, the following may be allowed in the building setback
area:
A. Landscaping;
B. Uncovered decks;
C. Building overhangs, if such overhangs do not extend more than 30 inches into the setback area; and
D. Impervious ground surfaces, such as driveways and patios; provided, that such improvements may be
subject to water quality regulations as adopted in the current editions of the International Residential
Code and International Building Code, as adopted in ECDC Title 19. [Ord. 3527 § 2, 2004].
23.40.290 Bonds to ensure mitigation, maintenance, and monitoring.o SHARE
A. When mitigation required pursuant to a development proposal is not completed prior to final permit
approval, such as final plat approval or final building inspection, the applicant shall be required to post a
performance bond or other security in a form and amount deemed acceptable by the director. If the
development proposal is subject to mitigation, the applicant shall post a mitigation bond or other
security in a form and amount deemed acceptable by the city to ensure mitigation is fully functional.
B. The bond shall be in the amount of 120 percent of the estimated cost of the uncompleted actions or
the estimated cost of restoring the functions and values of the critical area that are at risk, whichever is
greater. The amount of the performance bond shall include a reasonable allocation for inflation based on
the length of anticipated delay and the provisions of subsection D of this section.
C. The bond shall be in the form of a surety bond, performance bond, and/or maintenance bond from an
acceptable financial institution, with terms and conditions acceptable to the city of Edmonds' attorney.
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D. Bonds or other security authorized by this section shall remain in effect until the director determines,
in writing, that the standards bonded for have been met. Bonds or other security shall be held by the city
for a minimum of dhfee-five 5 years to ensure that the required mitigation has been fully implemented
and demonstrated to function, and may be held for longer periods when necessary to achieve these _goals.
E. Depletion, failure, or collection of bond funds shall not discharge the obligation of an applicant or
violator to complete required mitigation, maintenance, monitoring, or restoration.
F. Public development proposals shall be relieved from having to comply with the bonding requirements
of this section if public funds have previously been committed for mitigation, maintenance, monitoring,
or restoration.
G. Any failure to satisfy critical area requirements established by law or condition including, but not
limited to, the failure to provide a monitoring report within thirty �30) days after it is due or comply with
other provisions of an approved mitigation plan shall constitute a default, and the city may demand
payment of any financial guarantees or require other action authorized under this title or any other law.
H. Any funds recovered pursuant to this section shall be used to complete the required mitigation. [Ord.
3527 § 2, 2004].
23.40.300 Critical area inspections.0 SHARE
Reasonable access to the site shall be provided to the city, state, and/or federal agency review staff for
the purpose of inspections during any proposal review, restoration, emergency action, or monitoring
period. Failure to provide access shall constitute grounds for issuance of a stop work order. [Ord. 3527
§ 2, 2004].
Part V. Incorporation of Best Available Science
23.40.310 Best available science.0 SHARE
A. Protect Functions and Values of Critical Areas with Special Consideration to Anadromous Fish.
Critical areas reports and decisions to alter critical areas shall rely on the best available science to
protect the functions and values of critical areas and must give special consideration to conservation or
protection measures necessary to preserve or enhance anadromous fish, such as salmon and bull trout,
and their habitat, where applicable.
B. Best Available Science to Be Consistent with Criteria. The best available science is that scientific
information applicable to the critical area prepared by local, state, or federal natural resource agencies, a
qualified scientific professional, or a team of qualified scientific professionals that is consistent with
criteria established in WAC 365-195-900 through 365-195-925 and RCW 36.70A.172.
C. Characteristics of a Valid Scientific Process. In the context of critical areas protection, a valid
scientific process is one that produces reliable information useful in understanding the consequences of a
local government's regulatory decisions, and in developing critical areas policies and development
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regulations that will be effective in protecting the functions and values of critical areas. To determine
whether information received during the permit review process is reliable scientific information, the
director shall determine whether the source of the information displays the characteristics of a valid
scientific process. Such characteristics are as follows:
1. Peer Review. The information has been critically reviewed by other persons who are qualified
scientific experts in that scientific discipline. The proponents of the information have addressed the
criticism of the peer reviewers. Publication in a refereed scientific journal usually indicates that the
information has been appropriately peer -reviewed;
2. Methods. The methods used to obtain the information are clearly stated and reproducible. The
methods are standardized in the pertinent scientific discipline or, if not, the methods have been
appropriately peer -reviewed to ensure their reliability and validity;
3. Logical Conclusions and Reasonable Inferences. The conclusions presented are based on reasonable
assumptions supported by other studies and consistent with the general theory underlying the
assumptions. The conclusions are logically and reasonably derived from the assumptions and supported
by the data presented. Any gaps in information and inconsistencies with other pertinent scientific
information are adequately explained;
4. Quantitative Analysis. The data have been analyzed using appropriate statistical or quantitative
methods;
5. Context. The information is placed in proper context. The assumptions, analytical techniques, data,
and conclusions are appropriately framed with respect to the prevailing body of pertinent scientific
knowledge; and
6. References. The assumptions, analytical techniques, and conclusions are well referenced with
citations to relevant, credible literature and other pertinent existing information.
D. Nonscientific Information. Nonscientific information, such as anecdotal observations, non -expert
opinion, and hearsay, may supplement scientific information, but it is not an adequate substitute for
valid and available scientific information.
E. Absence of Valid Scientific Information. Where there is an absence of valid scientific information or
incomplete scientific information relating to a critical area leading to uncertainty about the risk to
critical area function of permitting an alteration of or impact to the critical area, the director shall:
1. Take a "precautionary or a no -risk approach" that strictly limits development and land use activities
until the uncertainty is sufficiently resolved; and
2. Require application of an effective adaptive management program that relies on scientific methods to
evaluate how well regulatory and nonregulatory actions protect the critical area. An adaptive
management program is a formal and deliberate scientific approach to taking action and obtaining
information in the face of uncertainty. An adaptive management program shall:
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a. Address funding for the research component of the adaptive management program;
b. Change course based on the results and interpretation of new information that resolves uncertainties;
and
c. Commit to the appropriate time frame and scale necessary to reliably evaluate regulatory and
nonregulatory actions affecting protection of critical areas and anadromous fisheries. [Ord. 3527 § 2,
2004] .
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Environmentally Critical Areas — May 3, 2016
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Environmentally Critical Areas — May 3, 2016
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City of Edmonds — City Code and Community Development Code
Environmentally Critical Areas — May 3, 2016
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City of Edmonds — City Code and Community Development Code
Environmentally Critical Areas — May 3, 2016
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Environmentally Critical Areas — May 3, 2016
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Environmentally Critical Areas — May 3, 2016
Chapter 23.50
WETLANDS
Sections:
Part I. Designation, Rating and Mapping
23.50.000 Wetlands compliance requirements flowchart.
23.50.010 Designation, rating and mapping —Wetlands.
Part I1. Allowed Activities — Wetlands
23.50.020 Allowed activities — Wetlands.
Part III. Additional Report Requirements — Wetlands
23.50.030 Special study and report requirements — Wetlands.
Part IV. Development Standards — Wetlands
23.50.040 Development standards — Wetlands.
23.50.050 Mitigation requirements — Wetlands.
23.50.060 Performance standards — Subdivisions.
Part V. City of Edmonds Wetland Field Data Form
23.50.070 Wetland field data form.
Part I. Designation, Rating and Mapping
23.50.000 Wetlands compliance requirements flowchart.0 SHARE
See Figure 23.50.000 at the end of this chapter. [Ord. 3527 § 2, 2004].
23.50.010 Designation, rating and mapping — Wetlands.0 SHARE
A. Designating Wetlands. Wetlands are those areas, designated in accordance with the approved federal
wetland delineation manual and applicable regional supplements as set forth in WAC 173-22-035
Washington State Wedan a identification and Delineation Mafma (1997), that are inundated or saturated
by surface or ground water at a frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation adapted for life in saturated soil conditions. All
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areas within the city of Edmonds meeting the wetland designation criteria ;H-i *''- Ta-e"*ificat o and
Delineation Ma+mal, regardless of any formal identification, are hereby designated critical areas and are
subject to the provisions of this title.
B. Wetland Ratings. Wetlands shall be rated according to the Washington State Department of Ecology
wetland rating system found in the 2014 Washington State Wetland Rating System for Western
Washin_-tg on doettmen4s OlLpgfp� AALaS iHgtE)„, Ecology Publications No&. 14-06-02993 74 and nn 06
OM). Thiese deettments eentainsdefining the following wetland rating ^^*-ego ies.- Consistent with the wetland rating system criteria and
parameters within this document, wetlands that are rated for ecological functions with highest point
totals 23 points or higher) perform ecological functions associated with water flow, water quality an
habitat at highest levels, whereas wetlands that are rated with lowest point totals (15 points or lower)
perform ecological functions at lowest levels. Wetlands that are rated with points between 16 and 22
points perform ecological functions at moderate to high levels.
The City of Edmonds Wetland Rating Categories:
a. Category 4-I Wetlands. Category 4-I wetlands are those that represent a unique or rare wetland type;
are more sensitive to disturbance than most wetlands; are relatively undisturbed and contain ecological
attributes that are impossible to replace within a human lifetime; or provide a high level of function. The
following types of wetlands are Category meet one or more ofthe following ^�*eri :
i. Relatively undisturbed estuarine wetlands larger than ones acre;
ii. Wetlands of high conservation value that are identified by scientists of the Washington Natural
Heritage Prograrn/DNR;Wedands that are identified by seientists of the Washington Nater-al Her-itage
iii. Bogs larger- than one half aer-e;
iv. Wetlands with mature and old growth forests M.,*,,,!e and old growth forested wet! larger than
one nacre;
v. Wetlands in coastal lagoons;
vi. Wetlands that perform functions at high levels Wetlands that per-fol:ffl many f ,fletiefls well as
indicated by a score of &twenty-three (23�points or more based on functions on the My of Edmonds
wetland field data r^, v.
b. Category 2-Il Wetlands. Category lI wetlands are those that are difficult, though not impossible, to
replace, and provide high levels of some functions. The following types of wetlands are Category 2II
wetlands
i. Estuarine wetlands smaller than one acre, or disturbed estuarine wetlands larger than one acre;
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iv. Wetlands with a moderately high level of functions as indicated by a score of 51 te-6920 to 22 points
based on functions o the eity of Edmonds . ,edan' field data f m
c. Category 3-III Wetlands. Category 3-III wetlands are wetlands with a moderate level of functions as
indicated by a score of 3$16 to 54-19 points on the eity of Edmonds wetland fiel ddat r^ based on
functions.
d. Category 4-IV Wetlands. Category 4-IV wetlands are those with the lowest levels of functions as
indicated by scores below 3-0-16 points based on functionson the eity ..4'Edmonds wedand field dat
few.
All wetlands should be rated consistent with the 2014 Washington State Wetland Rating System for
Western Washington using the 2014 Western Washington Rating Form. Tb,o *- ��a,v. ,ra� -_�
field data fefm is provided in ECDC 23.50.070.
C. Date of Wetland Rating. Wetland rating categories shall be applied as the wetland exists on the date
of adoption of the rating system by the local government, as the wetland naturally changes thereafter, or
as the wetland changes in accordance with permitted activities. Wetland rating categories shall not
change due to illegal modifications.
D. Mapping. The approximate location and extent of wetlands are shown on the city of Edmonds critical
areas inventory. In addition, the National Wetlands Inventory and Soil Maps produced by the U.S.
Department of Agriculture, National Resources Conservation Service may be useful in helping to
identify potential wetland areas. The inventory and cited resources are to be used as a guide for the city
of Edmonds, project applicants, and/or property owners, and may be continuously updated as new
critical areas are identified. They are a reference and do not provide a final critical area designation.
E. Delineation. The exact location of a wetland's boundary shall be determined through the performance
of a field investigation by a qualified professional wetland scientist applying the approved federal
wetland delineation manual and annlicable regional sunnlementsWashi ete State Wetlara�
4W7-}. Wetland delineations are valid for five years; after such date the city shall determine whether a
revision or additional assessment is necessary.
F. Lake Ballinger. Lake Ballinger is designated on the U.S. National Wetlands Inventory as a lacustrine
(lake) environment and should not be delineated as a wetland in its entirety. Lake fringe wetlands
existing along the periphery of Lake Ballinger shall be identified according to specific criteria provided
in 23.50.010.ffie Washington State Wetlands identifieation a -ad Delineation Malival (Eeeleg
Ptibliea4ion No. 96 94, 1997) and updated guidanee provided in Washington State Wetlands R
System for- Westefa Washington Revised (Eeelegy Pubheatien NO. 04 06 025, . Consistent with
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guidance for delineating lake fringe wetlands provided in these resources, the existence of jurisdictional
wetlands along Lake Ballinger shorelines shall be largely based upon the presence of persistent
emergent vegetation in shoreline areas less than 6.6 feet in depth. Provisions for protection of Lake
Ballinger shorelines not meeting criteria for jurisdictional wetlands are provided in the city of Edmonds
shoreline master program. [Ord. 3527 § 2, 2004].
G. Edmonds Marsh. The City has a 23 acre Edmonds Marsh wetland which is in addition to a wildlife
habitat and natural resource sanctuary is also classified by the state as a priority habitat.
H. Other significant wetland
1. Good Hope Pond
2. Mouth of Shell Creek
Part II. Allowed Activities — Wetlands
23.50.020 Allowed activities — Wetlands. I s"pE
The activities listed below are allowed in wetlands in addition to those activities listed in, and consistent
with, the provisions established in ECDC 23.40.220, and do not require submission of a critical areas
report, except where such activities result in a loss to the functions and values of a wetland or wetland
buffer. These activities include:
A. Conservation or preservation of soil, water, vegetation, fish, shellfish, and other wildlife that does not
entail changing the structure or functions of the existing wetland.
B. The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops
and provided the harvesting does not require tilling of soil, planting of crops, chemical applications, or
alteration of the wetland by changing existing topography, water conditions, or water sources.
C. Drilling for utilities under a wetland; provided, that the drilling does not interrupt the ground water
connection to the wetland or percolation of surface water down through the soil column. Specific studies
by a hydrologist are necessary to determine whether the ground water connection to the wetland or
percolation of surface water down through the soil column could be disturbed.
D. Enhancement of a wetland through the removal of nonnative invasive species. Weeding shall be
restricted to hand removal and weed material shall be removed from the site. Bare areas that remain after
weed removal shall be revegetated with native shrubs and trees at natural densities. Some hand seeding
may also be done over the bare areas with native herbs. Noxious weeds listed on the Washington State
Noxious Weed Control Board list must be handled and disposed of according to a noxious weed control
plan appropriate to that species.
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E. Permitted alteration to a legally constructed structure existing within a wetland or wetland buffer that
does not increase the footprint of development or impervious surfacing or increase the impact to a
wetland or wetland buffer. [Ord. 3527 § 2, 2004].
Part III. Additional Report Requirements — Wetlands
23.50.030 Special study and report requirements — Wetlands.0 SHARE
A. Additional Requirements for Wetlands. In addition to the general critical areas report requirements of
ECDC 23.40.090, critical areas reports for wetlands must meet the requirements of this section. Critical
areas reports for two or more types of critical areas must meet the report requirements for each relevant
type of critical area.
B. Critical areas report requirements for wetlands may be met in "stages" or through multiple reports.
The typical sequence of potentially required reports that may in part or in combination fulfill the
requirements of this section include:
1. Wetland reconnaissance report documenting the existence and general location of wetlands in the
vicinity of a project area;
2. Wetland delineation report documenting the extent and boundary of a jurisdictional wetland per RCW
36.70A.175; and
3. Wetland mitigation report documenting potential wetland impacts and mitigation measures designed
to retain or increase the functions and values of a wetland in accordance with ECDC 23.50.050 and the
general provisions of this title.
C. A wetland critical areas report may include one or more of the above three report types, depending on
the information required by the director and the extent of potential wetland impacts. The Edmonds
development services director maintains the authority and discretion to determine which report(s) alone
or combined are sufficient to meet the requirements outlined below and to waive report requirements
based upon site conditions and the potential for project impacts.
D. Preparation by a Qualified Professional. A critical area report for wetlands shall be prepared by a
qualified professional who is a certified professional wetland scientist or a noncertified professional
wetland scientist with a minimum of five years of experience in the field of wetland science and with
experience preparing wetland reports. Pursuant to ECDC 23.40.090(A), applicants may choose one of
the qualified technical consultants on the city's approved list in preparing critical areas reports for
wetlands, or may utilize an alternative consultant. Critical areas studies and reports developed by an
alternative consultant shall be subject to independent review pursuant to ECDC 23.40.090(B).
E. Area Addressed in Critical Area Report. The following areas shall be addressed in a critical area
report for wetlands:
1. The project area of the proposed activity;
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2. All wetlands and recommended buffers within 200 feet of the project area; and
3. All shoreline areas, water features, floodplains, and other critical areas, and related buffers within 200
feet of the project area. The location and extent of wetlands and other critical areas existing outside of
the project area or subject parcel boundary may be shown in approximation as practical and necessary to
provide an assessment of potential project effects.
F. Wetland Analysis. In addition to the minimum required contents of ECDC 23.40.090, Critical areas
reports — Requirements, a critical areas report for wetlands shall contain an analysis of the wetlands,
including the following site- and proposal -related information at a minimum:
1. A written assessment and accompanying maps of the wetlands and buffers within 200 feet of the
project area, including the following information at a minimum:
a. Wetland delineation and required buffers;
b. Existing wetland acreage;
c. Wetland category;
d. Vegetative, faunal, and hydrologic characteristics;
e. Soil and substrate conditions;
f. Topographic elevations, at two -foot contours; and
g. A discussion of the water sources supplying the wetland and documentation of hydrologic regime
(locations of inlet and outlet features, water depths throughout the wetland, and evidence of recharge or
discharge, evidence of water depths throughout the year: drift lines, algal layers, moss lines, and
sediment deposits).
