Title 18

ENVIRONMENT

Chapters:

18.04      Environmental Policy Act

18.10A      Critical Areas Code – General Provisions

18.10B      Critical Areas Code – Wetlands

18.10C      Critical Areas Code – Fish and Wildlife Habitat Conservation Areas

18.10D      Critical Areas Code – Aquifer Recharge Areas

18.10E      Critical Areas Code – Frequently Flooded Areas

18.10F      Critical Areas Code – Geologically Hazardous Areas

Chapter 18.04

ENVIRONMENTAL POLICY ACT

Sections:

18.04.010      Authority.

18.04.020      Adoption of applicable WAC sections.

18.04.030      Definitions.

18.04.040      Designation of responsible official.

18.04.050      Lead agency determination and responsibilities.

18.04.060      Transfer of lead agency status to a state agency.

18.04.070      Additional timing considerations.

18.04.080      Flexible thresholds for categorical exemptions.

18.04.090      Categorical exemptions and threshold determinations.

18.04.100  Use of exemptions.

18.04.110      Environmental checklist.

18.04.120      Mitigated DNS.

18.04.130      Environmental Impact Statement (EIS).

18.04.140      Preparation of EIS – Additional considerations.

18.04.150      Commenting.

18.04.160      Public notice.

18.04.170      Designation of official to perform consulted agency responsibilities for the city.

18.04.180      Using existing environmental documents.

18.04.190      SEPA and agency decisions.

18.04.200      Substantive authority.

18.04.210      Appeals.

18.04.220      Notice/statute of limitations.

18.04.230      Definitions.

18.04.240      Categorical exemptions.

18.04.250      Agency compliance.

18.04.260      Fees.

18.04.270      Forms.

18.04.010       Authority.

The city adopts this chapter under the State Environmental Policy Act (SEPA), RCW 43.21.120 and the SEPA Rules, WAC 197-11-904. This chapter contains the city’s SEPA procedures and policies, SEPA Rules Chapter 197-11 WAC to be used in conjunction with this chapter. (Ord. 936 Exh. A, 1999).

18.04.020       Adoption of applicable WAC sections.

The city adopts the following sections of Chapter 197-11 WAC by reference:

WAC

197-11-040   Definitions.

197-11-050   Lead agency.

197-11-055   Timing of the SEPA process.

197-11-060   Content of environmental review.

197-11-070   Limitations on actions during SEPA process.

197-11-080   Incomplete or unavailable information.

197-11-090   Supporting documents.

197-11-100   Information required of applicants.

197-11-158   GMA project review-reliance on existing plans and regulations.

197-11-210   SEPA/GMA integration.

197-11-220   SEPA/GMA definitions.

197-11-228   Overall SEPA/GMA integrations procedures.

197-11-230   Timing of on integrated GMA/SEPA process.

197-11-232   SEPA/GMA integration procedures for preliminary planning, environmental analysis and expanded scoping.

197-11-235   Documents.

197-11-238   Monitoring.

197-11-250   SEPA/Model Toxics Control Act integration (MTCA).

197-11-253   SEPA lead agency of MTCA actions.

197-11-256   Preliminary evaluation.

197-11-259   Determination of nonsignificance for MTCA remedial actions.

197-11-262   Determination of significance and EIS for MTCA remedial actions.

197-11-265   Early scoping for MTCA remedial actions.

197-11-268   MTCA interim actions.

(Ord. 936 Exh. A, 1999).

18.04.030       Definitions.

The city adopts those definition contained within CMC 18.04.230 and WAC 197-11-700 through 197-11-799, when used in this chap­ter, the following terms shall have the follow­ing meanings, unless the context indicates otherwise:

A.“City” means the city of Cashmere, Washington.

B.“Department” means any division, sub­division or organizational unit of the city established by ordinance, rule, or order.

C.“SEPA Rules” means Chapter 197-11 WAC adopted by the Department of Ecology.

D.“Ordinance” means the ordinance, reso­lution or other procedure used by the city to adopt regulatory requirements.

E.“Early notice” means the city’s response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant’s proposal (mitigated determination of nonsignificance (DNS) pro­cedures). (Ord. 936 Exh. A, 1999).

18.04.040       Designation of responsible official.

A.For those proposals for which the city is the lead agency, the responsible official shall be the city administrator or his or her designee.

B.For all proposals for which the city is the lead agency, the city administrator shall make the threshold determination, supervise scoping and preparation of any required environmental impact statement (EIS), and perform any other functions assigned to the lead agency or responsible official by those sections of the SEPA rules that were adopted by reference in section CMC 18.04.020.

C.The city shall retain all documents required by the SEPA rules (Chapter 197-11 WAC) and make them available in accordance with Chapter 42.17 RCW. (Ord. 936 Exh. A, 1999).

18.04.050       Lead agency determination and responsibilities.

A.The responsible official receiving an application for or initiating a proposal that involves a nonexempt action shall determine the lead agency for that proposal under WAC 197-11-050 and 197-11-922 through 197-11-940; unless the lead agency has been previ­ously determined or the department is aware that another department or agency is in the pro­cess of determining the lead agency.

B.When the city is the lead agency for a proposal, the department receiving the appli­cation shall determine the responsible official who shall supervise compliance with the threshold determination requirements, and if an EIS is necessary, shall supervise prepara­tion of the EIS.

C.When the city is not the lead agency for a proposal, all departments of the city shall use and consider, as appropriate, either the DNS or the final EIS of the lead agency in making decisions on the proposal. No city department shall prepare or require preparation of a DNS or EIS in addition to that prepared by the lead agency, unless required under WAC 197-11-600. In some cases, if the city or any of its departments receives a lead agency determina­tion made by another agency that appears inconsistent with the criteria of WAC 197-11-922 through 197-11-940, it may object to the determination. Any objection must be made to the agency originally making the determina­tion and resolved within 15 days of receipt of the determination, or the city must petition the Department of Ecology for a lead agency determination under WAC 197-11-946 within the 15-day time period. The responsible offi­cial may initiate any such petition on behalf of the city.

D.The city is authorized to make agree­ments as to lead agency status or shared lead agency duties for a proposal under WAC 197-11-942 and 197-11-944; provided, that the responsible official and any department that will incur responsibilities as the result of such agreement approve the agreement.

E.When the responsible official makes a lead agency determination for a private project he/she shall require that sufficient information from the applicant to identify which other agencies have jurisdiction over the proposal. (That is: Which agencies require nonexempt licenses?) (Ord. 936 Exh. A, 1999).

18.04.060       Transfer of lead agency status to a state agency.

For any proposal for a private project where the city would be the lead agency and for which one or more state agencies have juris­diction, the city’s responsible official may elect to transfer the lead agency duties to a state agency. The state agency with jurisdic­tion appearing first on the priority listing in WAC 197-11-936 shall be the lead agency and the city shall be an agency with jurisdiction. To transfer lead agency duties, the city’s responsible official must transmit a notice of the transfer together with any relevant infor­mation available on the proposal to the appro­priate state agency with jurisdiction. The responsible official of the city shall also give notice of the transfer to the private applicant and any other agencies with jurisdiction over the proposal. (Ord. 936 Exh. A, 1999).

18.04.070       Additional timing considerations.

A.For nonexempt proposals, the DNS or draft EIS for the proposal shall accompany the city’s staff recommendation to any appropriate advisory body, such as the planning commis­sion.

B.If the city’s only action on a proposal is a decision on a building permit or other license that requires detailed project plans and specifi­cations, the applicant may request in writing that the city conduct environmental review prior to submission of the detailed plans and specifications. (Ord. 936 Exh. A, 1999).

18.04.080       Flexible thresholds for categorical exemptions.

A.The city establishes the following exempt levels for minor new construction under WAC 197-11-800(1)(b) based on local conditions:

1.For residential dwelling units in WAC 197-11-800(l)(b)(I) up to four dwelling units;

2.For agricultural structures in WAC 197-11-800(l)(b)(ii) up to 10,000 square feet;

3.For office, school, commercial, recre­ational, service or storage buildings in WAC 197-11-800(l)(b)(iii) up to 4,000 square feet and up to 20 parking spaces;

4.For parking lots in WAC 197-11-800(l)(b)(iv) up to 20 spaces;

5.For landfills and excavations in WAC 197-11-800(l)(b)(v) up to 500 cubic yards.

B.Whenever the city establishes new exempt levels under this section, it shall send them to the Department of Ecology, Headquar­ters Office, Olympia, Washington 98505, under WAC 197-11-800(l)(c). (Ord. 936 Exh. A, 1999).

18.04.090       Categorical exemptions and threshold determinations.

The city adopts the following section of WAC 173-806-056 containing the rules for deciding whether a proposal has probably sig­nificant, adverse environmental impact requir­ing an environmental impact statement (EIS) to be prepared and rules for evaluating the impacts of proposals not requiring an EIS.

WAC

197-11-300   Purpose of this part.

197-11-305   Categorical exemptions.

197-11-310   Threshold determination required.

197-11-315   Environmental checklist.

197-11-330   Threshold determination process.

197-11-335   Additional information.

197-11-340   Determination of nonsignificance (DNS).

197-11-350   Mitigated DNS.

197-11-355   Optional DNS process.

197-11-360   Determination of significance (DS) initiation of scoping.

197-11-390   Effect of threshold determination.

(Ord. 936 Exh. A, 1999).

18.04.100 Use of exemptions.

A.Each department within the city that receives an application for a license or, in the case of governmental proposals, the depart­ment initiating the proposal, shall determine whether the license and/or the proposal are exempt. The department’s determinations that a proposal is exempt shall be final and not sub­ject to administrative review. If a proposal is exempt, none of the procedural requirements of this chapter applies to the proposal. The city shall not require completion of an environ­mental checklist for an exempt proposal.

B.In determining whether or not a proposal is exempt, the department shall make certain the proposal is properly defined and shall iden­tify the governmental licenses required (WAC 197-11-060). If a proposal includes exempt and nonexempt actions, the department shall determine the lead agency, even if the license application that triggers the department’s con­siderations is exempt.

C.If a proposal includes both exempt and nonexempt actions, the city may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that:

1.The city shall not give authorizations for:

a.Any nonexempt action;

b.Any action that would have an adverse environmental impact; or

c.Any action that would limit the choice of alternatives;

2.A department may withhold approval of an exempt action that would lead to modifi­cation of the physical environment, when such modification would serve no purpose if nonex­empt action(s) were not approved; and

3.A department may withhold approval of exempt actions that would lead to substan­tial financial expenditures by a private appli­cant when the expenditures would serve no purpose if nonexempt action(s) were not approved. (Ord. 936 Exh. A, 1999).

18.04.110       Environmental checklist.

A.A completed environmental checklist (or a copy), in the form provided in WAC 197-11-960, shall be filed at the same time as an application for a permit, license, certificate, or other approval not specifically exempted in this chapter; except, a checklist is not needed if the city and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. The city shall use the environ­mental checklist to determine the lead agency and, if the city is the lead agency, for determin­ing the responsible official and for making the threshold determination.

B.For private proposals, the city will require the applicant to complete the environ­mental checklist, providing assistance as nec­essary. For city proposals, the department initiating the proposal shall complete the envi­ronmental checklist for the proposal.

C.The city may require that it, and not the private applicant, will complete all or part of the environmental checklist for a private pro­posal, if either of the following occurs:

1.The city has technical information on a question or questions that is unavailable to the private applicant; or

2.The applicant has provided inaccurate information on previous proposals or on pro­posals currently under consideration. (Ord. 936 Exh. A, 1999).

18.04.120       Mitigated DNS.

A.As provided in this section and in WAC 197-11-350, the responsible official may issue a DNS based on conditions attached to the pro­posal by the responsible official or on changes to, or clarifications to, the proposal made by the applicant.

B.An applicant may request in writing early notice of whether a DS is likely under WAC 197-11-350. The request must:

1.Follow submission of a permit appli­cation and environmental checklist for a non­exempt proposal for which the department is lead agency; and

2.Precede the city’s actual threshold determination for the proposal.

C.The responsible official should respond to the request for early notice within 15 work­ing days. The response shall:

1.Be written;

2.State whether the city currently con­sider issuance of a DS likely and, if so, indicate the general or specific area(s) of concern that is/are leading the city to consider a DS; and

3.State that the applicant may change or clarify the proposal to mitigate the indicated impacts, revising the environmental checklist and/or permit application as necessary to reflect the changes or clarifications.

D.As much as possible, the city should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.

E.When an applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the city shall base its threshold determination on the changed or clarified proposal and should make the determination within 15 days of receiving the changed or clarified proposal.

1.If the city indicated specific mitiga­tion measures in its response to the request for early notice, and the applicant changed or clar­ified the proposal to include those specific mit­igation measures, the city shall issue and circulate a DNS under WAC 197-11-340(2).

2.If the city indicated areas of concern, but did not indicate specific mitigation mea­sures that would allow it to issue a DNS, the city shall make the threshold determination, issuing a DNS or DS as appropriate.

3.The applicant’s proposed mitigation measures (clarifications, changes or condi­tions) must be in writing and must be specific. For example, proposals to “control noise” or “prevent storm water runoff” are inadequate, whereas proposals to “muffle machinery to X decibel” or “construct 200-foot storm water retention pond at Y location” are adequate.

4.Mitigation measures, which justify issuance of a mitigated DNS, may be incorpo­rated in the DNS by reference to agency staff reports, studies or other documents.

F.A mitigated DNS is issued under either WAC 197-11-340(2), requiring a 14-day com­ment period and public notice; or WAC 197-11-355(5), which may require no additional comment period beyond the comment period on the notice of application.

G.Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the permit decision and may be enforced in the same manner as any term or condition of the permit, or enforced in any manner specifically prescribed by the city.

H.If the city’s tentative decision on a per­mit or approval does not include mitigation measures that were incorporated in a mitigated DNS for the proposal, the city should evaluate the threshold determination to assure consis­tency with WAC 197-11-340(3)(a) (with­drawal of DNS).

I.The city’s written response under subsec­tion (B) of this section shall not be construed as a determination of significance. In addition, preliminary discussion of clarifications or changes to a proposal, as opposed to a written request for early notice, shall not bind the city to consider the clarifications or changes in its threshold determination. (Ord. 936 Exh. A, 1999).

18.04.130       Environmental Impact Statement (EIS).

This part contains the rules for preparing environmental impact statements (EIS). The city adopts the following sections by refer­ence, as supplemented by this part:

WAC

197-11-400   Purpose of EIS.

197-11-401   General requirements.

197-11-405   EIS types.

197-11-406   EIS timing.

197-11-407   Scoping.

197-11-410   Expanded scoping (Optional).

197-11-420   EIS preparation.

197-11-425   Style and size.

197-11-430   Format.

197-11-435   Cover letter or memo.

197-11-440   EIS content.

197-11-441   Contents of EIS on non-project proposals.

197-11-442   EIS contents when prior non-project EIS.

197-11-443   Elements of the environment.

197-11-448   Relationship of EIS to other considerations.

197-11-449   Cost-benefit analysis.

197-11-455   Issuance of DEIS.

197-11-460   Issuance of FEIS.

(Ord. 936 Exh. A, 1999).

18.04.140       Preparation of EIS – Additional considerations.

A.Preparation of draft and final EISs (DEIS and FEIS) and draft and final supple­mental EISs (SEIS) is the responsibility of the responsible official of the department under which the action will be taken. Before the city issues an EIS, the responsible official shall be satisfied that it complies with this chapter and Chapter 197-11 WAC.

B.The DEIS and FEIS or draft and final SEIS shall be prepared by the city staff, the applicant, or by a consultant selected by the city or the applicant. If the responsible official requires an EIS for a proposal and determines that someone other than the city will prepare the EIS, the responsible official shall notify the applicant immediately after completion of the threshold determination. The responsible offi­cial shall also notify the applicant of the city’s procedure of EIS preparation, including approval of the DEIS and FEIS prior to distri­bution.

C.The city may require an applicant to pro­vide information the city does not possess, including specific investigations. However, the applicant is not required to supply informa­tion that is not required under this chapter or that is being requested from another agency. (This does not apply to information the city may request under another ordinance or stat­ute.) (Ord. 936 Exh. A, 1999).

18.04.150       Commenting.

This part contains rules for consulting, com­menting, and responding on all environmental documents under SEPA, including rules for public notice and hearings. The city adopts the following sections by reference, as supple­mented in this part:

WAC

197-11-500   Purpose of this part.

197-11-501   Inviting comments.

197-11-504   Availability and cost of environmental documents.

197-11-508   SEPA register.

197-11-535   Public hearings and meetings.

197-11-545   Effect of no comments.

197-11-550   Specificity of comments.

197-11-560   FEIS response to comments.

197-11-570   Consulted agency costs to assist lead agency.

(Ord. 936 Exh. A, 1999).

18.04.160       Public notice.

A.Whenever possible, the city shall inte­grate the public notice required under this sec­tion with existing notice procedures for the city’s nonexempt permit(s) or approval(s) required for the proposal.

