Ordinance 4127ORDINANCE NO.4127
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE CRITICAL AREAS
REGULATIONS CONTAINED IN EDMONDS COMMUNITY
DEVELOPMENT CODE CHAPTER 23.50, ENTITLED
"WETLANDS."
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, the City of Edmonds completed a comprehensive review of its critical area
regulations in 2016 with the adoption of Ordinance No. 4026 in May 2016; and
WHEREAS, in June 2016 the Department of Ecology issued Publication No. 16-06-001
Wetland Guidance for CAO Updates which contained recommendations for wetland buffers
different than the City of Edmonds adopted under Ordinance No. 4026; and
WHEREAS, the Department of Ecology issued updated guidance to Publication No. 16-
06-001 Wetland Guidance for CAO Updates in July 2018; and
WHEREAS, the City of Edmonds wishes to update its wetland regulations to conform with
the most recent guidance from the Department of Ecology; and
WHEREAS, the Planning Board reviewed proposed changes to the critical area wetland
regulations over the course of three Planning Board meetings between June 13 and August 22,
2018; and
WHEREAS, the Board's review included an August 22, 2018 public hearing; and
WHEREAS, the Planning Board forwarded its recommended changes to the City's critical
area wetland regulations to the City Council; and
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WHEREAS, the City Council reviewed the draft updated critical area wetland regulation
as
recommended by the Planning Board at the September 4, 2018 Council; and
WHEREAS, the City Council held a public hearing at the September 25, 2018 City Council
meeting; and
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Section 23.50.010 of the Edmonds Community Development Code, entitled
"Designation, rating and mapping - Wetlands," is hereby amended to read as follows (new text is
shown in Luxlerline; deleted text is shown in st,-ike through):
23.50.010 Designation, rating and mapping - Wetlands.
A. Designating Wetlands. Wetlands are those areas, designated in accordance with the
approved federal delineation manual and applicable regional supplements as set forth in WAC
173-22-035, 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 areas within the city of Edmonds meeting the
wetland designation criteria, 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 Department of
Ecology wetland rating system, as set forth in the Washington State Wetland Rating System for
Western Washington: 2014 Update (Ecology Publication #14-06-029. or as revised and approved
by Ecology), which contains the definitions and methods for determining, whether the criteria
below are met.
mWand ra4ing system found in the 2014 Washiftg4ea Sta4e Weafl-an-d- Rating System for Western
Washington geology Publieation No. 14 06 029. GensistefA with �he wet4�d Eating system er-iter-i
and parameiers within this Eleaufnent, wellands that af!e rated for eeelegieal funetiens with high
point totals (23 peints er- higher-) pefferffl- eeolegieal functions assoeiated with water- fiew, wa4er-
quality and habitat at hi ghes4 1 evels, vAer-eas we*11-And si that aar-e Fa4ed with 1 owest point totals (15
.Weilands shall be rated aeeor-ding ie the Washington State DeparlrAent ef Heelogy
1. Category I. Category I wetlands are: (I)_relatively undisturbed estuarine wetlands larger
than 1 acre; (2) wetlands of high conservation value that are identified by scientists of the
Washington Natural Heritage Program/DNR; (3) bogs; (4) mature and old -growth forested
wetlands larger than 1 acre; (5) wetlands in coastal lagoons; (6) interdunal wetlands that score 8
or 9 habitat points and are larger than 1 acre; and (7) wetlands that perform many functions well
(scoring 23 points or more). These wetlands: (1) represent unique or rare wetland types; (2) are
more sensitive to disturbance than most wetlands-, (3,)_ are relatively undisturbed and contain
ecological attributes that are impossible to replace within a human lifetime or (4) provide a high
level of functions.
2. Category II. Category 11 wetlands are: (11) estuarine wetlands smaller than 1 acre, or
disturbed estuarine wetlands larger than 1 acre; (2) interdunal wetlands larger than 1 acre or those
found in a mosaic of wetlands; or (3) wetlands with a moderately high level of functions (scoring
between 20 and 22 points).