The location, extent and analyses of wetlands not contiguous with the subject parcel existing outside of
the immediate project area may be described in approximation as practical and necessary to provide an
assessment of potential project effects and hydrologic/ecological connectivity to on -site wetlands and
other critical areas.
2. A discussion of measures, including avoidance, minimization, and mitigation, proposed to preserve
existing wetlands and restore any wetlands that were degraded prior to the current proposed land use
activity.
3. A habitat and native vegetation conservation strategy that addresses methods to protect and enhance
on -site habitat and wetland functions.
4. Functional evaluation for the wetland and adjacent buffer using a local or state agency staff -
recognized method and including the reference of the method and all data sheets.
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5. Proposed mitigation, if needed, including a written assessment and accompanying maps of the
mitigation area, including the following information at a minimum:
a. Existing and proposed wetland acreage;
b. Vegetative and faunal conditions;
c. Surface and subsurface hydrologic conditions including an analysis of existing and future hydrologic
regime and proposed hydrologic regime for enhanced, created, or restored mitigation areas;
d. Relationship to the watershed and existing waterbodies;
e. Soil and substrate conditions, topographic elevations;
f. Existing and proposed adjacent site conditions;
g. Required wetland buffers; and
h. Property ownership.
6. A scale map of the development proposal site and adjacent area. A discussion of ongoing
management practices that will protect wetlands after the project site has been developed, including
proposed monitoring and maintenance programs.
7. A bond estimate for the installation (including site preparation, plant materials and installation,
fertilizers, mulch, and stakes) and the proposed monitoring and maintenance work for the required
number of years. [Ord. 3527 § 2, 2004].
Part IV. Development Standards — Wetlands
23.50.040 Development standards — Wetlands.13 SHARE
A. Activities may only be permitted in a wetland buffer if the applicant can show that the proposed
activity will not degrade the functions and functional performance of the wetland and other critical
areas.
B. Activities and uses shall be prohibited in wetlands and wetland buffers, except as provided for in this
title.
C. Category I -I Wetlands. Activities and uses shall be prohibited from Category 4-I wetlands, except as
provided for in the public agency and utility exception, reasonable use exception, and variance sections
of this title.
D. Category 27II Wetlands. With respect to activities proposed in Category 2-II wetlands, the following
standards shall apply:
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1. Water -dependent activities may be allowed where there are no practicable alternatives that would
have a less adverse impact on the wetland, its buffers and other critical areas.
2. Where non -water -dependent activities are proposed, it shall be presumed that alternative locations are
available, and activities and uses shall be prohibited, unless the applicant demonstrates that:
a. The basic project purpose cannot be accomplished as proposed and successfully avoid, or result in less
adverse impact on, a wetland on another site or sites in the general region; and
b. All alternative designs of the project as proposed, such as a reduction in the size, scope, configuration,
or density of the project, would not avoid or result in less of an adverse impact on a wetland or its
buffer.
E. Category 34II and 44V Wetlands. Activities and uses that result in unavoidable and necessary
impacts may be permitted in Category 3-III and 4IV wetlands and associated buffers in accordance with
an approved critical areas report and mitigation plan.
F. Wetland Buffers.
1. Standard Buffer Widths. The standard buffer widths in ECDC 23.50.040.F.1.d below have been
established in accordance with best available science. The buffers are based on the category of wetland
and the habitat score as determined byqualified wetland professional using the Washington State
Wetland Rating System for Western Washington.
a. The use of the standard buffer widths requires the implementation of the measures in ECDC
23.50.040.F.2, where applicable, to minimize the impacts of the adjacent land uses.
b. If an applicant chooses not to apply the mitigation measures in ECDC 23.50.040.F.2, than a thirty-
three(33%) increase in the width of all buffers is required.
c_The standard buffer widths presume the existence of a relatively intact native vegetation community
in the buffer zone adequate to protect the wetland functions and values at the time of the proposed
activity. If the buffer is composed of nonnative vegetation, lawn, or bare ground, vegetation is
iequate, then, at the discretion of the director, the buffer width may be increased or an applicant may
be required to either develop and implement a wetland buffer enhancement plan to maintain the standard
width or widen the standard width to ensure that adequate functions of the buffer are provided.{s-e€
f'
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d. Standard Wetland Buffer Widths Table.
Minimum
Buffer
Buffer
Buffer
Width
Width
Buffer Width
Width
Wetland
Wetland
(Wetland scores
(Wetland
Wetland Cate2ory
scores 3-4
scores 5
scores 6-7
8-9 habitat
habitat
habitatpoints)
habitat
points)
points)
points)
Category I:
75 ft
105 ft
165 ft
225 ft
Based on total score
Category I:
Bogs and
190 ft
190 ft
190 ft
225 ft
Wetlands of High
Conservation Value
Category I.
75 ft
105 ft
165 ft
225 ft
Forested
Category
150ft
150ft
150ft
150ft
Estuarine
Category II:
75 ft
105 ft
165 ft
225 ft
Based on score
Category III
60 ft
105 ft
165 ft
165 ft
Category all)
40 ft
40 ft
40 ft
40 ft
2. Required Measures to Minimize Impacts to Wetlands. The standard wetland buffer widths in ECDC
23.50.040.F. Le assumes implementation of the following measures, where applicable to a specific
proposal.
Disturbance
Required Measures to Minimize Impacts
Lights
• Direct lights away from wetland
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Disturbance
Required Measures to Minimize Impacts
Noise
• Locate activity that generates noise away from wetland
• If warranted, enhance existing buffer with native vegetation
plantings adjacent to noise source
• immediately adjacent to the out wetland buffer
Toxic runoff
Route all new, untreated runoff away from wetland while
ensuring wetland is not dewatered
• Establish covenants limiting use of pesticides within 150 feet of
wetlands
• Apply integrated pest management
Stormwater runoff
• Retrofit stormwater detention and treatment for roads and
existing adjacent development
• Prevent channelized flow from lawns that directly enters the
buffer
• Use Low Impact Development techniques (per Puget Sound
Action Team publication on LID techniques)
Change in water
regime
• Infiltrate or treat, detain, and disperse into buffer new runoff
from impervious surfaces and new lawns
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Disturbance
Required Measures to Minimize Impacts
Pets and human
disturbance
• Use privacy fencing OR plant dense vegetation to delineate
buffer edge and to discourage disturbance using vegetation
appropriate for the ecoregion
• Place wetland and its buffer in a separate tract or protect with a
conservation easement
Dust
Use best management practices to control dust
Disruption of
corridors or
connections
Maintain connections to offsite areas that are undisturbed
Restore corridors or connections to offsite habitats by replanting
-23. Increased Wetland Buffer Widths. The director shall require increased buffer widths in accordance
with the recommendations of an experienced, qualified professional wetland scientist and the best
available science on a case -by -case basis when a larger buffer is necessary to protect wetland functions
and values based on site -specific characteristics. This determination shall be based on one or more of the
following criteria:
a. A larger buffer is needed to protect other critical areas;
b. The buffer or adjacent uplands has a slope greater than 15 percent or is susceptible to erosion and
standard erosion control measures will not prevent adverse impacts to the wetland; or
c. The buffer area has minimal vegetative cover. In lieu of increasing the buffer width where existing
buffer vegetation is inadequate to protect the wetland functions and values, development and
implementation of a wetland buffer enhancement plan in accordance with subsection (F)(3) of this
section may substitute.
d. The wetland and/or buffer is occupied by a federally listed threatened or endangered species, a bald
eagle nest, a great blue heron rookery, or a species of local importance; and it is determined by the
director that an increased buffer width is necessary to protect the species.
-54. Measurement of Wetland Buffers. All buffers shall be measured from the wetland boundary as
surveyed in the field. The buffer for a wetland created, restored, or enhanced as compensation for
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approved wetland alterations shall be the same as the buffer required for the category of the created,
restored, or enhanced wetland.
65. Buffer Consistency. All mitigation sites shall have buffers consistent with the buffer requirements of
this chapter.
-6. Buffer Maintenance. Except as otherwise specified or allowed in accordance with this titlewetland
buffers shall be retained in an undisturbed or enhanced condition. Removal of invasive nonnative weeds
is required for the duration of the mitigation bond.
G. Wetland Buffer Modifications and Uses
1. Where wetland or buffer alterations are permitted by the City of Edmonds, the applicant shall mitigate
impacts to achieve no not loss of wetland acreage and functions consistent with ECDC 23.50.050 and
other applicable provisions of this Title.
2. At the discretion of the Director, standard wetland buffers may be averaged or reduced when
consistent with all criteria in ECDC 23.50.040.G. Wetland buffer averaging with enhancement shall be
preferred over wetland buffer reduction with enhancement. Wetland buffer reduction shall only be
approved by the director when buffer averaging cannot be accomplished on -site.
43. Wetland Buffer Width Averaging with Buffer Enhancement. The director may allow modification of
a standard or r wetland buffer width in accordance with an approved critical areas report and the
best available science on a case -by -case basis by averaging buffer widths. Any allowance for averaging
buffer widths shall only be granted concomitant to the development and implementation of a wetland
buffer enhancement plan for areas of buffer degradation. Only those portions of a wetland buffer
existing within the project area or subject parcel shall be considered the total standard of + buffer
for buffer averaging. Averaging of buffer widths may only be allowed where a qualified professional
wetland scientist demonstrates that:
a. The buffer averaging and enhancement plan provides evidence that wetland functions and values will
be:
i. Increased or retained through plan implementation for those wetlands where existing buffer vegetation
is generally intact; or
ii. Increased through plan implantation for those wetlands where existing buffer vegetation is inadequate
to protect the functions and values of the wetland;
a. 14 will not r-edttee the fimetion and value of wetlands or- assoeiated ;
b. The wetland contains variations in sensitivity due to existing physical characteristics or the character
of the buffer varies in slope, soils, or vegetation, and the wetland would benefit from a wider buffer in
places and would not be adversely impacted by a narrower buffer in other places;
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c. The total area contained in the buffer area, or the total buffer area existing on a subject parcel for
wetlands extending off -site, after averaging is no less than that which would be contained within a
standard „o,a,,ee buff and
d. The buffer width at any single location is not reduced *ro4e&s4a anby more than twenty-five percent
25% 54-percent of the standard o row&buffer width.
34. Buffer Width Reductions Thfeugkthrough Buffer Enhancement. At the discretion of the Edmonds
development sefv ees director, and only when buffer averaging cannot be accomplished on site, wetland
buffer width reductions (or approval of standard buffer widths for wetlands where existing buffer
conditions require increased buffer widths) may be granted concomitant to the development and
implementation of a wetland buffer enhancement plan for Category 3- III and 4-IV wetlands only.
Approval of a wetland buffer enhancement plan shall, at the discretion of the director, allow for wetland
buffer width reductions by no more than twenty-five percent (25%)-+e ne loss -50 per-eei4 of the
standard width; provided, that:
a. The plan provides evidence that wetland functions and values will be:
i. Inncreased or retained through plan implementation to at least the level .-.,-oyided by a standard buffer-
or- thr-ough additional mitig tia for those wetlands where existing buffer vegetation is generally intact;
or
ii. Increased through plan implementation for those wetlands where existing buffer vegetation is
inadequate to protect the functions and values of the wetland;
b. The plan documents existing native plant densities and provides for increases in buffer native plant
densities to no less than three feet on center for shrubs and eight feet on center for trees;
c. The plan requires monitoring and maintenance to ensure success in accordance with ECDC
23.40.130(D); and
d. The plan specifically documents methodology and provides performance standards fef assessing
iner-eases in *',,,,a i uff-er- Tune :enin g as relateincluding but not limited to:
i Water- quality „roteetie Percent vegetative cover;
ii. Provision,.fwildlife ,,.,,.i Percent invasive species cover;
iii. Species richness; and
iv. D ostr4efing wedand ;,,*m sie and dirt r-baneeAmount of large woody debris.
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restored, or o"hafteed A.
95. Buffer Uses. The following uses may be permitted within a wetland buffer in accordance with the
review procedures of this title; provided, they are not prohibited by any other applicable law and they
are conducted in a manner so as to minimize impacts to the buffer and adjacent wetland:
a. All activities allowed by ECDC 23.50.020 (Allowed activities — wetlands).
b. Conservation and Restoration Activities. Conservation or restoration activities aimed at protecting the
soil, water, vegetation, or wildlife.
bc. Passive Recreation. Passive recreation facilities designed and in accordance with an approved critical
area report, including:
i. Walkways and trails; provided, that those pathways are generally constructed with a surface that does
not interfere with substrate permeability-, are generally located only in the outer twenty-fivepercent
(25%) of wetland buffers, and are located to avoid removal of significant trees. Where existing lega11X
established development has reduced the width of the wetland buffer, trails may be placed in the outer
twenty-fivepercent (25%) of the remaining wetland buffer. The trail shall be no more than five (5) feet
in width and for pedestrian use only.Raised boardwalks utilizing nontreated pilings may be acceptable_
The director may allow trails within the inner twenty-five percent (25%) of wetland buffers when
required to provide access to wildlife viewing structures, fishing access areas, or connections to other
trail facilities;
ii. Wildlife viewing structures; and
iii. Fishing access areas down to the water's edge that shall be no larger than six feet.
c. Storm Water Management Facilities. Storm water management facilities, limited to outfalls, pipes and
conveyance systems, storm water dispersion outfalls and bioswales, may be allowed within the outer 25
percent of a standard or modified buffer for Category 3 or 4 wetlands only; provided, that:
i. No other location is feasible; and
ii. The location and function of such facilities will not degrade the functions or values of the wetland.
iii. Storm water management facilities are not allowed in buffers of Category 1 or 2 wetlands.
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iv. Projects shall also comply with all applicable requirements in Chapter 18.30 ECDC, Stormwater
Management, including Minimum Requirement #8, Wetland Protection.
FH. Signs and Fencing of Wetlands.
1. Temporary Markers. The outer perimeter of the wetland or buffer and the limits of those areas to be
disturbed pursuant to an approved permit or authorization shall be marked in the field in such a way as
to ensure that no unauthorized intrusion will occur and is subject to inspection by the director prior to
the commencement of permitted activities. The director may require the use of fencing to protect
wetlands from disturbance and intrusion. Temporary marking shall be maintained throughout
construction and shall not be removed until permanent signs, if required, are in place.
2. Permanent Signs. As a condition of any permit or authorization issued pursuant to this chapter, the
director may require the applicant to install permanent signs along the boundary of a wetland or buffer.
a. Permanent signs shall be made of an enamel -coated metal face and attached to a metal post or another
nontreated material of equal durability. Signs must be posted at an interval of one per lot or every 50
feet, whichever is less, and must be maintained by the property owner in perpetuity. The sign shall be
worded as follows or with alternative language approved by the director:
Protected Wetland Area
Do Not Disturb
Contact the City of Edmonds
Regarding Uses and Restrictions
b. The provisions of subsection (G)(2)(a) of this section may be modified as necessary to assure
protection of sensitive features or wildlife.
3. Permanent Fencing. Permanent fencing shall be required at the outer edge of the critical area buffer
under the following circumstances, provided that the director may waive this requirement:
a. As part of any development proposal for single-family plats, single-family short plats, multifamily,
mixed use, and commercial development where the director determines that such fencing is necessary to
protect the functions of the critical area, provided that breaks in permanent fencing may be allowed for
access to permitted buffer uses (ECDC 23.50.040.G.8);
b. As part of development proposals for parks where the adjacent proposed use is active recreation and
the director determines that such fencing is necessaroprotect the functions of the critical area;
c. When buffer averaging __ is s employed as part of a development proposal;
d. When buffer reductions are employ. e�part of a development proposal; or
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e. At the director's discretion to protect the values and functions of a critical area.
14I. Additions to Structures Existing Within Wetlands and/or Wetland Buffers.
1_Additions to legally constructed structures existing within wetlands or wetland buffers that increase
the footprint of development or impervious surfacing shall be permitted consistent with the development
standards of this section, provided that a wetland and/or buffer enhancement plan is provided to miti _gate
for impacts consistent with this Title, and provided that all.. impacts from temporary disturbances within
the critical area buffer shall be addressed through use of best management _ plans and buffer enhancement
plantings during and following construction of the allowed alteration. Provisions for standard wetland
buffers, btiffer- r-eduetientbr-ough encemea wetland buffer averaging with enhancement, and
buffer reductions with enhancement require applicants to locate such additions in accordance with the
following sequencing:
-Ia. Outside of the standard wetland buffer;
3b. Outside of a wetland buffer averaged (with enhancement)ing per subsection
(EG)(43) of this section;
-2c. Outside of a wetland buffer reduced wither enhancement) per subsection (EG(34) of this
section;
4d. Outside of the inner twenty fives percent 25% of the standard wetland buffer width thr-ough the
tise of both buffer- r-eduetion and buffer- ae ^with no more than three hundred (300)square feet of
structure addition footprint within the inner fifty percent (50%) of the standard wetland buffer width,
provided that enhancement is provided at a minimum three -to -one (3:1, ratio (enhancement -to -impact
e. Outside of the inner twentv five percent (25%) of the standard wetland buffer width with no more
than five hundred (500) square feet of new footprint within the inner fifty percent(50%) of the standard
wetland buffer width, provided that enhancement is provided at a minimum five -to -one (5:1,) ratio
(enhancement -to -impact), and that stormwater low impact development (LID)techniques and other
measures are included as part of the wetland / buffer enhancement plan.
