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HomeMy WebLinkAbout3911 Ordinance - Amending PMC Repealing Chapter 23.11 and Creating Title 28 Critical Areas ORDINANCE NO. II AN ORDINANCE relating to Critical Areas repealing PMC Chapter 23.11 and establishing a new PMC Title 28 for regulating Critical Areas. WHEREAS, cities are required by the State of Washington Growth Management Act (GMA) (RCW 36.70A 170)to identify and designate critical areas; and, WHEREAS, Critical areas are defined by RCW 36.70A.030 to include wetlands, areas with critical recharging effect on aquifers used for potable water, fish and wildlife habitat conservation areas, frequently flooded areas and geologically hazardous areas; and, WHEREAS, all cities and counties in Washington planning under RCW 26.70A.040 must take action to review and update as necessary development regulations dealing with critical areas every seven years; and, WHEREAS, historical priority habitat and species data prepared by the Washington Department of Fish and Wildlife indicate there are at least six (6) significant habitat areas within the Pasco UGA; and, WHEREAS, a review of the Pasco Urban Growth Area was conducted in 2008 (Critical Areas Review Pasco Planning Dept 2008) to determine the extent of critical areas within the sphere of Pasco's planning responsibilities,and, WHEREAS, much of the data identifying the historical priority habitats within the Pasco UGA was obtained prior to 1990; and, WHEREAS, since 1990 the City of Pasco has experience phenomenal growth increasing in population by 31,935; and, WHEREAS, the native or natural landscape and environment within the Pasco UGA has been subject to high levels of disturbance because of ongoing agricultural production, industrial and commercial activities and other forms of urban development for over 100 years; and, WHEREAS, the construction and operation of the transportation system (barge, rail, highway, and airport) mineral extraction, development of urban parks, schools and other concentrated urban development has significantly diminished the functions and values of natural areas for habitat; and, WHEREAS,the historical habitat areas have been reduced ninety percent in size by urban development; and, WHEREAS, the remaining natural sites containing remnants of the original shrub-steppe environment are fragmented in areas that pose serious conflicts for the encouragement of wildlife habitat. The areas enclosed within the Tri-Cities Airport (the third busiest airport in the state) are marginal habitat. For the safety of airport operations and the threat these operations pose to wildlife encouraging the protection of habitat around the runways is not appropriate; and, WHEREAS,the site at the northwest corner of Broadmoor Boulevard and Harris Road is occupied by a farming operation, South Columbia Irrigation District facilities and the Central Pre- 1 Mix mineral extraction facility, Much of this area is reserved for the production of mineral resources and must be preserved for mineral extraction as required by the GMA (RCW 36.70A.060 (1)(a); and, WHEREAS, the City Council finds that with relatively level ground and few geological features, Pasco and the Pasco UGA are located on some of the earliest and continuously used agricultural lands in Franklin County even predating the Grand Coulee irrigation project. Consequently, standard farming practices including land clearing, land leveling, tilling, planting, irrigating, applying farm chemicals to the land,harvesting, sheep grazing and crop residue burning have significantly altered the natural environment. Urban development followed the establishment of the farms and further altered natural ecosystems. The City Council further finds that: o Wetlands can be found in Franklin County along the margins, side channels and islands of the Columbia and Snake Rivers and in the low lying areas of the County around Scooteney Reservoir and Eagle Lakes. These wetland areas are located outside the Pasco UGA. o Irrigation canals, farm ponds, wastewater treatment facilities and drainage facilities are located through out the UGA. By GMA definition these facilities are riot wetlands. o Hydric soils are located within Sacajawea State Park and along the shoreline in the Columbia Bend area of the Pasco UGA. o Coulees and canyons within the County can develop wetlands where groundwater emerges. There are no coulees or canyons in the Pasco UGA. o The native or natural landscape and environment within the Pasco UGA has been subject to high levels of disturbance because of ongoing agricultural production, industrial and commercial activities and other forms of urban development for over 100 years. o Much of the Pasco shoreline has been altered by the construction of large levees, past industrial development,the construction of port facilities, residential development and the development of large urban parks. • The Columbia River levees are armored with large basalt rip-rap. • The shoreline in the Columbia Bend area and around Sacajawea State Park contains riparian lands. o A 2002 study [BPIC Shoreline Wetlands Report (East of Boat Basin)], (HDR Engineering 2002) indicated there may be some marginal low-quality wetlands (perhaps a Category IV) areas within 5-20 feet of the Columbia River along portions of Big Pasco Industrial Park. o The varied topography of the county including steep bluffs along the Columbia River (White Bluffs), bluffs along the Snake River, cliffs, coulees, canyons, the Juniper Dunes, the Scooteney-Eagle Lakes area, river islands, shorelines and intact steppe and shrub-steppe areas all provide important fish and wildlife habitat. With few exceptions these significant habitat areas are located outside the Pasco UGA. 2 . 1 o The values and functions of the riparian environment in the Pasco UGA has been significantly altered over the years due to the results of levee construction and maintenance, industrial development, urban park development and other urban development activities. • There are no known spawning beds in the Pasco UGA. • The Pasco UGA contains no steppe ecosystems. • The remnants of the original shrub-steppe environment are fragmented in areas that pose serious conflicts (airport & mineral extraction) for the encouragement of wildlife habitat preservation. o The remnants of the shrub steppe environment are located in fragmented ownerships near industrial development and arterial streets with no variety of natural features indicative of priority or quality habitat areas. These areas are isolated from . large continuous shrub-steppe environments that contain substantial amounts of interior habitat. c The US Fish and Wildlife Service lists the Bull Trout/Dolly Varden as a threatened species. The National Marine Fisheries Service lists the Snake River Sockeye, Spring/Summer and Fall Chinook as threatened species. Steelhead are also listed as a threatened species. o The River system through the Pasco UGA is listed as a critical habitat for the threatened anadromous fish species. o Franklin County contains a number of species and habitats of local importance. These habitat areas and species are found primarily along the breaks of the Columbia and Snake Rivers, the Juniper Dunes Wilderness area, Scooteney-Eagle Lakes area, river islands, shorelines and intact steppe and shrub-steppe areas. These significant habitat areas are principally located outside the Pasco UGA. o The Franklin Conservation District indicates significant aquifer recharge areas within Franklin County are located outside the Pasco UGA. o The areas most susceptible to flooding in Franklin County are the Esquatzel Coulee and the Kahlotus Creek areas. Both of these flood prone areas are located to the north of the Pasco UGA. o According to the Flood Insurance Rate Maps most of the Pasco UGA is located in a minimal flood hazard zone. o The Pasco UGA is in an area of low seismic activity. o Certain areas of Pasco may be susceptible to soil liquefaction during a seismic event. o There are no cliffs, canyons or coulees or other significant types of geological feature within the Pasco UGA. 3 o Slopes in excess of IS percent are found in Sections 11 and 14 West of the airport and along the west side of the north/south portion of Dent Road. o Pasco receives between 5 and 7 inches of precipitation a year, an insignificant amount to cause any concern about slope saturation. WHEREAS, the proposed draft Critical Areas Ordinance was forwarded to the Department of Community Trade and Economic Development for state agency review as required by law and was processed under ID# 13509; and, WHEREAS, in response to notification under ID # 13509 the proposed draft Critical Areas Ordinance was reviewed by the Washington State Department of Ecology and Community Trade and Economic Development; and, WHEREAS, the proposed draft Critical Areas Ordinance was modified to accommodate the comments and suggestions of State Agencies responding to the notification under ID # 13509; and, WHEREAS, the proposed draft Critical Area Ordinance was made available for public review on the City of Pasco Web site; and, WHEREAS, the Planning Commission, after public notification, held two public workshops and two public hearings to receive public comment on the proposed draft Critical Area Ordinance; and, WHEREAS, the City Council, after public notification, held a public workshop and a public hearing to receive public comment on the proposed draft Critical Area Ordinance; and, WHEREAS, the City Council finds the proposed draft Critical Area Ordinance is consistent with the city's Comprehensive Plan; and, WHEREAS, with the completion and adoption of the draft Critical Area Ordinance the Comprehensive Plan and Development Regulations for the City of Pasco are consistent with the Growth Management Act and the Comprehensive Plan and Development Regulation update process is complete,NOW,THEREFORE THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON,DO ORDAIN AS FOLLOWS: Section 1. That section 23.11 Critical Lands Protection of the Pasco Municipal Code be and the same is hereby repealed. Section 2. That a new Pasco Municipal Code Title 28 be and the same is hereby enacted to read as follows: Chapter 28.04 Critical Areas Sections: 28.04.010 Title 28.04.020 Purpose and Intent 4 28.04.030 Critical Areas 28.04.040 Critical Area Categories 28.04.050 Intent of Critical Area Regulation 28.04.060 Legislative Authority 28.04.070 Interpretation 28.04.080 Relationship to Other Regulations 28.04.090 Best Available Science Documentation 28.04.010 This Title shall be known as the Critical Area Ordinance of the City of Pasco, Washington. 28.04.020 PURPOSE OF TITLE. The purpose of this Title is to conserve and protect the values and functions of environmentally sensitive and hazardous areas which contribute to public health, safety, and welfare of the community without violating any citizen's constitutional rights to the use of property. 28.04.030 CRITICAL AREAS. Critical areas defined by the Growth Management Act, and of concern to Pasco, include: (a) Wetlands; (b) Fish and wildlife habitats; (c) Aquifer recharge areas; (d) Flood hazard areas; and (e) Geologically hazardous areas such as those subject to landslide and steep slope failures, erosion, seismic events, mine collapse, and volcanic hazards. 28.04.040 CRITICAL AREA CATEGORIES. The City finds that these critical areas fall into one or both of the following categories: a) Critical areas provide a variety of valuable and beneficial biological and physical functions that benefit the City and its residents; and b) Critical areas pose a potential threat to human safety or to public and private property. 28.04.050 INTENT OF CRITICAL AREA REGULATION. The intent of this Title is to implement the provisions of the Growth Management Act and the Pasco Comprehensive Plan by managing development in harmony with critical areas.This Title seeks to: (a) Protect members of the public and public resources and facilities from injury, loss of life, or property damage due to landslides and steep slope failures, erosion, seismic events, volcanic eruptions, or flooding; (b) Protect unique, fragile and valuable elements of the environment, including fish and wildlife and their habitats; (c) Mitigate unavoidable impacts to environmentally sensitive areas by regulating alterations in and adjacent to critical areas; (d) Prevent cumulative adverse environmental impacts to water quality and wetlands; 5 (e) Meet the requirements of the Washington Growth Management Act (RCW 36.70A) with regard to the protection of critical area lands; (f) Meet the requirements of the "Best Available Science" rule intended to ensure that best available science is included in the development of local policies and regulations for critical areas pursuant to RCW 36.70A.172(1). The rule also identifies ways to provide special consideration for preserving or enhancing anadromous fisheries, pursuant to RCW 36.70A.172 (1); and (g) Coordinate environmental review and permitting of proposals to avoid duplication and delay of desirable actions. 28.04.060 LEGISLATIVE AUTHORITY. This Title is adopted under the authority of Chapters 36.70 and 36.70A,RCW and Article 11 of the Washington State Constitution. 28.04.070 INTERPRETATION. In the interpretation and application of this Title, all provisions shall be: (a) Considered the minimum necessary; (b) Liberally construed to serve the purposes of this Title; and, (c) Deemed neither to limit nor repeal any other powers under state statute. 28.04.080 RELATIONSHIP TO OTHER REGULATIONS. The regulations of this Title shall apply as an overlay and shall be used in addition to zoning and other regulations established by the City of Pasco. In the event of any conflict between these regulations and any other regulations of the City, the regulations that provide greater protection to environmentally sensitive areas or greater protection from environmental hazards shall apply. It is recognized that many city, county, state, and federal permit conditions may be applied to a proposed action, and that compliance with the provisions of the Title does not constitute compliance with other such requirements. Satisfaction of the requirements of this Title shall also be sufficient to satisfy the requirement for critical areas analysis and mitigation pursuant to RCW 43.21C (State Environmental Policy) and Title 23 (Environmental Impact) of the City of Pasco Municipal Code. 28.04.090 Best Available Science Documentation. A listing of document sources used in the development of this Title is maintained on file in the City's Community and Economic Development Department, Planning Division. Chapter 28.08 Definitions Sections: 28.08.010 Definition Interpretation 28.08.015 Activity 28.08.020 Administrator 6 28.08.025 Alteration 28.08.030 Anadromous Fish 28.08.035 Applicant 28.08.040 Best Available Science(BAS) 28.08.045 Best Management Practices(BMPs) 28.08.050 Buffer or Buffer Area 28.08.055 Confined Aquifer 28.08.060 Compensatory Mitigation 28.08.065 Conservation Easement 28.08.070 Critical Areas 28.08.075 Critical Area Designation 28.08.080 Critical Area Detailed Study 28.08.085 Development 28.08.090 Development Proposal 28.08.095 Emergent Wetland 28.08.100 Enhancement 28.08.105 Environmentally Sensitive Area 28.08.110 Exemption 28.08.115 Existing and Ongoing Agriculture 28.08.120 Exotic 28.08.125 Facility 28.08.130 Favorable Determination 28.08.135 Final Determination 28.08.140 Function 28.08.145 Geologic Hazard Area 28.08.150 Habitat Areas of Local Importance 28.08.155 Hazardous Substance(s) 28.08.160 Hazardous Substance Processing or Handling 28.08.165 Hazardous Waste (a) Dangerous waste (b) Extremely hazardous waste 28.08.170 Hazardous Waste Treatment and Storage Facility 28.08.175 Hydric soil 28.08.180 Hydrogeologic Assessment 28.08.185 In-Kind 28.08.190 Lakeshore Management Plan 28.08.195 Landslide Hazard Areas 28.08.200 NRCS 28.08.205 Normal Maintenance and Repair 28.08.210 Off-site 28.08.215 On-site 28.08.220 Out-of-kind 28.08.225 Primary Association 28.08.230 Proposal 28.08.235 Qualified Consultant 28.08.240 Qualified Fish and Wildlife Biologist 28.08.245 Qualified Wetlands Biologist 28.08.250 Reasonable Use or Reasonable Economic Use 28.08.255 Reasonable Use Exception 28.08.260 Remediation 28.08.265 Restoration 7 28.08.270 Seismic Hazard Area 28.08.275 Setbacks 28.08.280 Site Assessment 28.08.285 Slump 28.08.290 Sole Source Aquifer 28.08.395 Temporary Erosion Control 28.08.300 Threatened Species 28.08.305 Unfavorable Determination 28.08.310 Unprotected Aquifer 28.08.315 Values 28.08.320 View Corridor 28.08.325 Vulnerability 28.08.330 Wetland 28.08.335 Wetland Categories 28.08.340 Wetland Community Description 28.08.345 Wetland Creation 28.08.350 Wetland Delineation 28.08.355 Wetland Enhancement 28.08.360 Wetland Functions 28.08.365 Wetland Protection/Maintenance(Preservation) 28.08.370 Wetland Restoration 28.08.375 Wetland Values 28.08.010 Definition interpretation. Unless otherwise provided for in this Title, all words and phrases shall be interpreted to have their customary meanings and usages. 