B.Whenever the city issues a DNS under WAC 197-11-340(2) or a DS under WAC 197-11-360(3), the city shall give public notice as follows:

1.If a SEPA document is issued concur­rently with the notice of application, the public notice requirements for the notice of applica­tions will suffice to meet the SEPA public notice requirements.

2.If no public notice is otherwise required for the permit or approval, the city shall give notice of the DNS or DS by:

a.Posting the property, for site-spe­cific proposals; or

b.Publishing notices in a newspaper of general circulation in the county, city, or general area where the proposal is located.

C.If a DNS is issued using the optional DNS process, the public notice requirements for the notice of application as supplemented by the requirements in WAC 197-11-355 will suffice to meet the SEPA public notice requirements.

D.Whenever the city issues a DEIS under WAC 197-11-455(5) or a SEIS under WAC 197-011-620, notice of the availability of those documents shall be given by:

1.Indicating the availability of the DEIS in any public notice required for a nonexempt license;

2.Posting the property, for site-specific proposals; or

3.Publishing notices in a newspaper of general circulation in the county, city, or gen­eral area where the proposal is located.

E.The city may require an applicant to complete the public notice requirements for the applicant’s proposal at his or her expense. (Ord. 936 Exh. A, 1999).

18.04.170       Designation of official to perform consulted agency responsibilities for the city.

A.The responsible official or his or her designee shall be responsible for preparation of written comments for the city in response to a consultation request prior to a threshold determination, participation in scoping, and reviewing a DEIS.

B.The responsible official or his or her des­ignee shall be responsible for the city’s com­pliance with WAC 197-11-550 whenever the city is a consulted agency and is authorized to develop operating procedures that will ensure that responses to consultation requests are pre­pared in a timely fashion and include data from all appropriate departments of the city. Responses from the consulted agency shall be derived from the department head of the agency with general responsibility or expertise in regard to the issue to be discussed. Written comments shall be forwarded to the lead agency prior to a threshold determination, par­ticipation in scoping, and reviewing a DEIS. (Ord. 936 Exh. A, 1999).

18.04.180       Using existing environmental documents.

This section contains rules of using and sup­plementing existing environmental documents prepared under SEPA or National Environ­mental Policy Act (NEPA) for the city’s own environmental compliance. The city adopts the following by reference:

WAC

197-11-164   Planned actions – Definitions and criteria.

197-11-168   Ordinances or resolutions designating planned actions – Procedures for adoption.

197-11-172   Planned actions – Project review.

197-11-600   When to use existing environmental documents.

197-11-610   Use of NEPA documents.

197-11-620   Supplemental environmental impact statement – Procedures.

197-11-625   Addenda – Procedures.

197-11-630   Adoption – Procedures.

197-11-635   Incorporations by reference – Procedures.

197-11-640   Combining documents.

(Ord. 936 Exh. A, 1999).

18.04.190       SEPA and agency decisions.

This section contains rules and policies for SEPA’s substantive authority, such as deci­sions to mitigate or reject proposals as a result of SEPA. This section also contains proce­dures for appealing SEPA determinations to agencies or the courts. The city adopts the fol­lowing sections by reference:

WAC

197-11-650   Purpose of the section.

197-11-655   Implementation.

197-11-660   Substantive authority and mitigation.

197-11-680   Appeals.

(Ord. 936 Exh. A, 1999).

18.04.200       Substantive authority.

A.The policies and goals set forth in this chapter are supplementary to those in the exist­ing authorization of the city.

B.The city may attach conditions to a per­mit or approval for a proposal so long as:

1.Such conditions are necessary to mit­igate specific probably adverse environmental impact identified in environmental documents prepared pursuant to this chapter; and

2.Such conditions are in writing; and

3.The mitigation measures included in such conditions are reasonable and capable of being accomplished; and

4.The city has considered whether other local, state, or federal mitigation measures applied to the proposal are sufficient to miti­gate the identified impacts; and

5.Such conditions are based on one or more policies in subsection D of this section and cited in the license or other decision docu­ment.

C.The city may deny a permit or approval for a proposal on the basis of SEPA so long as:

1.A finding is made that approving the proposal would result in probably significant adverse environmental impacts that are identi­fied in a FEIS or final SEIS prepared pursuant to this chapter; and

2.The denial is based on one or more policies identified in subsection D of this sec­tion and identified in writing in the decision document.

D.The city designates and adopts by refer­ence the following policies as the basis for the city’s exercise of authority pursuant to this section:

1.The city shall use all practicable means, consistent with other essential consid­erations of state policy, to improve and coordi­nate plans, functions, programs, and resources to the end that the state and its citizens may:

a.Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;

b.Assure for all people of Washing­ton safe, healthful, productive, and aestheti­cally and culturally pleasing surroundings;

c.Attain the widest range of benefi­cial uses of the environment without degrada­tion, risk to health or safety, or other undesirable and unintended consequences;

d.Preserve important historic, cul­tural, and natural aspects of our national heri­tage;

e.Maintain, wherever possible, an environment which supports diversity and variety to individual choices;

f.Enhance the quality of renewable resources and approach the maximum attain­able recycling of depletable resources.

2.The city recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preser­vation and enhancement of the environment.

3.The city adopts by reference the goals, policies, and purposes in the following city documents:

City of Cashmere Comprehensive Land Use Plan;

Shoreline Master Program of the City;

City of Cashmere Comprehensive Water System Plan;

City of Cashmere Comprehensive Sewer Plan;

CMC Title 5, Business Taxes, Licenses and Regulations;

CMC Title 8, Health and Safety;

CMC Title 12, Streets, Sidewalks and Parks;

CMC Title 13, Public Utilities;

CMC Title 14, Development Code Administration;

CMC Title 15, Buildings and Con­struction;

CMC Title 16, Subdivisions;

CMC Title 17, Zoning.

E.Except for permits and variances issued pursuant to Chapter 15.40 CMC, Shoreline Master Program, when any proposal or action not requiring a decision of the Cashmere city council is conditioned or denied on the basis of SEPA by a non-elected official, the decision shall be appealable to the Cashmere city coun­cil. Such appeal may be perfected by the pro­ponent or any aggrieved party by giving notice to the responsible official within 10 days of the decision being appealed. Review by the Cash­mere city council shall be on a de novo basis. (Ord. 936 Exh. A, 1999).

18.04.210       Appeals.

A.The city establishes the following administrative appeal procedures under RCW 43.21C.075 and WAC 197-11-680:

1.Appeal of the intermediate steps under SEPA (e.g., lead agency determination, scoping, draft EIS adequacy) shall not be allowed.

2.Appeals on SEPA procedures shall be limited to review of a final threshold determi­nation and final EIS. These appeals may occur prior to an agency’s final decision on a pro­posed action.

3.There shall be provided only one administrative appeal of a threshold determi­nation or of the adequacy of an EIS; successive administrative appeals on these issues within the city are not allowed. This limitation does not apply to administrative appeals before another agency.

4.Except as provided in subsection (A)(5) of this section, the appeal shall consoli­date any allowed appeals of procedural and substantive determinations under SEPA with a hearing or appeal on the underlying govern­mental action in a single simultaneous hearing before on hearing officer or body. The hearing or appeal shall be one at which the hearing officer or body will consider either the agency’s decision or a recommendation on the proposed underlying governmental action. For example, an appeal of the adequacy of an EIS must be consolidated with a hearing or appeal on the agency’s decision or recommendation on the proposed action, if both proceedings are allowed in agency procedures. If an agency does not provide for a hearing or appeal on the underlying governmental action (either a hear­ing on the agency’s recommendation or an agency appeal hearing after the decision is made), the agency may not hold a SEPA administrative appeal, except as allowed under subsection (A)(5) of this section.

5.The following appeal of SEPA proce­dural or substantive determination need not be consolidated with a hearing or appeal on the underlying governmental action:

a.An appeal of a determination of significance;

b.An appeal of a procedural determi­nation made by the city when the city is a project proponent, or is funding a project, and chooses to conduct its review under SEPA, including any appeals of its procedural deter­mination, prior to submitting an application for a project permit. Subsequent appeals of sub­stantive determinations by an agency with jurisdiction over the proposed project shall be allowed under SEPA appeal procedures of the agency with jurisdiction;

c.An appeal of a procedural determi­nation made by an agency of a nonproject action; and

d.An appeal to the local legislative authority under RCW 43.21C.060 or other applicable state statutes.

6.Because RCW 36.70B.110 applies to the city of Cashmere, and because the city is providing for an administrative appeal, any such appeal of a procedural or substantive determination under SEPA issued at the same time as the decision on a project action shall be filed within 14 days after a notice of decision under RCW 36.70B.130 or after other notice that the decision has been made appealable. In order to allow pubic comment on a DNS prior to requiring an administrative appeal to be filed, this appeal period shall be extended for an additional seven days if the appeal is of a DNS for which public comment is required under this chapter or under city rules adopted under SEPA. For threshold determinations issued prior to a decision on a project action, an administrative appeal allowed by the city shall be filed within 14 days after notice that the determination has been made and is appealable. Nothing in this subsection alters the requirement of subsection (4) or (5) of this section.

B.For any appeal under this subsection, the city shall provide for a record that shall consist of the following:

1.Findings and conclusions;

2.Testimony under oath; and

3.A taped or written transcript.

C.The procedural determination by the city’s responsible official shall carry substan­tial weight in any appeal procedure.

D.The city shall give official notice under WAC 197-11-680(5) whenever it issues a per­mit or approval for which a statute or ordi­nance establishes a time limit for commencing judicial appeal. (Ord. 936 Exh. A, 1999).

18.04.220       Notice/statute of limitations.

A.The city, applicant for, or proponent of an action may publish a notice of action pursu­ant to RCW 43.21C.080 for any action.

B.The form of the notice shall be substan­tially in the form provided in WAC 197-11-990. The notice shall be published by the city clerk or county auditor, applicant or proponent pursuant to RCW 43.21C.080. (Ord. 936 Exh. A, 1999).

18.04.230       Definitions.

This part contains uniform usage and defini­tions of terms under SEPA. The city adopts the following sections by reference, as supple­mented by WAC 173-806-040:

WAC

197-11-700   Definitions.

197-11-702   Act.

197-11-704   Action.

197-11-706   Addendum.

197-11-708   Adoption.

197-11-710   Affected tribe.

197-11-712   Affecting.

197-11-714   Agency.

197-11-716   Applicant.

197-11-718   Built environment.

197-11-720   Categorical exemption.

197-11-722   Consolidated appeal.

197-11-724   Consulted agency.

197-11-726   Cost-benefit analysis.

197-11-728   County/city.

197-11-730   Decision maker.

197-11-732   Department.

197-11-734   Determination of nonsignificance (DNS).

197-11-736   Determination of significance (DS).

197-11-738   EIS.

197-11-740   Environment.

197-11-742   Environmental checklist.

197-11-744   Environmental document.

197-11-746   Environmental review.

197-11-750   Expanded scoping.

197-11-752   Impacts.

197-11-754   Incorporation by reference.

197-11-756   Lands covered by water.

197-11-758   Lead agency.

197-11-760   License.

197-11-762   Local agency.

197-11-764   Major action.

197-11-766   Mitigated DNS.

197-11-768   Mitigation.

197-11-770   Natural environment.

197-11-772   NEPA.

197-11-774   Nonproject.

197-11-776   Phased review.

197-11-778   Preparation.

197-11-780   Private project.

197-11-782   Probable.

197-11-784   Proposal.

197-11-786   Reasonable alternative.

197-11-788   Responsible official.

197-11-790   SEPA.

197-11-792   Scope.

197-11-793   Significant.

197-11-794   Significant.

197-11-796   State agency.

197-11-797   Threshold determination.

197-11-799   Underlying governmental action.

(Ord. 936 Exh. A, 1999).

18.04.240       Categorical exemptions.

The city adopts by reference the following rules for categorical exemptions, as supple­mented in this chapter and except as otherwise set forth in this chapter, including WAC 173-806-070, Flexible Thresholds, WAC 173-806-080, Use of Exemptions, and WAC 173-806-190, Critical Areas:

WAC

197-11-800   Categorical exemptions.

197-11-880   Emergencies.

197-11-890   Petitioning DOE to change exemptions.

(Ord. 936 Exh. A, 1999).

18.04.250       Agency compliance.

This section contains rules for agency com­pliance with SEPA, including rules for charg­ing fees under the SEPA process, designating categorical exemptions that do not apply within critical area, listing agencies with envi­ronmental expertise, selecting the lead agency, and applying these rules to current agency activities. The city adopts the following sec­tions by reference, as supplemented by WAC 173-806-050 through 173-806-053 and CMC 18.04.260, Fees.

WAC

197-11-900   Purpose of this part.

197-11-901   Agency SEPA policy.

197-11-916   Application of ongoing actions.

197-11-920   Agencies with environmental expertise.

197-11-921   Lead agency rules.

197-11-926   Lead agency for governmental proposals.

197-11-927   Lead agency for public and private proposals.

197-11-930   Lead agency for private project with one agency with jurisdiction.

197-11-932   Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a city.

197-11-934   Lead agency for private projects requiring licenses from a local agency, not a city, and one or more state agencies.

197-11-936   Lead agency for private projects requiring licenses from more than one state agency.

197-11-938   Lead agencies for specific proposals.

197-11-940   Transfer of lead agency status to a state agency.

197-11-942   Agreements on lead agency status.

197-11-944   Agreements on division of lead agency duties.

197-11-946   DOE resolution of lead agency disputes.

197-11-948   Assumption of lead agency status.

(Ord. 936 Exh. A, 1999).

18.04.260       Fees.

The city shall adopt, by resolution, a sched­ule of fees for its activities in accordance with the provisions of this chapter:

A.Threshold Determination. For every environmental checklist which does not require public notice, which the city reviews as lead agency, the city shall collect a fee as spec­ified by resolution from the proponent of the proposal prior to undertaking the threshold determination. For every environmental checklist which requires public notice, an additional advertising fee set by resolution shall be added to initial fees for each public notice which is required. Additional advertis­ing fees shall be collected for draft EIS, final EIS notice, supplemental notice, public hear­ing notice for an EIS hearing which is not included in the DEIS notice and public notice for any appeal of a DS, DNS or FEIS. All fees shall be collected prior to initiation of any phase of the environmental review process. All fees may be incorporated in the quarterly bill­ing for expenses in the case of an environmen­tal impact statement. The time periods provided by this chapter for making a thresh­old determination shall not begin to run until payment of the fees are received. When the city assists with the environmental checklist at the applicant’s request or under CMC 18.04.110, an additional fee, specified by res­olution shall be collected.

B.Environmental Impact Statement and Mitigated DNS.

1.When the city is the lead agency for a proposal requiring an EIS or a mitigated DNS and the responsible official determines that the document shall be prepared by employees of the city, the city may charge and collect a rea­sonable fee from any applicant to cover costs incurred by the city in preparing the document. The responsible official shall advise the appli­cant(s) of the projected costs for the docu­ments prior to actual preparation; the applicant shall post bond or otherwise ensure payment of such costs.

2.For all proposals requiring an EIS or a mitigated DNS in which the city is the lead agency and for which the responsible official determines that an EIS or mitigated DNS shall be prepared, an initial fee set by resolution plus an additional amount equal to the actual cost of staff time and expenses incurred in supervision of the preparation of the document, shall be charged to the proponent on a monthly basis; provided, that such total fee shall not exceed $20,000 without express authorization from the city council.

3.The responsible official may deter­mine that the city will contract directly with a consultant for preparation of an EIS, or a miti­gated DNS, or a portion thereof, for activities initiated by some persons or entity other than the city and may bill such costs and expenses directly to the applicant. The city may require the applicant to post bond or otherwise ensure payment of such costs. Such consultants shall be elected by mutual agreement of the city and applicant after a call for proposals.

4.If a proposal is modified so that an EIS or mitigated DNS is no longer required, the responsible official shall refund any fees collected under subdivision 1 or 2 of this sub­section which remain after incurred costs are paid.

C.The city shall collect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this chapter relating to the applicant’s proposal.

D.The city shall not collect a fee for per­forming its duties as a consulted agency.

E.The city may charge any person for cop­ies of any document prepared under this chap­ter, and for mailing the document, in a manner provided by Chapter 42.17 RCW. (Ord. 936 Exh. A, 1999).

18.04.270       Forms.

The city adopts the following forms and sec­tions by reference:

WAC

197-11-960   Environmental checklist.

197-11-965   Adoption notice.

197-11-970   Determination of nonsignificance (DNS).

197-11-980   Determination of significance and scoping notice (DS).

197-11-985   Notice of assumption of lead agency status.

197-11-990   Notice of action.

(Ord. 936 Exh. A, 1999).

Chapter 18.10A

CRITICAL AREAS CODE –
GENERAL PROVISIONS

Sections:

18.10A.010   Purpose.

18.10A.020   Applicability.

18.10A.030   Exemptions.

18.10A.040   Reasonable use.

18.10A.050   Reference maps and inventories.