2. Where meeting wetland buffer enhancement reauirements reauired by H.1. of this section would
result in enhancement that is separated from the critical area due to uncommon property ownership,
alternative enhancement approaches may be approved by the director. Alternative approaches could
include a vegetated rain garden that receives storm runoff, replacement of existing impervious surfaces
with pervious materials, or other approaches that provide ecological benefits to the adjacent critical area.
3. Additions to legally constructed structures existing within wetlands or wetland buffers that cannot be
accommodated in accordance with the above sequencing in H.1. of this section (i.e., additions proposed
within a wetland or the inner 25 percent of a standard buffer width) may be permitted at the director's
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discretion as a variance subject to review by the city hearing examiner and the provisions of ECDC
2340210
J. Development Proposals within the Footprint of Existing Development. New development shall be
allowed within the footprint of existingdevelopment evelopment occurring within a wetland buffer, provided that
the following conditions are met:
1. The footprint of existingdevelopment evelopment was legally established, and is consistent with the definition
provided in ECDC 23.40.320;
2. The proposed development within the footprint of existingdevelopment evelopment is sited as far away from the
wetland edge as is feasible;
3. As part of the development proposal, opportunities to reduce the footprint of existing development evelopment are
implemented where such reduction would increase the buffer width adjacent to the wetland and not
represent an undue burden given the scale of the proposed development.
4. The proposed development includes enhancement to the adjacent wetland and associated buffer in
order to improve functions degraded by previous development,
5. Enhancement is provided as wetland or buffer enhancement for an equivalent area of the footprint of
the newly proposed development within the footprint of existingdevelopment evelopment occurring in a wetland
buffer, or through an alternative approach approved by the director that restores degraded functions of
the wetland and remaining buffer, and
6. Impacts from temporary disturbances within the wetland buffer shall be addressed through use of best
management _plans and buffer enhancement plantingsg and following construction of the allowed
alteration.
IK. Small, hydrologically isolated wetlands€x�s. The director may allow small, h. d� ig cally
isolated Category 3-III or IV4 wetlands under done thousand- 1 000 square feet in area to be exempt
from the avoidance sequencing provisions of ECDC 23.40.120 and the wetland development standards
provisions of ECDC 23.50.040.F. At the discretion of the director such wetlands may_ be altered,
provided that a submitted critical
areas report and miti_at plan, ;r *''� �� *���' o Fee--onffl--aiss-aneer- deli ea4io", provides
evidence that all of the following conditions are met:
1. The wetland is bless than-5 -Wone thousand (1,000) square feet in area;
-32. The wetland does not provide significant habitat value for wildlife;
3. The wetland is not adjacent to a riparian area;
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4. The wetland has a score of three (3) — four (4) points for habitat in the adopted Western Washington
rating system; and
5. A mitigation plan to replace lost wetland functions and values is developed, approved and
implemented consistent with ECDC 23.50.050.
4. Filling of the wedand ean maintain equivalent or- greater- habitat funetions and val—
site ondit ons. [Ord. 3527 § 2, 2004].
23.50.050 Mitigation requirements — Wetlands.0 SHARE
Compensatory mitigation for alterations to wetlands shall achieve equivalent or greater biologic
functions. Wetland mitigation plans shall be consistent with the state Dee tome * f Eeo' g
Fguidelines min Wetland Mitigation in Washington State —Part 2: Developing Mitigation Plans
(Ecologyy, 2006) and Selecting Wetland Mitigation Sites Using a Watershed Approach (Ecology,
2009)DIeve eying Freshwater- Wetlands Mitigation Plans and sals, 1994, as revised.
y eas! ......... !!e�ss!�rs�re!ser�e•.::e.�. .re•.:�ree�.
BA. Mitigation for Lost or Affected Functions. Compensatory mitigation actions shall address functions
affected by the alteration to achieve functional equivalency or improvement and shall provide similar
wetland functions as those lost, except when:
1. The lost wetland provides minimal functions as determined by a site -specific function assessment, and
the proposed compensatory mitigation action(s) will provide equal or greater functions or will provide
functions shown to be limiting within a watershed through a formal Washington State watershed
assessment plan or protocol; or
2. Out -of -kind replacement will best meet formally identified watershed goals, such as replacement of
historically diminished wetland types.
GB. Preference of Mitigation Actions. Mitigation actions that require compensation by replacing,
enhancing, or substitution shall occur in the following order of preference:
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1. Implementing compensatory restoration through purchase of credits at an approved mitigation bank or
through payment into an approved in lieu fee program.
-12. Restoring (re-establishing) wetlands on upland sites that were formerly wetlands.
-23. Creating wetlands on disturbed upland sites such as those with vegetative cover consisting primarily
of nonnative, introduced species. This should only be attempted when there is a consistent source of
hydrology and it can be shown that the surface and subsurface hydrologic regime is conducive for the
wetland community that is being designed.
4. Enhancing significantly degraded wetlands in combination with restoration or creation. Such
enhancement should be part of a mitigation package that includes replacing the impacted area meeting
appropriate ratio requirements.
DC. Type and Location of Mitigation. Unless it is demonstrated that a higher level of ecological
functioning would result from an alternate approach, compensatory mitigation for ecological functions
shall be in -kind and conducted on the site or in the vicinity of the alteration except when all of the
following apply:
1. On -site opportunities do not have a high likelihood of success, after a determination of the natural
capacity of the site to mitigate for the impacts. Consideration should include: anticipated wetland
mitigation replacement ratios, buffer conditions and proposed widths, hydrogeomorphic classes of on -
site wetlands when restored, proposed flood storage capacity, and potential to mitigate riparian fish and
wildlife impacts (such as connectivity);
2. Off -site mitigation has a greater likelihood of providing equal or improved wetland functions than the
impacted wetland; -and
3. Off -site mitigation incorporates guidance from Calculating Credits and Debits for Compensatory
Mitigation in Wetlands of Western Washington (Ecology Publication #10-06-011, Hruby. 2012.); and
-34. Off -site locations for compensatory mitigation are consistent with city of Edmonds goals for
rimwatershed-wide ecological restoration. Off -site locations are selected with a preference for
sites within the same basin as the impact, followed by other sites within the city. -Specific areas targeted
for restoration efforts include:
a. Lake -fringe wetlands and habitat areas associated with Lake Ballinger;
b. Edmonds marsh;
c. Yost Park wetlands;
d. Good Hope wetlands; and
e. Wetlands and habitat areas peripheral to anadromous fish -bearing streams:; and
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f. Sites available through an approved mitigation bank or in --lieu fee program.
This list is not comprehensive and may change as the city of Edmonds identifies areas suitable for
restoration and capital improvement projects consistent with goals for jurisdiction -wide habitat retention
and enhancement provided in the city's comprehensive plan.
ED. Mitigation Timing. Mitigation projects shall be completed with an approved monitoring plan prior
to activities that will disturb wetlands. In all other cases, mitigation shall be completed immediately
following disturbance and prior to use or occupancy of the activity or development. Construction of
mitigation projects shall be timed to reduce impacts to existing fisheries, wildlife, and flora.
EE. Mitigation Ratios.
1. Acreage Replacement Ratios. The f 'gig ratios in the table below shall apply to eree
resteratiencreation or re-establishment, rehabilitation, or enhancement that is in -kind, is on -sites -the
same , is timed prior to or concurrent with alteration, and has a high probability of success.
These ratios do not apply to remedial actions resulting from unauthorized alterations; greater ratios shall
apply in those cases. The first number specifies the acreage of replacement wetlands and the second
specifies the acreage of wetlands altered. Ratios for rehabilitation and enhancement may be reduced
when combined with 1:1 replacement through creation or re-establishment pursuant to Table Ia,
Wetland Mitigation in Washington State — Part 1: Agency Policies and Guidance —Version 1, (Ecology
Publication #06-06-1 la, or as revised). Creation, re-establishment, rehabilitation, and enhancement
definitions are provided in ECDC 23.40.320 (see definition for "compensatory mitigation", and shall be
additionally consistent with intent pursuant to Ecology Publication #06-06-1 la..
a. Category 1: six to one7-
b. Cate ery 2: three t
Category and
TWe of Wetland
Creation or
Re -
establishment
Rehabilitation
Enhancement
on/v
only
Category IV
1.5:1
3:1
61
Category III
2:1
4:1
8:1
Category II
6:1
12:1
Page 60 of 101
Attachment A
City of Edmonds — City Code and Community Development Code
Environmentally Critical Areas — May 3, 2016
Category I:
8:1
16:1
Based on functions
Category I:
Mature and old
6:1
12:1
24:1
growth forest
Category I:
Not considered
Not considered
Not considered
High conservation
possible
possible
possible
value / Boq
Mitigation requirements may also be determined using the credit/debit tool described in Calculating
Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington: Final Report
(Ecology Publication #10-06-011, Olympia, WA, March 2012, or as revised) if approved by the director.
2. Off -site Mitigation. - These ratios provided in ECDC 23.50.050.F.1. do not apply to off -site miti _ ag tion
including4he use of credits from a state -certified wetland mitigation bank or payment to a certified in -
lieu fee program. When off -site mitigation is proposed, or when ^redits 4e aid mitigation _ bank
or in lieu fee pro _rg am isa-r-e used, replacement ratios maysheuW incorporate guidance from Calculating
Credits and Debits for Comoensatory Mitigation in Wetlands of Western Washington (Ecoloav
Publication #10-06-011, Hruby. 2012), and for mitigation banks or in lieu fee program should be
consistent with the certification requirements ef the bmk's eet4i fie fie . Use of mitigation banks shall
meet all requirements of ECDC 23.50.050.H.T-he first number- oeifies the ao e of r-eplaeemen
wetlands and the seeend speeifies the aefeage of wetlands alt
23. Increased Replacement Ratio. The director may require increased compensatory mitigation ratios
under the following circumstances:
a. Uncertainty exists as to the probable success of the proposed restoration or creation;
b. A significant period of time will elapse between impact and replication of wetland functions;
c. Proposed mitigation will result in a lower -category wetland or reduced functions relative to the
wetland being impacted; or
d. The impact was an unauthorized impact.
GF. Wetlands Enhancement as Mitigation.
1. Impacts to wetland functions may be mitigated by enhancement of existing significantly degraded
wetlands, but may, at the discretion of the director, be used in conjunction with restoration and/or
Page 61 of 101
Attachment A
City of Edmonds — City Code and Community Development Code
Environmentally Critical Areas — May 3, 2016
creation. Applicants proposing to enhance wetlands must produce a critical areas report that identifies
how enhancement will increase the functions of the degraded wetland and how this increase will
adequately mitigate for the loss of wetland area and function at the impact site. An enhancement
proposal must also show whether existing wetland functions will be reduced by the enhancement
actions.
2. At a minimum, enhancement acreage shall be double the acreage required for creation or restoration
under subsection F of this section. The ratios shall be greater than double the required acreage where the
enhancement proposal would result in minimal gain in the performance of wetland functions and/or
result in the reduction of other wetland functions currently being provided in the wetland.
3. Mitigation ratios for enhancement in combination with other forms of mitigation shall range from six -
to -one to three -to -one and be limited to Class 3 and 4 wetlands.
HG. Wetland Mitigation Banks and In --Lieu Fee Programs.
1. Wetland Mitigation Banks. Credits from a wetland mitigation bank may be approved for use as
compensation for unavoidable impacts to wetlands when:
a. The bank is certified under Chapter- , 7� inn W n Gstate rules;
b. The director determines that the wetland mitigation bank provides appropriate compensation for the
authorized impacts; and
c. The proposed use of credits is consistent with the terms and conditions of the bank's certification
instrument.
d. Replacement ratios for projects using bank credits shall Beare consistent with replacement ratios
specified in the bank's certification.
e. Credits from a certified wetland mitigation bank are used to compensate for impacts located within
the service area specified in the certified bank instrument. In some cases, the service area of the bank
may include portions of more than one adjacent drainage basin for specific wetland functions.
-2. In --Lieu Fee Programs. In liett of wetlmd mkiga4ien bank efeditAs an alternative to on -site or other
off -site mitigat�pproaches, the director may previleapprove purchase of credit for compensatory
mitigation from an in lieu fee program. An., such used to compensate for direct wetland
impacts shall be developed and approved throu_hg_a public process and be consistent with federal rules,
state policy on in lieu fee mitigation and state water quality regulations, Determiningcredit redit purchase
necessary to compensate for wetland impacts shall incorporate guidance from Calculating Credits and
Debits for Compensatory Mitigation in Wetlands of Western Washington (Ecology Publication #10-06-
011, Hruby. 2012). Development proposals impacting critical areas and/or associated buffers maX
contribute payment towards an identified City of Edmonds mitigation project with approval from the
director, provided that the mitigation approach meets all state and federal permit requirements, where
required. 4hrough aPplieant provision of ftmds to identified capital improvement projects for- wedan
Page 62 of 101
Attachment A
City of Edmonds — City Code and Community Development Code
Environmentally Critical Areas — May 3, 2016
restoration. The direetor- retains discretion to establish a menetafy valtie for applicant provision of funds
whieh shall be, at a > >
implementing and fflonit
in kind eompens4ofy mitigation on site or- in the pfojeet Applicant provision of funds for
compensatory mitigation shall only be approved if:
a. The director determines that it would provide environmentally ppropriate compensation for the
proposed wetland , be ao,..-,onst-rated t dire tly stippoft wetland ,-ester-at
eff-614s;
b. The mitigation will occur on a site identified using the site selection and prioritization process in the
approved in --lieu fee program instrument or at a City -identified restoration site consistent with
ECDC23.40.140
with the provisions and ,-a4i s of this title.
c. A restoration area and plan have been identified and shall be implemented within three years of
project development;
d. Restoration efforts are focused in these areas identified in subseetion (D)(3) of ths seet o and areas
identified as suitable for restoration by the director; and
e. Credits from an approved in --lieu fee program m may be used to compensate for impacts located within
the service area specified in the approved in --lieu fee instrument.
plieant proposal. [Ord. 3527 § 2, 2004].
23.50.060 Performance standards — Subdivisions.0 SHARE
The subdivision and short subdivision of land in wetlands and associated buffers is subject to the
following:
A. Land that is located wholly within a wetland or its buffer may not be subdivided.
B. Land that is located partially within a wetland or its buffer may be subdivided; provided, that an
accessible and buildable contiguous portion of each new lot is located outside of the wetland and its
buffer.
C. Access roads and utilities serving the proposed subdivision may be permitted within the wetland and
associated buffers only at the discretion of the director. [Ord. 3527 § 2, 2004].
Part V. City of Edmonds Wetland Field Data Form
23.50.070 Wetland field data form.Q SHARE
Page 63 of 101
Attachment A
City of Edmonds — City Code and Community Development Code
Environmentally Critical Areas — May 3, 2016
The eity of Edmonds wetland field data used for completion of wetland ratings shall be consistent with
the Washington State Wetland Rating System for Western Washington: 2014 Update (Ecolog_y
Publication # 14-06-029; Hruby 2014).fofm is available in the eity of Edmefids develepment serviees
av,.,,.-tY ent and on the eity of -Edmonds website. [Ord. 3527 § 2, 2004].
Figure 23.50.000
CITY OF EDMONDS CRITICAL AREAS
Critical Areas Compliance Requirements*
Wetlands
110"
buffer
Wetland Wetland Reconnais• Reconnaissance Wetiand delineation r
T%r
nrav maaetseanno[ n+nerbelccated sance REQUIRED todetermines that REQUIREd to identify be avoided nAOn--aud Noadditional
on or near determine if potrntial jurisdictiana! wetland boundaric -0t Plan compliance
throughSubje[t wetland meetsjurisdic- wetland exist and classifytvetland standard buffer prove required.
parcel. tlonaI criteria and is within 225ftof per updated crease
Iota fed wi lh In 2259 of subject parcel. categories. ctionssubject parcel. s.
6uttcr wiEih rcd�ctien
thr gh-hy—t
e+++sarya,nd+ra
and Buffer
Reconnaissance identi FeesImpactsweUa�ds eMy pvding
Wetland are conniryrrprwa9otmeng Plan Noadditlonal
well an d is not j urisd fiction a l avnid�l thmuph RED top rove
(and urlsdlctional determl- standard buffer on orincrease compliance
nation is confirmed by the widths for wetland and functions regwred.
J,5. Army Cor ps of category. d va lues.
Engineers);or reconnais-
s
ance identifies that ■
wetland Is located � 225 6. Weti and Buffer
from su bfect parcel wota na in. Mitigation Plan
No additional m�,. Qv
RE IRED Per
maaaron
compliance upda led code require- No additional
requirerents. men$to prove compliance
retention or increase required.
No additional of wetland (uric Uous
compliance and values.
requirements.
Public Nearing with C
Nearing Examiner,
�-Wtscannot to QUiR Ea on ly for va rid
nie®�ue p; ojec is for wh lrh imp aft:
kin not be mitigate) to retain
well and functions and
values.
WPM rw ij re F. ON ma5r hP mM thmueh suhalMlnn nla slnel"Atkal area rP.fMrt or m duplo ropnrts In fnn161natlnn.
Page 64 of 101
Attachment A
City of Edmonds — City Code and Community Development Code
Environmentally Critical Areas — May 3, 2016
Wdl,ml mrp.!'c
W,11—j R"npu6." ,
10 lw nn rpr
RLF+..
wltini panri
it lwnr"n,1
"Xing nu.:..
n,npshchonaln,n,
is;ucmed anhin: • • .