28.08.015 Activity. Any development or land use action, or composite of such actions, which falls under the jurisdiction of this Title. 28.08.020 Administrative official, administrator. The City Planner shall administer the provisions of this Title. 28.08.025 Alteration. Any human-induced activity that changes the existing condition of a critical area. Alterations include, but are not limited to: grading; filling; dredging; draining; channelizing; clearing or removing vegetation; applying herbicides, pesticides or any hazardous substance; discharging pollutants; modifying for surface water management purposes, cutting, pruning or topping, clearing, relocating or removing vegetation; paving; construction; applying gravel; or any other human activity that changes the existing iandforms, vegetation, hydrology, wildlife, or wildlife habitat of a critical area. Alterations do not include walking, fishing,or any other passive recreation or other similar activity. 28.08.030 Anadromous fish. Species, such as salmon, which are born in fresh water, spend a large part of their lives in the sea, and return to fresh water rivers and streams to procreate. 28.08.035 Applicant. The person, party, firm, corporation, or other entity that proposes any activity that could affect a critical area. 28.08.040 Best Available Science (BAS). Current and scientific information used in the process to designate, protect, or restore critical areas that is derived from a valid scientific process as defined by WAC 365-195-900 through 925. Sources of best available science are 8 included in "Citations of Recommended sources of Best Available Science for Designating and Protecting Critical Areas" published by the State Office of Community Trade and Economic Development. 28.08.045 Best Management Practices (BMPs). Best management practices are accepted, state-of-the-art measures for obtaining the highest quality mitigation possible in a given situation. BMPs encompass a variety of behavioral,procedural, and structural measures. 28.08.050 Buffer or Buffer Area. A naturally vegetated and undisturbed or revegetated zone surrounding a critical area that protects the critical area from adverse impacts to its integrity and value, or is an integral part of the resource's ecosystem. 28.08.055 Confined Aquifer. Any aquifer bounded above and below by impermeable or relatively impermeable layers. 28.08.060 Compensatory Mitigation. The process or action of replacing project- induced wetland losses or impacts including, but not limited to, restoration, creation, and enhancement. 28.08.065 Conservation Easement. An agreement between a landowner and a land trust organization whereby the landowner forms a perpetual legal agreement to permanently restrict harmful uses and development of a property. The land stays in private ownership and use, and the land trust sees that the restrictions are carried out. Land trusts are local, regional or statewide non-profit organizations directly involved in protecting important land resources for public benefit. 28.08.070 Critical Areas. Includes wetlands, geologically hazardous areas, fish and wildlife habitat areas, flood hazard areas and aquifer recharge areas as designated in this Title and required by RCW 36.70A and WAC 365-190-080. 28.08.075 Critical Area Designation. The legal identification and specification for regulatory purposes of critical areas. 28.08.080 Critical Area Detailed Study. A thorough investigation of an activity and the critical area(s) it may impact as required by this Title. 28.08.085 Development. Any construction or exterior alteration of structures, dredging, drilling, dumping, filling, earth movement, clearing or removal of vegetation, or other site disturbance which either requires a permit, approval or authorization from the City or is proposed by a public agency. 28.08.090 Development Proposal. Any of the activities relating to the use and/or development of land requiring a permit or approval from the City of Pasco. 28.08.095 Emergent Wetland. A wetland with at least thirty percent (30%) of the surface area covered by erect, rooted, herbaceous vegetation as the uppermost vegetative strata. 28.08.100 Enhancement. For the purposes of critical areas regulations, enhancement is an action that improves the functions or values of a sensitive area or buffer. Enhancement may or may not be mitigation. 9 28.08.105 Environmentally Sensitive Area. Any area whose functions and values are subject to disruption by any regulated activity. 28.08.110 Exemption. Release from the liability or requirement of a regulation as a result of meeting the specific identified criteria. 28.08.115 Existing and Ongoing Agriculture. Those activities conducted on lands defined in RCW 84.34.080(2), and those existing activities involved in the production of crops or livestock. Activities may include the operation and maintenance of farm and stock ponds or drainage ditches; operation and maintenance of existing ditches or irrigation systems; changes from one type of agricultural activity to another agricultural activity; normal maintenance, repair, and operation of existing serviceable structures, facilities or improved areas. Activities that bring a non-agricultural area into agricultural use are not part of an ongoing operation. An operation ceases to be ongoing when the area on which it is conducted is converted to a non-agricultural use or has lain idle for more than five(5)years. 28.08.120 Exotic. Any species of plant(s) or animal(s)that is foreign to the planning area. 28.08.125 Facility. Any structure, contiguous land, appurtenances, and other improvements on the land used for recycling, reusing, reclaiming, transferring, storing, treating, disposing, or otherwise handling a hazardous substance. Use of the term "facility" includes underground and aboveground tanks and operations that handle, use, dispose of or store hazardous substances. 28.08130 Favorable Determination. The determination by the City Planner that the activity will adequately mitigate its impact upon the critical area(s) and comply with performance standards of this Title and is authorized. 28.08.135 Final Determination. The determination by the City Planner of the adequacy of the project, as proposed, to mitigate any effects it may have on critical areas that are included within or adjacent to the project site. In addition, the City Planner will assess the adequacy of the project proposal's compliance with the applicable performance standards. The determination will be either favorable or unfavorable, indicating that the activity is or is not, respectively,authorized. 28.08.140 Function. The natural processes performed by a critical area and its components. 28.08.145 Geologic Hazard Areas. Lands or areas characterized by geologic, hydrologic and topographic conditions that render them susceptible to potentially significant or severe risk of landslides, erosion, or volcanic or seismic activity or that are susceptible to liquefaction. 28.08.150 Habitat Areas of Local Importance. A seasonal range or habitat element with which a given species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long-term. These might include areas of high relative density or species richness, breeding habitat, winter range, and movement corridors. These might also include habitats that are of limited availability or high vulnerability to alteration such as wetlands. 10 28.08.155 Hazardous Substance(s). Any liquid, solid, gas or sludge, including any material, substance, product, commodity or waste, regardless of quantity, that exhibits any of the characteristics of hazardous waste including waste oil and petroleum products. 28.08.160 Hazardous Substance Processing or Handling. The use, storage, manufacture or other land use activity involving hazardous substances, but does not include individually packaged household consumer products or quantities of hazardous substances of less than five(5) gallons in volume per container. 28.08.165 Hazardous Waste. All dangerous waste and extremely hazardous waste as designated pursuant to Chapter 70.105 RCW, Chapter 173-303, WAC. (a) Dangerous waste. Dangerous waste means any discarded, useless, unwanted, or abandoned substances including, but not limited to, certain pesticides, or any residues or containers of such substances which are disposed of in such quantity or concentration as to pose a substantial present or potential hazard to human health, wildlife, or the environment because such wastes or constituents or combinations of such wastes: 1. Have short-lived, toxic properties that may cause death, injury, or illness or have mutagenic, teratogenic, or carcinogenic properties; or, 2. Are corrosive, explosive, flammable, or may generate pressure through decomposition or other means. (b) Extremely hazardous waste. Extremely hazardous waste means any waste which: I. Will persist in a hazardous form for several years or more at a disposal site and which in its persistent form presents a significant environmental hazard and may be concentrated by living organisms through a food chain or may affect the genetic make-up of humans or wildlife, and; 2. Is disposed of at a disposal site in such quantities as would present an extreme hazard to humans or the environment. 28.08.170 Hazardous Waste Treatment and Storage Facility. A facility that treats and stores hazardous waste and is authorized pursuant to Chapter 70.105 RCW, Chapter 173-303 WAC; including all contiguous land and structures used for recycling, reusing, reclaiming,transferring, storing,treating, or disposing of hazardous waste. 28.08.175 Hydric Soil. Soil that is saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper portions of the soil profile. 28.08.180 Hydrogeologic Assessment. A report detailing the subsurface conditions of a site and which indicates the susceptibility and potential for contamination of groundwater supplies. 28.08.185 In-kind. An action to replace a critical area with a substitute critical area whose characteristics closely approximate those destroyed or degraded by a regulated activity. 28.08.190 Lakeshore Management Plan. Means the McNary Lakeshore Management Plan, Lake Wallula, Oregon and Washington prepared by the US Army Corp of 11 Engineers intended to manage and protect the shoreline and to promote recreation and to operate and maintain water resource projects in the public interest. 28.08.195 Landslide Hazard Areas. Areas that, due to a combination of slope inclination, relative soil permeability and hydrologic factors, are susceptible to varying risks of landsliding. 28.08.200 NRCS. The Natural Resource Conservation Service of the United States Department of Agriculture. 28.08.205 Normal Maintenance and Repair. Normal maintenance or repair of existing structures or developments, including damage by accident, fire or elements. Normal maintenance includes those usual acts to prevent a decline, lapse, or cessation from a lawfully established condition. Normal repair means to restore a development to a state comparable to its original condition, including but not limited to its size, shape, configuration, location and external appearance, within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to shoreline resource or environment. Replacement of a structure or development may be authorized as repair where such replacement is the common method of repair for the type of structure or development and the replacement structure or development is comparable to the original structure or development including but not limited to its size, shape, configuration, location and external appearance and the replacement does not cause substantial adverse effects to environment or shoreline resources. 28.08.210 Off-site. Action away from the site on which the critical area has been or will be impacted by a regulated activity. 28.08.215 On-site. Action at or within two hundred (200) feet of the site on which the critical area has been or will be impacted by a regulated activity. 28.08.220 Out-of-kind. An action to replace a critical area with a substitute critical area whose characteristics do not closely approximate those destroyed or degraded by a regulated activity. 28.08.225 Primary Association. The fundamental link between a species and land and or aquatic area. For the purposes of this Title, these areas are those where species breed or feed. 28.08.230 Proposal. See Development Proposal. 28.08.235 Qualified Consultant. A person with expertise through training and/or experience in the area cited who is capable of performing the required services at a level approximating the state of the practice. 28.08.240 Qualified Fish and Wildlife Biologist. A person with expertise in habitat issues with a degree in an appropriate field and experience as a biologist. 28.08.245 Qualified Wetlands Biologist. A qualified professional with expertise in wetland issues, and with a minimum of two years experience in performing delineations using state and federal manuals analyzing wetland functions and values, analyzing wetland impacts, preparing wetland reports, and developing wetland mitigation and restoration plans. 12 28.08.250 Reasonable Use or Reasonable Economic Use. A common law principle that no one has the right to use his or her property in a way that deprives others of the lawful enjoyment of their property. A legal concept articulated by federal and state courts in regulatory takings cases. 28.08.255 Reasonable Use Exception. An exception to the specific standards identified in this Title granted to a property owner on the basis that a property owner should be allowed the reasonable use of his or her property. 28.08.260 Remediation. The cleanup and restoration of groundwater to some acceptable level, 28.08.265 Restoration. For the purposes of sensitive areas regulation, restoration is an action which returns a sensitive area or buffer to a state in which its stability and functions approach its unaltered state as closely as possible. 28.08.270 Seismic Hazard Areas. Areas that, due to a combination of soil and groundwater conditions, are subject to severe risk of ground shaking, subsidence, or liquefaction of soils during earthquakes. These areas are typically underlain by soft or loose saturated soils (such as alluvium), have a shallow groundwater table and are typically located on the floors of river valleys. 