18.10A.060   Disclosure.

18.10A.070   Review process.

18.10A.080   Mitigation, maintenance, monitoring and contingency.

18.10A.090   Surety.

18.10A.100   Special reports.

18.10A.110   Drainage and erosion control plan.

18.10A.120   Geotechnical report.

18.10A.130   Grading and excavation plan.

18.10A.140   Wetland boundary survey and ranking evaluation.

18.10A.150   Wetland management and mitigation plan.

18.10A.160   Habitat boundary survey and ranking evaluation.

18.10A.170   Fish/wildlife habitat management and mitigation plan.

18.10A.180   Definitions.

18.10A.190   Administration.

18.10A.200   Enforcement.

18.10A.010

Purpose.

The purpose of this title is to provide for rea­sonable protection of the natural environment and the general public health, safety and wel­fare, and satisfy the requirements of RCW 36.70A.060 by:

A.Implementing the City of Cashmere Comprehensive Plan;

B.Establishing standards to protect critical areas;

C.Protecting the general public, resources and facilities from injury, loss of life, property damage or financial loss due to flooding, land­slides, or failure of steep slopes;

D.Protecting unique, fragile and valuable elements of the environment;

E.Meeting the requirements of the National Flood Insurance program and main­taining the city as an eligible community for federal flood insurance benefits;

F.Preventing cumulative adverse environ­mental impacts on water availability, water quality, groundwater, wetlands, rivers and streams;

G.Providing appropriate guidance and pro­tection measures for addressing the needs and concerns associated with critical areas that help define the quality of life in the city;

H.Encouraging the retention of open space and development of recreational opportunities, conserving fish and wildlife habitat, and increasing access to natural resource lands and water;

I.Implementing applicable mandated fed­eral and state regulations; and

J.Incorporating best available science in determining appropriate measures to protect the functions and values of critical areas and for the preservation and/or enhancement of anadromous fisheries. (Ord. 1020 § 1, 2002).

18.10A.020

Applicability.

A.The provisions of this title shall apply to all development activities within the city’s incorporated limits. Any development autho­rized to alter the condition of any land, water or vegetation, or to alter or construct any build­ing, structure or improvement, shall be in com­pliance with the requirements of this title.

B.When the provisions of this title or any other provisions of the city’s municipal code are in direct conflict with each other or with other federal or state regulations, the provision that is the most restrictive shall apply. (Ord. 1020 § 1, 2002).

18.10A.030

Exemptions.

The activities enumerated below are exempt from the provisions of this title. The final determination of whether an activity is exempt is an administrative function of the city. Exempt activities shall strive to avoid impacts to critical areas, and shall use reasonable meth­ods to avoid potential impacts. To be exempt from this chapter does not give permission to degrade a critical area or ignore risk from nat­

ural 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.

A.Normal maintenance or repair of exist­ing legal buildings, structures, roads or devel­opment, including damage by accident, fire or natural elements. Normal repair of buildings and structures involves restoring to a state comparable to the original condition, includ­ing the replacement of walls, fixtures and plumbing; provided, that the value of work and materials in any 12-month period does not exceed 25 percent of the value of the structure prior to such work as determined by using the most recent ICBO construction tables, the repair does not expand the number of dwelling units in a residential building, the building or structure is not physically expanded, and, in the case of damaged buildings and structures, a complete application for repair is accepted by the city within six months of the event and repair is completed within the terms of the per­mit;

B.Emergency construction necessary to protect life or property from immediate dam­age by the elements. An emergency is an unan­ticipated event or occurrence which poses an imminent threat to public health, safety, or the environment, and which requires immediate action within a time too short to allow full compliance. Once the threat to the public health, safety, or the environment has dissi­pated, the construction undertaken as a result of the previous emergency shall then be sub­ject to and brought into full compliance with this title;

C.Existing agricultural activities normal or necessary to general farming conducted according to industry-recognized best man­agement practices including the raising of crops or the grazing of livestock;

D.The normal maintenance and repair of artificial drainage systems which does not involve the use of heavy equipment, and which does not require permit issuance from other local, state or federal agencies;

E.Site investigative work necessary for land use application submittals such as sur­veys, soil logs, percolation tests and other related activities. In every case, critical area impacts should be minimized and disturbed areas shall be immediately restored; and

F.Passive recreational activities, including, but not limited to, fishing, bird watching, hik­ing, hunting, boating, horseback riding, skiing, swimming, canoeing, and bicycling provided the activity does not alter the critical area or its buffer by changing existing topography, water conditions or water sources. (Ord. 1020 § 1, 2002).

18.10A.040

Reasonable use.

A.The city may modify the requirements of this title in specific cases when necessary to allow reasonable use of an applicant’s prop­erty. To qualify for such relief the applicant must demonstrate all of the following:

1.That no other reasonable use can be made of the property that will have a lesser adverse impact on the critical area and adjoin­ing and neighboring lands;

2.That the proposed use does not pose a threat to the public health, safety or welfare; and

3.That the amount of relief requested is the minimum necessary to allow reasonable use of the property.

B.A request for a reasonable use exception shall be submitted to the city with the applica­tion materials for the particular development proposal. The application shall be supple­mented with an explanation as to how the rea­sonable use exception criteria are satisfied. The city may require additional information or studies to supplement the reasonable use exception request.

C.A reasonable use exception shall be pro­cessed according to the provisions of CMC Title 14 governing limited administrative reviews. (Ord. 1020 § 1, 2002).

18.10A.050

Reference maps and inventories.

The distribution of critical areas within the city is described and displayed in reference materials and on maps maintained by the city. These reference materials, in the most current form, are intended for general information

only and do not depict site-specific designa­tions. They are intended to advise the city, applicants and other participants in the devel­opment permit review process that a critical area may exist and that further study, review and consideration may be necessary. These reference materials shall include but are not limited to the following:

A.Maps.

1.City of Cashmere Critical Area Refer­ence Map: Wetland Areas;

2.City of Cashmere Critical Area Refer­ence Map: Fish and Wildlife Habitat Areas;

3.City of Cashmere Critical Area Refer­ence Map: Geologically Hazardous Areas;

4.City of Cashmere Critical Area Refer­ence Map: Frequently Flooded Areas;

5.Flood Insurance Rate Maps (1976);

6.Flood Boundary and Floodway Maps (1976);

7.U.S. Fish and Wildlife Service National Wetlands Inventory;

8.Washington State Department of Fish and Wildlife Priority Habitats and Species Maps;

9.U.S.G.S. 7.5 Minute Series Topo­graphic Quadrangle Maps; and

10.Aerial photos.

B.Documents.

1.Approved special reports previously completed for a subject property;

2.The Flood Insurance Study for the Town of Cashmere (1976);

3.City of Cashmere Comprehensive Plan;

4.City of Cashmere Shoreline Master Program;

5.NRCS Soil Survey Maps for Chelan County Area;

6.Federal Wetlands Delineation Man­ual (1987);

7.Washington State Wetlands Identifi­cation and Delineation Manual (DOE, March 1997);

8.Washington State Wetlands Rating System for Eastern Washington (DOE #91-58). (Ord. 1020 § 1, 2002).

18.10A.060

Disclosure.

The presence of any known or suspected critical areas on or within 100 feet of property that is the subject of a development permit shall be identified by the applicant in the appli­cation materials submitted to the city. (Ord. 1020 § 1, 2002).

18.10A.070

Review process.

Provisions of this title shall be considered and applied appropriately during development permit application reviews initiated under applicable titles of the CMC. (Ord. 1020 § 1, 2002).

18.10A.080

Mitigation, maintenance, monitoring and contingency.

A.Mitigation, maintenance, monitoring and contingency plans shall be implemented by the developer to protect critical areas and their buffers prior to the commencement of any development activities.

B.The property owner shall be responsible for reporting to the city and undertaking appro­priate corrective action when monitoring reveals a significant deviation from predicted impacts or a failure of mitigation or mainte­nance measures. (Ord. 1020 § 1, 2002).

18.10A.090

Surety.

If a development proposal is subject to mit­igation, maintenance or monitoring plans, an assurance device or surety may be required by the city in accordance with the CMC. (Ord. 1020 § 1, 2002).

18.10A.100

Special reports.

A.In order to maintain and protect critical areas, as well as to assist in classifying and designating such areas, site-specific environ­mental information will be required when evaluating a development proposal.

B.Special reports shall be submitted for review and approval in conjunction with development applications when required by the city. Each chapter of this title that deals with a specific critical area also contains a description of when special reports may be required. The city shall establish and maintain

a list of qualified consultants for the different types of reports, plans, studies, etc.

C.When no other application review pro­cess is required, final special reports shall be reviewed and approved by the city according to the provisions governing limited adminis­trative reviews.

D.The preparation of special reports or tests required by this title is the responsibility of the applicant for a development permit. Costs incurred by the city to engage technical consultants or for staff review and interpreta­tion of data and findings submitted by or on behalf of the developer or applicant shall be reimbursed by the applicant in accordance with a schedule adopted by the city.

E.Special studies and reports, including site plans, shall be submitted in such a manner that they conform to the most current version of the city’s design guidelines, as determined by the public works coordinator.

F.The city may waive the requirement for a special report(s) in the following instances:

1.If the proposed development is a minor development that will not cause signifi­cantly adverse impacts;

2.There is adequate, existing informa­tion available on the area proposed for devel­opment to determine the impacts of the proposed development and appropriate mitiga­tion measures; or

3.If the city determines, after a site visit, that the proposal is not located within a critical area, even though it may appear on the refer­ence maps identified above. (Ord. 1020 § 1, 2002).

18.10A.110

Drainage and erosion control plan.

A.All drainage and erosion control plans shall be prepared by an engineer licensed in the state of Washington. Upon the city’s review and approval of the drainage and erosion con­trol plans, the identified measures to prevent contaminated stormwater from being dis­charged off the construction site must be in place prior to any clearing, grading or con­struction.

B.All drainage and erosion control plans shall address methods to minimize and contain soil within the project boundaries during con­struction and to provide for stormwater drain­age from the site and its surroundings during and after construction. Best management prac­tices (BMPs) must be used to prevent any sed­iment, oil, gas, pesticide-contaminated soil or other pollutants from entering surface or ground water.

C.All drainage and erosion control plans shall be prepared using the Type 2 SCS model, taking into account a storm event equal to or exceeding two inches of rainfall in 90 minutes. (Ord. 1020 § 1, 2002).

18.10A.120

Geotechnical report.

A.All geotechnical reports shall be pre­pared by a consultant team including a geolo­gist and/or a geotechnical engineer, or an engineer or an engineering geologist who is knowledgeable of regional geologic condi­tions and who derives his/her livelihood from employment in one of these specialized fields.

B.A geotechnical report shall include a description of the geology of the site, conclu­sions and recommendations regarding the effect of geologic conditions on the proposed development, and opinions and recommenda­tions on the suitability of the site to be devel­oped. More specifically, the report shall evaluate the actual presence of geologic condi­tions giving rise to the geologic hazard, includ­ing without limitation the following:

1.Documentation of site history, evi­dence of past geologically hazardous activities in the vicinity, quantitative analysis of slope stability and available geologic information;

2.Surface reconnaissance of the site and adjacent areas;

3.Subsurface exploration of the site to assess potential geologic impacts of the pro­posal;

4.Hydrologic analysis of slope and/or soil stability;

5.Approximate depth to groundwater;

6.Evaluation of the safety of the pro­posed project, and identification of construc­tion practices, monitoring programs and other mitigation measures necessary; and

7.Demonstration of the following:

a.There will be no increase in sur­face water discharge or sedimentation to adja­cent properties;

b.There will be no decrease in slope stability on the site nor on adjacent properties;

c.There is no hazard as proven by evidence of no past geologically hazardous activity in the vicinity of the proposed devel­opment and a quantitative analysis of slope stability indicates no significant risk to the development proposal and adjacent properties; and

d.The geologically hazardous area can be modified or the development proposal can be designed such that the hazard is elimi­nated or mitigated, making the site as safe as one without a hazard.

C.The recommendations from a soils engi­neering report and the engineering geology report shall be incorporated in a geotechnical report and in the grading plan specifications.

1.The soils engineering report, prepared according to Appendix, Chapter and Section 3309.5 of the Uniform Building Code (U.B.C.), shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for cor­rective measures if necessary.

2.The engineering geology report, pre­pared according to Appendix, Chapter and Section 3309.6 of the U.B.C., shall include an adequate description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the pro­posed development, and opinion on the ade­quacy for the intended use of sites to be developed by the proposed grading. (Ord. 1020 § 1, 2002).

18.10A.130

Grading and excavation plan.

All grading and excavation plans shall be prepared by an engineer licensed in the state of Washington, and shall meet the standards and requirements set forth in Chapter 15.11 CMC, Appendix Chapter 33 of the Uniform Building Code, and shall contain the following informa­tion:

A.A cover sheet showing the location of work, the name and address of the owner and the engineer who prepared the plans;

B.General vicinity of the proposed site;

C.Property limits and accurate contours of existing ground and details of terrain and area drainage. Contour intervals for slopes 10 per­cent or less shall be no more than two feet, and intervals for slopes exceeding 10 percent shall be no more than five feet;

D.Limits of proposed excavation and fill sites, finished contours to be achieved by the grading, and proposed drainage channels to offset stormwater impacts during grading and excavation (and related construction);

E.Detailed plans of all surface and subsur­face drainage devices, walls, cribbing, dams and other protective devices to be constructed with, or as part of, the proposed work, together with a map showing the drainage area and the estimated runoff of the area served by any drains;

F.Location of any buildings or structures on the property where the work is to be per­formed and the location of any buildings or structures on land of adjacent owners which are within 15 feet of the property;

G.Recommendations included in a soils engineering report and the engineering geol­ogy report shall be incorporated in the grading plans or specifications. When approved by the building official, specific recommendations contained in the soils engineering report and the engineering geology report, which are applicable to grading, may be included by ref­erence;

H.The dates of the soils engineering and engineering geology reports together with the names, seals, license numbers, addresses and phone numbers of the firms and/or individuals who prepared the reports. (Ord. 1020 § 1, 2002).

18.10A.140

Wetland boundary survey and ranking evaluation.

A.A wetland boundary survey to identify and delineate a wetland, and a wetland ranking evaluation, shall be conducted by a biologist who is knowledgeable of wetland conditions within North Central Washington and who

derives his/her livelihood from employment in this occupation. The wetland boundary shall be field staked by the biologist and surveyed by a land surveyor for disclosure on all final plats, maps, etc.

B.The Washington State Wetlands Identi­fication and Delineation Manual (DOE, March 1997) and the Washington State Wetlands Rat­ing System for Eastern Washington (DOE #91-58) shall be used as the basis for identify­ing, delineating and rating the wetland bound­ary.

C.The city may waive the requirement for the survey for minor development as defined in this chapter, if:

1.The proposed development is no closer to the wetland area(s) than the largest required buffer, as determined through a site assessment conducted by a qualified individ­ual;

2.There is adequate information avail­able on the area proposed for development to determine the impacts of the proposed devel­opment and appropriate mitigating measures; and

3.The applicant provides voluntary deed restrictions that are approved by the city.

D.The wetland boundary and wetland buffer area shall be identified on all plats, maps, plans and specifications submitted for the project.

E.An evaluation of any unranked wetland is necessary when there is a proposed develop­ment or activity to be located adjacent to or within an area containing a wetland.

F.The wetland ranking evaluation shall be used to determine if the wetland is a Level 1 Critical or a Level 2 Awareness wetland. It shall evaluate those factors identified in Chap­ter 18.10B CMC that are used to distinguish between these categories, and it shall take into consideration historical information on the area in question, the dynamic nature of wet­lands and an evaluation of entire wetland com­plexes, as opposed to isolated wetlands on individual parcels. (Ord. 1020 § 1, 2002).

18.10A.150

Wetland management and mitigation plan.

A.A wetland management and mitigation plan shall be prepared by a biologist who is knowledgeable of wetland conditions within North Central Washington and who derives his/her livelihood from employment in this occupation.

B.The wetland management and mitiga­tion plan shall demonstrate, when imple­mented, that there shall be no net loss of the ecological function of the wetland.

C.The wetland management and mitiga­tion plan shall identify the existing functions and values of the wetland areas, provide an assessment of the impacts from the project and how impacts from the proposed project shall be mitigated, as well as identifying the neces­sary monitoring and contingency actions for the continued maintenance of the classified wetland and its associated buffer. Where miti­gation ratios are necessary/proposed, the Washington State Wetlands Rating System for Eastern Washington (DOE #91-58) will be used to provide guidance.