3. Category III. Category III wetlands are: (1) wetlands with a moderate level of functions
(scoring between 16 and 19 points), (2) can often be adequately replaced with a well -planned
mitigationproject; and 3 interdunal wetlands between 0.1 and 1 acre. Wetlands scoring between
16 and 19 points generally have been disturbed in some ways and are often less diverse or more
isolated from other natural resources in the landscape than Category II wetlands.
4. Category IV. Category IV wetlands have the lowest levels of functions (scoring fewer
than 16 points) and are often heavily disturbed. These are wetlands that we should be able to
replace, or in some cases to improve. However, experience has shown that replacement cannot be
guaranteed in any specific case. These wetlands mqy provide some important functions and should
be protected to some degree.
5, Illegal modifications. Wetland rating categories shall not change due to illegal
modifications made by the applicant or with the applicant's knowledge.
_ �rnse�ss�e�rser�!r.F�rr,
• ■. •
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iii. Bogs;
v. t • � . a -.ram s i �Reiis�ia%� �s%rya .... w
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 applicable regional supplements. 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 this section. Consistent with 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.
G. Edmonds Marsh. The city has a 23-acre Edmonds marsh wetland which in addition to a
wildlife habitat and natural resource sanctuary is also classified by the state as a priority habitat.
H. Other Significant Wetlands.
1. Good Hope Pond.
2. Mouth of Shell Creek. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004].
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Section 2. Section 23.50.020 of the Edmonds Community Development Code, entitled
"Allowed activities - Wetlands," is hereby amended to read as follows (deleted text is shown in
23.50.020 Allowed activities — Wetlands.
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.
X
Section 3. Section 23.50.030 of the Edmonds Community Development Code, entitled
"Development standards - Wetlands," is hereby amended to read as follows (new text is shown in
underline; deleted text is shown in strike dir-ough):
23.50.040 Development standards — Wetlands.
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 Wetlands. Activities and uses shall be prohibited from Category I wetlands,
except as provided for in the public agency and utility exception, reasonable use exception, and
variance sections of this title.
D. Category II Wetlands. With respect to activities proposed in Category II wetlands, the
following standards shall apply:
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 III and IV Wetlands. Activities and uses that result in unavoidable and
necessary impacts may be permitted in Category III and IV wetlands and associated buffers in
accordance with an approved critical areas report and mitigation plan.
F. Wetland Buffers.
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1. Buffer Requirements. The following buffer widths have been established in
accordance with the best available science. They are based on the categoa of wetland and the
habitat score as determined by a qualified wetland professional using the Washington Slate
Wetland Rating stem for Western Washin tan.' 2014 U date (Ecology Publication #14-06-029
or as revised and approved by Ecology). The adjacent land use intensity is assumed to be high.
a. For wetlands that score 6 points or more for habitat function, the buffers in
subsection F. Le can be used if both of the following criteria are met:
i. A relatively undisturbed vegetated corridor at least 100 feet wide is protected
between the wetland and ?my other Priority Habitats as defined by the Washington State
Department of Fish and Wildlife.
The corridor must be protected for the entire distance between the wetland and the Priority
Habitat by some type of legal protection such as a conservation easement.
Presence or absence of a nearby habitat must be confirmed by a gualified biologist. If no
option for providing a corridor is available subsection F.l.e may be used with the required
measures in subsection F.1.f alone.
ii. The measures in subsection FAX are implemented. where a . licablc to minimize
the impacts of the adjacent land uses.
b. For wetlands that score 3-5 habitat points, only the measures in subsection F. IS are
required for the use of subsection F.1.e
C. If an applicant chooses not to apply the mitigation measures in subsection F.IS, or
is unable to provide a protected corridor where available then subsection F. Lg must be used.