28.08.275 Setbacks. The required distances between every structure on a lot and the lot lines of the lot on which it is located, or from rights-of-way, access easements, or the edges of critical areas as delineated according to the standards and procedures defined in this Title. 28.08.280 Site Assessment. A site-specific analysis which identifies the presence of critical areas, classifies and designates the critical area, documents site conditions, analyzes project-generated impacts, and identifies appropriate mitigative measures. Site assessments include wetland reports, hydrogeologic reports,and habitat management plans. 28.08.285 Slump. The downward and outward movement of a mass of bedrock or regolith along a distinct surface of failure. 28.08.290 Sole Source Aquifer. An area so designated by the Environmental Protection Agency pursuant to the Federal Drinking Water Act. 28.08.295 Temporary Erosion Control. On-site and off-site control measures that are needed to control conveyance or deposition of earth, turbidity, or pollutants during development,construction,or restoration. 28.08.300 Threatened Species. A species, native to the State of Washington, that is likely to become endangered in the foreseeable future throughout a significant portion of its range within the State without cooperative management or the removal of threats as designated by WAC 232-12-011. 28.08.305 Unfavorable Determination. The determination by the City Planner that the activity will not adequately mitigate its impact upon the critical area(s) and/or comply with performance standards of this Title and is not authorized. 13 28.08.310 Unprotected Aquifer. Any aquifer that is neither confined nor protected by overlying surface or subsurface impermeable layers. 28.08.315 Values. The desirable attributes associated with a critical area and its components that contribute to public health, safety, and welfare. 28.08.325 Vulnerability. The degree to which groundwater may become contaminated depending on the local hydrologic characteristics and amounts of potential groundwater contaminant present. 28.08.330 Wetland. 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 adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, shallow open waters, and similar areas. Wetlands do not include those artificial wetlands purposefully and intentionally created from non- wetland sites by human actions, including, but not limited to irrigation and drainage ditches, grass- lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street or highway. However, wetlands include those artificial wetlands intentionally created to mitigate conversion of wetlands. 28.08.335 Wetland Categories. (1) Category 1. Wetlands are: 1) alkali wetlands; 2) wetlands that are identified by scientists of the Washington Natural Heritage Program/DNR as high quality wetlands; 3) bogs; 4) mature and old-growth forested wetlands over 1/4 acre with slow-growing trees; 5) forests with stands of aspen; and 6)wetlands that perform many functions very well (2) Category II. These wetlands are those that: 1) forested wetlands in the floodplains of rivers; 2) mature and old-growth forested wetlands over '/4 acre with fast-growing trees; 3) vernal pools; and 4) wetlands that perform functions well. These wetlands are difficult, though not impossible,to replace, and provide high levels of some functions. (3) Category III. Forested wetlands in the floodplains of rivers; 2) mature and old- growth forested wetlands over '/o acre with fast-growing trees; 3)vernal pools; and 4)wetlands that perform functions well. These wetlands are difficult, though not impossible, to replace, and provide high levels of some functions. (4) Category IV. Category IV wetlands have the lowest level of functions and are often heavily disturbed. These are wetlands that could be replaced, and in some cases improved. However, experience has shown that replacement cannot be guaranteed in any specific case. These wetlands may provide some important functions and also need to be protected. 28.08.340 Wetland Community Description. A thorough description of the wetland and any resident plant and animal species. 28.08.345 Wetland Creation. The manipulation of the physical, chemical, or biological characteristics present to develop a wetland on an upland or deepwater site where a wetland did not previously exist. Establishment results in a gain in wetland acres. Activities typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils, and support the growth of hydrophytic plant species. 28.08.350 Wetland Delineation. The mapping of a wetland and establishment of its boundary or edge. 14 28.08.355 Wetland Enhancement. The manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify, or improve specific function(s) or to change the growth stage or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention, or wildlife habitat. Enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. Activities typically consist of planting vegetation, controlling non-native or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods,or some combination of these activities. 28.08.360 Wetland Functions. Those natural processes performed by wetlands, such as facilitating food chain production; providing habitat for nesting, rearing, and resting sites for aquatic, terrestrial, or avian species; maintaining the availability and quality of water acting as recharge, and discharge for groundwater aquifers; moderating surface water and stormwater flows; and other functions including, but not limited to, those identified in the Code of Federal Regulations 320.4(b)(2). 28.08.365 Wetland Protection/Maintenance (Preservation): Removing a threat to, or preventing the decline of, wetland conditions by an action in or near a wetland. This includes the purchase of land or easements, repairing water control structures or fences, or structural protection such as repairing a barrier island. This term also includes activities commonly associated with the term preservation. Preservation does not result in a gain of wetland acres, may result in a gain in functions, and will be used only in exceptional circumstances. 28.08.370 Wetland Restoration: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former or degraded wetland, For the purpose of tracking net gains in wetland acres, restoration is divided into: • Re-establishment. The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Re-establishment results in a gain in wetland acres (and functions). Activities could include removing fill material, plugging ditches, or breaking drain tiles. • Rehabilitation. The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland. Rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. Activities could involve breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland. 28.08.375 Wetland Values. Wetland values are estimates, usually subjective, of the benefits of wetlands to society, and include aesthetics, education, scientific research, and recreation. Chapter 28.12 General Provisions Sections: 28.12.010 Authorizations Required 28.12.020 Jurisdiction 15 28.12.030 Exemptions 28.12.040 Reasonable Use Exceptions 28.12.050 Waivers for Subsequent Approvals 28.12.060 Vested Development and Pending Development Approvals 28.12.070 Variances 28.12.080 Critical Area Review 28.12.090 Minimum Standards 28.12.100 Concurrent Requirements 28.12.110 Pre-Application Meeting 28.12.120 Critical Area Checklist 28.12.130 Initial Determination 28.12.140 Waivers from Critical Area Detailed Study Requirements 28.12.150 Critical Area Detailed Studies 28.12.160 Final Determination 28.12.170 Completion of the Critical Area Review 28.12.180 Mitigation Standards 28.12.190 Buffers 28.12.200 Bonding 28.12.210 Incentives 28.12.220 Critical Areas Map 28.12.010 Authorizations Required. Prior to fulfilling the requirements of this Title, the City shall not grant any approval or permission to alter the condition of any land, water or vegetation, or to construct or alter any structure or improvement including, but not limited to, the following: (a) Building Permit; (b) Conditional Use Permit; (c) Shoreline Conditional Use Permit; (d) Shoreline Substantial Development Permit; (e) Shoreline Variance; (f) Binding Site Plan; (g) Short Subdivision; (h) Subdivision; (i) Zoning Variance; 0) Rezone; or (k) Any other adopted permit or required approval not expressly exempted by this Title. 28.12.020 Jurisdiction. This Title shall apply to all lands, all land uses and development and all structures and facilities in Pasco, except as exempted under Section 28.12.030 of this Title. This Title shall apply to every person, individual, firm, partnership, corporation, governmental agency or other entity that owns, leases,or administers land within Pasco. This Title provides regulations for land use and development in and adjacent to critical areas as defined herein. These regulations are additional to, and coordinated with, the Pasco Comprehensive Plan,the Pasco Shoreline Master Program,and regulations adopted pursuant to the Pasco Urban Area Zoning Code and any other applicable regulations adopted by the City of Pasco. This Title does not apply to environmentally sensitive areas waterward of the ordinary high water mark. If there are any conflicts between this Title and other applicable regulations, the most restrictive requirements apply. 16 28.12.030 Exemptions. All exempted activities shall use reasonable methods supported by Best Available Science or accepted Best Management Practices with the least amount of potential impact to the critical areas. 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. This includes, but is not limited to, accessways or paths, vegetation removal or damage beyond a reasonable work zone, and grading and clearing not essential to the ongoing operation of the site's use. To be exempt from this Title does not give permission to destroy a critical area or ignore risk from natural hazards. Exempted activities are: (a) Emergency activities necessary to prevent an immediate threat to public health, safety, or welfare. An emergency is an unanticipated and imminent threat to the public health or safety or to the environment that requires immediate action within a period of time too short to allow compliance with this Title. Restoration must be initiated within one year of the date of the emergency and must be completed within six (6) months of the initiation date. (b) Maintenance, operation, and reconstruction of existing structures, facilities, improved areas, utilities, sewage disposal systems, water systems, ponds, or public and private roads and driveways. When such structures are damaged by an act of nature, they may be reconstructed or replaced within two (2) years of the act of nature, provided that the new construction or related activity does not further intrude into a critical area or established buffer. Such reconstruction and replacement is subject to other applicable City regulations and permit requirements. (c) Modification of any existing structure that does not alter the structure to further intrude into a critical area or established buffer and there is no increased risk to life and property. Modification includes construction of tenant improvements, fences, decks, patios, driveways, signs and accessory structures. (d) Operation and maintenance of any system of existing dikes, levees, ditches, drains, or other facilities which were created, developed or utilized primarily as a part of a drainage or diking system. Operation and maintenance does not include the expansion or new construction of drainage ditches and related facilities. (e) Removal of hazardous trees and vegetation and, when necessary, measures to control or prevent a fire or halt the spread of disease or damaging insects consistent with the State Forest Practices Act; Chapter 76.09 RCW, PROVIDED that no vegetation shall be removed from a critical area or its buffer without approval from the City. (f) Activities involving artificially created wetlands or streams intentionally created from non- wetland sites, including, but not limited to: grass-lined swales, irrigation and drainage ditches, detention facilities, and landscape features, except those features that provide critical habitat for anadromous fish and those features which were created as mitigation for projects or alterations subject to the provisions of this Title. (g) Passive recreational activities, including, but not limited to, fishing, bird-watching, boating, swimming,hiking, and use of nature trails; provided the activity does not alter the critical area or its buffer. 17 5 (h) The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops and provided the harvesting does not require tilling soil, planting crops, or changing existing topography,water conditions or water sources. (i) Educational and scientific research. 0) Construction or modification of navigational aids and boundary markers. (k) Site investigation work necessary for land use applications such as surveys, soil logs, percolation tests and other related activities. In every case, disturbed areas shall be immediately restored. (l) Existing and ongoing agricultural activities and related development activities, PROVIDED no alteration of flood storage capacity or conveyance, or increase in the extent or nature of impact to a critical area or its buffer occurs, beyond that which has occurred prior to the effective date of this Title. If the proposed activity meets any of the listed exemptions, including any Best Management Practice and/or restoration requirements, completion of a critical area checklist or further critical area review is not required. The permit Applicant shall describe the proposed project in writing and identify the criteria in this Section that apply to the requested exemption and submit this to the City Planner. The City Planner will review the exemption request to verify that it complies with this Title and certify or reject the exemption. If the project is rejected, the Applicant may continue in the review process and shall submit to the requirements of the review process. 28.12.040 Reasonable Use Exceptions. If the application of this Title would deny all reasonable use of the property, and if such viable use of the property cannot be obtained by consideration of a variance pursuant to Section 28.12.070 to one or more individual requirements of this Chapter, then a landowner may seek a reasonable use exception from the standards of this Title. Reasonable Use Exception requests shall follow the variance procedures of Chapter 2.19 of the Pasco Municipal Code, and shall only be granted if all of the following criteria are met: (a) The application of this Title would deny all reasonable and economically viable use of the property; (b) There is no other reasonable and economically viable use with less impact on the critical area than that proposed; (c) The proposed development does not pose an unreasonable threat to the public health, safety or welfare on or off the development proposal site; (d) Any alterations permitted to these critical areas shall be the minimum necessary to allow for reasonable and economically viable use of the property; (e) The proposal mitigates the impacts on the critical areas to the maximum extent possible, while still allowing reasonable use of the property; (f) The inability of the applicant to derive reasonable use of the property is not the result of actions by the applicant in subdividing the property or adjusting a boundary line thereby creating the undevelopable condition after the effective date of this Title;and (g) That the granting of the exception is consistent with the general purpose and intent of the Pasco Comprehensive Plan. An application for a Reasonable Use Exception shall be filed with the City Planner. The burden of proof shall be on the Applicant to bring forth evidence in support of the application and to provide sufficient information on which any decision has to be made on the application. 