Nemnrur[unir S[rann lip,
rrrtls.pl Hour Isu+sJpaborui
wMncelryrcr+
■
VOY.1,
non+I•. .
CITY OF EDMONDS CRITICAL AREAS
Critical Areas Compliance Requirements*
Wetlands
11n,mgwl .I,r
IV, 11. rid 111A al p•n
.Ia. ii.mrYtip.l y
RFQ1. toH) n.
.[Ilsn:l
ktmish w[A[n,l
pl. well,pa*
. 1dryF4Ai Hlsa.
1rl n: 1al ti11 t
" ::i•1 Nutter
A. P limp" flan
.•i p. ' Nit K.1-is
I'1.n 1.=i •: I�•-li
—Phew
rnluir[m[nrs.
No ad6niowl
re4koremean.
Nu "Lwd anal
ia�r111,1p�pA'e
e[ypsirrmrnn.
requirements may be met through submission of a single critical area report or multiple reports in combi
Page 65 of 101
Attachment A
City of Edmonds — City Code and Community Development Code
Environmentally Critical Areas — May 3, 2016
Chapter 23.60
CRITICAL AQUIFER RECHARGE AREAS
Sections:
Part I. Designation, Rating and Mapping
23.60.010 Critical aquifer recharge areas designation.
Part I. Designation, Rating and Mapping
23.60.010 Critical aquifer recharge areas designation.0 SHARE
Critical aquifer recharge areas (CARAs) are those areas with a critical recharging effect on aquifers used
for potable water as defined by WAC 365-190-030(2). CARAs have prevailing geologic conditions
associated with infiltration rates that create a high potential for contamination of ground water resources
or contribute significantly to the replenishment of ground water. CARAs are protected as critical areas
under the Washington State Growth Management Act. However, no areas meeting criteria for CARAs
exist in the vicinity of the city of Edmonds. Thus, additional specific provisions for protection of this
critical area type are not provided within this title. [Ord. 3527 § 2, 2004].
Page 66 of 101
Attachment A
City of Edmonds — City Code and Community Development Code
Environmentally Critical Areas — May 3, 2016
Chapter 23.70
FREQUENTLY FLOODED AREAS
Sections:
Part I. Designation, Rating and Mapping
23.70.010 Designation, rating and mapping —Frequently flooded areas.
Part II. Additional Report Requirements — Frequently Flooded Areas
23.70.020 Special study and report requirements — Frequently flooded areas.
23.70.030 Warning and disclaimer of liability.
Part III. Development Standards — Frequently Flooded Areas
23.70.040 Development standards — Frequently flooded areas.
Part I. Designation, Rating and Mapping
23.70.010 Designation, rating and mapping — Frequently flooded areas. SHRRE
A. Frequently Flooded Areas. Frequently flooded areas shall include:
1. Those areas identified on FEMA flood insurance maps as areas of special flood hazard, which include
those lands in the floodplain subject to a one percent or greater chance of flooding in any given year. For
the purposes of this title, areas of special flood hazard for the city of Edmonds are hereby declared
generally to be those areas shown as Zone A (including Zones A, AE, Al—A30, AH, AO, AR and A99)
and Zone V (including Zones V and VE)on the following FEMA maps or panels: 53061COO;
5306IC1292 E, Panel 1292; 5306IC1285 E, Panel 1285; 5306IC1315 E, Panel 1315; and 5306IC1305
E, Panel 1305. ,
,49W, and sueh maps and panels are adopted by this r-efer-enee as a pw4 of this ehapter- as if 44y-s-e4
fet4h hefein.The city will use the most currently adopted FEMA maps in determining whether a property
is located within a frequently flooded area. Base flood elevations and flood hazard factors for those
areas shown as Zone A on the map have not been determined and the local flood management
administrator shall utilize such other data as may be reasonably available from federal, state or other
sources in administering this chapter as provided in the current editions of the International Residential
Code and International Building Code, as adopted in ECDC Title 19.
2. Those areas identified as frequently flooded areas on the city of Edmonds critical areas inventory.
Identified frequently flooded areas are consistent with and based upon designation of areas of special
flood hazard on FEMA flood insurance maps as indicated above.
Page 67 of 101
Attachment A
City of Edmonds — City Code and Community Development Code
Environmentally Critical Areas — May 3, 2016
B. City Discretion and Designation. Flood insurance maps and the city's critical areas inventory are to
be used as a guide for the city of Edmonds development services department, project applicants and/or
property owners, and the public and should be considered a minimum designation of frequently flooded
areas. As flood insurance maps may be continuously updated as areas are reexamined or new areas are
identified, newer and more restrictive information for flood hazard area identification shall be the basis
for regulation. The city of Edmonds shall retain the right to designate and identify areas known to be
prone to flooding outside of the 100-year floodplain and subject them to the provisions and protections
of this title and the current editions of the International Residential Code and International Building
Code, as adopted in ECDC Title 19. [Ord. 3527 § 2, 2004].
Part II. Additional Report Requirements — Frequently Flooded Areas
23.70.020 Special study and report requirements — Frequently flooded areas.C3 SHARE
In addition to the general critical areas report requirements of ECDC 23.40.090, critical areas reports for
frequently flooded areas must meet the requirements of this section and the current editions of the
International Residential Code and International Building Code, as adopted in ECDC Title 19. Critical
areas reports for two or more types of critical areas must meet the report requirements for each relevant
type of critical area.
A. Preparation by a Qualified Professional. A frequently flooded areas report shall be prepared by a
qualified professional who is a hydrologist or engineer, licensed in the state of Washington, with
experience in preparing flood hazard assessments. Pursuant to ECDC 23.40.090(A), applicants may
choose one of the qualified technical consultants on the city's approved list in preparing critical areas
reports for frequently flooded areas, or may utilize an alternative consultant. Critical areas studies and
reports developed by an alternative consultant shall be subject to independent review pursuant to ECDC
23.40.090(B).
B. Areas to Be Addressed. The following areas shall be addressed in a critical areas report for frequently
flooded areas:
1. The site area of the proposed activity;
2. All areas of a special flood hazard area, as indicated on the flood insurance map(s), within 200 feet of
the project area; and
3. All other flood areas indicated on the flood insurance map(s) within 200 feet of the project area.
C. Flood Hazard Assessment. A critical area report for a proposed activity within a frequently flooded
area shall contain a flood hazard assessment including the following site- and proposal -related
information at a minimum:
1. Site and Construction Plans. A copy of the site and construction plans for the development proposal
showing:
Page 68 of 101
Attachment A
City of Edmonds — City Code and Community Development Code
Environmentally Critical Areas — May 3, 2016
a. Floodplain (100-year flood elevation), 10- and 50-year flood elevations, floodway, other critical areas,
buffers, and shoreline areas;
b. Proposed development, including the location of existing and proposed structures, fill, storage of
materials, and drainage facilities, with dimensions indicating distances to the floodplain;
c. Clearing limits; and
d. Elevation of the lowest floor (including basement) of all structures, and the level to which any
nonresidential structure has been floodproofed.
2. Watercourse Alteration. Alteration of natural watercourses shall be avoided, if feasible. If
unavoidable, a critical areas report shall include:
a. Extent of Watercourse Alteration. A description of and plan showing the extent to which a
watercourse will be altered or relocated as a result of a proposal;
b. Maintenance Program Required for Watercourse Alterations. A maintenance program that provides
maintenance practices for the altered or relocated portion of the watercourse to ensure that the flood -
carrying capacity is not diminished.
D. Information Regarding Other Critical Areas. Potential impacts to wetlands, fish and wildlife habitat,
and other critical areas shall be addressed in accordance with the applicable sections of this title. [Ord.
3527 § 2, 2004].
23.70.030 Warning and disclaimer of liability.0 SHARE
The degree of flood protection required by this chapter and the current editions of the International
Residential Code and International Building Code, as adopted in ECDC Title 19, is considered
reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger
floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural
causes. This chapter does not imply that land outside frequently flooded areas or uses permitted within
such areas will be free from flooding or flood damages. This chapter shall not create liability on the part
of the city of Edmonds, any officer or employee thereof, or the Federal Insurance Administration for any
flood damages that result from reliance on this chapter or any administrative decision lawfully made
hereunder. [Ord. 3527 § 2, 2004].
Part I1I. Development Standards — Frequently Flooded Areas
23.70.040 Development standards — Frequently flooded areas.0 SHARE
Development standards and provisions for protection of frequently flooded areas are provided as
applicable to areas of special flood hazard in the current editions of the International Residential Code
and International Building Code, as adopted in ECDC Title 19. Conformance with the provisions for
flood hazard reduction of the current editions of the International Residential Code and International
Page 69 of 101
Attachment A
City of Edmonds — City Code and Community Development Code
Environmentally Critical Areas — May 3, 2016
Building Code, as adopted in ECDC Title 19, shall constitute conformance with ECDC 23.40.050,
Protection of critical areas, per the mandates of the Washington Growth Management Act and the
purposes and objectives of this title. [Ord. 3527 § 2, 2004].
Chapter 23.80
GEOLOGICALLY HAZARDOUS AREAS
Sections:
Part I. Designation, Rating and Mapping
23.80.000 Geologically hazardous areas compliance requirements flowchart.
23.80.010 Designation, rating and mapping —Geologically hazardous areas.
23.80.020 Designation of specific hazard areas.
23.80.030 Mapping of geologically hazardous areas.
Part II. Allowed Activities — Geologically Hazardous Areas
23.80.040 Allowed activities — Geologically hazardous areas.
Part III. Additional Report Requirements — Geologically Hazardous Areas
23.80.050 Special study and report requirements — Geologically hazardous areas.
Part IV. Development Standards — Geologically Hazardous Areas
23.80.060 Development standards — General requirements.
23.80.070 Development standards — Specific hazards.
Part I. Designation, Rating and Mapping
23.80.000 Geologically hazardous areas compliance requirements flowchart.0 SHARE
See Figure 23.80.000 at the end of this chapter. [Ord. 3527 § 2, 2004].
23.80.010 Designation, rating and mapping — Geologically hazardous areas.LC3 SHARE
Page 70 of 101
Attachment A
City of Edmonds — City Code and Community Development Code
Environmentally Critical Areas — May 3, 2016
Geologically hazardous areas include areas susceptible to erosion, land sliding, earthquake, or other
geological events. They pose a threat to the health and safety of citizens when incompatible
development is sited in areas of significant hazard. Such incompatible development may not only place
itself at risk, but also may increase the hazard to surrounding development and use. Areas susceptible to
one or more of the following types of hazards shall be designated as a geologically hazardous area:
A. Erosion hazard;
B. Landslide hazard; and
C. Seismic hazard. [Ord. 3527 § 2, 2004].
23.80.020 Designation of specific hazard areas.O SHARE
A. Erosion Hazard Areas. Erosion hazard areas are at least those areas identified by the U.S. Department
of Agriculture's Natural Resources Conservation Service as having a "moderate to severe," "severe," or
"very severe" rill and inter -rill erosion hazard. Erosion hazard areas are also those areas impacted by
shoreland and/or stream bank erosion. Within the city of Edmonds erosion hazard areas include:
1. 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 15
percent or greater:
a. Alderwood soils (15 to 25 percent slopes);
b. Alderwood/Everett series (25 to 70 percent slopes);
c. Everett series (15 to 25 percent slopes);
2. Coastal and stream erosion areas which are subject to the impacts from lateral erosion related to
moving water such as stream channel migration and shoreline retreat.
3-2. Any area with slopes of 15 percent or greater and impermeable soils interbedded with granular soils
and springs or ground water seepage; and
4-3. Areas with significant visible evidence of ground water seepage, and which also include existing
landslide deposits regardless of slope.
B. Landslide Hazard Areas. Landslide hazard areas are areas potentially subject to landslides based on a
combination of geologic, topographic, and hydrologic factors. They include areas susceptible because of
any combination of'��ek, soil, slope (gradient), slope aspect, structure, hydrology, or other factors.
Within the city of Edmonds potential landslide hazard areas speeifieally include:
Page 71 of 101
Attachment A
City of Edmonds — City Code and Community Development Code
Environmentally Critical Areas — May 3, 2016
1. Areas of ancient or historic failures in Edmonds which include all areas within the earth subsidence
and landslide hazard area as identified in the 1979 report of Robert Lowe Associates and amended by
the 1985 report of GeoEngineers, Inc. and further discussed in the 2007 report by Landau Associates;
2. Coastal areas mapped as class a (unstable), uos (unstable old slides), and urs (unstable recent slides)
in the Department of Ecology Washington coastal atlas;
3. Areas designated as quaternary, steps, earthflows, mudflows, or landslides on maps published by the
United States Geological Survey or Washington State Department of Natural Resources;
Figure 1
Simple Slope Calculation
The slope calculation guidance shall he used to determine the toe and top of % slope for slopes that
are potentially landslide hazard areas or potentially erasion hazard areas.
Toe and top of landslide hazard areas (generally slopes of 40%
or greater) delineated where incline reverses or diminishes to
<40Vo over at least 10 feet of horizontal distance.
Toe and top of erosion hazard areas (generally slopes 15.40%)
delineated where incline reverses or diminishes to <15%over
�f1—+1nfof.fr,,,n—f lAii —
-40% slope
hazard arer
slope (eras
a may over Fri n 10 ft.
10,
Top of Slope
V (Vertical Rise)
% Slope = x 100%
H tHorizontalRun)
Note: Steps, grad! entchanges, and incline reversals o r brea ks b e low percent slopes defining landslide
hazard areas (40%) and erasion hazard areas (15%) shall be included as part of the larger slope.
Page 72 of 101
Attachment A
City of Edmonds — City Code and Community Development Code
Environmentally Critical Areas — May 3, 2016
Simple Slope Calculation
Toe and top o ndslide hazard areas (slopes of 40% or
greater) delineat where incline reverses or diminishes p pf Slope
to <40% over at leasNO feet of horizontal distance.
Toe and top of erosion he areas (slopes 15-40%)
delineated where incline rave or diminishes to <15%
over at least 10 feet of horiiorltal lance. <40% slope (landslide
hazard areal or Kf 5%
1 D' slope (aroskon hazard
area) over min, 10 ft.
Toe of Slope �- V
H
V (Vert -cal Rso)
<40% slope tlanC de 16 slope I (Flo^zon'.al Rur+) x SOD
hasard areal or c15% 10
s ope ;erosion hazard
area] ovar min. 10
Steps, grad[enl changes and ircime reversals or breaks below percent slopes defir•ng landslide
yeas (40%) and eroWon War4 areas (15 /.) mall be Inouded as part of a larger slope unless may are 10
horimnW fail or IOW
24. Any slope of forty percent (40%) or steeper that exceeds a vertical height of ten (10) feet over a
twenty-five25) foot horizontal run. Except for rockeries that have been engineered and approved by the
engineer as having been built according to the engineered design, all other modified slopes ,including
slopes where there are breaks in slopes, meeting overall average steepness and height criteria should be
considered potential landslide hazard areas);
5. Any slope with all three of the following characteristics:
a. Slopes steeper than fifteen percent(15%);
b. Hillsides intersecting geologic contacts with a relatively permeable sediment overlving a relativelv
impermeable sediment; and
c. Springs or ,groundwater seepage;
relief of 10 or- more feet exeept areas eemposed of eenselidated r-eek. A slope is deline4ed b
establishing its toe and top (as defined in Figure I in stibseefien (B)(1) of this seetion) and is meaw
by a-viefaging the inefination ever- at least 10 feet of veftieal relief or- 25 feet of hefizental dista-flee.
Benehes, steps and variations in gadient shall be ineer-por-ated into a larger- slope if they do not mee
eFiter-ia defining toe an&or- top depieted in Figure 1 in subsection (B)(1) of this seetion (see also Figufe-2
at the end of this stibseetion). if the toe or- top of a slope is loeated off of a stibjeet pir-opefty, then t
Page 73 of 101
Attachment A
City of Edmonds - City Code and Community Development Code
Environmentally Critical Areas - May 3, 2016
Slopes Extending Qg Lots
� N ral Top
If the toe or top a slope is located off of a
subject property, th it shall be delineated 200
horizontal feet from the roperty boundary or at
its natural location, whiche r is closer to the
subject parcel.
Toe Defined
Natural
L200 R
Parcel
200 ft.
Top Defined Here
-36. Any area potentially unstable as a result of rapid stream incision or stream bank erosion; -ate
47. Any area located on an alluvial fan, presently subject to, or potentially subject to, inundation by
debris flow or deposition of stream -transported sediments, and
8. Any slopes that have been modified by past development activity that still meet the slope criter
-
C. Seismic Hazard Areas. Seismic hazard areas are areas subject to severe risk of damage as a result of
earthquake -induced ground shaking, slope failure, settlement, soil liquefaction, lateral spreading, or
surface faulting. These areas are designated as having a "high" and "moderate to high" risk of
liquefaction as mapped on the Liquefaction Susceptibility Map of Snohomish County by
Washington State Department of Natural Resources or areas located within er4ear-landslide hazard
areas.
satffated soils of low density, typieally in assoeia4ien with a shallow gr-ound water- ta [Ord. 3527 § 2,
2004] .