D.The wetland management and mitiga­tion plan shall contain a report that includes, but is not limited to, the following informa­tion:

1.Vicinity maps, regional 1:24,000 and local 1:4,800;

2.Location maps at a scale consistent with the city of Cashmere design guidelines;

3.A map or maps indicating the bound­ary of the identified wetland; the width and length of all existing and proposed structures, utilities, roads, easements; wastewater and stormwater facilities; adjacent land uses, zon­ing districts and comprehensive plan designa­tions;

4.A description of the proposed project including the nature, density and intensity of the proposed development and the associated grading, structures, utilities, etc., in sufficient detail to allow analysis of such land use change upon the identified wetland;

5.A detailed discussion of surface and subsurface hydrologic features both on and adjacent to the site where the city determines appropriate;

6.A description of the vegetation in the classified wetland, on the overall project site and adjacent to the site;

7.A detailed description of the proposed project’s effect on the classified wetland, and a discussion of any federal, state or local man­agement recommendations which have been developed for the area;

8.A discussion of the following mitiga­tion alternatives as they relate to the proposal:

a.Avoiding the impact altogether by not taking a certain action or parts of an action,

b.Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technol­ogy, or by taking affirmative steps to avoid or reduce impacts,

c.Rectifying the impact by repairing, rehabilitating or restoring the affected environ­ment,

d.Compensating for the impact by replacing, enhancing or providing substitute resources or environments;

9.A plan by the applicant that explains how any adverse impacts created by the pro­posed development will be mitigated, includ­ing without limitation the following tech­niques:

a.Establishment of buffer zones,

b.Preservation of critically important plants and trees,

c.Limitation of access to the classi­fied wetland area,

d.Seasonal restriction of construc­tion activities,

e.Establishment of a timetable for periodic review of the plan;

10.A detailed discussion of ongoing management practices which will protect the classified wetland after the project site has been fully developed, including proposed monitoring, contingency, maintenance and surety programs. (Ord. 1020 § 1, 2002).

18.10A.160

Habitat boundary survey and ranking evaluation.

A.A wildlife habitat boundary survey and ranking evaluation shall be conducted by a wildlife biologist who is knowledgeable of wildlife habitat within North Central Washing­ton and who derives his/her livelihood from employment in this occupation. The wildlife habitat boundary shall be field staked by the biologist and surveyed by a land surveyor for disclosure on all final plats, maps, etc.

B.The Management Recommendations for Washington’s Priority Habitats and Species may be used as a tool for identifying and delin­eating the habitat boundary.

C.The city may waive the requirement for the survey for minor development as defined in this chapter, if:

1.The proposed development is not within the extended proximity of the associ­ated habitat;

2.There is adequate information avail­able on the area proposed for development to determine the impacts of the proposed devel­opment and appropriate mitigating measures; and

3.The applicant provides voluntary deed restrictions that are approved by the city.

D.An evaluation of any unranked fish and wildlife habitat is necessary when there is a proposed development or activity to be located adjacent to or within an area containing a wet­land.

E.The evaluation shall be used to deter­mine if the fish and wildlife habitat is a Level 1 Critical or a Level 2 Awareness fish and wildlife habitat conservation area. It shall eval­uate those factors identified in Chapter 18.10C CMC that are used to distinguish between these categories, and it shall take into consid­eration historical information on the area in question, the dynamic nature of habitat conser­vation areas and an evaluation of the entire habitat conservation area, as opposed to iso­lated indicators on individual parcels.

F.The wildlife habitat boundary and asso­ciated buffer shall be identified on all plats, maps, plans and specifications submitted for the project. (Ord. 1020 § 1, 2002).

18.10A.170

Fish/wildlife habitat management and mitigation plan.

A.A fish/wildlife habitat management and mitigation plan shall be prepared by a wildlife biologist who is knowledgeable of wildlife habitat within North Central Washington and who derives his/her livelihood from employ­ment in this field.

B.The fish/wildlife habitat management and mitigation plan shall demonstrate, when implemented, that there shall be no net loss of ecological function of habitat.

C.The fish/wildlife habitat management and mitigation plan shall identify how impacts from the proposed project shall be mitigated, as well as the necessary monitoring and con­tingency actions for the continued mainte­nance of the classified habitat conservation area and its associated buffer.

D.The fish/wildlife habitat management and mitigation plan shall contain a report con­taining, but not limited to, the following infor­mation:

1.Vicinity maps, regional 1:24,000 and local 1:4,800;

2.Location maps at a scale consistent with the city of Cashmere design guidelines;

3.A map or maps indicating the bound­ary of the habitat conservation areas; the width and length of all existing and proposed struc­tures, utilities, roads, easements; wastewater and stormwater facilities; adjacent land uses, zoning districts and comprehensive plan desig­nations;

4.A description of the proposed project including the nature, density and intensity of the proposed development and the associated grading, structures, roads, easements, waste­water facilities, stormwater facilities, utilities, etc., in sufficient detail to allow analysis of such land use change upon the habitat conser­vation area;

5.A detailed discussion of surface and subsurface hydrologic features both on and adjacent to the site where the city determines appropriate;

6.A description of the vegetation in the habitat conservation area, on the overall project site and adjacent to the site;

7.A detailed description of the proposed project’s effect on the habitat conservation area, and a discussion of any federal, state or local management recommendations which have been developed for the species or habitats in the area;

8.A discussion of the following mitiga­tion alternatives as they relate to the proposal:

a.Avoiding the impact altogether by not taking a certain action or parts of an action,

b.Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technol­ogy, or by taking affirmative steps to avoid or reduce impacts,

c.Rectifying the impact by repairing, rehabilitating or restoring the affected environ­ment,

d.Compensating for the impact by replacing, enhancing, or providing substitute resources or environments;

9.A plan by the applicant that explains how any adverse impacts created by the pro­posed development will be mitigated, includ­ing without limitation the following tech­niques:

a.Establishment of buffer zones,

b.Preservation of critically important plants and trees,

c.Limitation of access to the habitat conservation area,

d.Seasonal restriction of construc­tion activities,

e.Establishment of a timetable for periodic review of the plan;

10.A detailed discussion of ongoing management practices which will protect the habitat conservation area after the project site has been fully developed, including proposed monitoring, contingency, maintenance and surety programs. (Ord. 1020 § 1, 2002).

18.10A.180

Definitions.

A.Except where specifically defined in this chapter, all words used in this title shall carry their customary meanings. These definitions are used in addition to those found in other ordinances, laws and/or regulations of the city, including without limitation those found in the zoning code, the land division code, the devel­opment standards code, etc. Words used in the present tense include the future; the plural includes the singular; the word “shall” is always mandatory; the word “may” denotes a use of discretion in making a decision; the words “used” or “occupied” shall be considered as though followed by the words “or intended, arranged or designed to be used or occupied.” The definition of any word or phrase not listed in the definitions that is in question when administering this title shall be defined from one of the following sources, which shall be utilized by finding the desired definition from source number one, but if it is not available there, then source number two may be used and so on. The sources are as fol­lows:

1.Any city resolution, ordinance, code, regulation or formally adopted comprehensive plan, shoreline master program or other for­mally adopted land use plan;

2.Any statute or regulation of the state of Washington;

3.Legal definitions from Washington common law or a law dictionary;

4.The common dictionary.

B.As used in this title, the following defi­nitions shall apply:

1.“Buffer” means an area contiguous with a critical area that is required for the integrity, maintenance, function and structural stability of the critical area.

2.“Classification” means defining value and hazard categories to which critical areas will be assigned.

3.“Clearing” means the removal of tim­ber, rocks, brush, grass, groundcover or other vegetative matter from a site which exposes the earth’s surface of the site.

4.“Critical areas” means and includes the following areas and ecosystems:

a.“Erosion hazard areas” means areas with soils, as identified by the NRCS Soil Survey of Chelan Area, Washington, that may experience “severe” to “very severe” ero­sion hazard.

b.“Fish and wildlife habitat areas” means those areas identified as being of criti­cal importance to maintenance of fish, wildlife and plant species, including: areas with which endangered, threatened and sensitive species have a primary association; habitats and spe­cies of local importance; naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habi­tat; lakes, ponds, streams and rivers planted with game fish by a governmental or a tribal entity; state natural area preserves and natural resource conservation areas.

c.“Frequently flooded areas” means lands in the floodplain subject to a one percent or greater chance of flooding in any given year. These areas include, but are not limited to, streams, rivers, lakes, coastal areas, wet­lands, and the like.

d.“Geologically hazardous areas” means areas that, because of their susceptibil­ity to erosion, sliding, earthquake or other geo­logical events, are not suited to siting commercial, residential or industrial develop­ment consistent with public health or safety concerns.

e.“Landslide hazard areas” means:

i.Any area with a combination of: slopes greater than 15 percent; and imperme­able soils (typically silt and clay) frequently interbedded with granular soils (predomi­nantly sand and gravel); and springs or groundwater seepage;

ii.Any area that has shown move­ment during the Holocene epoch (10,000 years ago to the present), or that is underlain by mass wastage debris of that epoch;

iii.Any area potentially unstable as a result of rapid stream incision or stream bank erosion.

f.“Seismic hazard areas” are areas subject to severe risk of earthquake damage as a result of seismically induced settlement or soil liquefaction. These conditions occur in areas underlain by cohesionless soils of low density, usually in association with a shallow groundwater table.

g.“Wetland” or “wetlands” means areas that are inundated or saturated by surface water or groundwater at a frequency and dura­tion sufficient to support, and that under nor­mal circumstances do support, a prevalence of vegetation typically adopted for life in satu­rated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. 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 facilities, farm ponds and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street or highway. Artificial wetlands are defined as those created from nonwetland sites including but not limited to irrigation and drainage ditches, grass-lined swales, canals, detention facilities with water treatment facilities, farm ponds, and landscape amenities. However, wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands.

5.“Major development” means an activ­ity that is required to obtain a permit from the city that is classified by CMC Title 14 as a “full administrative” or “quasi-judicial” review pro­cess.

6.“Minor development” means an activity that is required to obtain a permit from the city that is classified by CMC Title 14 as a “limited administrative” review process. (Ord. 1020 § 1, 2002).

18.10A.190

Administration.

The city administrator or his/her designee shall have the authority and duty to administer the provisions of this title. The city administra­tor may adopt, and revise as required, such instructions, policies and forms as are neces­sary to carry out the provisions of the applica­ble titles. (Ord. 1020 § 1, 2002).

18.10A.200

Enforcement.

The provisions of Chapter 14.13 CMC shall be applied and interpreted for the enforcement of violations of the provisions contained within these chapters. (Ord. 1020 § 1, 2002).

Chapter 18.10B

CRITICAL AREAS CODE – WETLANDS

Sections:

18.10B.010  Permitted uses and activities.

18.10B.020   Classification.

18.10B.030   Designation.

18.10B.040   Application requirements.

18.10B.050  General standards.

18.10B.060  Specific standards.

18.10B.010

Permitted uses and activities.

Uses and activities allowed within desig­nated wetlands or associated wetland buffers are those uses permitted by the zoning district, subject to the provisions of this chapter. (Ord. 1020 § 1, 2002).

18.10B.020

Classification.

A.All wetlands shall be classified by the city to reflect the relative function, value and uniqueness of the wetland as determined through an approved wetland ranking evalua­tion submitted by the applicant for any devel­opment permit. The city may use the following information sources as guidance in identifying the presence of potential wetlands and the sub­sequent need for a wetland delineation study:

1.All sources identified in CMC 18.10A.050;

2.Hydric soils, soils with significant soil inclusions, and “wet spots” identified within the Chelan County area soil survey;

3.Previous wetland ranking evaluation; and

4.On-site inspection.

B.Wetlands shall be classified according to the following system:

1.Level 1 – Critical Wetlands. These wetlands include those determined to be Cate­gory I or Category II wetlands according to the “Washington State Wetland Rating System for Eastern Washington” (Ecology Publication #91-58, 1991). These areas will be left undis­turbed, unless the development proposal involves appropriate mitigation measures for unavoidable impacts, as determined on a site-specific basis.

2.Level 2 – Awareness Wetlands. These wetlands will include those determined to be Category III or Category IV wetlands according to the “Washington State Wetland Rating System for Eastern Washington” (Ecol­ogy Publication #91-58, 1991). They will be afforded the maximum amount of protection possible through appropriate development techniques such as buffering, limiting access, enhancing, etc. At a minimum, the developers and users of property within an awareness area will be provided brochures that indicate tech­niques for protecting and co-existing with wet­land areas. (Ord. 1020 § 1, 2002).

18.10B.030

Designation.

All existing lands, shorelands and waters of the city classified according to the provisions contained in this chapter, as determined by the city, are designated as wetlands. (Ord. 1020 § 1, 2002).

18.10B.040

Application requirements.

Development permit applications shall pro­vide appropriate information on forms pro­vided by the city, including without limitation the information described below. Additional reports or information to identify potential impacts and mitigation measures to wetlands may be required if deemed necessary.

A.Minor Development. Projects processed by the city according to the provisions govern­ing limited administrative review within a wet­land or wetland buffer shall disclose, at a minimum, the following information on a site plan drawn to scale:

1.The location and boundaries of the wetland;

2.The location and dimensions of all existing and proposed buildings, roads and other improvements, and their physical rela­tionship to the wetland and associated buffers; and

3.The location and type of any pro­posed buffers, including the identification of any other protective measures.

B.Major Development. Projects processed by the city according to the provisions govern­ing full administrative review or quasi-judicial review within a wetland or its buffer shall pro­vide the following information, in addition to the information described in subsection A of this section:

1.Wetland boundary survey and rank­ing evaluation as defined within this title;

2.Wetland management and mitigation plan as defined within this title;

3.A drainage and erosion control plan as defined within this title; and

4.A grading and excavation plan as defined within this title. (Ord. 1020 § 1, 2002).

18.10B.050

General standards.

The following minimum standards shall apply to all development activities occurring within designated wetlands and/or their buff­ers. For minor developments within a Level 2 Awareness wetland, as defined herein, the city may waive the requirements for a comprehen­sive wetland mitigation plan where it is deter­mined by the city that there will be little or no impact to the wetland area.

A.Level 1 Critical wetlands will be left undisturbed, unless the development proposal involves appropriate mitigation and enhance­ment measures as determined on a site-specific basis.

B.Level 2 Awareness wetlands will be afforded the maximum amount of protection possible through appropriate development techniques such as establishing critical area buffers, access limitations, enhancement of the wetland, etc. To ensure long-term success of a project containing a wetland, a comprehensive wetland mitigation plan will be submitted to the city for its approval. Such plans will pro­vide for sufficient monitoring and contingen­cies to ensure natural wetland persistence.

C.Proposals for restoration, creation or enhancement of wetlands will be coordinated with appropriate resource agencies providing recommendations to promote adequate design.

D.Activities or uses that would strip the shoreline of vegetative cover, cause substan­tial erosion or sedimentation, or significantly, adversely affect aquatic life will be prohibited.

E.On-site replacement of wetlands will be provided whenever practical. Where on-site replacement is not feasible or practical due to characteristics of the existing location, replacement will occur within the same water­shed and proximity. If necessary, wetlands artificially created voluntarily may be used.

F.A wetland buffer area of adequate width will be maintained between wetlands and adja­cent new development to protect the functions and integrity of the wetland. The ultimate width of the established buffer will be based on the function and sensitivity of the wetland, the characteristics of the existing buffer, the potential impacts associated with the adjacent and proposed land use, as well as other exist­ing regulations which may control the pro­posed activity.

G.Wetland buffers will be retained in their natural conditions unless a portion of a wet­land buffer is proposed to be utilized in a way that will not have an adverse impact on the wetland, or adequate mitigation cannot or will not be provided. The integrity of the wetland will be maintained as a function of the buffer.

H.Construction of structural shoreline sta­bilization and flood control works will be min­imized.

I.Wetland alteration will not cause signifi­cant adverse impacts to wetland ecosystems or surrounding areas, unless the impacts are unavoidable and necessary to the feasibility of the project. In such cases the resultant impacts will be offset through the deliberate restora­tion, creation, or enhancement of wetlands or other mitigation acceptable to the city.

J.Appropriate buffer areas shall be main­tained between all permitted uses and activi­ties and the designated wetland.

1.All buffers shall be measured on a horizontal plane from the wetland edge, as established by the approved wetland boundary survey.

2.All buffer areas shall be temporarily fenced between the construction activity and the buffer with a highly visible and durable protective barrier during construction to pre­vent access and protect the designated wetland and associated buffer. This requirement may be waived by the city if an alternative to fenc­ing which achieves the same objective is pro­posed and approved.

3.Except as otherwise allowed, buffers shall be retained in their natural condition. If degradation has previously occurred within the designated buffer area, the degraded areas shall be restored to a natural condition, as approved by the city. Any habitat created, restored or enhanced as compensation for approved wetland alterations shall have the standard buffer required for the category of the created, restored or enhanced wetland. Where buffer disturbance has occurred during con­struction, revegetation with native vegetation shall be required.

4.The width of the buffer may be increased by the city for a development project on a case-by-case basis when a larger buffer is necessary to protect the designated wetland function and value. The determination shall be based on site-specific and project-related con­ditions which include, without limitation:

a.The designated wetland is used for feeding, nesting and resting by species pro­posed or listed by the federal or state govern­ment as endangered, threatened, sensitive, candidate, monitor or critical; or if it is out­standing potential habitat for those species or has unusual nesting or resting sites such as heron rookeries or raptor nesting trees;

b.The adjacent land is susceptible to severe erosion and erosion control measures will not effectively prevent adverse wetland impacts;

c.The proposed development adja­cent to the designated wetland would be a high intensity land use.