18 Any authorized alteration of a critical area under this Section shall be subject to conditions established by the City of Pasco and shall require mitigation under an approved mitigation plan. 28.12.050 Waivers for Subsequent Approvals. For development permit requests that involve both discretionary land use approval/s (such as a subdivision, rezone, planned unit development, or conditional use permit) and construction permit approval/s (such as a building permit), if the provisions of this Title have been addressed fully as part of the initial discretionary approval and or the permit activity is located in a previously approved subdivision not in a critical area, then subsequent construction permit requests shall not require additional critical area checklists or review, PROVIDED the subsequent permit requests comply with all critical areas conditions contained in the initial land use approval and no substantial changes in the nature or extent of the proposed activity have been made. If a Critical Area Review is to be waived on the basis of the provisions of this Section, the Applicant shall submit a written request for the waiver including: (a) Citation of the previous approval; (b) Description of the proposed activity; (c) Documentation of compliance with or plans for compliance with any critical area conditions imposed by the previous approval; and (d) Identification of any changes in the nature or extent of the proposed activity subsequent to the previous approval. The City Planner will review the waiver request to verify that it complies with this Title and certify or reject the waiver. 28.12.060 Vested Development and Pending Development Approvals. The provisions of this Title shall not apply to any development permit review for which a complete application was filed prior to the effective date of this Title subject to the following: (a) For pre-existing legal lots of record existing on the effective date of this Title that have not previously completed a critical area review, the provisions of this Title shall apply at any subsequent building or construction permit stage, subject to Sections 28.12.030, 28.12.040 and 28.12.050. {b) For development permit requests for which a complete application was filed prior to the effective date of this Title, the provisions of this Title shall not apply to that permit or approval, PROVIDED, however, if the development proposal later requires a building or construction permit and a complete application for that building or construction permit was not filed prior to the effective date of this Title, and if the provisions of this Title were not addressed in the prior development approval, then critical area review pursuant to this Title shall be required as part of the later building or construction permit review, subject to Sections 28.12.030,28.12.040 and 28.12.050. (c) Existing development and land uses lawfully in existence on the effective date of this Title are subject to the non-conforming use provisions of the Pasco Urban Area Zoning Code. 28.12.070 Variances. Variances from the standards of this Title may be authorized by the City of Pasco Hearing Examiner in accordance with the procedures set forth in Chapter 2.19 of the Pasco Municipal Code. The Hearing Examiner shall grant the variance only if the Applicant demonstrates that the requested variance conforms to all of the criteria set forth as follows: 19 (a) That special conditions and circumstances exist which are peculiar to the land, the lot, or which are not applicable to other lands in the same district; (b) That the special conditions and circumstances do not result from the actions of the Applicant; (c) That a literal interpretation of the provisions of this Title would deprive the Applicant of rights commonly enjoyed by other properties under the terms of this Title; and (d) That granting the variance requested will not confer on the Applicant any special privilege that is denied by this Title to other lands, structures, or buildings under similar circumstances; (e) That the granting of the variance is consistent with the general purpose and intent of this Title and will not create significant adverse impacts to the associated critical areas or otherwise be detrimental to the public welfare; and (f) That the granting of the variance is consistent with the general purpose and intent of the Pasco Comprehensive Plan. (g) In granting any variance, the Hearing Examiner may prescribe such conditions and safeguards as are necessary to secure adequate protection of critical areas from adverse impacts,and to ensure conformity with this Title. (h) If the Hearing Examiner decides to grant the variance, the Examiner shall make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum necessary that will make possible the reasonable use of land, building,or structure. (i) That the Hearing Examiner shall prescribe a time limit within which the action for which the variance is required shall begin or be completed or both. Failure to begin or complete such action within the time limit set shall void the variance. An application for a variance shall be filed with the City Planner. The burden of proof shall be on the Applicant to bring forth evidence in support of the application and to provide sufficient information on which any decision has to be made on the application. 28.12.080 Critical Area Review. The City of Pasco shall complete a Critical Area Review prior to granting any permit approval for a development or other alteration on a site that is found to likely include, or be adjacent to, or have significant impact upon one or more critical areas, unless otherwise provided in this Title. As part of this review, City Planner shall verify the information submitted by the Applicant, and: (a) Confirm the extent,nature, and type of any critical areas identified, and evaluate any required Critical Area Detailed Study; (b) Determine whether the development proposal conforms to the purposes and performance standards of this Title; (c) Assess impacts on the critical area from the activities and uses proposed and determine whether any proposed alterations to, or impacts upon, critical areas are necessary and unavoidable in order to meet the objectives of the proposal; and 20 (d) Determine if any required mitigation plans proposed by the Applicant are sufficient to protect the critical area and public health, safety, and welfare concerns consistent with the goals, purposes, objectives, and requirements of this Title. The Applicant shall be responsible for the initiation, preparation, submission, and expense of all required assessments, studies, plans, reconnaissance, and other work in support of the application. The Applicant shall provide the City with both digital copies and paper copies of reports/studies and maps prepared for the reports/studies including all geotechnical studies and mapping. 28.12.090 Minimum Standards. Any proposed activity shall be conditioned as necessary to mitigate impacts to critical areas and conform to the Performance Standards required by this Title. Subject to the Reasonable Use Exception of Section 28.12.040, any project that cannot adequately mitigate its impacts to critical areas or meet the Performance Standards required by Chapters 28.16 through 28.32 shall be denied. 28.12.100 Concurrent Requirements. Lands characterized by one or more critical area feature may also be subject to other regulations established by this Title due to overlap or multiple functions of some critical areas. In the event of conflict between regulations the most restrictive regulations shall apply. 28.12.110 pre-Application Meeting. Any person preparing for the permitting of an activity that may be regulated by the provisions of this Title may request a pre-application meeting with the City prior to the Critical Area Review process. At this meeting, the City Planner shall discuss the requirements of this Title, outline the review process, and work with the activity proponent to identify any potential concerns that might arise during the review process. 28.12.120 Critical Area Checklist. For any proposed activity not found to be exempt under Section 28.12.030 or covered under Section 28.12.050, the Applicant shall complete a critical area checklist on forms provided by the City. The checklist must be submitted to the City Planner prior to consideration of any permit request that requires a critical area review, as described in Section 28.12.010. Following receipt of the checklist, the City Planner will conduct a review to determine whether there are any critical area indicators present that may be impacted by the proposal. 28.12.130 Initial Determination. If the City Planner determines that the site potentially includes, or is adjacent to critical areas, or that the proposed project could have significant adverse impacts on critical areas, the City Planner shall notify the Applicant that a Critical Area Detailed Study is required for each of the indicated critical area types. If the review of the checklist and critical area resources do not indicate that critical areas are included or adjacent to the activity, or could suffer probable significant adverse impacts from the activity, then the City Planner shall rule that the Critical Area Review is complete. The determination shall be noted on the checklist. The Applicant shall acknowledge in writing that a determination regarding the apparent absence of one or more critical areas by the City Planner is not intended to be an expert certification regarding the presence of critical areas and that the determination is subject to possible reconsideration and reopening if new information is received. If the Applicant wants greater assurance of the accuracy 21 of the Critical Area Review determination, the Applicant may hire a qualified consultant to provide such assurances. 28.12.140 Waivers from Critical Area Detailed Study Requirements. The City Planner may waive the requirement for a Critical Area Detailed Study if there is substantial evidence that: (a) There will be no alteration of the critical areas or required buffer; (b) The development proposal will not impact the critical area in a manner contrary to the purpose, intent and requirements of this Title; and (c) The performance standards required by this Title will be met. Notice of the findings substantiating the waiver will be attached to the permit and filed with the application records. 28.12.150 Critical Area Detailed Studies (a) Preliminary Reconnaissance. If a Critical Area Detailed Study is determined to be necessary then a data review and field reconnaissance shall be performed by a qualified consultant for that type of critical area. If the Detailed Study reveals no critical area is present, then a statement of this finding along with supporting evidence shall be prepared by the consultant and submitted to the City. An approved finding of the lack of a critical area shall satisfy all of the requirements for a Detailed Study. (b) Minimum Requirements. If the data review and field reconnaissance reveals that a critical area is present, then a complete Detailed Study shall be prepared by the Applicant and submitted to the City. At a minimum, a Critical Area Detailed Study shall comply with the specific criteria in Chapters 28.16 through 28.32,and clearly document: (1) The boundary and extent of the critical area; (2) The existing function, value,and/or hazard associated with the critical area; (3) The probable impact upon the function, value, and/or hazard associated with the critical area from the project as proposed; and (4) A mitigation plan including the items in Sections 28.12.180. (c) Limitations to Study Area. If the Applicant,together with assistance from the City, cannot obtain permission for access to properties adjacent to the project area, then the Critical Area Detailed Study may be limited accordingly. (d) Preparation and Determination of Completeness. The Critical Area Detailed Study shall be prepared by a qualified consultant for the type of critical area or areas involved. The qualified consultant may consult with the City Planner prior to or during preparation of the critical area detailed study to obtain City approval of modifications to the contents of the study where, in the judgment of the qualified consultant, more or less information is required to adequately address the critical area impacts and required mitigation. 22 If the Critical Area Detailed Study is found to be incomplete, the Applicant shall be notified and the Critical Area Review process shall be suspended pending correction of the inadequacies. Upon receipt of a complete Critical Area Detailed Study a final determination is to be rendered. 28.12.160 Final Determination. Following submission of a completed Detailed Study, the City Planner will review the Detailed Study and make a determination, based on the Critical Area Detailed Study and any other available and appropriate materials. The City Planner's determination will address the adequacy of the project, as proposed, to mitigate any effects it may have on critical areas that are included within or adjacent to the project site. The City Planner may elect to request assistance from state resource agency staff if necessary. In addition, the City Planner will assess the adequacy of the project proposal's compliance with the applicable performance standards. Notice of this determination shall be attached to the permit and the Critical Area Review shall be complete. (a) A Favorable Determination. A determination that the project proposal adequately mitigates its impacts on the critical areas and complies with the applicable performance standards satisfies the provisions of this Title only. It should not be construed as endorsement or approval of the original or any subsequent permit applications. (b) An Unfavorable Determination. When a project proposal is found to not adequately mitigate its impacts on the critical areas and/or not comply with applicable performance standards, the City Planner shall prepare written notice of the reasons for the finding,of non-compliance. Such notice shall identify the critical area impacted, and the nature of the impact. Following notice of a determination from the Critical Area Review that the proposed activity does not adequately mitigate its impacts on the critical areas and/or does not comply with applicable performance standards, the Applicant may request consideration of a revised mitigation plan. If the revision is found to be substantial and relevant to the Critical Area Review, the City Planner may re-open the Critical Area Review and make a new determination based on this revised mitigation plan. 28.12.170 Completion of the Critical Area Review. If at any time prior to completion of the public input process on associated permits or approvals, the City receives new evidence that a critical area may be included in, adjacent to, or significantly impacted by the proposed activity, then the City shall re-open the critical area review process and shall require whatever level of critical area review and mitigation as indicated by the evidence. Once the public input process on all associated permits or approvals is completed and the record is closed, then the City's determination regarding critical areas shall be final, unless appeal is filed as per Chapter 2.19 of the Pasco Municipal Code. 28.12.180 Mitigation Standards. All proposed critical area alterations shall include mitigation sufficient to maintain the function and values of the critical area, or to prevent risk from a hazard posed by a critical area. Mitigation of one critical area impact should not result in unmitigated impacts to another critical area. Mitigation includes avoiding, minimizing or compensating for adverse impacts to critical areas or their buffers. The preferred sequence of mitigation is defined below(1 - most preferred, 6- least preferred): I. Avoid the impact altogether by not taking a certain action or parts of an action. 