23.80.030 Mapping of geologically hazardous areas.0 SHARE
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A. The approximate location and extent of geologically hazardous areas are shown on the city of
Edmonds critical areas inventory. In addition, resources providing information on the location and
extent of geologically hazardous areas in Edmonds include:
1. Washington Department of Ecology coastal zone atlas (for marine bluffs);
2. U.S. Geological Survey geologic maps, landslide hazard maps, and seismic hazard maps;
3. Washington State Department of Natural Resources seismic hazard maps for Western Washington;
4. Washington State Department of Natural Resources slope stability maps;
5. National Oceanic and Atmospheric Administration tsunami hazard maps; and
6. Federal Emergency Management Administration flood insurance maps.
B. The critical areas inventory and the resources cited above are to be used as a guide for the city of
Edmonds development services department, project applicants and/or property owners and may be
continuously updated as new critical areas are identified. They are a reference and do not provide a final
critical area designation. [Ord. 3527 § 2, 2004].
Part II. Allowed Activities — Geologically Hazardous Areas
23.80.040 Allowed activities — Geologically hazardous areas.0 SHARE
The following activities are allowed in geologically hazardous areas as consistent with ECDC
23.40.220, Allowed activities, Chapter 19.10 ECDC, Building Permits — Earth Subsidence and
Landslide Hazard Areas, and Chapter 18.30 ECDC, Storm Water Management, and do not require
submission of a critical area report:
A. Erosion and Landslide Hazard Areas. Except for installation of fences and as otherwise provided for
in this title, only those activities approved and permitted consistent with an approved critical areas report
in accordance with this title shall be allowed in erosion or landslide hazard areas.
B. Seismic Hazard Areas. The following activities are allowed within seismic hazard areas:
1. Construction of new buildings with less than 2,500 square feet of floor area or roof area, whichever is
greater, and which are not residential structures or used as places of employment or public assembly;
2. Additions to existing single -story residences that are 250 square feet or less; and
3. Installation of fences. [Ord. 3527 § 2, 2004].
Part III. Additional Report Requirements — Geologically Hazardous Areas
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Environmentally Critical Areas — May 3, 2016
23.80.050 Special study and report requirements — Geologically hazardous areas.
SHARE
Critical area report requirements for geologically hazardous areas are generally met through submission
to the director of one or more geotechnical gieerreports. In addition to the general critical areas
report requirements of ECDC 23.40.090, critical areas reports for geologically hazardous areas must
meet the requirements of this section and Chapters 18.30 and 19.10 ECDC as applicable. Critical areas
reports for two or more types of critical areas must meet the report requirements for each relevant type
of critical area. Geotechnical report(s) submitted for the purpose of critical areas review are required as
necessary in addition to reports, data and other information mandated per ECDC Titles 18 and 19.
Geotechnical report(s) shall be required: whenever a potential erosion hazard area or potential landslide
hazard area, as mapped by Edmonds critical areas inventory or shown on other information consistent
with ECDC 23.80.030, is located within 50 feet of the proposed development site; whenever a
development site is located within a seismic hazard area; or when otherwise determined warranted by
the director (e.g. a distance equal to the height of the slope).
A. Preparation by a Qualified Professional. A critical areas report for assessing a potential geologically
hazardous area shall be prepared by a geologist licensed in the state of Washington, with
experience analyzing geologic, hydrologic, and ground water flow systems, and who has experience
preparing reports for the relevant type of hazard. If mitigation measures are necessary, the report
detailing the mitigation measures and design of the mitigation shall be prepared by an engineer licensed
in the State of Washington, with experience stabilizing slopes with similar geotechnical properties.
Critical areas studies and reports on geologically hazardous areas shall be subject to independent review
pursuant to ECDC 23.40.090(B).
B. Area Addressed in Critical Areas Report. The following areas shall be addressed in a critical areas
report for geologically hazardous areas:
1. The project area of the proposed activity; and
2. All geologically hazardous areas within 200 feet of the project area or that have the potential to be
affected by the proposal.
C. Geological Hazards Assessment. A geology hazard assessment ^r-itie ' area report for a geologically
hazardous area shall include a field investigation and contain an assessment of whether or not each type
of geologic hazard identified in ECDC 20.80.020 is present or not present and if development of the site
will increase the risk of landslides or erosion on or off the site. Geotechnical reports shall be prepared,
stamped and signed _byqualified professional. These reports must:
1. Be appropriate for the scale and scope of the project;
2. Include a discussion of all geologically hazardous areas on the site and any geologically hazardous
areas off site potentially pacted by the proposed project. If the affected area extends beyond the
subject property,geology hazard assessment may utilize existing data sources pertaining to that area;
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Environmentally Critical Areas — May 3, 2016
3. Clearly state that the proposed project will not decrease slope stability or pose an unreasonable threat
to persons or property either on or off site and provide a rationale as to those conclusions based on
geologic conditions and interpretations specific to the project;
4. Provide adequate information to determine compliance with the requirements of ECDC Chapter
23.80;
5. Generally follow the guidelines set forth in the Washington State Department of Licensing Guidelines
for Preparing Engineering Geology Reports in Washington (2006). In some cases, such as when it is
determined that no landslide or erosion risk is present, a full report may not be necessary to determine
compliance with the ECDC Chapter 23.80, and in those cases a letter or abbreviated report may be
provided.
6. If a landslide or erosion hazard is identified, provide minimum setback recommendations for avoiding
the landslide or erosion hazard, other recommendations for site development so that the frequency or
magnitude of landsliding or erosion on or off the site is not altered, and recommendations consistent
with ECDC 23.80.060 and 23.80.070.
MIN
- • ..::....r
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Environmentally Critical Areas — May 3, 2016
IU
D. Incorporation of Previous Study. Where a valid critical areas report has been prepared within the last
five years for a specific site, and where the proposed land use activity and surrounding site conditions
are unchanged, said report may be incorporated into the required critical areas report. The applicant shall
submit a hazards assessment detailing any changed environmental conditions associated with the site.
E. Mitigation of Long -Term Impacts. When hazard mitigation is required, the mitigation plan shall
specifically address how the activity maintains or reduces the preexisting level of risk to the site and all
other adjaeent-properties potentially pacted on a long-term basis (equal to or exceeding the projected
lifespan of the activity or occupation). Proposed mitigation techniques shall be considered to provide
long-term hazard reduction only if they do not require regular maintenance or other actions to maintain
their function. Mitigation may also be required to avoid any increase in risk above the preexisting
conditions following abandonment of the activity.
F. Additional Technical Information Requirements for Projects within Erosion and Landslide Hazard
Areas. In addition to the basic critical areas report requirements for geologically hazardous areas
provided in subsections A through E of this section, technical information for any development within
erosion and earth subsidence and landslide hazard areas shall meet the requirements of Chapter 19.10
ECDC and include the following information at a minimum:
1. Site Plan. The critical areas report shall include a copy of the site plan for the proposal showing:
a. The height of slope, slope gradient, and cross-section of the project area;
b. The location of springs, seeps, or other surface expressions of ground water on or within 200 feet of
the project area or that have the potential to be affected by the proposal; and
c. The location and description of surface water runoff features;
2. Hazards Analysis. The hazards analysis component of the critical areas report shall specifically
include:
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Environmentally Critical Areas — May 3, 2016
a. A description of the extent and type of vegetative cover;
b. A description of subsurface conditions based on data from site -specific explorations;
c. Descriptions of surface and ground water conditions, public and private sewage disposal systems, fills
and excavations, and all structural improvements;
d. An estimate of slope stability and the effect construction and placement of structures will have on the
slope over the estimated life of the structure;
e. An estimate of the bluff retreat rate or an estimate of the percent risk of landslide area expansion that
recognizes and reflects potential catastrophic events such as seismic activity or a 100-year storm event;
f. Consideration of the run -out hazard of landslide debris and/or the impacts of landslide run -out on
down -slope properties;
g. A study of slope stability including an analysis of proposed cuts, fills, and other site grading;
h. Recommendations for building siting limitations; and
i. An analysis of proposed surface and subsurface drainage, and the vulnerability of the site to erosion;
3. Geotechnical Engineering Report. The technical information for a project within a landslide hazard
area shall include a geotechnical engineering report prepared by a licensed engineer that presents
engineering recommendations for the following:
a. Parameters for design of site improvements including appropriate foundations and retaining
structures. These should include allowable load and resistance capacities for bearing and lateral loads,
installation considerations, and estimates of settlement performance;
b. Recommendations for drainage and subdrainage improvements;
c. Earthwork recommendations including clearing and site preparation criteria, fill placement and
compaction criteria, temporary and permanent slope inclinations and protection, and temporary
excavation support, if necessary; and
d. Mitigation of adverse site conditions including slope stabilization measures and seismically unstable
soils, if appropriate;
4. Erosion and Sediment Control Plan. For any development proposal on a site containing an erosion
hazard area, an erosion and sediment control plan shall be required. The erosion and sediment control
plan shall be prepared in compliance with requirements set forth in Chapter 18.30 ECDC.
G. Limited Report Requirements for Stable Erosion Hazard Areas. At the director's discretion, detailed
critical areas report requirements may be waived for erosion hazard areas with suitable slope stability.
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Environmentally Critical Areas — May 3, 2016
Report requirements for stable erosion hazard areas may be met through construction documents that
shall include at a minimum an erosion and sediment control plan prepared in compliance with
requirements set forth in Chapter 18.30 ECDC.
H. Seismic Hazard Areas. In addition to the basic critical areas report requirements for geologically
hazardous areas provided in subsections A through E of this section, a critical areas report for a seismic
hazard area shall also meet the following requirements:
-21. The hazards analysis shall include a complete discussion of the potential impacts of seismic activity
on the site (for example, forces generated and fault displacement).
-32. A geotechnical engineering report shall evaluate the physical properties of the subsurface soils,
especially the thickness of unconsolidated deposits and their liquefaction potential. If it is determined
that the site is subject to liquefaction, mitigation measures appropriate to the scale of the development
shall be recommended and implemented. [Ord. 3527 § 2, 2004].
Part W. Development Standards — Geologically Hazardous Areas
23.80.060 Development standards — General requirements.0 SHARE
A. Alterations of geologically hazardous areas or associated buffers may only occur for activities that:
1. Will not increase the threat of the geological hazard to adjacent properties beyond predevelopment
conditions;
2. Will not adversely impact other critical areas;
3. Are designed so that the hazard to the project is eliminated or mitigated to a level equal to or less than
predevelopment conditions; and
4. Are certified as safe as designed and under anticipated conditions by a qualified engineer or geologist,
licensed in the state of Washington.
B. Critical Facilities Prohibited. Critical facilities shall not be sited within geologically hazardous areas
unless there is no other practical alternative. [Ord. 3527 § 2, 2004].
23.80.070 Development standards — Specific hazards.0 SHARE
A. Erosion and Landslide Hazard Areas. Activities on sites containing erosion or landslide hazards shall
meet the requirements of ECDC 23.80.060, Development Standards — General Requirements, and the
specific following requirements:
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1. Minimum Building Setback. The minimum setback shall be the distance required to ensure the
proposed structure will not be at risk from landslides for the life of the structure, considered to be one
hundred and twenty 0 20) years and will not cause an increased risk of landslides taking place on or off
the site. -Buffer- v o,,,,;,.o,. ent. A setback buffer- shall be established from all edges of landslide hazard
areas. The size of the setbackbuffer shall be determined by the director consistent with recommendations
provided in the geotechnical report to eliminate or minimize the risk of property damage, death, or
injury resulting from landslides caused in whole or part by the development, based upon review of and
concurrence with a critical areas report prepared by a qualified professional.
2. Buffer Requirements. A buffer may be established with specific requirements and limitations,
including but not limited to, drainage, grading, irrigation, and vegetation. Buffer requirements shall be
determined by the director consistent with recommendations provided in the geotechnical report to
eliminate or minimize the risk of property damage, death, or injury resulting from landslides caused in
whole or part by activities within the buffer area, based upon review of and concurrence with a critical
areas report prepared byqualified professional.
M !llFsT''.f�Efff!T'RG�t'J:�'iTST��:SR'�'.F'3'iT�'.f
:.ins,,.�,�:.�.�.�.��.�•.•.:..�:.�.� �..�-
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i�se���!ser�..�ssr�srss�:rerssse�s�rsrs�e�.�.
23. Alterations. Alterations of an erosion or landslide hazard area, minimum building setback and/or
buffer may only occur for activities for which a hazards analysis is submitted and certifies that:
a. The alteration developmenwill not increase surface water discharge or sedimentation to adjacent
properties beyond predevelopment conditions;
b. The alterationdeve opener* will not decrease slope stability on adjacent properties; and
c. Such alterations will not adversely impact other critical areas;
3. Design Standards within erosion and landslide hazard areas. Development within an erosion or
landslide hazard area and/or buffer shall be designed to meet the following basic requirements unless it
can be demonstrated that an alternative design that deviates from one or more of these standards
provides greater long-term slope stability while meeting all other provisions of this title. The
requirement for long-term slope stability shall exclude designs that require regular and periodic
maintenance to maintain their level of function. The basic development design standards are:
a. The proposed development shall not decrease the factor of safety for landslide occurrences below the
limits of 1.5 for static conditions and 1.2 for dynamic conditions. If stability at the proposed
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Environmentally Critical Areas — May 3, 2016
development site is below these limits, the proposed development shall provide practicable approaches
to reduce risk to human safety and improve the factor of safety for landsliding. In no case shall the
existing factor of safety be reduced for the subject property or adjacent properties;
b. Structures and improvements shall be clustered to avoid geologically hazardous areas and other
critical areas;
c. Structures and improvements shall minimize alterations to the natural contour of the slope, and
foundations shall be tiered where possible to conform to existing topography;
d. Structures and improvements shall be located to preserve the most critical portion of the site and its
natural landforms and vegetation;
e. The proposed development shall not result in greater risk or a need for increased buffers on
neighboring properties;
f. The use of retaining walls that allow the maintenance of existing natural slope area is preferred over
graded artificial slopes; and
g. Development shall be designed to minimize impervious lot coverage;
4. Vegetation Retention. Unless otherwise provided or as part of an approved alteration, removal of
vegetation from an erosion or landslide hazard area or related buffer shall be prohibited;
5. Seasonal Restriction. Clearing shall be allowed only from May 1 st to October 1 st of each year;
provided, that the director may extend or shorten the dry season on a case -by -case basis depending on
actual weather conditions, except that timber harvest, not including brush clearing or stump removal,
may be allowed pursuant to an approved forest practice permit issued by the city of Edmonds or the
Washington State Department of Natural Resources;
6. Point Discharges. Point discharges from surface water facilities and roof drains onto or upstream from
an erosion or landslide hazard area shall be prohibited except as follows:
a. Conveyed via continuous storm pipe downslope to a point where there are no erosion hazard areas
downstream from the discharge;
b. Discharged at flow durations matching predeveloped conditions, with adequate energy dissipation,
into existing channels that previously conveyed storm water runoff in the predeveloped state; or
c. Dispersed discharge upslope of the steep slope onto a low -gradient, undisturbed buffer demonstrated
to be adequate to infiltrate all surface and storm water runoff, and where it can be demonstrated that
such discharge will not increase the saturation of the slope; and
7. Prohibited Development. On -site sewage disposal systems, including drain fields, shall be prohibited
within erosion and landslide hazard areas and related buffers.
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Environmentally Critical Areas — May 3, 2016
B. Earth Subsidence and Landslide Hazard Area. In addition to the requirements of this chapter,
development proposals for lands located within the earth subsidence and landslide hazard area as
indicated on the critical areas inventory shall be subject to the provisions of Chapter 19.10 ECDC.
C. Seismic Hazard Areas. Activities proposed to be located in seismic hazard areas shall meet the
standards of ECDC 23.80.060, Development Standards — General Requirements. [Ord. 3527 § 2, 2004].
Page 83 of 101
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City of Edmonds — City Code and Community Development Code
Environmentally Critical Areas — May 3, 2016
Figure 23.80.000
CITY OF EDIM ONDS CRITICAL AREAS
Critical Areas Compliance Requirements*
Geologically Hazardous Areas
Geologically
Ge D•Hazard Assessment Geo•Hatard assess- Geotechnical Report
Development
h azardou5 area
REQUI REM ENTS[u ment rand udes REQUIREMENT to
a nc roaches within
(geo•hazard) may be
id en ti hj cla s5dicat ion and jurisdictional delineate boundaries
delineated
located on or near
location of geo-hazard. geo-hazard area and extenIof
geo-hazard area
subject parcel.
located with in 200 R geo-hazard area-
andlorminimum
of subject parcel.
bu ild i n g setback,
Geo-Hazard assessment
concludes nojurisdic- Development avoids
Geotechnical Report
tional geo•hatard geo-h atard area and
REQUIREMENT to identify
located -200 Rfro m required minimum
design modifications and
subject parcel, build ing setbac k
mitigation sufficient to
buffer.
avoid additional potential
risk associated with
development in and
around geo-hazard areas.
N o additiona I
compliance
requirements. No ad ditiona I
compliance
required.
No additional
compliance requirements
upon implementation of
geotechnical
recommendations
'Report requirements may be metthrough submission of a single critical area report o multiple reports in cam binatlan.
Page 84 of 101
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Environmentally Critical Areas — May 3, 2016
Chapter 23.90
FISH AND WILDLIFE HABITAT CONSERVATION AREAS
Sections:
Part I. Designation, Rating and Mapping
23.90.000 Fish and wildlife habitat conservation areas compliance requirements flowchart.
23.90.010 Designation, rating and mapping —Fish and wildlife habitat conservation areas.
Part II. Additional Report Requirements — Fish and Wildlife Habitat Conservation Areas
23.90.020 Special study and report requirements — Fish and wildlife habitat conservation areas.
Part III. Development Standards — Fish and Wildlife Habitat Conservation Areas
23.90.030 Development standards — General requirements.
23.90.040 Development standards — Specific habitats.
Part I. Designation, Rating and Mapping
23.90.000 Fish and wildlife habitat conservation areas compliance requirements
flowchart.O SHARE
See Figure 23.90.000 at the end of this chapter. [Ord. 3527 § 2, 2004].