5.Standard buffer widths may be modi­fied by the city for a particular development proposal by averaging the required standard buffer widths for that development based on a report submitted by the applicant and prepared by a qualified professional approved by the city (e.g., wetland biologist), and shall only be allowed where the applicant demonstrates all of the following:

a.Averaging is necessary to avoid an extraordinary hardship to the applicant caused by circumstances peculiar to the property;

b.The designated wetland contains variations in sensitivity due to existing physi­cal characteristics;

c.The width averaging will not adversely impact the designated wetland’s functional value;

d.The total area contained within the buffer after averaging is no less than that con­tained within the standard buffer prior to aver­aging; and

e.The buffer width shall not be reduced, at any location, by more than 25 per­cent of the required buffer described below, and in no case may the buffer be less than 25 feet in width.

6.The minimum width of a wetland buffer, as measured from the wetland edge established in the approved wetland boundary survey, shall be as follows, except as may be averaged and/or increased as provided for in this chapter:

a.Level 1 Critical: 100 feet.

b.Level 2 Awareness: 75 feet. (Ord. 1020 § 1, 2002).

18.10B.060

Specific standards.

The following standards shall apply to the activity identified below, in addition to the gen­eral standards outlined in CMC 18.10B.050.

A.Docks. Construction of a dock, pier, moorage, float or launch facility may be autho­rized subject to the following standards:

1.The dock/facility shall be in substan­tial conformance with the city shoreline master program;

2.The dock/facility and landward access shall not significantly alter the existing wetland or buffer vegetation; and

3.For all land divisions, dock/facilities shall be designed, designated and constructed for joint and/or community use.

B.Road Repair and Construction. When no other practical alternative exists, public or pri­vate road repair, maintenance, expansion or construction may be authorized within a wet­land buffer, subject to the following minimum standards:

1.The road shall serve multiple proper­ties;

2.No unmitigated impacts to the desig­nated wetland or buffer area shall result from the repair, maintenance, expansion or con­struction of any public or private road;

3.The road shall provide for the loca­tion of public utilities, pedestrian or bicycle easements, viewing points, etc.; and

4.Road repair and construction shall be the minimum necessary to provide safe travel­ing surfaces.

C.Major Developments. All major devel­opments processed by the city according to the provisions governing full administrative re­view or quasi-judicial review authorized within a wetland buffer shall comply with the following minimum standards:

1.Inundated and/or submerged lands shall not be used in calculating minimum lot area for proposed lots;

2.Only 50 percent of the total wetlands on the property, other than inundated and/or submerged lands, shall be used in calculating minimum lot area for proposed lots. All wet­land buffers may be included in the calculation of minimum lot area for proposed lots;

3.All plats shall disclose the presence on each residential lot of one building site, including access, that is suitable for develop­ment and which is not within the designated wetland or its associated buffer;

4.All designated wetland areas and their proposed buffers shall be clearly identified on all final plats, maps, documents, etc.;

5.Designated wetlands and their associ­ated wetland buffers shall be designated and disclosed on the final plats, maps, documents, etc. as open space tracts, nonbuildable lots and buffer areas or common areas, with ownership and control transferred to a homeowner’s asso­ciation. Associated wetland buffers may alter­natively be designated and disclosed on the final plats, maps, documents, etc. as an ease­ment or covenant encumbering the property.

D.Surface Water Management. When no other practical alternative exists, surface water management activities may be authorized within a wetland, subject to the following min­imum standards:

1.Wetlands may be used for reten­tion/detention facilities, subject to all of the following criteria:

a.The functions and water quality of the wetland or buffer shall not be adversely impacted;

b.The rate of flow into or the hydro-period of the wetland shall not increase above natural flow rates; and

c.All surface water discharged from impervious surfaces shall be treated prior to entering a wetland or buffer.

2.New surface water discharges to wet­lands from detention facilities, pre-settlement ponds, or other surface water management structures may be authorized, subject to all of the following criteria:

a.The discharge does not increase the rate of flow into or the hydro-period of the wetland above the natural rates;

b.All surface water discharged from impervious surfaces shall be treated prior to entering a wetland or buffer; and

c.The water quality of the wetland is not decreased.

E.Trails and Trail-Related Facilities. Con­struction of public and private trails and trail-related facilities, such as picnic tables, benches, interpretive centers and signs, view­ing platforms and campsites may be autho­rized within a designated wetland buffer, subject to the following minimum standards:

1.Trail facilities shall, to the extent fea­sible, be placed on existing road grades, utility corridors, or any other previously disturbed areas;

2.Trail facilities shall minimize the removal of trees, shrubs, snags and important forest and wildlife habitat;

3.Viewing platforms, interpretive cen­ters, campsites, picnic areas, benches and their associated access shall be designed and located to minimize disturbance of wildlife habitat and/or critical characteristics of the designated wetland;

4.Trail facilities shall be located at least a distance equal to the width of the trail corri­dor away from the wetland edge, as established by the approved wetland boundary survey; and

5.All facilities shall be constructed with materials complementary to the surrounding environment.

F.Utilities. When no other practical alter­native exists, construction of utilities within a wetland buffer may be authorized, subject to the following minimum standards:

1.Utility corridors shall be jointly used;

2.Corridor construction and mainte­nance shall protect the designated wetland buffer, and shall be aligned to avoid cutting trees greater than six inches in diameter at breast height when possible;

3.No pesticides, herbicides or other hazardous or toxic substances shall be used;

4.Utility corridors, including mainte­nance roads authorized by the city, shall be located at least a distance equal to the width of the utility corridor away from the wetland edge;

5.Corridors shall be revegetated to pre-construction densities with appropriate native vegetation immediately upon completion of construction, or as soon thereafter as possible given seasonal growing constraints. The utility purveyor shall provide an assurance device or surety in accordance with the CMC that ensures such vegetation survives;

6.Any additional corridor access for maintenance shall be provided as much as pos­sible at specific points rather than by parallel roads. If parallel roads are necessary they shall be no greater than 15 feet in width, and shall be contiguous to the location of the utility corri­dor on the side opposite the wetland;

7.Construction of sewer lines within a designated wetland buffer which are necessary to meet state and/or local health code require­ments shall not adversely impact the function and quality of the designated wetland buffer. (Ord. 1020 § 1, 2002).

Chapter 18.10C

CRITICAL AREAS CODE –
FISH AND WILDLIFE HABITAT CONSERVATION AREAS

Sections:

18.10C.010   Permitted uses and activities.

18.10C.020   Classification.

18.10C.030   Designation.

18.10C.040   Application requirements.

18.10C.050   General standards.

18.10C.060   Specific standards.

18.10C.010

Permitted uses and activities.

Uses and activities allowed within desig­nated fish and wildlife habitat conservation areas are those uses permitted by the zoning district, subject to the provisions of this chap­ter. (Ord. 1020 § 1, 2002).

18.10C.020

Classification.

A.All fish and wildlife habitat conserva­tion areas shall be classified by the city to reflect the relative function, value and unique­ness of the habitat area as established through an approved habitat ranking evaluation sub­mitted by the applicant for any development permit. The city may use the following infor­mation sources as guidance in identifying the presence of potential fish and wildlife habitat conservation areas and the subsequent need for a habitat boundary survey:

1.All sources identified in CMC 18.10A.050;

2.The city shoreline master program;

3.Washington Department of Fish and Wildlife priority habitat and species maps;

4.Previous habitat boundary surveys; and

5.On-site inspection.

B.Fish and wildlife habitat conservation areas shall be classified according to the fol­lowing system:

1.Level 1 Critical. These are habitat areas which may be significantly disrupted by development in the immediate vicinity. Criti­cal habitat may include winter ranges, migra­tion routes, nesting sites, perches and wetlands, riparian, aquatic and upland habitat areas. These habitats are designated as critical habitat on the City of Cashmere Critical Area Reference Map: Fish and Wildlife Habitat Areas.

2.Level 2 Awareness. These habitat areas are those surrounding or adjacent to des­ignated Level 1 Critical areas that, if disturbed, could impact the Level 1 area. These habitats are designated as awareness habitat on the City of Cashmere Critical Area Reference Map: Fish and Wildlife Habitat Areas. (Ord. 1020 § 1, 2002).

18.10C.030

Designation.

All existing areas of the city classified according to the provisions contained in this chapter, as determined by the city, are desig­nated as fish and wildlife habitat conservation areas. (Ord. 1020 § 1, 2002).

18.10C.040

Application requirements.

Development permit applications shall pro­vide appropriate information on forms pro­vided by the city, including without limitation the information described below. Additional reports or information to identify potential impacts and mitigation measures to fish and wildlife habitat conservation areas may be required if deemed necessary.

A.Minor Development. Projects processed by the city according to the provisions govern­ing limited administrative review within a fish or wildlife habitat conservation area or its buffer shall disclose, at a minimum, the fol­lowing information on a site plan drawn to scale:

1.The location and boundaries of the habitat conservation area;

2.The location and dimensions of all existing and proposed buildings, roads and other improvements, and their physical rela­tionship to the habitat conservation area;

3.The location and type of any pro­posed buffers, including the identification of any other protective measures.

B.Major Development. Projects processed by the city according to the provisions govern­ing full administrative review or quasi-judicial review within a fish or wildlife habitat conser­vation area or its buffer shall provide the following information, in addition to the information described in subsection A of this section:

1.Habitat boundary survey and ranking evaluation as defined in this title;

2.Habitat management and mitigation plan as defined in this title;

3.A drainage and erosion control plan as defined in this title; and

4.A grading and excavation plan as defined in this title. (Ord. 1020 § 1, 2002).

18.10C.050

General standards.

The following minimum standards shall apply to all development activities occurring within designated habitat conservation areas and/or their associated buffers. For minor developments within a Level 2 Awareness area, as defined herein, the city may waive the requirements for management and mitigation plans where it is determined by the city that there will be little or no impact to the habitat conservation area.

A.Level 1 Critical habitat conservation areas will be left undisturbed, unless the devel­opment proposal involves appropriate mitiga­tion and enhancement measures, as determined on a site-specific basis.

B.Level 2 Awareness habitat conservation areas will be afforded the maximum amount of protection possible through appropriate devel­opment techniques such as establishing critical area buffers, access limitations, enhancement of the habitat conservation areas, etc. To ensure long-term success of a project contain­ing habitat conservation areas, a comprehen­sive habitat management and mitigation plan will be submitted to the city for its approval. Such plans will provide for sufficient monitor­ing and contingencies to ensure natural habitat conservation area persistence.

C.Whenever possible, the maximum amount of vegetation will be maintained in its natural state and will be disturbed only as min­imally necessary for the development.

D.Riparian vegetation will not be removed unless there are no other alternatives available. When it is necessary, only those areas of veg­etation that are absolutely unavoidable may be cleared, and shall be revegetated with natural riparian vegetation as soon as possible.

E.Revegetation of disturbed areas which re-establishes desirable native plants adapted to the site that enhance applicable fish and wildlife populations will be, at a minimum, encouraged, as specified in the conditions for approval of the development. Said revegeta­tion will be maintained in good growing con­dition, as well as being kept free of noxious weeds.

F.When appropriate, fencing standards that protect wildlife, as well as providing for the operation and protection of a particular land use, may be part of the conditions placed on approval of a development application.

G.Access restrictions may be necessary which protect fish and wildlife habitat conser­vation areas, particularly during critical times of the year.

H.Particularly in instances where a devel­opment proposal involves more intense uses, all or part of the required open space (common and/or private) will be dedicated to fish and wildlife habitat conservation, based on the extent and importance of the habitat.

I.In certain instances it may be necessary to provide vegetation screenings and to provide controls on domestic animals to protect the function of critical habitat areas by reducing the potential for harassment from people and/or domesticated animals.

J.Appropriate buffer areas shall be main­tained between all permitted uses and activi­ties and designated habitat conservation areas.

1.All buffers shall be measured on a horizontal plane from the habitat edge, as established by the approved habitat boundary survey. For buffers adjacent to aquatic habitat, distances shall be measured from the ordinary high water mark (OHWM), or from the top of the bank where the OHWM cannot be identi­fied. The distance of the buffer shall be increased to include stream-side wetlands which provide overflow storage for storm waters, feed water back to the water body dur­ing low flows or provide shelter and food for fish. In braided channels, the OHWM or top of bank shall be defined so as to include the entire stream feature.

2.All buffer areas shall be temporarily fenced between the construction activity and the buffer with a highly visible and durable protective barrier during construction to pre­vent access and protect the designated habitat conservation area and associated buffer. This requirement may be waived by the city if an alterative to fencing which achieves the same objective is proposed and approved.

3.Except as otherwise allowed, buffers shall be retained in their natural condition. Any habitat created, restored or enhanced as com­pensation for approved habitat alterations shall have the standard buffer required for the cate­gory of the created, restored or enhanced hab­itat.

4.The width of the buffer may be increased by the city for a development project on a case-by-case basis when a larger buffer is necessary to protect the designated habitat conservation area function and value. The determination shall be based on site-specific and project-related conditions which include without limitation:

a.The designated habitat conserva­tion area is used for feeding, nesting and rest­ing by species proposed or listed by the federal or state government as endangered, threatened, sensitive, candidate, monitor or critical; or if it is an outstanding potential habitat for those species or has unusual nesting or resting sites such as heron rookeries or raptor nesting trees;

b.The adjacent land is susceptible to severe erosion and erosion control measures will not effectively prevent adverse habitat impacts;

c.The proposed development adja­cent to the designated habitat conservation area would be a high intensity land use.

5.Standard buffer widths may be modi­fied by the city for a development proposal by averaging buffer widths based on a report sub­mitted by the applicant and prepared by a qual­ified professional approved by the city (e.g., wildlife biologist), and shall only be allowed where the applicant demonstrates all of the fol­lowing:

a.Averaging is necessary to avoid an extraordinary hardship to the applicant caused by circumstances peculiar to the property;

b.The designated habitat conserva­tion area contains variations in sensitivity due to existing physical characteristics;

c.The width averaging will not adversely impact the designated habitat con­servation area’s functional value;

d.The total area contained within the buffer after averaging is no less than that con­tained within the standard buffer prior to aver­aging; and

e.The buffer width shall not be reduced, at any location, by more than 25 per­cent of the required buffer described below, and in no case may the buffer be less than 25 feet in width.

K.Aquatic Habitat Conservation Areas. Aquatic habitat conservation areas are those riparian and water-ward areas which may sup­port both fish and wildlife species. All devel­opment within designated aquatic habitat conservation areas shall comply with the fol­lowing minimum standards:

1.Level 1 Critical Buffer Areas.

a.Minor development: 75 feet;

b.Major development: 100 feet.

2.Level 2 Awareness Buffer Areas.

a.Minor development: 50 feet;

b.Major development: 75 feet.

3.Land divisions within designated aquatic habitat conservation areas shall require a minimum lot frontage along the protective buffer or shoreline of 100 feet, measured in a straight line, and required buffer areas shall be dedicated as open space tracts, nonbuildable lot(s), buffer areas and/or common areas, with ownership and control transferred to a home­owner’s association.

L.Wildlife Conservation Areas. The width of a designated wildlife habitat conservation area buffer shall be as follows:

1.Level 1 Critical: 100 feet.

2.Level 2 Awareness: 75 feet. (Ord. 1020 § 1, 2002).

18.10C.060

Specific standards.

The following standards shall apply to the activity identified below, in addition to the gen­eral standards outlined in CMC 18.10C.050.

A.Docks. Construction of a dock, pier, moorage, float or launch facility may be autho­rized, subject to the following standards:

1.The dock/facility shall be in substan­tial conformance with the city shoreline master program;

2.The dock/facility and landward access shall not significantly alter the existing habitat or buffer vegetation; and

3.For all land divisions, dock/facilities shall be designed, designated and constructed for joint use.

B.Road Repair and Construction. When no other practical alternative exists, public or pri­vate road repair, maintenance, expansion or construction may be authorized within a desig­nated habitat conservation area, subject to the following minimum standards:

1.The road shall serve multiple proper­ties;

2.No significant adverse impacts to the designated habitat conservation area shall result from the repair, maintenance, expansion or construction of any public or private road;

3.The road shall provide for the loca­tion of public utilities, pedestrian or bicycle easements, viewing points, etc.; and

4.Road repair and construction is the minimum necessary to provide safe traveling surfaces.