23 2. Minimize the impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts. 3. Rectify the impact by repairing, rehabilitating or restoring the affected environment to the conditions existing at the time of the initiation of the project. 4. Reduce or eliminate the impact over time through use of preservation and maintenance operations during the life of the action. 5. Compensate for the impact by replacing, enhancing, or providing substitute resources or environments. 6. Monitoring the impact and taking corrective measures. Possible mitigation techniques include, but are not limited to: buffers, setbacks, limits on clearing and grading, creation of artificial wetlands, streambank stabilization, modified construction methods, and best management practices for erosion control and maintenance of water quality. All proposed mitigation shall be documented in a mitigation plan included as an element of the Critical Area Detailed Study. The mitigation plan shall include a description of the following: (a) The mitigation, specifically, proposed; (b) How the proposed mitigation will maintain the critical area function, any ongoing monitoring and/or inspection that may be required to ensure the adequacy of the proposed mitigation, and an evaluation of the anticipated effectiveness of the proposed mitigation; (c) Any remedial measures that may be required, depending on the outcome of that ongoing monitoring and/or inspection; (d) Any required critical expertise necessary to install, monitor or inspect the proposed mitigation; and (e) Any bonding or other security required to insure performance and/or maintenance of the proposed mitigation. 28.12.190 Buffers. Buffers have, in some cases,been determined to be necessary to protect critical areas and their functions. Where specific buffers are identified, those buffers are deemed "required" or"standard" buffers. (a) Except as otherwise specified herein, required buffers shall be retained in their pre- existing condition. If a project does not propose any alteration of buffers or of the associated critical area, then subject to the following provision, no additional mitigation will be required to protect the critical area. Additional mitigation beyond the required buffer shall be required if the City Planner finds that, based on unique features of the critical area or its buffer or of the proposed activity, the required buffers will not adequately protect the function of the critical area or prevent risk of hazard from the critical area and that additional mitigation or buffering is required to protect the critical area function or to prevent risk of hazard from the critical area. (b) The buffer shall be marked prior to any site alteration and boundary markers shall be visible, durable, and permanently affixed to the ground. The boundary markers shall remain until all activity is completed and a final site inspection is completed. (c) An eight (8) foot minimum setback shall be required from the buffer area for any construction of impervious surface area greater than one hundred and twenty (120) square 24 feet. Clearing, grading, and filling within this setback shall only be allowed when the Applicant can demonstrate that vegetation within the buffer will not be damaged. (d) Where temporary buffer disturbance or alteration has or will occur in conjunction with regulated activities, revegetation with appropriate native vegetation shall be required and completed one(1)month before the end of the growing season. (e) Normal non-destructive pruning and trimming of vegetation for maintenance purposes; or thinning of limbs of individual trees to provide a view corridor, shall not be subject to these buffer requirements. Enhancement of a view corridor shall not be construed to mean excessive removal of trees or vegetation that impairs views. If the Applicant proposes to reduce required buffers or to alter the required buffer, then the Applicant shall demonstrate why such buffer modification,together with any alternative mitigation proposed in the Critical Area Detailed Study, is sufficient to protect the critical area function or to prevent risk of hazard from the critical area. The Critical Area Detailed Study shall make adequate provision for long-term buffer protection. Periodic inspection of the buffers may be required if deemed to ensure long-term buffer protection. 28.12.200 Bonding. The City Planner shall have the discretion to require a bond which will ensure compliance with the mitigation plan if activity related to the protection of the critical area(s) (for example, monitoring or maintenance) or construction is scheduled to take place after the issuance of the City's permit. The bond shall be in the form of a surety bond, performance bond, assignment of savings account, or an irrevocable standby letter of credit guaranteed by a financial institution with terms and conditions acceptable to the City's Attorney. The bond shall be in the amount of one hundred and twenty-five percent (125%) of the estimated cost of the uncompleted actions or construction or the estimated cost of restoring the function and values of the critical area that are at risk, whichever is higher. The term of the bond shall be two (2) years, or until the additional activity or construction has been completed and passed the necessary inspections,whichever is longer. 28.12.210 Incentives. The following incentives are intended to minimize the burden to individual property owners from application of the provisions of this chapter: (a) Open Space. Any property owner on whose property a critical area or its associated buffer is located and who proposes to put the critical area and buffer in a separate tract may apply for current use property tax assessment on that separate tract through Franklin County, pursuant to RCW 84.34. (b) Conservation Easement. Any person whose property contains an identified critical area or its associated buffer may place a conservation easement over that portion of the property by naming a beneficiary under RCW 64.04.130 as beneficiary of the conservation easement. This conservation easement may be in lieu of a separate critical areas tract that qualifies for open space tax assessment described in Section 28.12.210(a). The purpose of the easement shall be to preserve, protect, maintain, restore and limit future use of the property affected. The terms of the conservation easement may include prohibitions or restrictions on access. 28.12.220 Critical Areas Map. The approximate location and extent of critical areas in the City of Pasco are shown on the critical areas map adopted as apart of the Comprehensive Plan. The map is to be used only as a guide to alert the user to the possible distribution, location, and 25 extent of critical areas. The Map shall be utilized as a source of generalized information and shall not be considered as regulatory standards or substitute for site-specific assessments. The actual type, extent, and boundaries of critical areas shall be determined in the field by a qualified specialist according to the procedures,definitions, and criteria established by this Title. Chapter 28.16 Wetlands Sections: 28.16.010 Purpose 28.16.020 Wetland Designation 28.16.030 Wetland Rating 28.16.040 Wetland Indicators 28.16.050 Wetland Detailed Study 28.16.060 Wetland Detailed Study Exemptions 28.16.070 Basic Wetland Requirement 28.16.080 Required Buffers 28.16.090 Compensatory Mitigation 28.16.100 Innovative Mitigation 28.16.110 Mitigation Exceptions 28.16.120 Restoration 28,16.010 PURPOSE The purpose of this chapter is to promote public health and welfare by instituting local measures to preserve naturally occurring wetlands that exist in the city for their associated value. These areas may serve a variety of vital functions, including, but not limited to: flood storage and conveyance, water quality protection, recharge and discharge areas for groundwater, erosion control, sediment control, fish and wildlife habitat, recreation, education and scientific research. 28.16.020 Wetland Designation Under this Title, wetlands shall be designated in accordance with the definitions, methods and standards set forth in the Washington State Wetlands Identification and Delineation Manual as amended (Washington State Department of Ecology, March 1997, Ecology Publication #96-94). All areas within the City of Pasco meeting the criteria identified in this delineation manual, regardless of whether or not these areas have been formally identified as wetlands, are hereby designated as wetland critical areas and are subject to the provisions of this Title. 28.16.030 Wetland Rating (Classification) The wetlands rating system is intended to differentiate between wetlands based on their sensitivity to disturbance, rarity, irreplaceabliltiy, and the functions and values they provide. A general description of wetland categories and the rationale for each category is provided in the definitions section of this Title (see "Wetland Categories"). 26 (a) Wetlands shall be rated (classified) as either Category I, Category II, Category III, or Category IV according to the criteria listed in this section. This rating system is based on the Washington Department of Ecology's Washington State Wetlands Rating System for Eastern Washington--Revised and the most current copy of that document should be referred to for additional information on classification of wetlands. 28.16.040 Wetland Indicators. The following indicators of wetland presence shall be used by the City Planner to determine if a wetland Detailed Study is needed: (a) Listing in the City's Critical Areas Map as a wetland; or (b) Documentation, through references state or federal handbooks and or reports by qualified experts; or (c) A finding by a qualified wetland biologist that an appropriate hydrologic, soil, and/or vegetation regime indicative of a wetland exists; or (d) A reasonable belief by the City Planner that a wetland may exist, supported by a site visit and subsequent consultation with a qualified wetland biologist. 28.16.050 Wetland Detailed Study - Requirements. If a Wetland Detailed Study is required, it shall meet the following requirements in addition to the Basic Requirements identified in Sections 28.12.150: (a) The Wetland Detailed Study shall be completed by a qualified wetlands biologist. (b) The extent and boundaries of any wetlands shall be determined in accordance with the methodology specified under Section 28.16.020. The boundary shall be surveyed and mapped at a scale no smaller than one(1) inch equals two hundred (200) feet. (c) A wetland community description and wetland classification shall be completed, consistent with the requirements of Section 28.16.020. (d) A written values and functions assessment shall be completed and address site hydrology (source of water in the system, water quality, flood and stream flow attenuation, seasonality of presence of water, if applicable), soils, vegetation, fish and wildlife habitat, recreation, and aesthetics. (e) The site plan for the proposed activity shall be mapped at the same scale as the wetland map, showing the extent of the proposed activity in relationship to the surveyed wetland including a detailed narrative describing the project, its relationship to the wetland and its potential impact on the wetland. (f) The proposed mitigation plan shall follow the general mitigation plan requirements described in Section 28.12,180, and shall address how the activity has been mitigated to avoid and minimize adverse impacts to wetlands. The Guidelines for Developing Freshwater Wetlands Mitigation Plans and Proposals, Department of Ecology, March 1994 (or any succeeding documents) should be used as a basis for mitigation. 28.16.060 Wetland Detailed Study Exemptions. In addition to activities exempted in Section 28.12.030, the following activities shall not require a Wetland Detailed Study, PROVIDED they are conducted using accepted Best Management Practices as determined by the City Planner: (a) Conservation or preservation of soil,water, vegetation,fish or other wildlife. 28.16.070 Basic Wetland Requirement. A regulated wetland or its required buffer can only be altered if the Wetland Detailed Study shows that: (a) The proposed alteration does not degrade the quantitative and qualitative functions of the wetland, or (b) Any degradation can be adequately mitigated to protect the wetland function. Any proposed alteration approved pursuant to this section shall include mitigation necessary to 27 mitigate the impacts of the proposed alteration on the wetland as described in this Chapter and Section 28.12.180. 28.16.080 Required Buffers (a) Buffer Requirements. The following buffers shall be required for wetlands based on the rating of the wetland as outlined in Section 28.16.030: Wetland Buffer Requirements Category of Wetland Land Use with Land Use with Land Use with Low impact* Moderate Impact* Hillh Impact* IV 25 ft 40 ft 50 ft III 75 ft 110ft 150 ft II 100 ft 150 ft 200 ft 1 125 ft 190 ft 250 ft * See Table 2 in this section for types of land uses that can result in low,moderate, and high impacts to wetlands. Any wetland created, restored or enhanced as compensation for approved wetland alterations shall also include the standard buffer required for the category of the created, restored,or enhanced wetland. (b) Measuring Buffer Dimensions. Wetland buffers shall be measured horizontally in a landward direction from the delineated wetland edge. (c) Wetlands Adjacent to Slopes. Where lands adjacent to a wetland display a continuous slope of twenty-five percent (25%) or greater, the buffer shall include such sloping areas. Where the horizontal distance of the sloping area is greater than the required standard buffer, the buffer shall be extended to a point twenty-five (25) feet beyond the top of the bank of the sloping area. Table# 2 Land Use Intensity Table Level of Impact from Proposed Types of Land Use Based on Common Zoning Designations Change in Land Use High •Commercial •Urban •Industrial •Institutional •Retail sales •Residential(more than 1 unit/acre) •High-intensity recreation(golf courses,ball fields,etc.) 28 Moderate -Residential 0 unit/acre or less) •Moderate-intensity open space(parks with biking,jogging, etc.) •Paved driveways and gravel driveways serving 3 or more residences - Paved trails Low -Low-intensity open space(hiking,bird-watching,preservation of natural resources, etc.) •Timber management -Gravel driveways serving 2 or fewer residences -Unpaved trails •Utility corridor without a maintenance road and little or no vegetation management. 