23.90.010 Designation, rating and mapping — Fish and wildlife habitat conservation
areas. SHARE
A. Fish and wildlife habitat conservation areas in the city of Edmonds include:
1. Streams. Within the city of Edmonds streams shall include those areas 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 shall be classified in
accordance with the Washington Department of Natural Resources water typing system (WAC 222-16-
030) hereby adopted in its entirety by reference and summarized as follows:
a. Type S: streams inventoried as "shorelines of the state" under Chapter 90.58 RCW and the rules
promulgated pursuant to Chapter 90.58 RCW;
b. Type F: streams which contain fish habitat;
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c. Type Np: perennial nonfish habitat streams; and
d. Type Ns: seasonal nonfish habitat streams.
All streams included on the inventory that are known to exist within the city of Edmonds do not meet
criteria for "shorelines of the state" but contain fish habitat and, thus, meet designation criteria for Type
F waters pursuant to WAC 222-16-030. However, not all Edmonds streams support anadromous fish
populations or have the potential for anadromous fish occurrence because of obstructions, blockages or
access restrictions resulting from existing conditions. Therefore, in order to provide special
consideration of and increased protection for anadromous fish in the application of development
standards, Edmonds streams shall be further classified as follows:
Anadromous fishbearing streams: streams existing in whole or in part within the city of Edmonds in
which anadromous fish are known to occur. As of 2004, Edmonds fishbearing streams are known to
include Willow Creek, Shellabarger Creek, Shell Creek, Hindley Creek, Perrinville Creek, and Lunds
Creek; and
Nonanadromous fishbearing streams: streams existing in whole or in part within the city of Edmonds
which do not support anadromous fish populations and do not have the potential for anadromous fish
occurrence because of barriers to fish passage or lack of suitable habitat.
Streams with anadromous fish occurrence were identified in the Edmonds Stream Inventory and
Assessment, a 2002 report of Pentec Environmental which is incorporated by this reference as if herein
set forth. The city of Edmonds advocates and encourages the removal of barriers to anadromous fish
passage consistent with the purposes and objectives of this title. The director may provide updated
information on the occurrence of anadromous fish in Edmonds streams consistent with changes in
existing environmental conditions.
2. Areas with *Atieh-which State or Federally Designated Endangered, Threatened, and Sensitive
Species Have a Primary Association, or offer important fish and wildlife habitat within the urban
environment_
a. Federally designated endangered and threatened species are those fish and wildlife species identified
by the U.S. Fish and Wildlife Service and the NOAA Fisheries that are in danger of extinction or
threatened to become endangered. The U.S. Fish and Wildlife Service and the National Marine Fisheries
Service should be consulted for current listing status.
b. State -designated endangered, threatened, and sensitive species are those fish and wildlife species
native to the state of Washington identified by the Washington Department of Fish and Wildlife, that are
in danger of extinction, threatened to become endangered, vulnerable, or declining and are likely to
become endangered or threatened in a significant portion of their range within the state without
cooperative management or removal of threats. State -designated endangered, threatened, and sensitive
species are periodically recorded in WAC 232-12-014 (state endangered species) and WAC 232-12-011
(state threatened and sensitive species). The state Department of Fish and Wildlife maintains the most
current listing and should be consulted for current listing status.
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3. State Priority Habitats and Areas Associated with State Priority Species. Priority habitats and species
are considered to be priorities for conservation and management. Priority species require protective
measures for their perpetuation due to their population status, sensitivity to habitat alteration, and/or
recreational, commercial, or tribal importance. Priority habitats are those habitat types or elements with
unique or significant value to a diverse assemblage of species. A priority habitat may consist of a unique
vegetation type or dominant plant species, a described successional stage, or a specific structural
element. Priority habitats and species are identified by the state Department of Fish and Wildlife.
4. Habitats and Species of Local Importance. Habitats and species of local importance are those
identified by the city of Edmonds, including but not limited to those habitats and species that, due to
their population status or sensitivity to habitat manipulation, warrant protection. Habitats may include a
seasonal range or habitat element with which a species has a primary association, and which, if altered,
may reduce the likelihood that the species will maintain and reproduce over the long term.
5. Commercial and Recreational Shellfish Areas. These areas include all public and private tidelands or
bedlands suitable for shellfish harvest, including shellfish protection districts established pursuant to
Chapter 90.72 RCW.
6. Kelp and eelgrass beds and herring and smelt spawning areas.
7. Naturally Occurring Ponds Under 20 Acres. Naturally occurring ponds are those ponds under 20 acres
and their submerged aquatic beds that provide fish or wildlife habitat, including those artificial ponds
intentionally created from dry areas in order to mitigate impacts to ponds. Naturally occurring ponds do
not include ponds deliberately designed and created from dry sites, such as canals, detention facilities,
wastewater treatment facilities, farm ponds, temporary construction ponds, and landscape amenities,
unless such artificial ponds were intentionally created for mitigation.
8. Waters of the State. Waters of the state include lakes, rivers, ponds, streams, inland waters,
underground waters, salt waters, and all other surface waters and watercourses within the jurisdiction of
the state of Washington, as classified in WAC 222-16-031 (or WAC 222-16-030, depending on
classification used).
B. All areas within the city of Edmonds meeting one or more of these criteria, regardless of any formal
identification, are hereby designated critical areas and are subject to the provisions of this title and shall
be managed consistent with the best available science, such as the Washington Department of Fish and
Wildlife's Management Recommendations for Priority Habitat and Species.
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C. Mapping. The approximate location and extent of fish and wildlife habitat conservation areas are
shown on the city of Edmonds critical areas inventory. Resources providing information on the location
and extent of fish and wildlife habitat conservation areas incorporated into the inventory include:
1. Washington Department of Fish and Wildlife priority habitat and species maps;
2. Washington State Department of Natural Resources official water type reference maps, as amended;
3. Washington State Department of Natural Resources Puget Sound intertidal habitat inventory maps;
4. Washington State Department of Natural Resources shorezone inventory;
5. Washington State Department of Natural Resources Natural Heritage Program mapping data;
6. Washington State Department of Health annual inventory of shellfish harvest areas;
7. Anadromous and resident salmonid distribution maps contained in the habitat limiting factors reports
published by the Washington Conservation Commission; and
8. Washington State Department of Natural Resources state natural area preserves and natural resource
conservation area maps.
The critical areas inventory and the resources cited above are to be used as a guide for the city of
Edmonds development services department, project applicants, and/or property owners and should be
continuously updated as new critical areas are identified. They are a reference and do not provide a final
critical areas designation. [Ord. 3527 § 2, 2004].
Part IL Additional Report Requirements — Fish and Wildlife Habitat Conservation Areas
23.90.020 Special study and report requirements — Fish and wildlife habitat
conservation areas.0 SHARE
In addition to the general critical areas report requirements of ECDC 23.40.090, critical area reports for
fish and wildlife habitat conservation areas must meet the requirements of this section. Critical areas
reports for two or more types of critical areas must meet the report requirements for each relevant type
of critical area.
A. Preparation by a Qualified Professional. A critical areas report for a fish and wildlife habitat
conservation area shall be prepared by a qualified professional who is a biologist with experience
preparing reports for the relevant type of habitat. Pursuant to ECDC 23.40.090(A), applicants may
choose one of the qualified technical consultants on the city's approved list in preparing critical areas
reports for fish and wildlife habitat conservation areas, or may utilize an alternative consultant. Critical
areas studies and reports developed by an alternative consultant shall be subject to independent review
pursuant to ECDC 23.40.090(B).
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Environmentally Critical Areas — May 3, 2016
B. Areas Addressed in Critical Areas Report. The following areas shall be addressed in a critical areas
report for fish and wildlife habitat conservation areas:
1. The project area of the proposed activity;
2. All fish and wildlife habitat conservation areas and recommended buffers within 200 feet of the
project area; and
3. All shoreline areas, floodplains, other critical areas, and related buffers within 200 feet of the project
area; and-
4. A discussion of the efforts to avoid and minimize potential effects to these resources and the
implementation of mitigation/enhancement measures as required.
C. Habitat Assessment. A habitat assessment is an investigation of the project area to evaluate the
potential presence or absence of designated critical fish or wildlife species or habitat. A critical areas
report for a fish and wildlife habitat conservation area shall contain an assessment of habitats, including
the following site- and proposal -related information at a minimum:
1. Detailed description of vegetation on and adjacent to the project area and its associated buffer;
2. Identification of any species of local importance, priority species, or endangered, threatened,
sensitive, or candidate species that have a primary association with habitat on or adjacent to the project
area, and assessment of potential project impacts to the use of the site by the species;
3. A discussion of any federal, state, or local special management recommendations, including
Washington Department of Fish and Wildlife habitat management recommendations, that have been
developed for species or habitats located on or adjacent to the project area.
D. Additional Technical Information Requirements for Streams. Consistent with specific development
standards for Edmonds streams (ECDC 23.90.040(D)), critical areas report requirements for streams
may be met, at the discretion of the director, through submission of one or more specific report types. If
stream buffer enhancement is proposed to reduce a standard stream buffer width or as part of project
mitigation required by the director, a stream buffer enhancement plan may be submitted to fulfill the
requirements of this section. If no project impacts are anticipated and standard stream buffer widths are
retained, a stream survey report, general critical areas report or other reports alone or in combination
may be submitted as consistent with the specific requirements of this section. In addition to the basic
critical areas report requirements for fish and wildlife habitat conservation areas provided in subsections
(A) through (C) of this section, technical information on streams shall include the following information
at a minimum:
1. A written assessment and accompanying maps of the stream and associated hydrologic features within
200 feet of the project area, including the following information at a minimum:
a. Stream survey showing the ordinary high water mark(s);
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b. Standard stream buffer boundary;
c. Boundary for proposed reduced stream buffers;
d. Vegetative, faunal, and hydrologic characteristics;
e. Soil and substrate conditions; and
f. Topographic elevations, at two -foot contours;
2. A detailed description and functional assessment of the stream buffer under existing conditions
pertaining to the protection of stream functions, fish habitat and, in particular, potential anadromous
fisheries;
3. A habitat and native vegetation conservation strategy that addresses methods to protect and enhance
on -site habitat and stream functions;
4. Proposed buffer enhancement, if needed, including a written assessment and accompanying maps and
planting plans for buffer areas to be enhanced, including the following information at a minimum:
a. A description of existing buffer conditions;
b. A description of proposed buffer conditions and how proposed conditions will increase buffer
functioning in terms of stream and fish habitat protection;
c. Performance standards for measuring enhancement success through a monitoring period of at least
three years; and
d. Provisions for monitoring and submission of monitoring reports documenting buffer conditions as
compared to performance standards for enhancement success;
5. A discussion of ongoing management practices that will protect stream functions and habitat value
through maintenance of vegetation density within the stream buffer. [Ord. 3527 § 2, 2004].
Part III. Development Standards — Fish and Wildlife Habitat Conservation Areas
23.90.030 Development standards — General requirements.0 SHARE
A. Alterations. A fish and wildlife habitat conservation area may be altered only if the proposed
alteration of the habitat or the mitigation proposed does not degrade the quantitative and qualitative
functions and values of the habitat. There are no specific development standards for upland habitats of
local importance unless these areas include another critical area (streams, heron rookeries, steep slopes,
etc.). City staff will review the critical areas report (ECDC 23.90.020) and work with the applicant to
minimize effects or improve conditions to upland habitat.
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B. Approvals of Activities. The director shall condition approvals of activities allowed within or
adjacent to a habitat conservation area or its buffers as necessary to minimize or mitigate any potential
adverse impacts. Conditions shall be based on the best available science and may include, but are not
limited to, the following:
1. Establishment of buffer zones;
2. Preservation of critically important vegetation and/or habitat features such as snags and downed
wood;
3. Limitation of access to the habitat area, including fencing to deter unauthorized access;
4. Seasonal restriction of construction activities;
5. Establishment of a duration and timetable for periodic review of mitigation activities; and
6. Requirement of a performance bond, when necessary, to ensure completion and success of proposed
mitigation.
C. Mitigation and Equivalent or Greater Biological Functions. Mitigation of alterations to fish and
wildlife habitat conservation areas shall achieve equivalent or greater biologic and hydrologic functions
and shall include mitigation for adverse impacts upstream or downstream of the development proposal
site. Mitigation shall address each function affected by the alteration to achieve functional equivalency
or improvement on a per function basis. Mitigation shall be located on -site except when demonstrated
that a higher level of ecological functioning would result from an off -site location. Mitigation shall be
detailed in a fish and wildlife habitat conservation area mitigation plan, which may include the following
as necessary:
1. A native vegetation planting plan;
2. Plans for retention, enhancement or restoration of specific habitat features;
3. Plans for control of nonnative invasive plant or wildlife species; and
4. Stipulations for use of innovative, sustainable building practices.
D. Approvals and the Best Available Science. Any approval of alterations or impacts to a fish and
wildlife habitat conservation area shall be supported by the best available science.
E. Buffers.
1. Establishment of Buffers. The director shall require the establishment of temporary or permanent
buffer areas for permitted activities adjacent to fish and wildlife habitat conservation areas which may
result in fish or wildlife disturbance (e.g., construction, grading, etc.) when needed to protect fish and
wildlife habitat conservation areas. Establishment of buffers shall follow recommendations set forth by a
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qualified biologist in the project critical areas report. Required buffer widths shall reflect the sensitivity
of the habitat and the type and intensity of human activity proposed to be conducted nearby and shall be
consistent with the management recommendations issued by the Washington Department of Fish and
Wildlife.
2. Seasonal and Daily Timing Restrictions. When a species is more susceptible to adverse impacts
during specific periods of the year or day, seasonal restrictions on permitted activities within or adjacent
to fish and wildlife habitat conservation areas may be required at the discretion of the director pursuant
to recommendations set forth in a critical areas report.
F. Signs and Fencing of Fish and Wildlife Habitat Conservation Areas.
1. Temporary Markers. The outer perimeter of the fish and wildlife habitat conservation area or buffer
and the limits of those areas to be disturbed pursuant to an approved permit or authorization shall be
marked in the field as required by the director in such a way as to ensure that no unauthorized intrusion
will occur. This temporary marking shall be maintained throughout construction and shall not be
removed until permanent signs, if required, are in place.
2. Permanent Signs. As a condition of any permit or authorization issued pursuant to this chapter, the
director may require the applicant to install permanent signs along the boundary of a fish and wildlife
habitat conservation area or buffer.
a. Permanent signs shall be made of a metal face and attached to a metal post or another material of
equal durability. Signs must be posted at an interval of one per lot or every 50 feet, whichever is less,
and must be maintained by the property owner in perpetuity. The sign shall be worded as follows or with
alternative language approved by the director:
Fish and Wildlife Habitat
Conservation Area
Do Not Disturb
Contact the City of Edmonds
Regarding Uses and Restriction
b. The provisions of subsection (F)(2)(a) of this section may be modified by the director as necessary to
assure protection of sensitive features or wildlife.
3. Fencing.
a. The director shall determine if fencing is necessary to protect the functions and values of the critical
area. If found to be necessary, the director shall condition any permit or authorization issued pursuant to
this chapter to require the applicant to install a permanent fence at the edge of the fish and wildlife
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habitat conservation area or buffer, when fencing will prevent future impacts to the fish and wildlife
habitat conservation area.
b. The applicant shall be required to install a permanent fence around the fish and wildlife habitat
conservation area or buffer when domestic grazing animals are present or may be introduced on -site.
c. Fencing installed as part of a proposed activity or as required in this subsection shall be designed so as
to not interfere with species migration, including fish runs, and shall be constructed in a manner that
minimizes habitat impacts. [Ord. 3527 § 2, 2004].
23.90.040 Development standards — Specific habitats." S"RRE
A. Endangered, Threatened, and Sensitive Species.
1. No development shall be allowed within a fish and wildlife habitat conservation area or buffer with
which state or federally endangered, threatened, or sensitive species have a primary association, except
that which is provided for by a management plan established by the Washington Department of Fish and
Wildlife or applicable state or federal agency.
2. Whenever activities are proposed adjacent to a fish and wildlife habitat conservation area with which
state or federally endangered, threatened, or sensitive species have a primary association, such area shall
be protected through the application of protection measures in accordance with a critical areas report
prepared by a qualified professional and approved by the director. Approval for alteration of land
adjacent to the fish and wildlife habitat conservation area or its buffer shall not occur prior to
consultation with the Washington Department of Fish and Wildlife for animal species, the Washington
State Department of Natural Resources for plant species, and other appropriate federal or state agencies.
3. Bald eagle habitat is subject to the Federal Bald and Golden Eagle Protection Act. Washington State
bald eagle protection rules (WAC 232-12-292) shall not be required as long as bald eagles are not listed
as a State Endangered or Threatened species. -Bald eagle habitat shall be „roteetea pufsuant *^
Washington State bald eagle pr-oteetion fules (ALAC 232 12 222). Whenever- aetiviti sed
within 800 feet ef a verified nest teffitefy er- ee a! r-eest, a habitat ma-nagem&4 plan shall be
developed by a qualified professional. The dir-eeter- shall verify the loeation of eagle managemen4 areas
management plan by the Washington Depat4meat of Fisand Wildlife.