C.Major Developments. All major devel­opments processed by the city according to the provisions governing full administrative review or quasi-judicial review authorized within a designated habitat conservation area shall comply with the following minimum standards:

1.Inundated and/or submerged lands shall not be used in calculating minimum lot area for proposed lots;

2.A habitat management and mitigation plan shall be required for major developments containing Level 1 Critical habitat conserva­tion areas, and may be required for major developments containing Level 2 Awareness habitat conservation areas;

3.All plats shall disclose the presence on each residential lot of one building site, including access, that is suitable for develop­ment and which is not within the designated habitat conservation area or its associated buffer;

4.All designated habitat conservation areas and their associated buffers shall be clearly identified on all final plats, maps, doc­uments, etc.;

5.Designated habitat conservation areas and their associated buffers shall be designated and disclosed on the final plats, maps, docu­ments, etc. as open space tracts, nonbuildable lots, buffer areas or common areas, with own­ership and control transferred to a home­owner’s association. Associated habitat conservation area buffers may alternatively be designated and disclosed on the final plats, maps, documents, etc. as an easement or cove­nant encumbering the property.

D.Surface Water Management. When no other practical alternative exists, surface water management activities may be authorized within an aquatic habitat area, subject to the following minimum standard:

1.Aquatic habitat areas may be used for retention/detention facilities, subject to all of the following criteria:

a.The functions and water quality of the aquatic habitat area or buffer shall not be adversely impacted;

b.The rate of flow into or the hydro-period of the aquatic habitat area shall not increase above natural flow rates;

c.All surface water discharged from impervious surfaces shall be treated by oil/water separators prior to entering an aquatic habitat area or buffer; and

d.The temperature of the aquatic habitat area shall not be increased above natu­ral temperatures.

2.New surface water discharges to wet­lands from detention facilities, pre-settlement ponds, or other surface water management structures may be authorized, subject to all of the following criteria:

a.The discharge does not increase the rate of flow into or the hydro-period of the wetland above the natural rates;

b.All surface water discharged from impervious surfaces shall be treated prior to entering a wetland or buffer; and

c.The water quality of the wetland is not decreased.

E.Stream Crossings. Expansion or con­struction of stream crossings may be autho­rized within a designated habitat conservation area, subject to the following minimum stan­dards:

1.Bridges are required for streams that support salmonids, unless culvert design and construction ensures proper passage opportu­nities;

2.All crossings using culverts shall use superspan or oversized culverts;

3.Crossings shall not occur in salmonid spawning areas unless no other feasible cross­ing site exists;

4.Bridge piers or abutments shall not be placed in either the floodway or between the ordinary high water marks unless no other fea­sible alternative placement exists;

5.Crossings shall not diminish flood carrying capacity; and

6.Crossings shall serve multiple proper­ties whenever possible.

F.Trails and Trail-Related Facilities. Con­struction of public and private trails and trail-related facilities, such as picnic tables, benches, interpretive centers and signs, view­ing platforms and campsites may be autho­rized within a habitat conservation area, subject to the following minimum standards:

1.Trail facilities shall, to the extent fea­sible, be placed on existing road grades, utility corridors, or any other previously disturbed areas;

2.Trail facilities shall minimize the removal of trees, shrubs, snags and important habitat features;

3.Viewing platforms, interpretive cen­ters, campsites, picnic areas, benches and their associated access shall be designed and located to minimize disturbance of wildlife and/or critical characteristics of the designated habitat conservation area;

4.Trail facilities shall be located at least a distance equal to the width of the trail corri­dor away from the habitat conservation area, as established by the approved habitat boundary survey; and

5.All facilities shall be constructed with materials complementary to the surrounding environment.

G.Utilities. When no other practical alter­native exists, construction of utilities within a designated habitat conservation area may be authorized, subject to the following minimum standards:

1.Utility corridors shall be jointly used;

2.Corridor construction and mainte­nance shall protect the designated habitat con­servation area, and shall be aligned to avoid cutting trees greater than six inches in diameter at breast height when possible;

3.No pesticides, herbicides or other hazardous or toxic substances shall be used;

4.Utility corridors, including mainte­nance roads, authorized by the city, shall be located at least a distance equal to the width of the utility corridor away from the habitat area edge;

5.Corridors shall be revegetated to pre-construction densities with appropriate native vegetation immediately upon completion of construction, or as soon thereafter as possible given seasonal growing constraints. The utility purveyor shall provide an assurance device or surety in accordance with the CMC which ensures that such vegetation survives;

6.Any additional corridor access for maintenance shall be provided as much as pos­sible at specific points rather than by parallel roads. If parallel roads are necessary they shall be no greater than 15 feet in width, and shall be contiguous to the location of the utility corri­dor on the side opposite the designated habitat conservation area;

7.Construction of sewer lines within designated habitat conservation areas which are necessary to meet state and/or local health code requirements shall not adversely impact the function and quality of the designated hab­itat conservation area. (Ord. 1020 § 1, 2002).

Chapter 18.10D

CRITICAL AREAS CODE –
AQUIFER RECHARGE AREAS

Sections:

18.10D.010   Permitted uses and activities.

18.10D.020   Classification.

18.10D.030   Designation.

18.10D.040   Application requirements – Vulnerability determination system – Procedures, criteria.

18.10D.050   Determining vulnerability rating.

18.10D.060   General standards.

18.10D.070   Specific standards.

18.10D.010

Permitted uses and activities.

Uses and activities allowed within desig­nated aquifer recharge areas are those uses per­mitted by the zoning district, subject to the provisions of this chapter. (Ord. 1020 § 1, 2002).

18.10D.020

Classification.

A.Aquifer recharge areas will be rated according to the vulnerability of the aquifer, with vulnerability being the combined effect of susceptibility to contamination and the con­tamination loading potential. The categories of vulnerability shall be high, medium and low, with high vulnerability being characterized by a combination of land uses that contribute to contamination that may degrade ground water, and hydrogeologic conditions that facilitate that degradation.

1.Hydrogeologic susceptibility will be characterized by looking at the following attributes:

a.Depth to ground water;

b.Aquifer properties such as hydrau­lic conductivity and gradients;

c.Soil (texture, permeability, and contaminant attenuation properties);

d.Characteristics of the vadose zone including permeability and attenuation proper­ties; and

e.Other relevant factors.

2.Contamination loading potential can be evaluated by considering the following:

a.General land use;

b.Waste disposal sites;

c.Agriculture activities;

d.Well logs and water quality test results;

e.Density of septic systems in use in the area; and

f.Other information about the poten­tial for contamination.

B.Aquifer recharge areas shall be classi­fied according to the following system:

1.Level 1 Critical aquifer recharge areas shall be those areas found to have a high vulnerability rating.

2.Level 2 Awareness aquifer recharge areas shall be those areas found to have a medium vulnerability rating. (Ord. 1020 § 1, 2002).

18.10D.030

Designation.

All existing areas of the city classified according to the provisions contained in this chapter, as determined by the city, are desig­nated as fish and wildlife habitat conservation areas. Because there is insufficient scientific data at this time to determine with any preci­sion and/or certainty the location of areas hav­ing a critical recharging effect on aquifers used for potable water, specific designations have not been made. However, the best available science suggests that using a vulnerability determination system based on the above clas­sification system will allow the city to desig­nate critical aquifer recharge areas using a conservative approach, which provides a worst case scenario for contaminant movement in the subsurface. As areas are determined to be either a Level 1 Critical or Level 2 Awareness aquifer recharge area, they will be included on a map or maps that are maintained by the city. Additionally, if any of the following areas are established within the city’s urban growth area, they shall be included on these maps:

A.Sole source aquifer recharge areas des­ignated pursuant to the Federal Safe Drinking Water Act;

B.Areas established for special protection pursuant to the Washington State groundwater management program;

C.Areas designated for wellhead protec­tion pursuant to the Federal Safe Drinking Water Act; and

D.Aquifer recharge areas mapped and identified by a qualified ground water scien­tist. (Ord. 1020 § 1, 2002).

18.10D.040

Application requirements – Vulnerability determination system – Procedures, criteria.

A.Development permit applications shall provide appropriate information on forms pro­vided by the city, including without limitation the information described below. Additional reports or information to identify potential impacts and mitigation measures to aquifer recharge areas may be required if deemed nec­essary.

B.The procedure for determining if a development proposal must complete a vulner­ability rating shall be as follows:

1.The applicant shall submit a certified statement with the application materials indi­cating which of the criteria identified in sub­section C of this section apply to the development proposal, if any. The application will not be considered complete until this cer­tified statement is submitted.

2.If the applicant’s statement asserts that the criteria do not apply, as identified in subsection (B)(3) of this section, to the devel­opment proposal, the city will accept the state­ment and proceed with the development permit review. However, if the city has or obtains information prior to the permit or approval being finalized that clearly estab­lishes the applicant’s statement is incorrect, the applicant will be advised in writing of the inconsistent information and must either:

a.Provide an amended statement add­ing the evaluation criteria as being applicable and determine the vulnerability rating of the de­velopment pursuant to CMC 18.10D.050; or

b.Present sufficient countering infor­mation clearly establishing that the basis for the city’s concern is incorrect.

If the applicant selects to proceed under subsection (B)(2)(b) of this section, after receiving the applicant’s information, the city shall review the information and obtain what­ever additional assistance may be required to resolve the issue. The final determination as to whether a determination of vulnerability is required shall be made by the city.

3.If a development proposal meets the criteria in subsections (C)(1), (2), (3) or (4) of this section, or if the site or development pro­posal meets any two of the remaining criteria, the application shall determine the vulnerabil­ity rating for the development proposal according to CMC 18.10D.050.

4.If the development has a high or medium vulnerability rating, the development shall be subject to the development standards contained within this chapter.

C.The applicant shall be required to deter­mine the vulnerability rating for any develop­ment permit, not otherwise exempted from this chapter, if the site or development meets crite­ria (C)(1), (2), (3), or (4) of this section or meets two or more of the remaining criteria below:

1.The development proposal is within a wellhead protection area designated under Chapter 246-290 WAC, Public Water Sup­plies;

2.The development proposal is within an aquifer recharge area mapped and identified by a qualified ground water scientist;

3.The site will be utilized for process­ing, storing, or handling hazardous substances (as now or hereafter defined in Chapter 70.105D RCW, Hazardous Waste Cleanup – Model Toxics Control Act) in applications or quantities larger than is typical of household use;

4.The site will be utilized for hazardous waste treatment and storage as set forth in Chapter 70.105 RCW, Hazardous Waste Man­agement, as now or hereafter amended;

5.The site contains highly permeable soils as designated in the NRCS Soil Survey for the Chelan area;

6.The development proposal is within a sole source aquifer recharge area designated pursuant to the Federal Safe Drinking Water Act;

7.The development proposal is within an area established for special protection pur­suant to a groundwater management program,

Chapter 90.44 RCW, Regulations of Public Ground Waters, Chapter 90.48 RCW, Water Pollution Control, and Chapter 90.54 RCW, Water Resources Act of 1971, and Chapter 173-100 WAC, Ground Water Management Areas, and Chapter 173-200 WAC, Water Quality Standards for Ground Waters of the State of Washington;

8.The development proposal involves a major or short subdivision and includes present or future plans to construct three or more dwelling units where the dwelling units will not be connected to a public sewer system and any of the lots are less than one net acre in size;

9.The development proposal involves a commercial and/or industrial site that is not on a public sewer system and the main structure exceeds 4,000 square feet;

10.The development is within 200 feet of the ordinary high water mark of a perennial river, stream, lake or pond. (Ord. 1020 § 1, 2002).

18.10D.050

Determining vulnerability rating.

A.General. The vulnerability matrix is used to determine the vulnerability of the development and to rate it as a high, medium or low rating. This can be done by determining the “contaminant loading potential” of a pro­posed land use and the natural “susceptibility” of the site as outlined in this chapter and creat­ing a numerical vulnerability value for a pro­posed land use. When a proposed use is determined to have a medium or high vulnera­bility rating, the protection measures described in this chapter shall be implemented that pro­tect the potable water supply.

B.Determining Susceptibility. There are three basic components to determine a site’s susceptibility, as follows:

1.Permeability of the Vadose Zone. The vadose zone is composed of both the soil and the geologic materials underlying the soil. To adequately determine the overall ease with which water will travel from land surface to the aquifer, it is necessary to determine the overall permeability of both soil and geologic media. Soil permeability can be determined through use of the NRCS Soil Survey for the Chelan Area, particularly Table 6. The values shown on these pages are given in the inches per hour that water moves downward through a saturated soil. A determination of the perme­ability of the geologic material underlying the soil is more problematic.

a.Incrementally, the permeability of local soils (upper vadose zone) is grouped into four ranges that are assigned a relative value to be used for determining susceptibility on the matrix. Where conclusive information does not exist for permeability of the soil, a relative value of three will be assigned.

Soil Permeability Table Based on Soil Survey

 

 

b.Permeability of the lower vadose zone can be estimated using the Geologic Matrix Table below by determining the mate­rial type and assigning the appropriate perme­ability range for the material(s) overlying the uppermost aquifer. In cases where heteroge­neous materials are encountered, the least per­meable layer with a thickness of not less than five feet shall determine the overall permeabil­ity to be applied to the entire vadose zone, excluding the soil layer. Where conclusive information does not exist for permeability of the geologic matrix, a relative value of three will be assigned.

Geologic Matrix Table

Condensed Description	Geologic Matrix	Permeability (cm/sec)	Rating
Very Slow	Unfractured Igneous or Metamorphic Bedrock, Shale	10-13  10-9	0
	Marine Clay, Clay, Dense Sandstone, Hardpan	10-9  10-7
Slow	Loess, Glacial Till, Fractured Igneous or Metamorphic Bedrock	10-8  10-5	1
	Silt, Clayey Sands, Weathered Basalt	10-7  10-3
Moderate	Silty Sands, Fine Sands, Permeable Basalt	10-4  10-1 (0.0001  0.1)	2
	Clean Sands, Karst Limestone	>0.1  1.0
Rapid	Sand and Gravel	>1.0  10	3
	Gravel	>10  100+

 

2.Depth to Groundwater. Depth to groundwater can be determined by utilizing local well log information or specific well information for the site. Depth to groundwater is also assigned a relative value used for deter­mining susceptibility on the matrix. Where conclusive information does not exist for depth to groundwater, a relative value of three will be assigned.

Depth to Groundwater Table

Condensed Description	Depth to Water (Feet)	Rating
Very Low	Confined Aquifer	0
	> 50
Low	25  50	1
Moderate	10  25	2
High	0  10	3

 

3.Slope. Slope, or gradient, is related to the infiltration characteristics of an area. The steeper the slope, the less infiltration of surface waters occur. Slope is assigned a relative value used for determining susceptibility on the matrix. Where conclusive information does not exist for slope, a relative value of three will be assigned.

Slope – As a Percent	Slope Relative Value
>45%	0
30% – 45%	1
15% – 30%	2
<15%	3

 

C.Determining the Susceptibility Rating. A susceptibility rating is determined by adding the relative values of permeability of the soils and geologic matrix of the vadose zone, depth to groundwater and slope. This is a baseline determination for susceptibility. The range of values are as follows:

1.High susceptibility rating equals total range from eight to 12;

2.Medium susceptibility rating equals total range from four to seven;

3.Low susceptibility rating equals total range from zero to three.

D.Determining the Contaminant Loading Rating. Contaminant loading potential is dependent on the presence of critical materials on the site. A critical material is a substance present in sufficient quantity that its accidental or intentional release would result in the impairment of the aquifer water to be used as potable drinking water.

1.For the purpose of administration of this section, the city will maintain a critical materials use activity list, which is a list of commercial and industrial activities known to use critical materials, coupled with the names of critical materials normally associated with the activity. The following situations will be considered as having a high contaminant load­ing rating, unless the project proponent pro­vides assurances otherwise:

a.Proposed activities fitting one of the general business descriptions provided or having one of the specified Standard Industrial Classification (SIC) codes identified on the city’s critical materials use activity list;

b.Sites or uses that the city believes would be utilized for processing, storing or handling hazardous substance(s) (as now or hereafter defined in Chapter 70.105D RCW, Hazardous Waste Cleanup – Model Toxics Control Act) in applications or quantities larger than is typical of household use;

c.Sites that the city believes will be utilized for hazardous waste treatment and storage as set forth in Chapter 70.105 RCW, Hazardous Waste Management, as now or hereafter amended, but may not be covered in the critical materials use activity list;

d.Other contaminants and/or SIC codes that are not currently found on the criti­cal materials use activity list that are subse­quently determined by the city to have a high contaminant loading rating.

Those uses or activities determined not to have a high contaminant loading rating are considered to have a low contaminant loading potential and rating.

2.The following process shall be used to determine whether or not critical materials are involved:

a.An initial screening will be per­formed by the city by comparing the proposed use and any other pertinent information pro­vided by the proponent at his/her expense with the critical materials use activity list. The city will exercise any discretion in judgment in the favor of aquifer protection.

b.If the proposed use is determined to meet one of the criteria under subsection (D)(1) of this section, the city shall require the applicant to provide a list of materials, includ­ing quantities to be used, stored or transported in conjunction with the proposed activity. Additional information may be required by the city to be provided by the proponent at his or her expense.

c.After the review of the information supplied by the applicant, the city will either confirm the designation as a critical materials use activity or nullify the tentative designation.

d.If the designation as a critical materials use activity is confirmed, the appli­cant may respond by accepting the designation as a critical materials use activity or he/she may appeal the designation through the proce­dures governing appeals of administrative decisions, according to CMC Title 14. Where an appeal is filed, the Washington Department of Ecology, the Washington Department of Health and the Chelan-Douglas health district shall be notified of all appeal proceedings.