28.16.090 Compensatory Mitigation. As a condition of any development permit or approval which results in on-site loss or degradation of regulated wetlands and/or wetland buffers, the City may require the Applicant to provide compensatory mitigation to offset impacts resulting from the actions of the Applicant or Violator. The following standards shall apply: (a) The mitigation shall be conducted on property that shall be protected and managed to avoid further loss or degradation. The Applicant or violator shall provide for long term preservation of the mitigation area. (b) Mitigation ratios shall be consistent with the following entitled Washington State Department of Ecology manual; Wetland Mitigation in Washington State, Part l: Agency Policies and Guidance (Version 1, Publication #06-06-01 la, March 2006) and Wetland Mitigation in Washington State, Part 2: Developing Mitigation Plans (Version 1, Publication#06-06-011 b, March 2006). (c) Mitigation shall follow an approved Mitigation Plan and reflect the restoration/creation ratios specified above. (d) The Applicant shall enter in to a wetland mitigation monitoring agreement with the City as a condition of approval. The monitoring program will continue for at least eight years from the date of plant installation. Monitoring will continue for ten years where woody vegetation (forested or shrub wetlands) is the intended result. These communities take at least eight years after planting to reach eighty percent canopy closure. Reporting for a ten year monitoring period shall occur in years one, two,three, five, seven and ten. Monitoring in all instances shall be bonded. Reporting results of the monitoring data to the City is the responsibility of the applicant. (e) Mitigation shall be completed prior to or concurrently with, wetland loss; or, in the case of an enforcement action, prior to continuation of the activity by the Applicant or violator. (f) On-site mitigation is generally preferred over off-site mitigation. (g) Off-site mitigation allows replacement of wetlands away from the site on which the wetland has been impacted by a regulated activity. Off-site mitigation will be conducted in accordance with the restoration/creation ratios described above. Off-site mitigation shall occur within the same drainage basin as the wetland loss occurs, provided that Category IV wetlands may be replaced outside of the watershed if there is no reasonable alternative. Off-site mitigation may be permitted where: 1. On-site mitigation is not feasible due to hydrology, soils, or other factors. 29 2. On-site mitigation is not practical due to probable adverse impacts from surrounding land uses or would conflict with a federal, state or local public safety directive. 3. Potential functional values at the site of the proposed restoration are greater than the lost wetland functional values. (h) When the wetland to be altered is of a limited functional value and is degraded, mitigation shall be of the wetland community types needed most in the location of mitigation and those most likely to succeed with the highest functional value possible. (i) Out-of-kind mitigation can be allowed when out-of-kind replacement will best meet the provisions of this section. (j) Except in the case of cooperative mitigation projects in selecting mitigation sites, Applicants shall pursue locations in the following order of preference: 1. Filled,drained, or cleared sites that were formerly wetlands and where appropriate hydrology exists. 2. Upland sites, adjacent to wetlands, if the upland is significantly disturbed and does not contain a mature forested or shrub community of native species, and where the appropriate natural hydrology exists. (k) Where out-of-kind replacement is accepted, greater restoration/creation ratios may be required. (1) Construction of mitigation projects shall be timed to reduce impacts to existing wildlife and plants. Construction shall be timed to assure that grading and soil movement occurs during the dry season and planting of vegetation shall be specifically timed to the needs of target species. 28.96.100 Innovative Mitigation. One or more Applicants, or an organization may undertake a mitigation project together if it is demonstrated that all of the following circumstances exist: (a) Creation of one or several larger wetlands may be preferable to many small wetlands; (b) The group demonstrates the organizational and fiscal capability to act cooperatively; (c) The group demonstrates that long term management of the mitigation area will be provided; and, (d) There is a clear potential for success of the proposed mitigation at the identified mitigation site. Conducting mitigation as part of a cooperative process does not reduce or eliminate the required replacement ratios outlined in Section 28.16.120 (e), except where a compensatory mitigation plan including a five-year monitoring agreement is included as a condition of approval, such plan shall allow for one-to-one (1:1) replacement ratios upon successful completion of the monitoring agreement. Wetland mitigation and banking programs shall be consistent with the provisions outlined in the Department of Ecology's publication Wetland Mitigation in Washington State, Part 1; Agency Policies and Guidance (Version 1, Publication#06-06-011a, March 2006) and Wetland Mitigation in Washington State, Part 2: Developing Mitigation Plans (Version 1, Publication #06-06-011 b, March 2006). 1. Credits from a wetland mitigation bank may be approved for use as compensation for unavoidable impacts to wetlands when: a. The bank is certified under Chapter 173-700 WAC; 30 b. The City Planner determines that the wetland mitigation bank provides appropriate compensation for the authorized impacts; and c. The proposed use of credits is consistent with the terms and conditions of the bank's certification. 2. Replacement ratios for projects using bank credits shall be consistent with replacement ratios specified in the bank's certification. 3. Credits from a certified wetland mitigation bank may be used to compensate for impacts located within the service area specified in the bank's certification. In some cases, the service area of the bank may include portions of more than one adjacent drainage basin for specific wetland functions. 28.16.110 Mitigation Exceptions. Requirements for mitigation do not apply when a wetland alteration is intended exclusively for the enhancement or restoration of an existing regulated wetland and the proposal will not result in a loss of wetland function and value, subject to the following conditions: (a) The enhancement or restoration project shall not be associated with a development activity. (b) An restoration plan shall be prepared and approved as described in Section 28.16.120. 28.16.120 Restoration. Restoration is required when a wetland or its buffer has been altered in violation of this Title. The following minimum performance standards shall be met for the restoration of a wetland,PROVIDED that if it can be demonstrated by the Applicant that greater functional and habitat values can be obtained, these standards may be modified: (a) The original wetland configuration should be replicated including depth,width, and length at the original location. (b) The original soil types and configuration shall be replicated. (c) The wetland, including buffer areas, shall be replanted with native vegetation which replicates the original species, sizes and densities. (d) The original functional values shall be restored, including water quality and wildlife habitat functions. (e) Required replacement ratios are shown in the following table: Wetland In-Kind (On-Site) Restoration: Restoration/Creation Area Ratios Wetland Category Wetland Area Created : Wetland Area Lost CATEGORY I 4: 1 CATEGORY it or III 2 : 1 CATEGORY IV 1.25 : 1 A restoration plan shall be prepared and approved prior to commencement of restoration work. Such a plan shall be prepared by a qualified wetland biologist and shall describe how the proposed actions meet the minimum requirements described above. The City Planner shall, at the 31 Applicant's or Violator's expense, seek expert advice in determining the adequacy of the plan. Inadequate plans shall be returned to the Applicant or Violator for revision and resubmittal. Chapter 28.20 Habitat Sections: 28.20.010 Purpose 28.20.020 Fish and Wildlife Habitat Area Designation and Classification Criteria 28.20.030 Fish and Wildlife Habitat Area Rating 28.20.040 Determination of Need for Fish and Wildlife Habitat Area Detailed Study 28.20.050 Fish and Wildlife Habitat Area Detailed Study Requirements 28,20.060 Performance Standards Minimum Requirements 28.20.070 Bald Eagle Habitat 28.20.080 Wetland Habitat 28.20.010 Purpose. The purpose of this chapter is to provide a framework to evaluate the development, design and location of buildings to ensure critical fish and wildlife habitat is preserved and protected to avoid habitat fragmentation. These regulations seek to protect critical habitat areas so populations of endangered, threatened and sensitive species are given consideration during the development review process. 28.20.020 Fish and Wildlife Habitat Area Designation and Classification Criteria (a) Fish and wildlife habitat areas shall include the following: Criteria for Classification of Fish and Wildlife Habitat Areas Habitat Area Characteristic 1 Classification Source (1) Areas with which state or federally designated endangered, threatened, DF&W, US F&W and sensitive species have a primary association, (NOAA) (2) Naturally occurring under twenty(20) acres in size and their submerged DOE aquatic beds that provide fish or wildlife habitat, (3) Waters of the state classified as fish and wildlife habitats under the DNR, DOE, DF&W, Growth Management Act, RCW 36.70A, and WAC 365-190-080(5)(c)(v) affected Indian tribes (1) Columbia River i (ii) Snake River (4) State Natural Area Preserves and Natural Resource Conservation Areas; DNR and, { areas of local importance as determined by resolution of the City DF&W Council. 32 (b) The map references indicated are intended to serve only as a guide during development review. In all cases,the actual presence or absence of listed species or habitat shall determine how this Title applies. (c) All areas within the City of Pasco meeting one or more of these criteria, are hereby designated as critical areas and are subject to the provisions of this Title. (d) Priority Habitats and Species for Franklin County are identified in the Washington Department of Fish and Wildlife, 2008 Priority Habitat and Species List published by the Washington State Department of Fish and Wildlife. 28.20.030 Fish and Wildlife Habitat Area Rating. Fish and Wildlife Habitat Areas shall be rated as Primary or Secondary according to the criteria in this section. Classification by Fish and Wildlife Areas Habitat Classification Source Area Primary Primary habitats are those areas that are valuable to fish and wildlife and Habitats support a wide variety of species due to an undisturbed nature, diversity of plant species, and structure, presence of water, or size, location or seasonal importance and which meet any of the following qualifying criteria (1) The documented presence of species listed by the federal government or DF&W, US F&W State of Washington as endangered, threatened, or sensitive. (NOAH) (2) Those rivers identified as"Shorelines of the State"under the City of Pasco DOE Shoreline Master Program,and streams within the shoreline jurisdiction. (3) Those wetlands identified as Category I Wetlands, as defined in this title. Section 28.04.020 Wetland Rating (Classification) Secondary Secondary habitats are those which are valuable to wildlife and support a wide Habitats variety of species due to: an undisturbed nature, diversity of plant species, structure, presence of water,or size, location or seasonal importance but do not meet any of the qualifying criteria listed in items 1-3 in the Primary Habitats above. 28.20.040 Determination of Need for Fish and Wildlife Habitat Area Detailed Study. (a) A Detailed Study shall be required for any activity that is within two hundred (200) feet of a Fish and Wildlife Habitat Area. (b) Due to the sensitive nature of certain species, the Applicant shall notify the City if the proposed activity will occur within 660 feet (118 of a mile) of a Fish and Wildlife Habitat Area; the City may then contact appropriate agencies and determine if a Detailed Study should be prepared, based on the sensitivity of the site. (c) The City Planner shall require a Detailed Study of a habitat area if the following indicators are present: 1. The area is listed in the City's Critical Areas Map as a Fish and Wildlife Habitat Area; or 33 2. Documentation exists that shows that any of the classification criteria listed in Section 28.20.030 are present,based on any of the references listed in this Title; or 3. A qualified lash and wildlife biologist finds that habitat conditions appropriate to meet one or more of the classification criteria listed above in 28.20.030 exist; or 4. The City Planner possesses a reasonable belief that a Fish and Wildlife Habitat may exist. Such reasonable belief shall be supported by a site visit and subsequent consultation with a qualified fish and wildlife biologist. 28.20.050 Fish and Wildlife Habitat Area Detailed Study Requirements. If a Fish and Wildlife Habitat Area Detailed Study is required, it shall include and/or meet the following requirements in addition to the Basic Requirements identified in Sections 28.12.150. (a) The Detailed Study shall be completed by a qualified Fish and Wildlife biologist with expertise in assessing the relevant species and habitats. Evidence of qualifications shall be provided with the Detailed Study. (b) The site plan and map submitted shall be of a scale no smaller than 1 inch=200 feet. The Site plan shall indicate all Fish and Wildlife Habitat Critical Areas, as determined by the criteria in Section 28.20.030, and shall include the area within two hundred (200) feet of the subject property. The Applicant may prepare the site plan, however it is subject to review by the qualified fish and wildlife biologist. The extent and boundaries of the habitat shall be determined by the qualified fish and wildlife biologist. (c) A habitat description including a habitat rating as described in Section 28.20.030, and a statement of functions and values providing information on the species in question and the associated plant and animal communities. A complete list of species and special habitat features shall be included. (d) A regulatory analysis including a discussion of any federal, state, tribal, and/or local requirements or special management recommendations developed specifically for species and/or habitats located on the site. (e) The proposed mitigation plan shall address how the proposed development activity has been mitigated to avoid and minimize adverse impacts to the habitat, and shall follow the general mitigation plan requirements described in Section 28.12.180. (f) A statement of management and maintenance practices, including a discussion of ongoing maintenance practices that will assure protection of all fish and wildlife habitat conservation areas on-site after the project has been completed. (g) Habitat and Buffer Recommendations: (1) Where non-fish species have been identified and classified as endangered or threatened by the federal government or Washington Department of Fish and Wildlife, the Detailed Study shall identify the required habitat and recommend appropriate buffers based on the State Department of Fish and Wildlife Priority Habitat and Species(PHS)management recommendations. 