B. Anadromous Fish.
1. All activities, uses, and alterations proposed to be located in water bodies used by anadromous fish or
in areas that affect such water bodies shall give special consideration to the preservation and
enhancement of anadromous fish habitat, including, but not limited to, adhering to the following
standards:
a. Activities shall be timed to occur only during the allowable work window as designated by the
Washington Department of Fish and Wildlife for the applicable species;
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b. An alternative alignment or location for the activity is not feasible;
c. The activity is designed so that it will not degrade the functions or values of the fish habitat or other
critical areas;
d. Shoreline erosion control measures shall be designed to use bioengineering methods or soft armoring
techniques, according to an approved critical areas report; and
e. Any impacts to the functions or values of the fish and wildlife habitat conservation area are mitigated
in accordance with an approved critical areas report.
2. Structures that prevent the migration of salmonids shall not be allowed in the portion of water bodies
currently or historically used by anadromous fish. Fish bypass facilities shall be provided that allow the
upstream migration of adult fish and shall prevent fry and juveniles migrating downstream from being
trapped or harmed.
3. Fills, when authorized, shall not adversely impact anadromous fish or their habitat or shall mitigate
any unavoidable impacts and shall only be allowed for a water -dependent use.
C. Retention of Vegetation on Subdividable, Undeveloped Parcels. As a provision of this title, the
director shall require retention of a minimum of 30 percent of native vegetation on undeveloped (or
redeveloped), subdividable lands zoned as RS-12 or RS-20 per Chapter 16.10 ECDC. This standard for
development shall apply to all undeveloped (or redeveloped), subdividable lands zoned RS-12 or RS-20
r-egafdless of the petei4ial fer- designation as a fish a -ad wildlife habitat eensefvafien afea or- ethef er-itieal.
afeathat contain a landslide hazard area as defined by ECDC 23.80.020.B; a stream or stream buffer; or
a wetland or wetland buffer, except for as provided in ECDC 23.90.040.C.4._This provision for native
vegetation retention will provide increased protection of fish and wildlife habitat throughout the
Edmonds jurisdiction, and shall be applied consistent with the following criteria:
1. Achieving the minimum 30 percent retention requirement for native vegetation shall be determined by
assessing the existing site area that supports native vegetation. For purposes of this provision, areas that
support native vegetation shall include areas dominated by plant species which are indigenous to the
Puget Sound region, which reasonably could have been expected to naturally occur on the site, and
within which native trees over 6 inches in diameter at breast height (DBH,) make up more than 40
percent of the canopy cover.
2. The goal of 30 percent native vegetation can be met through maintaining existing native vegetation,
establishing native vegetation, or a combination of both.
3. A vegetation management plan, subject to the approval of the director, is required for approval of the
proposed development.
4. For undeveloped (or redeveloped), subdividable lands zoned as RS-12 or RS-20 that currently do not
support any native vegetation areas meeting minimum requirements in ECDC 23.90.040.C.1, the
director may waive the requirements of this provision.
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D. Streams. No alteration to a stream or stream buffer shall be permitted unless consistent with the
provisions of this title and the specific standards for development outlined below.
1. Standard Stream Buffer Widths. Buffers for streams shall be measured on each side of the stream,
from the ordinary high water mark. The following shall be the standard buffer widths for streams based
upon the Washington State Department of Natural Resources water typing system and further
classification based upon fish presence (fishbearing vs. nonfishbearing) for the Type F streams existing
in the city of Edmonds:
a. Type S: 150 feet;
b. Type F anadromous fishbearing stream adjacent to reaches with anadromous fish access: 100 feet;
c. Type F anadromous fishbearing stream adjacent to reaches without anadromous fish access: 75 feet;
d. Type F nonanadromous fishbearing stream: 75 feet;
e. Type Np: 50 feet;
f. Type Ns: 2-5 40 feet.
General areas and stream reaches with access for anadromous fish are indicated on the city of Edmonds
critical areas inventory. The potential for anadromous fish access shall be confirmed in the field by a
qualified biologist as part of critical areas review and determination of standard stream buffer widths.
2. Reduced Stream Buffer Widths. Standard stream buffer widths may be reduced by no more than -58
twenty five percent (25%) of the standard stream buffer width concomitant to development and
implementation of a stream buffer enhancement plan approved by the director. Reduced stream buffer
widths shall only be approved by the director if a stream buffer enhancement plan conclusively
demonstrates that enhancement of the reduced buffer area will not degrade the quantitative and
qualitative functions and values of the buffer area in terms of fish and stream protection and the
provision of wildlife habitat. Stream buffer enhancement plans must meet the specific requirements of
ECDC 23.40.110, 23.40.120 and 23.40.130 and:
a. ,
than a s*.,n.a.,r buffer- without onhaneem e The buffer enhancement plan proposed as part of buffer
reduction provides evidence that functions and values in terms of stream and wildlife protections will
b��equivalent to or- greater- than a standard buffer- without enhaneement:
i. Increased or retained through plan implementation for those streams where existing buffer vegetation _
is generally intact; or
ii. Increased through plan implementation for those streams where existing buffer vegetation is
inadequate to protect the functions and values of the stream;
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b. The plan documents existing native plant densities and provides for increases in buffer native plant
densities to no less than three feet on center for shrubs and eight feet on center for trees;
c. The plan requires monitoring and maintenance to ensure success for a minimum of five J51years
in accordance with ECDC 23.40.130(D) and (E); and
d. The plan specifically documents methodology and provides performance standards for assessing
increases in stream buffer functioning as related to:
i. Water quality protection;
ii. Provision of wildlife habitat;
iii. Protection of anadromous fisheries;
iv. Enhancement of fish habitat; and
v. Restricting intrusion and disturbance.
3. Stream Buffer Width Averaging with Enhancement. The director may allow modification of a
standards stream buffer width in accordance with an approved critical areas report and the best
available science on a case -by -case basis by averaging buffer widths. Any allowance for averaging
buffer widths shall only be granted concomitant to the development and implementation of a buffer
enhancement plan for areas of buffer degradation. Only those portions of a stream buffer existing within
the project area or subject parcel shall be considered in the total buffer area for buffer averaging.
Averaging of buffer widths may only be allowed where a qualified professional demonstrates that:
a. The buffer enhancement plan proposed as part of buffer averaging_ provides evidence that functions
and values in terms of stream and wildlife protections will be:
i. Increased or retained through plan implementation for those streams where existing buffer vegetation
is generally intact; or
ii. Increased through plan implementation for those streams where existing buffer vegetation is
inadequate to protect the functions and values of the stream;
b. The total area contained in the buffer area, or the total buffer area existing on a subject parcel for a
stream extending off -site, after averaging is no less than that which would be contained within the
standard buffer;
bc. The buffer width at any single location is not reduced to less than 54 by more the twenty-five25%)
percent of the r-edtteed of standard width; and
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4. Additions to Structures Existing within Stream Buffers.
a. Additions to legally constructed structures existing within stream buffers that increase the footprint of
development or impervious surfacing shall be permitted consistent with the development standards of
this chapter (ECDC 23.90.030 and this section) —provided that a buffer enhancement plan is provided to
mitigate for impacts consistent with this Title, and provided that all impacts from temporary
disturbances within the critical area buffer shall be addressed through use of best management plans and
buffer enhancement plantings during and following construction of the allowed alteration. Provisions for
standard stream buffers, hu�r- r-eQuetiens dffough enhaneement,stream buffer averaging with
enhancement, and buffer reductions through enhancement require applicants to locate such additions in
accordance with the following sequencing:
ai. Outside of the standard stream buffer;
hii. Outside of a stream buffer reduced through enhaneem ntaveraged ((with enhancement) per
subsection (D)(�3) of this section;
Eiii. Outside of a stream buffer reduced (with enhancement) *h,.ettgh, bttff-e .,..o,..,,.;,,,, per subsection
(D)(32) of this section; or
div. Outside of the inner twenty five percent (25%) per-eent of the standard stream buffer width thr-eugk
the tise o4'both btiff r- r-ed ,etio,, and btiff r ae with no more than three hundred (300)square feet
of structure addition footprint within the inner fifty percent (50%) of the standard stream buffer width,
provided that enhancement is provided at a minimum three -to -one (3:1, ratio(enhancement-to-impact).
v. Outside of the inner 25 oercent of the standard stream buffer width with no more than five hundred
(500)square feet of new footprint within the inner fifty percent (50%) of the standard stream buffer
width, provided that enhancement is provided at a minimum five -to -one (5:1,) ratio (enhancement -to -
impact), and that stormwater low impact development (LID)techniques or other measures that enhance
existing buffer condition are included as part of the stream buffer enhancement plan.
b. Where meeting stream buffer enhancement reauirements reauired by H.1. of this section would result
in enhancement that is separated from the critical area due to uncommon property ownership, alternative
enhancement approaches may be gpproved by the director. Alternative approaches could include a
vegetated rain garden that receives storm runoff, replacement of existing impervious surfaces with
pervious materials, or other approaches that provide ecological benefits to the adjacent critical area.
c. Additions to legally constructed structures existing within stream buffers that cannot be
accommodated in accordance with the above sequencing (i.e., additions proposed within the inner 25
percent of a standard buffer width) may be permitted at the director's discretion as a variance subject to
review by the city hearing examiner and the provisions of ECDC 23.40.210.
5. Development Proposals within the Footprint of Existing Development. New development shall be
allowed within the footprint of existing development occurring within a stream buffer, provided that the
following conditions are met:
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a. The footprint of existingdevelopment evelopment was legally established, and is consistent with the definition
provided in ECDC 23.40.320;
b. The proposed development within the footprint of existingdevelopment evelopment is sited as far away from the
stream edge as is feasible;
c. As part of the development proposal, opportunities to reduce the footprint of existing _ development evelopment are
implemented where such reduction would increase the buffer width adjacent to the stream and not
represent an undue burden given the scale of the proposed development.
d. The proposed development includes enhancement to the adjacent remaining stream buffer in order to
improve functions degraded by previous development;
e. Enhancement is provided as buffer enhancement for an equivalent area of the footprint of the newly
proposed development within the footprint of existingdevelopment evelopment occurring in stream buffer, or
through an alternative approach approved by the director that restores degraded functions of the wetland
and remaining buffer; and
f. Impacts from temporary disturbances within the stream buffer shall be addressed through use of best
management _ plans and buffer enhancement plantingsg and following construction of the allowed
alteration.
-56. Stream Crossings. Stream 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 stream mitigation and buffer enhancement plan
approved by the director, and maintained and monitored per the requirements of ECDC 23.40.110,
23.40.120 and 23.40.130 and providing for buffer enhancement in accordance with the requirements of
subsection (D)(2) of this section. In addition, the applicant must demonstrate that best management
practices will be used during construction to provide the following:
a. Fisheries protection, including no interference with fish migration or spawning;
b. 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;
c. Crossings shall not occur over salmonid spawning areas unless no other possible crossing site exists;
d. Crossings and culverted portions of the stream shall be minimized to the extent feasible and serve
multiple purposes and multiple lots whenever possible;
e. 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 ground water as it affects the stream;
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f. Roads and utilities shall be designed in conjunction to minimize the area of disturbance to the stream;
a*d
g. 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 cityi
h. An alternative alignment or location with less impact is not feasible; and
i. The crossing will be designed as near as perpendicular with the water body as possible..
67. Trails. After reviewing the proposed development and technical reports, the director may determine
that a pedestrian -only trail may be allowed in a stream buffer; provided, non�mpervioussur€aee
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.
-78. Storm Water Management Facilities. Storm water management facilities, limited to outfalls, pipes
and conveyance systems, storm water dispersion outfalls and bioswales, may be allowed within stream
buffers; provided, that:
a. No other location is feasible;
b. Pipes and conveyance facilities will be in the outer twenty five percent 25%) of the buffer;
c. Stormwater dispersion outfalls, bioswales, and bioretention facilities may be allowed anywhere within
stream buffers,
d. Such facilities are designed consistent with requirements of ECDC Chapter 18.30; and
he. The location and function of such facilities will not degrade the functions or values of the stream or
stream buffer.
.99. City Discretion in Protection, Enhancement and Preservation of Streams. The city of Edmonds is
unique within the state of Washington as a built -out community with streams that have been
incorporated within, and often located immediately adjacent to, residential development. This title
allows the director full discretion to condition proposals for development on parcels containing, adjacent
to, or potentially impacting streams to enhance conditions consistent with ECDC 23.40.050 and the
purposes and objectives of this title. Conditions on development shall be required to enhance streams
and stream buffers as fish and wildlife habitat conservation areas to provide increased protection of
anadromous fisheries and potential fish habitat in accordance with best available science and the
recommendations of an approved critical areas report and may include:
a. Removal of stream bank armoring;
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b. In -stream habitat modification;
c. Native planting;
d. Relocation of stream channel portions to create contiguous riparian corridors or wildlife habitat;
e. Planting of stream bank native vegetation to increase stream shading;
f. Removal and control of nonnative, invasive weed species;
g. Requiring additional building setbacks or modified buffers; and
h. Limiting or reducing the types or densities of particular uses.
The right of discretion in provisioning development in regard to streams is maintained in order to
provide for the creation of enhanced conditions over those currently existing around streams in the city
of Edmonds. In all instances where an applicant cannot demonstrate that standard stream buffer widths
as provided in subsection (D)(1) of this section can be accommodated by project development, the
applicant shall be required to submit a stream buffer enhancement plan or a stream mitigation and buffer
enhancement plan as part of a critical areas report indicating that post -project site conditions will
provide equivalent or greater protection of stream functions and fish habitat over a standard stream
buffer and existing site conditions. [Ord. 3527 § 2, 2004].
Page 100 of 101
Attachment A
Figure 23.90.000
City of Edmonds — City Code and Community Development Code
Environmentally Critical Areas — May 3, 2016
CITY OF EDMONDS CRITICAL AREAS
Critical Areas Compliance Requirements"
Fish and Wildlife Habitat Conservation Areas
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'Report requirements may be met through submission of a single critical area report or multiple reports in combination.
Page 101 of 101
Attachment B
19.00.025 International Building Code section amendments.
The following sections of the IBC are hereby amended as follows:
A. Section 104.3, Notices and Orders, is amended to read:
The building official shall issue all necessary notices or orders to ensure compliance with this
code. The building official is also authorized to use Chapter 20.110 ECDC for code compliance
in addition to the remedies provided for in this code.
B. Section 105.1.1, Annual Permit, is deleted.
C. Section 105.1.1, Demolition Permits, is added and shall read:
Before the partial or complete demolition of any building or structure (interior or exterior), a
demolition permit shall be obtained from the building official. The permit fee is established
pursuant to Chapter 19.70 ECDC. The applicant shall also post with the city, prior to permit
issuance, a performance bond, or frozen fund, conforming to Chapter 17.10 ECDC herein, in an
amount to be determined by the building official to satisfy all city requirements no later than
180 days after the issuance of the permit. The demolition performance bond or frozen fund shall
not be released until the building official determines the following requirements have been
completed:
1 Cap Abandoned Sanitary Sewers. Septic tanks shall be pumped, collapsed and removed
and/or filled with earth, sand, concrete, CDF or hard slurry.
2 Knock Down of Concrete Foundation Walls, Porches, Chimneys and Similar Structures.
Concrete, bricks, cobbles and boulders shall be broken to less than 12-inch diameter. Debris left
on site shall conform to IBC Section 1804.2 for clean fill.
3 Construction debris, vegetation, and garbage attributable to the demolition shall be removed
from the site and from unopened street right-of-way within 30 days of written notice. No debris
of any kind may be placed or maintained on street right-of-way (including alleys) without a
permit issued pursuant to Chapter 18.60 or 18.70 of the Edmonds Community Development
Code.
4 Repair of any damage to, and restoration of, any public property to substantially original
conditions, i.e., alley, street, sidewalk, landscaping, water meter, utilities, rockeries, retaining
walls, etc, in accordance with this code and the City's engineering requirements.
5 Grading of Site Back to Original Topography Grades. Basements shall be filled and
compacted to 90 percent as verified by a special inspector. "Structural fill" is defined as any fill
placed below structures, including slabs, where the fill soils need to support loads without
unacceptable deflections or shearing. Structural fill shall be clean and free draining, placed
above unyielding native site soils and compacted to a minimum of 90 percent modified proctor,
per ASTM D1557.
6 Temporary erosion control shall be installed and maintained per Chapter 18.30 ECDC.
D. Section 105.1.2, Annual permit records, is deleted.
E. Section 105.2, Work exempt from permit, is replaced as follows:
Exemptions from permit requirements of this code shall not be deemed to grant authorization
for any work to be done in any manner in violation of the provisions of this code or any other
laws or ordinances of this jurisdiction. It is the applicant's responsibility to comply with bulk
zoning code standards per ECDC Title 16 and storm water management provisions per Chapter
18.30 ECDC. Permits shall not be required for the following unless required by the provisions
of ECDC Title 23 or limited or prohibited by the provisions of Chapter 19.10 ECDC:
Page 1 of 9
Attachment B
1. Building (general):
(a) One (1) story detached accessory structures used as tool and storage sheds, playhouses and
similar uses; provided the floor area (measured to the exterior wall or post) does not exceed 120
square feet, with a maximum eave of thirty (30) inches.
(b) Fences not over six (6) feet high; provided a permit is not required by Chapter 17.30 ECDC.
(c) Movable cases, counters and partitions not over five (5) feet nine (9) inches high.
(d) Retaining walls 4 feet (1,219 nun) in height or less measured vertically from the finished
grade at the exposed toe of the retaining wall to the highest point in the wall, unless:
I Supporting a surcharge; or
11 Impounding Class 1, 11, 111-A liquids; or
III Subject to the provisions of Chapter 23.50 ECDC or Chapter 23.80 ECDC.
(e) Rockeries.