E.Vulnerability Matrix. A determination of a high, medium, or low vulnerability rating is made by the city from the vulnerability matrix by identifying susceptibility and con­taminant loading ratings, as identified above (susceptibility = high [eight to 12], medium [four to seven] or low [zero to three]; contam­inant loading = high or low). After determin­ing the susceptibility and contaminant loading ratings for the proposed use and site, the appropriate box on each axis of the vulnerabil­ity matrix below will be checked to determine the vulnerability rating. The vulnerability of the site is then determined by the intersection of the susceptibility rating and the contaminant loading rating to be low, medium, or high.

Vulnerability Matrix

 

 

(Ord. 1020 § 1, 2002).

18.10D.060

General standards.

The following minimum standards shall apply to all development activities determined to have a high or medium vulnerability rating, as determined by this chapter.

A.Development activities within an aqui­fer recharge area shall be designed, developed and operated in a manner that will not poten­tially degrade groundwater resources.

B.Alternative site designs, phased devel­opment and/or groundwater quality monitor­ing may be required to reduce contaminant loading where site conditions indicate that the proposed action will potentially degrade groundwater quality.

C.Open space may be required on develop­ment proposals overlying areas that are highly susceptible to contamination of groundwater resources.

D.When wells are required to be aban­doned, the applicant shall ensure that they are abandoned according to the State Department of Ecology requirements.

E.Known contaminants shall be removed from stormwater runoff prior to their point of entry into surface or groundwater resources using available and reasonable best manage­ment practices.

F.Changes in occupancy and/or use of an existing site, and/or expansions of existing activities are subject to complete evaluation by the city under the provisions of this chapter. (Ord. 1020 § 1, 2002).

18.10D.070

Specific standards.

The following standards shall apply to the activity identified below, in addition to the gen­eral standards outlined in CMC 18.10D.060.

A.Any agricultural activities shall incorpo­rate best management practices concerning waste disposal, fertilizer use, pesticide use, and stream corridor management. If necessary, farmers shall seek technical assistance from the Chelan County Conservation District, WSU Cooperative Extension Agent and local field agents.

B.Where otherwise permitted by applica­ble zoning regulations, landfills, junkyards, salvage yards and auto wrecking yards are pro­hibited within designated critical aquifer recharge areas. Landfills, junkyards, salvage yards and auto wrecking yards that are pro­posed to be located outside of designated criti­cal aquifer recharge areas and that have a high or medium vulnerability rating must satisfac­torily demonstrate that potential negative impacts to the groundwater would be over­come in such a manner as to prevent adverse impacts to groundwater.

C.Fertilizer, herbicide and pesticide man­agement practices of schools, parks, golf courses and other nonresidential facilities that maintain large landscaped areas shall be eval­uated in relation to best management practices as recommended by the Cooperative Exten­sion Service.

D.Commercial, industrial and/or mining uses shall comply with the following mini­mum provisions:

1.For the purposes of this section, all forms of mining activities shall be considered an industrial use.

2.All commercial and industrial uses that are rated as having a medium or high vul­nerability shall submit a contingency plan that identifies the following:

a.Types of hazardous wastes that would be used for the proposed land use.

b.On-site containment facilities de­signed to handle accidental releases of critical materials.

c.Spill response and notification pro­cedures.

3.All activities designated as critical materials use activities shall only be approved so that:

a.Facilities will be designed and built so that any spilled or leaked materials are contained on site; and

b.Facilities will be designed and built so that any spilled or leaked materials cannot infiltrate into the ground; and

c.No permanent disposal of any waste containing critical materials shall be allowed on site.

4.Commercial or industrial activities designated as critical materials use activities shall have specially designed and installed storm runoff drainage facilities in areas where spills might occur. Such facilities shall be designed and installed to:

a.Prevent the commingling of storm runoff and critical materials spills; and

b.Enhance spill cleanup procedures.

5.Mining activities in areas determined to have a medium or high vulnerability shall comply with the following conditions:

a.Six-foot fencing shall be provided and maintained in good condition at all times in the following locations:

i.Exterior boundary of any por­tion of any site on which active operations exist; and

ii.Exterior boundary of any por­tion of the site that has been mined and not yet rehabilitated;

b.No excavation within 100 feet of a well or surface water used for potable drinking water is allowed;

c.No excavation into an aquifer used for potable drinking water is allowed;

d.The operators shall comply with all existing water quality monitoring regula­tions of WSDOE and the Chelan-Douglas health district;

e.A drainage channel shall be con­structed around active gravel pit areas to keep surface runoff from outside the pit excavation from entering the pit areas;

f.Fuel storage areas and service facilities shall incorporate provisions to pre­vent lubricants and petroleum products from contaminating either pit areas or drainage channels;

g.No liquid, asphalt, cement, or water used in a mining operation shall be dis­posed of in the bottom of a pit;

h.A protective eight-foot high berm or retaining wall shall be required adjacent to property lines where the edge of a pit is within 100 feet of a street or railroad right-of-way;

i.The use of fertilizers, pesticides, herbicides, and critical materials shall not be allowed within 50 feet of an active pit;

j.A sufficient amount of topsoil or suitable material shall be retained on site for revegetation/rehabilitation purposes;

k.Reclamation plans for these sites shall include:

i.A specification of the amount of materials to be left between the aquifer high-water mark (or elevation) and the final grade of the reclaimed site;

ii.Physical barriers, as required in subsection (D)(5)(h) of this section, shall remain unless they are specifically permitted

to be removed in a subsequent land use deci­sion by the hearing body; and

iii.Provisions shall be made for limitations of access to, and activities within, the rehabilitated site until the use of the land is changed;

l.In rehabilitated gravel pits over an aquifer used for a potable water source, new uses requested for the property may be limited or specifically conditioned as determined by the appropriate hearing body; and

m.All mining activities shall be reclaimed per a reclamation plan approved by the Washington State Department of Natural Resources.

E.Utility facilities shall be reviewed and approved consistent with the requirements of subsection D of this section.

F.Underground storage tanks and on-site sewage disposal systems are prohibited within designated critical aquifer recharge areas. Underground storage tanks and on-site sewage disposal systems that are proposed to be located outside of designated critical aquifer recharge areas and that have a high or medium vulnerability rating must satisfactorily demon­strate that potential negative impacts to the groundwater would be overcome in such a manner as to prevent adverse impacts to groundwater.

G.All residential land divisions within the city of Cashmere city limits shall be connected to the city’s sanitary sewage collection and treatment facilities. Where an area subject to a land division process occurs within a desig­nated aquifer recharge area, as described by this chapter, a notation shall appear on the face of the final plat indicating the aquifer recharge area designation, and referencing the require­ments of this chapter.

H.Wood treatment facilities shall conform to the provisions of subsection D of this sec­tion. Wood treatment facilities that allow any portion of the treatment process to occur over permeable surfaces, both natural and man made, are prohibited.

I.As defined and regulated in Chapter 173-218 WAC, Underground Injection Control Program, Class I, III and IV underground injection wells are prohibited. Class II injec­tion wells are permitted under Chapter 173-218 WAC by the Washington State Depart­ment of Ecology in conjunction with the Washington State Department of Natural Resources. Class V injection wells, involving the injection of critical materials, may be pro­hibited by the Washington State Department of Ecology or a permit may be required by said agency. In addition, commercial or industrial uses proposing the injection of critical materi­als are subject to the provisions of this chapter. (Ord. 1020 § 1, 2002).

Chapter 18.10E

CRITICAL AREAS CODE – FREQUENTLY FLOODED AREAS

Sections:

18.10E.010   Statutory authorization.

18.10E.020   Findings of fact.

18.10E.030   Statement of purpose.

18.10E.040   Methods of reducing flood losses.

18.10E.050   Definitions.

18.10E.060   Lands to which this chapter applies.

18.10E.070   Basis for establishing the areas of special flood hazard.

18.10E.100   Interpretation.

18.10E.110   Warning and disclaimer of liability.

18.10E.120   Establishment of development permit.

18.10E.130   Designation of the city administrator.

18.10E.140   Duties and responsibilities of the city administrator.

18.10E.160   Variances.

18.10E.170   General standards.

18.10E.180   Specific standards.

18.10E.190   Floodways.

18.10E.200   Encroachments.

18.10E.210   Standards for shallow flooding areas (AO zones).

18.10E.010

Statutory authorization.

The legislature of the state has delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the city council ordains as set forth in this chapter. (Ord. 1052 § 1, 2004; Ord. 1020 § 1, 2002).

18.10E.020

Findings of fact.

A.The flood hazard areas identified by the FEMA maps and study adopted in this chapter are subject to periodic inundation which results in loss of life and property, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

B.These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities and, when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to the flood loss. (Ord. 1052 § 1, 2004; Ord. 1020 § 1, 2002).

18.10E.030

Statement of purpose.

It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provi­sions designed:

A.To protect human life and health;

B.To minimize expenditure of public money and costly flood control projects;

C.To minimize the need for rescue and relief efforts associated with flooding and gen­erally undertaken at the expense of the general public;

D.To minimize prolonged business inter­ruptions;

E.To minimize damage to public facilities and utilities such as water and gas mains, elec­tric, telephone and sewer lines, streets, and bridges located in areas of special flood haz­ard;

F.To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to mini­mize future flood blight areas;

G.To ensure that potential buyers are noti­fied that property is in an area of special flood hazard; and

H.To ensure that those who occupy the areas of special flood hazard assume responsi­bility for their actions. (Ord. 1052 § 1, 2004; Ord. 1020 § 1, 2002).

18.10E.040

Methods of reducing flood losses.

In order to accomplish its purposes, this chapter includes methods and provisions for:

A.Restricting or prohibiting uses which are dangerous to health, safety, and property due

to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

B.Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

C.Controlling the alteration of natural floodplains, stream channels, and natural pro­tective barriers which help accommodate or channel floodwaters;

D.Controlling filling, grading, and other development which may increase flood dam­age; and

E.Preventing or regulating the construction of flood barriers that will unnaturally divert floodwaters or may increase flood hazards in other areas. (Ord. 1052 § 1, 2004; Ord. 1020 § 1, 2002).

18.10E.050

Definitions.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

A.“Appeal” means a request for a review of the city’s interpretation of any provision of this chapter or a request for a variance.

B.“Area of shallow flooding” means des­ignated AO or AH Zone on the Flood Insur­ance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. AO is characterized as sheet flow and AH indicates ponding.

C.“Area of special flood hazard” means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letters A or V.

D.“Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the “100-year flood.” Designation on maps always includes the letter A or V.

E.“Basement” means any area of the build­ing having its floor subgrade (below ground level) on all sides.

F.“Breakaway wall” means a wall that is not part of the structural support of the build­ing and is intended through its design and con­struction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.

G.“Critical facility” means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospi­tals, police, fire and emergency response installations, and installations which produce, use, or store hazardous materials or hazardous waste.

H.“Development” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard.

I.“Elevated building” means for insurance purposes, a nonbasement building, which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.

J.“Existing manufactured home park or subdivision” means a manufactured home park or subdivision which the construction of facil­ities for servicing the lots on which the manu­factured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the adopted floodplain management regulations.

K.“Expansion to an existing manufactured home park or subdivision” means the prepara­tion of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (includ­ing the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

L.“Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from:

1.The overflow of inland or tidal waters; and/or

2.The unusual and rapid accumulation of runoff of surface waters from any source.

M.“Flood Insurance Rate Map (FIRM)” means the official report provided by the Fed­eral Insurance Administration that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood.

N.“Floods Insurance Study” means the official report provided by the Federal Insur­ance Administration that includes flood pro­files, the flood boundary-floodway map, and the water surface elevation of the base flood.

O.“Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to dis­charge the base flood without cumulatively increasing the water surface elevations more than one foot.

P.“Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a base­ment area, is not considered a building’s low­est floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design require­ments of this chapter found at CMC 18.10E.180(A)(2).

Q.“Manufactured home” means a struc­ture, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term “manufactured home” also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term “manufactured home” does not include park trailers, travel trailers, or other similar vehicles.

R.“Manufactured home park or subdivi­sion” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

S.“New construction” means a structure for which the “start of construction” com­menced on or after the effective date of the ordinance codified in this chapter.

T.“Recreational vehicles” means a vehicu­lar-type unit primarily designed for recre­ational camping or travel use that has its own motive power or is mounted on or towed by another vehicle. The units include travel trail­ers, fifth-wheel trailers, folding camp trailers, truck campers, and motor homes as defined in the American National Standards Institute A119.2 standard for recreational vehicles. They are built on a single chassis, 400 square feet or less when measured at the largest hori­zontal projection, designed to be self-pro­pelled or permanently towable by a light duty truck and designed primarily not for use as per­manent dwelling but as temporary living quar­ters for recreational, camping, travel or seasonal use.

U.“Start of construction” includes substan­tial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruc­tion, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of perma­nent construction of a structure on a site, such as the pouring of slab or footings, the installa­tion of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the instal­lation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

V.“Structure” means a walled and roofed building including a gas or liquid storage tank that is principally above ground.

W.“Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

X.“Substantial improvement” means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:

1.Before the improvement or repair is started; or

2.If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building com­mences, whether or not that alteration affects the external dimensions of the structure.

3.The term does not, however, include either:

a.Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or

b.Any alteration of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places.

Y.“Variance” means the grant of relief from the requirements of this chapter that per­mits construction in a manner that would oth­erwise be prohibited by this chapter.

Z.“Water dependent” means a structure for commerce or industry that cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operation. (Ord. 1052 § 1, 2004; Ord. 1020 § 1, 2002).

18.10E.060

Lands to which this chapter applies.

This chapter shall apply to all areas of spe­cial flood hazards within the jurisdiction of the city. (Ord. 1052 § 1, 2004; Ord. 1020 § 1, 2002).

18.10E.070

Basis for establishing the areas of special flood hazard.

The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled “The Flood Insurance Study for the City of Cash­mere” dated August 27, 2003, with accompa­nying flood insurance maps is adopted by reference and declared to be a part of this chap­ter. The Flood Insurance Study is on file at City Hall, 101 Woodring, Cashmere, Wash­ington. The best available information for flood hazard area identification shall be the basis for regulation until a new FIRM is issued which incorporates the date utilized. (Ord. 1052 § 1, 2004; Ord. 1020 § 1, 2002).

18.10E.100

Interpretation.

In the interpretation and application of this chapter, all provisions shall be:

A.Considered as minimum requirements;

B.Liberally construed in favor of the gov­erning body; and

C.Deemed neither to limit nor repeal any other powers granted under state statutes.

Potential impacts to wetlands, fish and wild­life habitat and other critical areas shall be addressed in accordance with the applicable sections of this chapter. (Ord. 1052 § 1, 2004; Ord. 1020 § 1, 2002).

18.10E.110

Warning and disclaimer of liability.

The degree of flood protection required by this chapter 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 the areas of special flood hazards 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, 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. 1052 § 1, 2004; Ord. 1020 § 1, 2002).

18.10E.120

Establishment of development permit.

A.Development Permit Required. A devel­opment permit shall be obtained before con­struction or development begins within any area of special flood hazard established in CMC 18.10E.070. The permit shall be for all structures including manufactured homes, as set forth in CMC 18.10E.050, and for all development including fill and other activities, also as set forth in CMC 18.10E.050.

B.Application for Development Permit. Application for a development permit shall be made on forms furnished by the city and may include but not be limited to: plans in duplicate drawn to scale showing the nature, locations, dimensions, and elevations of the area in ques­tion; existing or proposed structures, fill, stor­age of materials, drainage facilities, and the location of the foregoing. Specifically, the fol­lowing information is required:

1.Elevation in relation to mean sea level of the lowest floor (including basement) of all structures;

2.Elevation in relation to mean sea level to which any structure has been floodproofed;

3.Certification by a registered profes­sional engineer or architect that the flood­proofing methods for any nonresidential structure meet the floodproofing criteria in CMC 18.10E.180(B); and

4.Description of the extent to which a watercourse will be altered or relocated as a result of the proposed development. (Ord. 1052 § 1, 2004; Ord. 1020 § 1, 2002).

18.10E.130

Designation of the city administrator.

The city administrator is appointed to administer and implement this chapter by granting or denying development permit appli­cations in accordance with its provisions. (Ord. 1052 § 1, 2004; Ord. 1020 § 1, 2002).

18.10E.140

Duties and responsibilities of the city administrator.

Duties of the city administrator shall include, but not be limited to:

A.Review all development permits to determine:

1.That the permit requirements of this chapter have been satisfied;

2.That all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required;

3.If the proposed development is located in the floodway, assure that the provi­sions of CMC 18.10E.190 are met.