34 (2) Where other Fish and Wildlife Habitats areas have been identified, the Detailed Study shall identify the required habitat and recommend appropriate buffers based on the following recommendations: (i) For areas with endangered, threatened, and sensitive species, any recommended protective measures shall be consistent with the Washington Department of Fish and Wildlife Priority Habitat and Species (PHS) management recommendations; and (ii) For naturally occurring ponds under twenty (20) acres, protective provisions that are consistent with the wetland performance standards of Chapter 28.16. (h) Habitats and species that have been identified as Priority Species or Priority Habitats by the Washington Department of Fish and Wildlife Priority Habitats and Species Program should not be reduced and shall be preserved through regulation, acquisition, incentives and other techniques. 28.20.060 Performance Standards Minimum Requirements. This section describes the minimum performance standard requirements for habitat areas, including wetland habitats, riparian habitats,and specific requirements for Bald Eagle habitat areas. (a) Wetland Habitats. All habitat sites containing wetlands shall conform to the wetland development performance standards set forth in Chapter 28.16. (b) Riparian Habitats. (1) Buffer Requirements. Native vegetation standard buffers for activities occurring adjacent to streams within Fish and Wildlife Habitat Areas shall be maintained. Buffer widths shall be based on the extent of prior stream channel modification. Riparian buffers are determined by whether or not a salmonid habitat is present. The buffer distance from the ordinary high-water mark shall be as follows: Riparian Buffer Requirements Stream Minimum Buffer Width Columbia& Snake Rivers 100 feet (2) Exception for Lots Adjacent to Pre-Existing Development. The required Riparian buffer width listed above shall not apply in cases where the adjacent pre-existing development (vested prior to the effective date of this Title) does not meet these established standards. In such cases, the buffer may be reduced by one-third (1/3) the difference between the required buffer and the larger of the two adjacent buffers. Adjacency in this situation shall be defined as being within fifty (50) feet of the side property lines. If there is only clearing on one side of the proposed activity within fifty (50) feet of the side property line, then the buffer can be reduced as shown in the following table: 35 Riparian Buffer Requirements: Adjacent Pre-Existing Development Exceptions Stream Minimum Buffer Width Columbia & Snake Rivers 60 feet 28.20.070 Bald Eagle Habitat. Bald Eagle habitat shall be protected pursuant to the Washington State Bald Eagle Protection Rules (WAC 232-12-292). A Habitat Management Plan shall be developed by the Applicant in coordination with the Department of Fish and Wildlife whenever activities that alter habitat are proposed near a verified nest territory or communal roost. 28.20.080 Wetland Habitat. All habitat sites containing wetlands shall conform to the wetland mitigation and restoration provisions set forth in Section 28.16.080 thought 28.16.130. Chapter 28.24 Aquifer Recharge Areas Sections 28.24.010 Purpose 28.24.020 Aquifer Recharge Area Designation Criteria 28.24.030 Aquifer Recharge Area Classification 28.24,040 Determination of Need for Aquifer Recharge Detailed Study 28.24.050 Aquifer Recharge Area Detailed Study 28.24.240 Aquifer Recharge Area Detailed Study Special Exemptions 28.24.070 Performance Standards Basic Requirements 28.24.080 Storage Tanks 28.24.010 Purpose The purpose and intent of this section is to safeguard groundwater resources from hazardous substance and hazardous waste pollution by controlling or abating future pollution from new land uses or activities. 28.24.020 Aquifer Recharge Area Designation Criteria. (a) Aquifer recharge areas shall be classified as following: Designation of Aquifer Recharge Areas Aquifer Recharge Area Characteristic J Designation Source (1) Wellhead Protection Areas pursuant to WAC 246-290; WA DOH, US EPA (2) Areas designated for special protection pursuant to a groundwater WA DOE management program,Chapters 90.44, 90.48,and 90.54 RCW and Chapters 173-100 and 173-200 WAC (3) Areas overlying unprotected aquifers. Such aquifers shall be identified USGS through any existing competent hydrogeologic study. WA DNR 36 (4) Areas with no identified unprotected aquifers but possessing the following characteristics (1) Slopes less than fifteen percent(15%), and (2) Coarse alluvium or sand and gravel in the soil profile and no known impermeable layers. WA DOE=Washington State Department of Ecology WA DOH=Washington State Department of Health US EPA= United States Environmental Protection Agency (b) Any project area located within two hundred (200) feet of an area meeting the aquifer designation or soil classification criteria, or mapped as such, shall be treated as if it is located within the mapped area. (c) All areas within the City of Pasco meeting these criteria, regardless of the presence or lack of any formal identification as such, are hereby designated as critical areas and are subject to the provisions of this Title. 28.24.030 Aquifer Recharge Area Classification (a) Aquifer recharge areas are classified as high, moderate,or low significance aquifer recharge areas according to the following criteria: Classification of Aquifer Vulnerability Documentation and Data Sources Vulnerability Classification High Vulnerability High significance aquifer recharge areas are areas with slopes of less than fifteen percent(15%)underlain by coarse alluvium or sand and gravel. Moderate Vulnerability Moderate significance aquifer recharge areas are: 1. Areas with slopes of less than fifteen percent(15%)underlain by fine alluvium,silt,clay,glacial till,or deposits from the electron mudflow;and, 2. Areas with slopes of fifteen percent(15%)to thirty percent 30% underlain by sand and gravel. Low Vulnerability Moderate significance aquifer recharge areas are: 1. Areas with slopes of fifteen percent(15%)to thirty percent (30%)underlain by silt,clay,or glacial till; and, 2. Areas with slopes greater than thirty percent(30%). 28.24.040 Determination of Need for Aquifer Recharge Detailed Study (a)The following information resources shall be utilized along with other documentation where noted: 1. Studies from the United States Geological Survey 2. City of Pasco Wastewater Facility Plan 37 3. Soil Survey for Franklin County(Conservation District) (b) Requirements for High Significance Aquifer Recharge Area An Aquifer Recharge Area Detailed Study shall be required for any activity occurring on or adjacent to a site that is, or contains, a High Significance Aquifer Recharge Area if the activity involves one or more of the following uses: 1. Hazardous substance processing or handling 2. Hazardous waste treatment and storage facility 3. Disposal of on-site sewage for subdivisions, short plats, and commercial and industrial sites 4. Landfills 28.24.050 Aquifer Recharge Area Detailed Study When required as described in Section 28.24.040,a Aquifer Recharge Area Detailed Study shall meet the following requirements: I. The Detailed Study shall be prepared by a qualified consultant with experience in preparing hydrogeologic assessments. Evidence of these qualifications shall be provided with the Detailed Study. 2. The Detailed Study shall contain a map, of a scale no smaller.than 1 inch=200 feet,of the site and the extent of the High Significance Aquifer Recharge Area as determined by the criteria in Section 28.24.020. 3. The Detailed Study shall contain a hydrogeologic assessment including, at a minimum: A. Information sources; B. Geologic setting; C. Background water quality; D. Location of, and depth to,water tables; E. Recharge potential of the facility site; F. Groundwater flow direction and gradient; G. Currently available data on wells within one thousand(1,000)feet of the site; H. Currently available data on springs within one thousand(1,000) feet of the site; I. Surface water location and recharge potential; J. Water source supply to the activity(e.g., high capacity well); K. Any sampling schedules necessary; L. Discussion of the effects of the proposed project on the groundwater resource; and M. Other information as may be required by the Town. 4. The Detailed Study shall include a mitigation plan detailing how the activity will offset any impact on the resource and control risk of contamination to the aquifer. 38 28.24.060 Aquifer Recharge Area Detailed Study Special Exemptions In addition to the exemptions listed in 28.12.030, sewer lines and appurtenances shall be exempt from the requirement to prepare an Aquifer Recharge Area Detailed Study: 28.24.070 Performance Standards Basic Requirements 1. Any activity listed in Section 28.24.040 (b) may only be permitted in a High Significance Aquifer Recharge Area if the Detailed Study documents that the activity does not pose a threat to the aquifer system and that the proposed activity will not cause contaminants to enter the aquifer. 2. All activities located in an Aquifer Recharge Area shall minimize the creation of impervious surfaces to the extent practicable without creating a greater risk to the aquifer recharge area. 28.24.080 Storage Tanks All Storage tanks located in an Aquifer Recharge Area must conform to the following requirements. The Washington Department of Ecology also regulates and authorizes permits for underground storage tanks (WAC 173-360). (a)Underground Tanks All new underground storage facilities used or to be used for the underground storage of hazardous substances or hazardous wastes shall be designed and constructed so as to: 1. Prevent releases due to corrosion or structural failure for the operational life of the tank; 2. Be protected against corrosion, constructed of noncorrosive material, steel clad with a noncorrosive material, or designed to include a secondary containment system to prevent the release or threatened release of any stored substances; and, 3. Use material in the construction or lining of the tank which is compatible with the substance to be stored. (b) Aboveground Tanks 1. No new aboveground storage facility or part thereof shall be fabricated, constructed, installed, used or maintained in any manner which may allow the release of a hazardous substance to the soil, groundwaters, or surface waters within an Aquifer Recharge Area. 2. No new aboveground tank or part thereof shall be fabricated, constructed, installed, used, or maintained without having constructed around or under it an impervious containment area enclosing or underlying the tank or part thereof. 3. New aboveground tanks will require a secondary containment system either built into the tank structure or a dike system built outside the tank for all tanks located within an aquifer recharge area. 39 I • 9 Chapter 28.28 Flood Hazard Areas Sections: 28.28.010 Purpose 28.28.020 Classification 28.28.030 Designation 28.28.040 Management 28.28.010 Purpose The purpose of this chapter is to promote the public health, safety and welfare of the community by recognizing potential hazards that may be caused by development in areas where severe flooding is anticipated to occur. The intent of this chapter is to assist with minimizing public and private losses due to flood hazards by avoiding development in hazard areas and or implementing protective measures contained in Pasco Municipal Code Chapter 24. 28.28.020: Classification: The following categories of frequently flooded areas are established for the purposes of classification: (1) Floodway: Floodways are defined as the channel of a stream and adjacent land areas which are required to carry and discharge flood waters or flood flows of any river or stream associated with a regulatory flood. (2) Special Flood Hazard Areas: The area adjoining the floodway which is subject to a one percent or greater chance of flooding in any given year and determined by the Federal Insurance Administration. (3) Floodplain: The floodway and special flood hazard areas. These flood areas have been delineated based on studies completed by the Federal Emergency Management Agency for the national Flood Insurance Program. 28.28.030: Designation: (1) All areas within the City meeting the frequently flooded designation criteria of Section 28.28.020 are hereby designated critical areas and are subject to the provisions of this Title. (2) The approximate location and extent of frequently flooded areas are shown on the Flood Insurance Rate Maps prepared for the City of Pasco and Franklin County by the Federal Emergency Management Agency, as part of the National Flood Insurance Program. 28.28.040: Management: Title 15(Buildings and Construction)and Chapter 24.20 (Flood 40 Hazard Protection)of the City of Pasco Municipal Code regulate proposed activities in all areas of special flood hazards. If allowed, any structures permitted in the designated flood areas are subject to the flood-proofing regulations provided in Title 16 and Chapter 24.20. Chapter 28.32 Geologic Hazard Areas Sections: 28.32.010 Purpose 28.32.020 Geologic Hazard Area Designation 28.32.030 Geologic Hazard Area Classification and Designation Criteria 28.32.040 Geologic Hazard Area Rating Criteria 28.32.050 Determination of Need for Geologic Hazard Area Detailed Study 28.32.060 Geologic Hazard Area Detailed Study Requirements 28.32.070 Performance Standards Minimum Requirements 28.32.080 Long-Term Mitigation and Restoration Standards 28.32.010 Purpose The purpose of this chapter is to reduce the threats to public health and safety posed by geologic hazards. The intent is to reduce incompatible development in areas of significant geologic hazard. Development incompatible with geologic hazards may not only place itself at risk, but also may increase the hazard to surrounding development. Some geologic hazards can be reduced or mitigated by engineering, design, or modified construction or altering mining practices so risks to health and safety are minimized. When technology cannot reduce the risks to acceptable levels, development in the hazard area is best to be avoided. 28.32.020 Geologic Hazard Area Designation Geologic hazard areas within Pasco are those areas that are susceptible to significant erosion, landslide, flood hazards, seismic hazards and surface mine collapse hazards. All areas within the City of Pasco meeting the criteria described in Section 28.32.030 for known or suspected risk or unknown risk, regardless of the presence or lack of any formal identification as such, are designated as critical areas and are subject to the provisions of this Title. (a) Volcanic Hazards. The Growth Management Act requires that volcanic hazards be addressed in local critical area regulations. However, since no volcanic hazards exist in the Pasco area, no volcanic hazards regulations are needed. (b) Flood Hazard Areas. Generally, areas subject to flood hazard conditions are regulated by the Pasco Flood Plain regulations (PMC Title 24) which regulates those areas identified and classified by the Federal Emergency Management Agency (FEMA) on their Flood Hazard Boundary/Flood Insurance Rate Maps(FIRM). 