(f) Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and
the ratio of height to diameter or width does not exceed two (2) to one (1).
(g) Sidewalks and driveways not more than 30 inches above adjacent grade, and not over any
basement or story below and are not part of an accessible route, provided a permit is not
required by Chapter 18.60 ECDC.
(h) Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work.
(i) Temporary motion picture, television and theater stage sets and scenery.
0) Shade cloth structures constructed for nursery or agricultural purposes.
(k) Prefabricated swimming pools accessory to an occupancy in which the pool walls are
entirely above the adjacent grade and the capacity does not exceed 5,000 gallons. Hot tubs and
spas less than 5,000 gallons, completely supported by the ground.
(1) Grading less than fifty (50) cubic yards (placed, removed or moved within any 365-day
period) unless subject to the provisions of Chapter 23.50 ECDC or Chapter 23.80 ECDC.
(m) Repair of appliances which do not alter original approval, certification, listing or code.
(n) Replacement or adding new insulation with no drywall removal or placement.
(o) Replacement or repair of existing gutters or downspouts.
(p) The following types of signs are exempt from permit requirements except that dimensional
size and placement standards shall comply with Chapter 20.60 ECDC:
I. Replacing the panel on a previously permitted existing wall cabinet or pole sign,
II. Repainting an existing previously permitted wood sign,
111. Painted or vinyl lettering on storefront windows,
IV. Governmental signs, campaign signs, official public notices, and signs required by
provision of local, state, or federal law,
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Attachment B
V. Temporary signs announcing the sale or rent of property and other temporary signs as
described in ECDC 20.60.080,
VI. Signs erected by the transportation authorities, and temporary seasonal and holiday
displays.
2. Mechanical:
(a) Portable heating, ventilation, cooling, cooking or clothes drying appliances.
(b) Replacement of any part that does not alter approval of equipment or make such equipment
unsafe.
(c) Portable fuel cell appliances that are not connected to a fixed piping system and are not
interconnected to a power grid.
(d) Steam, hot or chilled water piping within any heating or cooling equipment regulated by this
code.
(d) Portable evaporative cooler.
(f) Self-contained refrigeration systems containing ten (10) pounds or less of refrigerant or that
are actuated by motor of one (1) horsepower or less.
3. Plumbing:
(a) The stopping of leaks in drains, water, soil, waste or vent pipe, provided that the
replacement of defective material shall be done with new material and a permit obtained and
inspection made.
(b) Reinstallation or replacement of approved prefabricated plumbing fixtures that do not
involve or require the replacement or rearrangement of valves or pipes.
4. Residential permit exemptions:
In addition the following exemptions apply for single family dwellings:
(a) One (1) story detached accessory structures used as tool and storage sheds, playhouses and
similar uses; provided the floor area (measured to the exterior wall or post) does not exceed 200
square feet, with a maximum eave of twelve (12) inches and maximum height of fifteen (15)
feet. Vehicle storage structures, such as garages and carports, are not exempted.
(b) Window awnings supported by an exterior wall and do not project more than fifty-four (54)
inches from the exterior wall and do not require additional support. ECDC Title 23 provisions
shall not apply to such awnings.
(c) Sport courts less than 2,000 square feet.
(d) Dock repair of individual decking members. ECDC Title 23 provisions shall not apply.
(e) Replacement or repair of existing exterior siding. ECDC Title 23 provisions shall not apply.
(f) Replacement or repair of existing windows or doors provided; no alteration of structural
members is required, the replacement would not require installation of safety glazing, the
installation does not involve required egress windows. ECDC Title 23 provisions shall not
apply-
(g) Minor like -for -like drywall repairs not involving fire -rated assemblies.
Page 3 of 9
Attachment B
(h) Replacement or repair of individual decking, joists, stair treads, or intermediate rails. ECDC
Title 23 provisions do not apply.
(i) Uncovered platforms, decks, patios, not exceeding 200 square feet in area, that are not more
than thirty (30) inches above grade at any point and do not serve the exit door required by IRC
Section R311.4.
0) Canopies, as defined in ECDC 17.70.035, accessory to a single family dwelling, with a floor
area measured to the exterior wall or post not to exceed 200 square feet, for covered storage,
carport or similar use.
(k) Reroof overlays, except that all existing layers of roofing must first be removed if the
existing material is wood shake, slate, clay, cement or asbestos tile, or where the existing roof
has two or more applications of any type of roofing.
F. Section 105.3.2, Time limitation of permit application, is amended to read:
1. Applications, for which no permit is issued within 180 days following the date of application,
shall expire by limitation, and plans and other data submitted for review may thereafter be
returned to the applicant or destroyed by the building official.
2. The building official may extend the time for action by the applicant for a period not
exceeding 180 days prior to such expiration date.
3. No application shall be extended more than once for a total application life of 360 days
except as allowed within this section. In order to renew action on an expired application, the
applicant shall submit a new application, revised plans based on any applicable code or
ordinance change, and pay new plan review fees.
4. The Building Official may extend the life of an application if any of the following conditions
exist:
(a) Compliance with the State Environmental Policy Act is in progress; or
(b) Any other City review is in progress; provided, the applicant has submitted a complete
response to City requests or the Building Official determines that unique or unusual
circumstances exist that warrant additional time for such response and the Building Official
determines that the review is proceeding in a timely manner toward final City decision; or
(c) Litigation against the City or applicant is in progress, the outcome of which may affect the
validity or the provisions of any permit issued pursuant to such application.
G. Section 105.3.3, Fully complete application, is added and reads:
In accordance with the provisions of RCW 19.27.031 and 19.27.074, an applicant's rights shall
vest when a fully complete building permit application is filed. A fully complete building
permit application is an application executed by the owners of the property for which the
application is submitted or the duly authorized agent(s) for such owners, containing each and
every document required under the terms of these ordinances and the IBC and is substantially
complete in all respects. It is anticipated that minor changes or revisions may be required and
are frequently made in the course of any building application review process, and such minor
revisions or changes shall not keep an application from being deemed complete if a good faith
attempt has been made to submit a substantially complete application containing all required
components. Where required, the application and supporting documents shall be stamped
and/or certified by the appropriate engineering, surveying or other professional consultants. A
fully complete building permit application shall be accompanied by all required intake fees,
including but not limited to plan review fees required under the provisions of this chapter and
code.
Page 4 of 9
Attachment B
H. Section 105.3.4, Concurrent review, is added and reads:
An applicant may submit an application for building permit approval and request plan review
services concurrently with, or at any time following, the submittal of a complete application for
any necessary or required discretionary permit approval or discretionary hearing; provided, that
any building permit application submitted concurrently with an application for discretionary
permit or approvals shall not be considered complete unless the applicant submits a signed
statement, on a form approved by the director, which acknowledges that the building permit
application is subject to any conditions or requirements imposed pursuant to the review and
approval of any necessary or required discretionary permit or approvals. The applicant shall
solely bear the risk of building permit submittal with discretionary permit approval. If, after
discretionary approval, the building permit plans are modified or amended to comply with
conditions or restrictions required by any discretionary permit or approval, the applicant shall
be solely responsible for any and all costs which result therefrom, including but not limited to
additional full plan review fees; provided further, that any applicant -initiated changes made
after the original plan review is complete shall also require payment of full plan review fees.
I. Section 105.5, Permit expiration and extension, is amended to read:
1. Every permit issued under ECDC Title 19 shall expire by limitation 360 days after issuance,
except as provided in ECDC 19.00.025I(2).
2. The following permits shall expire by limitation, 180 days after issuance and may not be
extended, unless they are associated with a primary building permit for a larger construction
project, in which case they may run with the life of the primary permit:
Demolition permits;
Permits for Moving Buildings required by Chapter 19.60 ECDC;
Mechanical permits;
Tank removal, tank fill, or tank placement permits;
Grading, excavation and fill permits;
Water service line permits;
Plumbing permits;
Gas piping permits;
Deck and dock permits;
Fence permits;
Re -roof permits;
Retaining wall permits;
Swimming pool, hot tub and spa permits;
Sign permits;
Shoring permits;
Foundation permits.
Page 5 of 9
Attachment B
3. Prior to expiration of an active permit the applicant may request in writing an extension for
an additional year. Provided there has been at least one (1) required progress inspection
conducted by the city building inspector prior to the extension, the permit shall be extended.
Permit fees shall be charged at a rate of one quarter the original building permit fee to extend
the permit.
4. If the applicant cannot complete work issued under an extended permit within a total period
of two (2) years, the applicant may request in writing, prior to the second year expiration, an
extension for a third and final year. Provided there has been at least one (1) required progress
inspection conducted by the city building inspector prior to the extension, the permit shall be
extended. Permit fees shall be charged at a rate of one quarter the original building permit fee to
extend the permit.
5. The maximum amount of time any building permit may be extended shall be a total of three
(3) years. At the end of any three (3) year period starting from the original date of permit
issuance, the permit shall become null and void and a new building permit shall be required,
with full permit fees, in order for the applicant to complete work. The voiding of the prior
permit shall negate all previous vesting of zoning or Building codes. Whenever an appeal is
filed and a necessary development approval is stayed in accordance with ECDC 20.07.004 the
time limit periods imposed under this section shall also be stayed until final decision.
6. The building official may reject requests for permit extension where he determines that
modifications or amendments to the applicable zoning and Building codes have occurred since
the original issuance of the permit and/or modifications or amendments would significantly
promote public health and safety if applied to the project through the issuance of a new permit.
J. Repealed by Ord. 3926.
K. Section 107.3.3, Phased approval, is amended to read:
1. The building official may issue partial permits for phased construction as part of a
development before the entire plans and specifications for the whole building or structure have
been approved provided architectural design board approval has been granted and a fully
complete permit application for the entire building or structure has been submitted for review.
2. Phased approval means permits for grading, shoring, and foundation may be issued
separately, provided concurrent approval is granted by the planning manager, city engineer and
fire marshal, when applicable. No phased approval permit shall be issued unless approved civil
plans detailing the construction of all site improvements including, but not limited to: curbs,
gutters, sidewalks, paved streets, water lines, sewer lines, and storm drainage have been signed
as approved by the city engineer.
3. With such phased approval, a performance bond shall be posted with the city pursuant to
Chapter 17.10 ECDC, to cover the estimated cost of construction to city standards for the
improvements.
L. Section 108, Temporary Structures and Uses, is deleted.
M. Section 110.3.3, Lowest floor elevation, is amended to read:
In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to
further vertical construction, the elevation certification required in Section 1612.5 shall be
submitted to the building official. Prior to final inspection approval, the building official shall
require an elevation certificate based on finished construction prepared and sealed by a State
licensed land surveyor.
N. Section 113, Board of Appeals, is deleted and replaced by Chapter 19.80 ECDC.
Page 6 of 9
Attachment B
O. Section 501.2, Address Identification, is amended to read:
Approved numbers or addresses shall be installed by the property owner for new and existing
buildings in such a position as to be clearly visible and legible from the street or roadway
fronting the property. Letters or numbers on the building shall be a minimum six (6) inches in
height and stroke a minimum of .75 inch of a contrasting color to the building base color. Where
public or private access is provided and the building address cannot be viewed from the public
way, a monument, pole or other approved sign or means shall be used to identify the structure.
This means of premises identification does not preclude approved identification also affixed to
structure.
P. Section 1612.1.1, Residential Structures, is added and reads:
Construction or reconstruction of residential structures is prohibited within designated
floodways, except for (i) repairs, reconstruction, or improvements to a structure which do not
increase the ground floor area; and (ii) repairs, reconstruction or improvements to a structure,
the cost of which does not exceed 50 percent of the market value of the structure either, (A)
before the repair, or reconstruction is started, or (B) if the structure has been damaged, and is
being restored, before the damage occurred. Any project for improvement of a structure to
correct existing violations of State or local health, sanitary, or safety code specifications which
have been identified by the local code enforcement official and which are the minimum
necessary to assure safe living conditions, or to structures identified as historic places, may be
excluded from the 50 percent calculation.
Q. IBC section 1612.4.1, Lowest Floor Elevation, is added and reads:
For buildings in all structure categories located in the Coastal High Hazard Areas and Coastal A Flood Zones, the
elevation of the lowest floor shall be a minimum of two feet above the base flood elevation, as determined from
the applicable FEMA flood hazard map.
QR. Section 3103, Temporary Structures, is deleted.
RS. Section 3108.1.1, Radio, television and cellular communication related equipment and devices, is added and
reads:
A permit shall be required for the installation or relocation of commercial radio, television or
cellular tower support structures including monopoles, whip antennas, panel antennas,
parabolic antennas and related accessory equipment, and accessory equipment shelters
(regardless of size) including roof mounted equipment shelters.
8T. Section 3109.1, Applicability and maintenance, is amended to read:
1. Swimming pools, hot tubs and spas of all occupancies shall comply with the requirements of
this section and other applicable sections of this code.
2. It is the responsibility of the owner to maintain a swimming pool, hot tub or spa in a clean and
sanitary condition and all equipment shall be maintained in a satisfactory operating condition
when the swimming pool, hot tub or spa is in use. A swimming pool, hot tub or spa that is
neglected, not secured from public entry and/or not maintained in a clean and sanitary condition
or its equipment in accord with manufacturers recommendations shall be determined to be a
hazard to health and safety and shall be properly mitigated to the satisfaction of the building
official.
-TU. Section 3109.3, Public Swimming Pools, is deleted.
UV. Section 3109.4, Residential Swimming Pools, is deleted.
VW. Section 3109.6, Location and Setbacks, is added and reads:
Page 7 of 9
Attachment B
Swimming pools, hot tubs and spas shall meet requirements of the zoning code of the city of
Edmonds.
1. Minimum setbacks are measured from property lines to the inside face of the pool, hot tub or
spa as required by the zoning code for accessory structures.
2. All other accessory buildings and equipment shall meet the normally required setbacks for
accessory structures in the zone in which they are located.
WX. Section 3109.7, Tests and cross -connection devices, is added and reads:
1. All swimming pool, hot tub and spa piping shall be inspected and approved before being
covered or concealed.
2. Washington State Department of Health approved cross connection devices are required to
be provided on potable water systems when used to fill any swimming pool, hot tub or spa.
XY. Section 3109.8, Wastewater disposal, is added and reads:
A means of disposal of the total contents of the swimming pool, hot tub or spa (including partial
or periodic emptying) shall be reviewed and approved by the public works director.
1. No direct connection shall be made between any swimming pool, hot tub or spa to any storm
drain, city sewer main, drainage system, seepage pit, underground leaching pit, or sub -soil
drain.
2. A sanitary tee (outside cleanout installed on the main building side sewer line) shall be
provided for draining of treated water into the city sanitary sewer system.
YZ. Section 3109.9, Inspection requirements, is added and reads:
The appropriate city inspector shall be notified for the following applicable inspections:
1. Footing, wall, pre -form, pre-gunite, erosion control, underground plumbing, sanitary
extension and cleanout, mechanical pool equipment, gas piping, mechanical enclosure location,
cross connection and final inspection.
2. An initial cross connection control installation inspection is required by the city cross
connection control specialist prior to final installation approval.
3. All backflow assemblies shall be tested by state certified backflow assembly testers upon
initial installation and then annually thereafter. Copies of all test reports shall be submitted to
the city water division for review and approval.
ZAA. Section 3403.2.1, Residential Structures, is added and reads:
Construction or reconstruction of residential structures is prohibited within designated
floodways, except for (i) repairs, reconstruction, or improvements to a structure which do not
increase the ground floor areas; and (ii) repairs, reconstruction or improvements to a structure,
the cost of which does not exceed 50 percent of the market value of the structure either, (A)
before the repair, or reconstruction is started, or (B) if the structure has been damaged, and is
being restored, before the damage occurred. Any project for improvement of a structure to
correct existing violations of State or local health, sanitary, or safety code specifications which
have been identified by the local code enforcement official and which are the minimum
necessary to assure safe living conditions, or to structures identified as historic places, may be
excluded in the 50 percent.
AABB. Appendix E, Accessibility Requirements, is amended by deleting Sections E107, E108, El 10 and El 11.
Page 8 of 9
Attachment B
13HCC. Appendix G, Flood -Resistant Construction, is amended by addition of new section:
Section G301.1(4) Where base flood elevation data has not been provided or is not available
from another authoritative source, it shall be generated for subdivision proposals and other
proposed developments which contain at least 50 lots or 5 acres, whichever is less.
CODD. Appendix H, Signs, is amended as follows:
1. Section H101.2, Signs exempt from permits, is replaced by subsection (E)(1)(p) of this section.
2. Section H101.2.1, Prohibited signs, is added and reads as follows:
a. It is unlawful for any person to advertise or display any visually communicated message, by
letter or pictorially, of any kind on any seating bench, or in direct connection with any bench.
b. All signs not expressly permitted by Chapter 20.60 ECDC.
c. Signs which the city engineer determines to be a hazard to vehicle or pedestrian traffic
because they resemble or obscure a traffic control device, or pose a hazard to a pedestrian
walkway or because they obscure visibility needed for safe traffic passage. Such signs shall be
immediately removed at the request of the city engineer.
d. All signs which are located within a public right-of-way and that have been improperly
posted or displayed are hereby declared to be a public nuisance and shall be subject to
immediate removal and confiscation per ECDC 20.60.090.
3. Sections H104, Identification, H106.1.1, Internally illuminated signs, H107, Combustible materials, H108,
Animated devices, H109.1, Height restrictions, and H110, Roof signs, are deleted. [Ord. 3926 § 1 (Exh. A), 2013;
Ord. 3845 § 6, 2011; Ord. 3796 § 1, 2010].
Page 9 of 9