d. The buffer widths in subsection F. Le and subsection F.1. g assume that the buffer
is veizetated with a native plant community a ro riate for the ecore ion. If the existing buffer is
unvegetated sparsely vegetated, or vegetated with invasive species that do not perform needed
functions the buffer should either be planted to create the appropriate plant community or the
buffer should be widened to ensure that adequate functions of the buffer are provided.
e. Wetland Buffer Requirements for Western Washington if subsection F.l.f is
Implemented and Corridor Provided
Buffer Width {in Fee) Based on Habitat Score
Wetland
Habitat
Habitat Score:
Habitat
Category
Score: 3-5
6_7
Score: 8-9
Category I:
75
110
225
Based on total score
Category is
Bogs and wetlands
190
225
of high conservation
value
Category I:
75
110
225
Forested
Category I:
225
Interdunal
buffer width not based on habitat scores
Category 1:
150
Estuarine and
(buffer width not based on habitat scores)
Coastal Lagoons
Category II:
75
110
225
Based on score
Category II:
110
Interdunal wetlands
(buffer width not based on habitat scores)
Category
110
II: Estuarine and
(buffer width not based on habitat scores)
Coastal Lagoons
Category III
60
110
225
Category IV
call) 40
f. Re wired Measures to Minimize Impacts to Wetlands All measures are required if
applicable to a specific proposal).
Disturbance
'Required Measures to Minimize Impacts
L_ip,hts
Direct lights away from wetland
Noise
Locate activity that generates noise away
from wetland
• If warranted enhance existing buffer with
native ve etation planting adjacent to noise
source
• For activities that generate relatively
continuous, potentially disruptive noise, such
as certain heavy industa or mining, establish
an additional 10-foot heavily vegetated buffer
strip immediately adjacent to the outter
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 wetland
• Apply integrated pest management
Stormwater runoff
• Retrofit stormwater detention and treatment
for roads and existing adjacent develo ment
• Prevent channelized flow from lawns that
directly enters the buffer
[M
• Use low intensity development techniques
'for more information see stonnwater
ordinance and manual
Change in water
• Infiltrate or treat detain and disperse into
regime
buffer new runoff from impervious surfaces
and new lawns
Pets and human
• Use privacy fencing OR plant dense
disturbance
vegetation to delineate buffer edge and to
discourage_ disturbance using vegetation
appropriate for eeoregion
• Place wetland and its buffer in a separate tract
to protect with a conservation easement
Dust
Use best management practices to control
dust
g. Wetland Buffer Requirements for Western Washington if subsection F. IS is NOT
Implemented or Corridor NOT provided
Buffer Width in Feet Based on Habitat Score
Wetland
Habitat Habitat
Habitat
Category
Score: 3-5 Score: 6-7
Score: 8-9
Category 1:
100 150
300
Based on total score
Category I:
Bogs and wolands
250
300
of high conservation
value
Category I:
100
150
300
Forested
11
Category I:
300
Interdunal
buffer width not based on habitat scores
Category 1:
200
Estuarine and
(buffer width not based on habitat scores)
Coastal Lagoon
Category 11:
100
150
300
Based on score
Category IL•
150
Interdunal wetlands
(buffer width not based on habitat scores)
Category
150
II: Estuarine and
buffer width not based on habitat scares
Coastal Lagoons
Category III
80
150
300
Category IV
(all)
50
subseetion (F)(2) of !his seetien, where applieable, to minimize the impaets ef the adjaramit land
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' Jt iYJt` ..
1.
3. 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;
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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 this
subsection (F)(3) 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.
4. 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 approved wetland alterations shall be the same as the buffer required for the
category of the created, restored, or enhanced wetland.
5. 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
title, wetland 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 net 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 this subsection (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.
3. Wetland Buffer Width Averaging with Buffer Enhancement. The director may allow
modification of a standard wetland buffer width in accordance with an approved critical areas
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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 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 implementation for those wetlands where existing buffer
vegetation is inadequate to protect the functions and values of the wetland;
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;
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 buffer; and
d. The buffer width at any single location is not reduced by more than 25 percent to less
tlmn 50 pereei4 of the standard buffer width.