B.When base flood elevation data has not been provided in accordance with CMC 18.10E.070, the city administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer CMC 18.10E.180 and 18.10E.190.

C.Obtain and maintain the following infor­mation:

1.Where base flood elevation data is provided through the Flood Insurance Study or acquired as in subsection B of this section, obtain and record the actual (as built) elevation (in relation to mean sea level) of the lowest floor, including basement, of all new or sub­stantially improved structures, and whether or not the structure contains a basement;

2.For all new or substantially improved floodproofed structures:

a.Verify and record the actual eleva­tion (in relation to mean sea level); and

b.Maintain the floodproofing certifi­cations required in CMC 18.10E.120(B)(3);

3.Maintain for public inspection all records pertaining to the provisions of this chapter.

D.Where there are proposed alteration(s) of watercourses, accomplish the following:

1.Notify adjacent communities and the Washington State Department of Ecology prior to any alteration or relocation of a water­course, and submit evidence of such notifica­tion to the Federal Insurance Administration;

2.Require that maintenance be provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.

E.Make interpretations, where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). A person contesting the location of the bound­ary shall be given a reasonable opportunity to appeal the interpretation as provided in CMC Title 14 for administrative appeals. In passing upon such applications, the hearing officer shall consider all technical evaluations, all rel­evant factors, standards specified in other sec­tions of this chapter, and:

1.The danger that materials may be swept onto other lands to the injury of others;

2.The danger to life and property due to flooding or erosion damage;

3.The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

4.The importance of the services pro­vided by the proposed facility to the commu­nity;

5.The necessity to the facility of a waterfront location, where applicable;

6.The availability of alternative loca­tions for the proposed use which are not sub­ject to flooding or erosion damage;

7.The compatibility of the proposed use with existing and anticipated development;

8.The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

9.The safety of access to the property in times of flood for ordinary and emergency vehicles;

10.The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

11.The costs of providing governmen­tal services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, elec­trical, and water systems, and streets and bridges.

F.The city administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administra­tion upon request. (Ord. 1052 § 1, 2004; Ord. 1020 § 1, 2002).

18.10E.160

Variances.

A.Variances, as interpreted in the National Flood Insurance Program, are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, or economic or finan­cial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare.

B.Variances may be issued for the recon­struction, rehabilitation, or restoration of struc­tures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this section.

C.Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result.

D.Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and sub­stantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provid­ing CMC 18.10E.140(E)(1) through (11) have been fully considered. As the lot size increases, the technical justification required for issuing the variance increases.

E.Variances shall only be issued upon a determination that the variance is the mini­mum necessary, considering the flood hazard, to afford relief.

F.Variances may be issued for nonresiden­tial buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry-floodproofing, where it can be determined that such action will have low damage potential, complies with all other vari­ance criteria except subsection A of this sec­tion, and otherwise complies with CMC 18.10E.170(A) and (B).

G.Variances shall only be issued upon:

1.A showing of good and sufficient cause;

2.A determination that failure to grant the variance would result in exceptional hard­ship to the applicant;

3.A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create nui­sances, cause fraud on or victimization of the public as identified in CMC 18.10E.140, or conflict with existing local laws or ordinances.

H.Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor eleva­tion. (Ord. 1052 § 1, 2004; Ord. 1020 § 1, 2002).

18.10E.170

General standards.

In all areas of special flood hazards, the fol­lowing standards are required:

A.Anchoring.

1.All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure;

2.All manufactured homes must like­wise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (reference FEMA’s “Manufactured Home Installation in Flood Hazard Areas” guidebook for additional techniques).

B.Construction Materials and Methods.

1.All new construction and substantial improvements shall be constructed with mate­rials and utility equipment resistant to flood damage;

2.All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage;

3.Electrical, heating, ventilation, plumb­ing, and air-conditioning equipment and other service facilities shall be designed and/or oth­erwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

C.Utilities.

1.All new and replacement water sup­ply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;

2.New and replacement sanitary sew­age systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and

3.On-site waste disposal systems shall be located to avoid impairment to them or con­tamination from them during flooding.

D.Subdivision Proposals.

1.All subdivision proposals shall be consistent with the need to minimize flood damage;

2.All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;

3.All subdivision proposals shall have adequate drainage provided to reduce expo­sure to flood damage;

4.All subdivisions shall disclose the presence on each residential lot of one building site, including access, that is suitable for devel­opment and is not within the area of special flood hazard; and

5.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 five acres (whichever is less). (Ord. 1052 § 1, 2004; Ord. 1020 § 1, 2002).

18.10E.180

Specific standards.

In all areas of special flood hazards where base flood elevation data has been provided as set forth in CMC 18.10E.070 or 18.10E.140(B), the following provisions are required:

A.Residential Construction.

1.New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, ele­vated one foot or more above base flood eleva­tion;

2.Fully enclosed areas below the lowest floor that are subject to flooding are prohib­ited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

a.A minimum of two openings hav­ing a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided;

b.The bottom of all openings shall be no higher than one foot above grade;

c.Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters.

B.Nonresidential Construction. New con­struction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one foot or more above the level of the base flood elevation or, together with attendant utility and sanitary facilities, shall:

1.Be floodproofed so that below one foot above the base flood level the structure is watertight with walls substantially imperme­able to the passage of water;

2.Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;

3.Be certified by a registered profes­sional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meet­ing provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifi­cations shall be provided to the official as set forth in CMC 18.10E.140(C)(2);

4.Nonresidential structures that are ele­vated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection (A)(2) of this section;

5.Applicants floodproofing nonresiden­tial buildings shall be notified that flood insur­ance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building floodproofed to one foot above the base flood level will be rated as at the base flood level).

C.Manufactured Homes. Any manufac­tured home to be placed or substantially improved within Zones A1-A30, AH, and AE on the community’s FIRM shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is one foot or more above the base flood elevation, and be securely anchored to an adequately anchored foundation system in accordance with the pro­visions of CMC 18.10E.170(A)(2).

D.Recreational Vehicles. Recreational vehicles placed on sites are required to:

1.Be on site not more than 14 consecu­tive days;

2.Be fully licensed and ready for high­way use, on their wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions. (Ord. 1052 § 1, 2004; Ord. 1020 § 1, 2002).

18.10E.190

Floodways.

Located within areas of special flood hazard established in CMC 18.10E.070 are areas des­ignated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the follow­ing provisions apply:

A.Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating through hydrologic or hydraulic analyses performed in accordance with standard engineering practice that encroachments shall not result in any increase in flood levels during the occurrence of the base flood damage.

B.Construction or reconstruction of resi­dential structures is prohibited within desig­nated floodways, except for:

1.Repairs, reconstruction, or improve­ments to a structure which do not increase the ground floor area; and

2.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, recon­struction, or improvement is started, or (b) if the structure has been damaged, and is being restored, before the damage occurred. Work done on structures to comply with existing health, sanitary, or safety codes or to structures identified as historic places shall not be included in the 50 percent.

C.If subsection A of this section is satis­fied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this chap­ter. (Ord. 1052 § 1, 2004; Ord. 1020 § 1, 2002).

18.10E.200

Encroachments.

The cumulative effect of any proposed development, where combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point. (Ord. 1052 § 1, 2004; Ord. 1020 § 1, 2002).

18.10E.210

Standards for shallow flooding areas (AO zones).

Shallow flooding areas appear on FIRMs as AO Zones with depth designations. The base flood depths in these zones range from one to three feet above ground where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. In these areas, the following provisions apply:

A.New construction and substantial im­provements of residential structures within AO Zones shall have the lowest floor (including basement) elevated above the highest grade adjacent to the building one foot or more above the depth number specified on the FIRM (at least two feet if no depth number is specified).

B.New construction and substantial im­provements of nonresidential structures within AO Zones shall either:

1.Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site one foot or more above the depth number specified on the FIRM (at least two feet if no depth number is speci­fied); or

2.Together with attendant utility and sanitary facilities, be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer or architect as in CMC 18.10E.180(B)(3).

C.Require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. (Ord. 1052 § 1, 2004; Ord. 1020 § 1, 2002).

Chapter 18.10F

CRITICAL AREAS CODE – GEOLOGICALLY HAZARDOUS AREAS

Sections:

18.10F.010   Permitted uses and activities.

18.10F.020   Classification.

18.10F.030   Designation.

18.10F.040   Application requirements.

18.10F.050   General standards.

18.10F.060   Specific standards.

18.10F.010

Permitted uses and activities.

Uses and activities allowed within desig­nated geologically hazardous areas are those uses permitted by the zoning district, subject to the provisions of this chapter. (Ord. 1020 § 1, 2002).

18.10F.020

Classification.

A.Geologically hazardous areas in the city consist of erosion hazard areas (wind and water) and steep slopes. Classification and rat­ing of geologically hazardous areas will be based upon the risk to development. The cate­gories of risk shall be (1) known or suspected risk; (2) no risk; and (3) risk unknown, mean­ing data is not available to determine the pres­ence or absence of a geological hazard. The classification system for geologically hazard­ous areas shall be as described below.

1.Level 1 Critical hazard areas shall be those areas with a known or suspected risk.

2.Level 2 Awareness hazard areas shall be those areas that have an unknown risk.

B.The determination of the level of risk will be established through an approved geo­technical report submitted by the applicant for any development permit. The city may use on-site inspections and the information sources identified within this title as guidance in iden­tifying the presence of potential geologically hazardous areas.

C.Any land containing soils, geology or slopes that meet any of the following criteria shall be classified as having a known or sus­pected risk of being geologically hazardous areas:

1.Soils classified in the soil survey of Chelan County Area as having a moderate or high hazard for wind and/or water erosion;

2.Soil complexes containing at least one soil type classified as a moderate to severe erosion hazard when occurring on slopes of 15 percent or greater;

3.Any areas with slopes 30 percent and greater;

4.Areas of historic failures or poten­tially unstable slopes designated on the Natu­ral Resource Conservation Service slide hazard area studies, and those areas mapped as slumps, earthflows, mudflows, lahars or land­slides on maps published by the United States Geological Survey or Department of Natural Resources Division of Geology and Earth Resources;

5.Any area with a combination of:

a.Slopes 15 percent or steeper, and

b.Impermeable soils (typically silt and clay) frequently interbedded with granular soils (predominantly sand and gravel), and

c.Springs or ground water seepage;

6.Any area which has shown geologi­cally significant movement during the past 10,000 years or which is underlain by mass wastage debris from that period of time;

7.Any area potentially unstable as a result of rapid stream incision or stream bank erosion;

8.Areas located in a canyon or ravine, or on a bluff;

9.Any area located on an alluvial fan, presently or potentially subject to inundation by debris flows or deposition of stream-trans­ported sediments. (Ord. 1020 § 1, 2002).

18.10F.030

Designation.

All existing areas of the city classified according to the provisions contained in this chapter, as determined by the city, are desig­nated as geologically hazardous areas. (Ord. 1020 § 1, 2002).

18.10F.040

Application requirements.

Development permit applications shall pro­vide appropriate information on forms pro­vided by the city, including without limitation the information described below. Additional reports or information to identify potential impacts and mitigation measures to geologi­cally hazardous areas may be required if deemed necessary. Generally, within Level 1 Critical hazard areas, detailed studies and reports will be required to determine whether or not development will be allowed, and if so, what mitigation measures will be required. Within Level 2 Awareness hazard areas, detailed studies and reports may be necessary to determine the existence of a geologically hazardous area, and if so, whether or not devel­opment will be allowed and what mitigation measures might be necessary where develop­ment may occur.

A.A site plan which discloses the follow­ing:

1.The location and boundaries of the geologically hazardous area;

2.The location and dimensions of all existing and proposed buildings, roads and other improvements, and their physical rela­tionship to the geologically hazardous area;

3.The location and type of any pro­posed buffers, including the identification of any other protective measures; and

4.Locations and results of any test holes, excavations, etc., used in evaluating the existence and extent of the geologic hazard;

B.A geotechnical report prepared as described within this title; and

C.A certification from the geotechnical engineer and/or geologist preparing the study and report stating all of the following:

1.The risk of damage from the project, both on- and off-site, is minimal;

2.The project will not materially increase the risk of occurrence of the hazard; and

3.The specific measures incorporated into the design and operational plan of the project to eliminate or reduce the risk of dam­age due to the hazard. (Ord. 1020 § 1, 2002).

18.10F.050

General standards.

The following minimum standards shall apply to all development activities occurring within designated geologically hazardous areas and their buffers.

A.All projects shall be evaluated to deter­mine whether the project is proposed to be located in a geologically hazardous area, the project’s potential impact on the geologically hazardous area, and the potential impact of the geologic hazard on the proposed project.

B.Appropriate buffer areas shall be main­tained between all permitted uses and activi­ties and designated geologically hazardous areas.

1.A minimum buffer of 50 feet shall be established from the top, toe and all edges of geologically hazardous areas.

2.Existing native vegetation within the buffer area shall be maintained.

3.The buffer may be reduced to a mini­mum of 30 feet when an applicant demon­strates, to the satisfaction of the city, that the reduction will adequately protect the proposed development and the designated geologically hazardous area.

4.Normal nondestructive pruning and trimming of vegetation for maintenance pur­poses, or thinning of limbs of individual trees to provide for a view corridor, is allowed within the buffer area.

C.Appropriate drainage and erosion con­trol measures, as determined by the city, shall be implemented in designated geologically hazardous areas.

1.All development shall submit for review and approval a drainage and erosion control plan pursuant to the provisions of this title, unless waived by the city.

2.All disturbed areas shall be revege­tated in accordance with an approved plan, and completed within six months.

3.Surface drainage shall not be directed across the face of a bluff or into a ravine. If drainage must be discharged from the bluff into adjacent waters, it shall be collected above the face of the bluff and directed to the water by a sealed drain line, and provided with an energy dissipating device.

D.Appropriate grading and excavation measures, as determined by the city, shall be implemented in designated geologically haz­ardous areas.

1.All development shall submit for review and approval a grading and excavation plan as specified in Chapter 18.10A CMC, unless waived by the city. There shall be min­imum disturbance of trees and vegetation on steep slopes and in ravines to minimize erosion and instability.

2.Excavation, grading and earthwork construction in designated geologically haz­ardous areas shall only be allowed from April 1st to October 15th, except for the following circumstances:

a.Up to 5,000 square feet may be cleared on any lot, subject to approval of a drainage and erosion control and grading plan as required above; and

b.Timber harvest pursuant to DNR-approved forest practices or a clearing and grading permit may be allowed.

3.All disturbed areas shall be revege­tated in accordance with an approved plan, and completed within six months.

4.All clearing shall be marked in the field for inspection and approval prior to alter­ation of the site.

5.The face of any cuts and/or fills on slopes will be prepared, maintained and reveg­etated to control against erosion.

E.Construction methods should be utilized which minimize risks to structures and which do not increase the risk to the site, or to adja­cent properties and their structures, from the geologic hazard.

F.Site planning shall minimize disruption of existing topography and natural vegetation, and shall incorporate opportunities for phased clearing.

G.Impervious surface coverage shall be minimized.

H.Any limitations to site disturbance, such as clearing restrictions, imposed as a condition of development approval shall be marked in the field and approved by the city prior to undertaking the project.

I.A monitoring program shall be prepared for construction activities occurring in critical geologic hazard areas.

J.Development shall not increase instabil­ity or create a hazard to the site or adjacent properties, or result in a significant increase in sedimentation or erosion. (Ord. 1020 § 1, 2002).

18.10F.060

Specific standards.

The following standards shall apply to the activity identified below, in addition to the gen­eral standards outlined in CMC 18.10F.050.

A.Road Repair and Construction. Con­struction of any new public or private road is prohibited in a designated geologically hazard­ous area. Any existing private or public road repair or maintenance may be authorized, sub­ject to the following minimum standards:

1.The repair and maintenance shall not create additional significant adverse impacts to the geologically hazardous area; and

2.Road repair and maintenance is the minimum necessary to provide safe traveling surfaces.

B.Major Developments. All major devel­opments processed by the city according to the provisions governing full administrative review or quasi-judicial review authorized within a designated geologically hazardous area shall comply with the following minimum standards:

1.All plats shall disclose the presence on each residential lot of one building site, including sufficient building area, sewage sys­tem, setbacks, and access, that is suitable for development and which is not within the des­ignated geologically hazardous area or its associated buffer;

2.All geologically hazardous areas and their buffers shall be clearly identified on all plats, maps, documents, etc.;

3.Designated geologically hazardous areas and their associated buffers shall be des­ignated and disclosed on the final plats, maps, documents, etc., as open space tracts, non­buildable lot and buffer areas, or as common areas, with ownership and control transferred to a homeowner’s association. Associated geo­logically hazardous area buffers may alterna­tively be designated and disclosed on the final plats, maps, documents, etc., as an easement or covenant encumbering the property; and

4.Areas which pose an immediate, sig­nificant threat to public safety shall be appro­priately fenced and identified, as determined by the city.

C. Surface Water Management. Stormwater retention and detention systems, including