4. Buffer Width Reductions through Buffer Enhancement. At the discretion of the 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 III and 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 25 percent of the standard width; provided, that:
a. The plan provides evidence that wetland functions and values will be:
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i. Increased or retained through plan implementation 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
including but not limited to:
i. Percent vegetative cover;
ii. Percent invasive species cover;
iii. Species richness; and
iv. Amount of large woody debris.
5. 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.
c. 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
25 percent of wetland buffers, and are located to avoid removal of significant trees. Where existing
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legally established development has reduced the width of the wetland buffer, trails may be placed
in the outer 25 percent of the remaining wetland buffer. The trail shall be no more than five feet in
width and for pedestrian use only. Raised boardwalks utilizing nontreated pilings may be
acceptable. The director may allow trails within the inner 25 percent 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.
d. 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 III or IV 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 I or II
wetlands.
iv. Projects shall also comply with all applicable requirements in Chapter 18.30 ECDC,
Storm Water Management, including Minimum Requirement No. 8, Wetland Protection.
H. 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.
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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 (H)(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 (subsection (G)(5) of this section);
b. As part of development proposals for parks where the adjacent proposed use is active
recreation and the director determines that such fencing is necessary to protect the functions of the
critical area;
c. When buffer averaging is employed as part of a development proposal;
d. When buffer reductions are employed as part of a development proposal; or
e. At the director's discretion to protect the values and functions of a critical area.
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I. 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 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 wetland buffers, wetland buffer averaging with
enhancement, and buffer reductions with enhancement require applicants to locate such additions
in accordance with the following sequencing:
a. Outside of the standard wetland buffer;
b. Outside of a wetland buffer averaged (with enhancement) per subsection (G)(3) of this
section;
c. Outside of a wetland buffer reduced (with enhancement) per subsection (G)(4) of this
section;
d. Outside of the inner 25 percent of the standard wetland buffer width with no more than
300 square feet of structure addition footprint within the inner 50 percent 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 25 percent of the standard wetland buffer width with no more than
500 square feet of new footprint within the inner 50 percent 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 storm water low impact development (LID) techniques and other measures are
included as part of the wetland/buffer enhancement plan.
2. Where meeting wetland buffer enhancement requirements required by subsection (I)(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,
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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 sequencing in subsection (I)(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 discretion as a variance subject to review by the city hearing examiner
and the provisions of ECDC 23.40.210.
J. Development Proposals within the Footprint of Existing Development. New
development shall be allowed within the footprint of existing development occurring within a
wetland buffer; provided, that the following conditions are met:
1. The footprint of existing development was legally established, and is consistent with the
definition provided in ECDC 23.40.005;
2. The proposed development within the footprint of existing development 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 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 existing development
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 plantings during and following
construction of the allowed alteration.
K. Exemptions and Allowed Uses in Wetlands. The followin wetlands may be
exempt from the requirement to avoid impacts (ECDC 23.40.120.B.1), and they may be filled if
the impacts are fully mitigated based on the remaining actions in ECDC 23.40.120.B.2 through 6.
22
If available impacts should be mitigated through the purchase of credits from an in -lieu fee
program or mitigation bank, consistent with the terms and conditions of the program or bank. In
order to verify the following conditions a critical area report for wetlands meeting the
requirements in ECDC 23.50.030 must be submitted.
I. All isolated Category IV wetlands less than 4,000 s uare feet that:
a. Are not associated with riparian areas or their buffers;
b. Are not associated with shorelines of the state or their associated buffers
C. Are not part of a wetland mosaic;
d. Do not score 6 or more points for habitat function based on the 2014 update to the
Washinizion Slate Wetland Rating S stem or Western Washirz ton: 2014 Update(Ecology
Publication #14-06-029, or as_revised and approved by Ecology), and
e. Do not contain a Priority Habitat or a Priorijy Areal for a Priority Species identified
by the Washington Department of Fish and Wildlife, do not contain federally listed species or their
critical habitat orspecies of local importance identified in Cha ter 23.90 ECDC.
2. Wetlands less than 1.000 square feet that meet the above criteria and do not contain
federally listed s ecies or their critical habitat are exempt from the buffer 12rovisions contained in
this Chapter.
K. Small, Hydr-al ego sally isolated Wetlands. The difeeter- may allow small, hydr-alegicaRy
••••�•---a r•-• .......,
—
» .,» ........
» ...... a.. r....».
.ert.....aa —..—
FIa A-Yrcrvzuc
] The
wetland
i
less than
1,000
s fi_ � in area;
s
s
e
3. The
is
to
5
wetland
not ad
acent a riparian
system;Washington fating
and
23
iu:sr..'.y7
Section 6. Severabilit . 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.
APP OVED:
MAYOR DAVE EARLING
ATTEST/AUTHE TICATED:
C CLERK, SC ASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY r i�
JEFF TARADAY
FILED WITH THE CITY CLERK: October 12, 2018
PASSED BY THE CITY COUNCIL: October 16, 2018
PUBLISHED: October 21, 2018
EFFECTIVE DATE: October 26, 2018
ORDINANCE NO. 4127
24
SUMMARY OF ORDINANCE NO.4127
of the City of Edmonds, Washington
On the 16th day of October, 2018, the City Council of the City of Edmonds, passed
Ordinance No. 4127. 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 CHAPTER
23.50, ENTITLED "WETLANDS."
The full text of this Ordinance will be mailed upon request.
DATED this 17th day of October, 2018.
CI CLE , SCOTT SSEY
25
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Dicy Sheppard 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 EDH830752 ORD 4127-4129 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 10/21/2018 and
ending on 10/21/2018 and that said newspaper
was regularly distributed to its subscribers
during all of said period.
The amount of the fee f such publication is
$53.32.
Subscribed and sworn before m_e` on this
day of OrJoh e—,
AUBREY KNAPP
Notary Public
State of Washington
My Commission Expires
July 30, 2022
Notary Public in and for the State of
Washington.
City ar Edmonds - LEGAL ADS 1 14101416
SCOTT PASSEY
Classified Proof
ORDINANCE SUMMARY
of the Clry of Epmohds, Was Nnoon
On the 16111 day of Oetooer, 2016 the Cily Council of the City of
Emnonds, pss8nd the folp�wrg Dr�lniuue6, the Summaries or said
urwnancus consi7Ung OS mlev'are ded as folbws:
tl9i DINANC • N0. 4127
AN ORDINANCE 9 ll OF EDMONDS,
WASHINGTON AMENDING THE CRITICAL AREAS
REGULATl0N, CONTAINED IN EDMONDS COMMUNITY
DEVELOPMENT :'ODE CHAPTER 23.50, ENTITLED
"WETLANDS."
ORUt ANOENO Al2�
Al ORDINANCE H -L - 4F EDMONDS.
WASHINGTON. ADOPTING FI ND1 NOS AND CONC LUSION S
AND APPROVING A CHANGE IN ZONING FOR CERTAIN
PROPERTY LOCATED AT 0107 AND 8111-736TH ST, SW
FROM SINGLE-FAMILY RESIDENTIAL [[RS-B TO
MULTIPLE RESIDENTIAL lRM-1,Sr. AUTHORIZING
AMENDMENT TO THE CITY'S OFFICIAL ZONING MAP;
AND FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
ORDINANCE NO. 4124
AN ORDINANCE TV- OF EDMONDS.
WASHINGTON, AMENDING ORDINANCE NO. 4110 AS A
RESULT OF UNANTICIPATED TRANSFERS AND
EXPENDITURES OF VARIOUS FUNDS, AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The roo lw of Ihaso Of7inamo wf0 to molipd upon reque81
DATED tare 170 day at OmIw, 2010.
CITY CLERK, SCOTT PASSEY
Published: October 21, 2018, EOH830752
U
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