28.32.030 Geologic Hazard Area Classification and Designation Criteria (a) Geologic hazard area classification criteria are listed in the table below, along with the source agencies that provide the guidelines for classification and designation: 41 Criteria for Classification of Geologic Hazard Areas Hazard Area Classification and Designation Source 1. Erosion 1 Areas with soil type possessing erosion hazard of"moderate to NRCS Hazard Areas severe,""severe,"or"very severe." (Classification based on both soil type and slope) 2. Landslide 1 Areas with slopes of thirty percent(30%)or greater slope and MRCS Hazard Areas with a vertical relief of ten(10)or more feet; 2 Areas with slopes steeper than fifteen percent(15%) MRCS on hillsides intersecting geologic contacts with a relatively permeable sediment overlying a relatively impermeable sediment or bedrock where springs or groundwater seepage is present; 3 Areas with slopes parallel or sub-parallel to planes of weakness NRCS in subsurface materials(e.g., bedding planes,joint systems, and fault planes); 4 Areas with slopes having gradients steeper than eighty percent NRCS (80%)subject to rockfall during seismic shaking; 5 Alluvial fans or canyon bottoms presently or potentially subject NRCS to inundation by debris flows or catastrophic flooding; 6 Areas that have shown movement during the Holocene epoch NRCS or which are underlain or covered by wastage debris of this epoch; 7 Evidence of or risk from snow avalanches; NRCS 8 A"severe"limitation for building site development due to slope NRCS conditions; 9 Areas of historic failure such as areas designated as quaternary USGS,Wash.- slumps, earthflows, mudfiows, lahars, or landslides on maps or DNR; or other technical reports(e.g.,topographic or geologic maps, or other government authorized documents). agencies. 3. Flood Hazard 1 Areas potentially unstable as a result of rapid stream incision, PMC Title 24 Areas stream bank erosion, and undercutting by wave action shall be addressed as a flood hazard. 4. Seismic 1 Areas subject to severe risk of damage from earthquake USGS,Wash.- Hazard Areas induced ground shaking or soil liquefaction and soil strength DNR; or other loss, including lands designated as alluvium and recessional government outwash surficial geologic units and areas located on or agencies. adjacent to a Holocene fault line. 5. Mine Hazard 1 Mine hazard areas are areas directly underlain by, adjacent to Areas or abutting,or affected by mine workings such as adits, tunnels, drifts, or air shafts. Abbreviations: NRCS- U.S. Department of Agriculture, Natural Resource Conservation Service USGS—United States Geological Survey Wash-DNR—Washington Department of Natural Resources 28.32.040 Geologic Hazard Area Rating Criteria (a) All areas within Pasco shall be classified by the following risk categories for each geologic hazard type: 42 Rating of Geologic Hazard Risk Risk Classification Documentation and Data Sources Known or Suspected Risk Documentation or projection of the hazard by a qualified expert exists. No Risk Documentation or projection of the lack of a hazard by a qualified expert exists. Risk Unknown Data are not available to determine the presence or absence of a geologic hazard. 28.32.050 Determination of Need for Geologic Hazard Area Detailed Study. A Detailed Study of a geologic hazard area shall be required if the following indicators are present: (a) If the project area is listed in the City of Pasco Critical Areas Map as possessing either a Known or Suspected Risk for erosion, landslide, flood, seismic, or mine hazard. (b) If the project area is listed in the City of Pasco Critical Areas Map as possessing an Unknown Risk for erosion, landslide, flood, seismic or mine hazard if any of the following are identified by the Applicant or City: (1) A qualified geologist finds that any of the following exist: evidence of past significant events of the hazard in question on or adjacent to the site, the presence of necessary and sufficient factors for events of the hazard in question on or adjacent to the site, or reasonable uncertainty concerning the hazard the potential for significant risk to or from the proposed activity; or (2) The City Planner possesses a reasonable belief that a geologic hazard may exist. Such reasonable belief shall be supported by a site visit and subsequent consultation with a qualified geologist. 28.32.060 Geologic Hazard Area Detailed Study Requirements. The minimum requirements for a Geologic Hazard Area Detailed Study include the following in addition to the Basic Requirements identified in Sections 28.12.150 (a) Basic Requirements. A geologic hazard critical area Detailed Study shall meet the following: (1) The Detailed Study shall be prepared by a qualified professional engineer or geologist. Evidence of qualifications shall be provided with the Detailed Study. (2) A map, of a scale no smaller than 1 inch = 200 feet, of the site and the extent of the geologic hazard area as determined by the criteria in Section 28.32.030. (3) An assessment of the geologic characteristics and engineering properties of the soils, sediments, and/or rock of the subject property and potentially affected adjacent properties, and a review of the site history regarding landslides, erosion, and prior grading. The Study shall include a soils analysis consistent with the accepted regional taxonomic classification system, and a description of the vulnerability of the site to seismic events. Documentation of data and methods shall be included. 43 (4) A geotechnical analysis including a detailed description of the proposed project, its relationship to the geologic hazard(s), and its potential impact upon the hazard area,the subject property and affected adjacent properties shall be included. (5) A mitigation plan, if appropriate, prepared by a professional engineer or geologist under the supervision of a professional engineer qualified to prepare a geologic hazard area detailed study. The mitigation plan shall include a discussion on how the project has been designed to avoid and minimize the impacts discussed in the geotechnical analysis (see mitigation standards provided in PMC 28.12.180). The plan shall make a recommendation for the minimum building setbacks from any geologic hazard based upon the geotechnical analysis. The plan shall also address the potential benefit of mitigation on the hazard area, the subject property and affected adjacent properties. (6) Where more than one geologic hazard exists within, adjacent to, impacts, or is impacted by the activity site, then only one Detailed Study is required to be completed to conduct a geologic hazard critical area review of the activity. The report shall meet all of the requirements of each critical area type but may present a unified mitigation plan. (7) Where a valid geotechnical report has been prepared within the last five (5) years for a specific site, and where the proposed land use activity and surrounding site conditions are unchanged, said report may be incorporated into the Detailed Study. The applicant shall submit a geotechnical assessment detailing any changed environmental conditions associated with the site. (b) Erosion and Landslide Hazard Areas. In addition to the Requirements of 28.32.060 (a), a erosion hazard or landslide hazard area Detailed Study must also meet the following requirements: (1) The map shall depict the height of slope, slope gradient, and cross section of the site. The site plan shall also include the location of springs, seeps, or other surface expressions of groundwater. The site plan shall also depict any evidence of surface or stormwater runoff. (2) A description of load intensity including surface and groundwater conditions, public and private sewage disposal systems, fills and excavations and all structural development. (3) An estimate of slope stability and the effect construction and placement of structures will have on the slope over the estimated life of the structure. (4) An estimate of the bluff retreat rate that recognizes and reflects potential catastrophic events such as seismic activity or a one hundred year storm event. (5) An assessment describing the extent and type of vegetative cover, (6) The geotechnical analysis shall specifically include: A. Slope stability studies and opinion(s)of slope stability; 44 B. Proposed angles of cut and fill slopes and site grading requirements; C. Structural foundation requirements and estimated foundation settlements; D. Soil compaction criteria; E. Proposed surface and subsurface drainage; F. Lateral earth pressures; G. Vulnerability of the site to erosion; H. Suitability of on-site soil for use as fill; and, I. Building limitations. (7) Mitigation proposals shall include the location and methods of drainage, surface water management, locations and methods of erosion control, a vegetation management and/or restoration plan and/or other means for maintaining long term stability of slopes. (c) Flood Hazard Areas. Flood Hazard Areas are addressed through the Pasco Floodplain regulations (Title 24). If evidence exists that the proposed development area is subject to flood hazards that are not indicated on the City's Flood Hazard Boundary Maps, and site characteristics do not warrant an erosion or landslide hazard Detailed Study, the City may require additional analysis and preparation of a mitigation plan to determine if the site is suitable for development. (d) Seismic Hazard Areas. In addition to the Basic Requirements 28.32.060 (a), a Detailed Study for a seismic hazard critical area shall also meet the following requirements: (1) The site map shall show all known and mapped faults in the project vicinity. (2) The geotechnical analysis shall include a complete discussion of the potential impacts of seismic activity reasonably probable on the site (for example, forces generated and fault displacement). (e) Mine Hazard Areas. In addition to the Basic Requirements 28.32.060 (a), a Detailed Study for a mine hazard critical area shall also meet the following requirements: (1) The site plan shall delineate the existence of mine workings adjacent to or abutting the site, or nearby mine workings which may impact the site;and (2) The geotechnical analysis shall include a discussion of the potential for subsidence on the site. (f) Volcanic Hazard Areas. Pasco is located in an area of minimal risk from Volcanic Hazard Areas. 28.32.070 Performance Standards Minimum Requirements. This section describes the minimum performance standard requirements for Geologic Hazard Areas. (a) Basic Requirements. (1) Alteration of geologic hazard critical areas is permitted only if the development proposal can be designed so that the hazard to the project and any increase of hazard to adjacent property is eliminated or mitigated and the development 45 proposal on the site is certified as safe by a geotechnical engineer licensed in the State of Washington. (2) All proposals involving excavations and placement of fills shall be subject to structural review under Chapter 33, Site Work, Demolition and Construction, of the most current International Building Code. (3) Essential public facilities as defined by RCW 36.70A.200 shall not be sited within designated geologic hazard areas. (b) Erosion and Landslide Hazard Areas. Activities on sites containing landslide or erosion hazards shall also meet the following requirements: (1) Alterations of the buffer and/or geologic hazard area may only occur for activities meeting the following criteria: (a) No reasonable alternative exists; and (b) A geotechnical report is submitted and certifies that: i. The development will not significantly increase surface-water discharge or sedimentation to adjacent properties beyond pre- development conditions; ii. The development will not decrease slope stability on adjacent properties; and iii. That such alterations will not adversely impact other critical areas. (2) A temporary erosion and sedimentation control plan prepared in accordance with the requirements of the standard specification of the City of Pasco. (3) A drainage plan for the collection, transport,treatment, discharge and/or recycle of water in accordance with the standard specification of the City of Pasco. (4) Surface drainage shall not be directed across the face of a landslide hazard area (including riverine bluffs or ravines). If drainage must be discharged from the hazard area into adjacent waters, it shall be collected above the hazard and directed to the water by a tight line drain and provided with an energy dissipating device at the point of discharge. (5) All infiltration systems, such as stormwater detention and retention facilities, and curtain drains utilizing buried pipe or French drain, are prohibited in landslide hazard areas and their buffers unless a geotechnical report indicates such facilities or systems or the failure of the same will not affect slope stability and the systems are designed by a licensed civil engineer. (6) A minimum standard buffer width of thirty (30) feet shall be established from the top, toe, and all edges of landslide and erosion hazard areas. Existing native vegetation shall be maintained. The buffer may be reduced to a minimum of ten (10) feet when an applicant demonstrates the reduction will adequately protect the proposed development, adjacent developments and uses, and the subject critical area. The buffer may be increased by the City Planner for development adjacent 46 to a river bluff or ravine, or in other areas that circumstances may warrant, where it is determined a larger buffer is necessary to prevent risk of damage to proposed and existing development as in the case where the area potentially impacted by a landslide exceeds thirty(30)feet. (7) On-site sewage disposal systems, including drain fields, shall be PROHIBITED within landslide and erosion hazard areas and related buffers. (8) Development designs shall meet the following basic requirements unless it can be demonstrated that an alternative design provides greater long-term slope stability while meeting all other criteria of this Title. The requirement for long-term slope stability shall exclude designs that require periodic maintenance or other actions to maintain their level of function. The basic development design standards are: A. Structures and improvements shall be clustered to retain as much open space as possible and to preserve the natural topographic features of the site. B. Structures and improvements shall conform to the natural contour of the slope and foundations shall be tiered where possible to conform to existing topography. C. Structures and improvements shall be located to preserve the most critical portion of the site and its natural landforms and vegetation. D. The use of retaining walls that allow the maintenance of existing natural slope area is preferred over graded artificial slopes. E. All development shall be designed to minimize impervious lot coverage. (c) Flood Hazard Areas. Activities in flood hazard areas shall comply with the Flood Plain regulations, Title 24. (d) Seismic Hazard Areas. ;Activities on sites containing seismic hazards shall also meet the following requirements: (1) Mitigation is implemented which reduces the seismic risk to a level equivalent to that which the activity would experience if it were not located in a seismic hazard area. (2) Structural development proposals shall meet all applicable provisions of Chapter 16 of the most current addition of the International Building Code (Structural Forces/Structural Design Requirements). (3) No residential structures or Essential Public shall be located on a Holocene fault line as indicated by USGS investigative maps and studies. (e) Mine Hazard Areas. Activities on sites containing mine hazards shall also meet the following requirements: (1) Mitigation is implemented which reduces the risk from mine hazards to a level equivalent to that which the activity would experience if it were not located in a mine hazard area. (f) Volcanic Hazard Areas. No additional requirements. 47 Q 28.32.080 Long-Term Mitigation and Restoration Standards (a) The mitigation plan shall specifically address how the activity maintains or reduces the pre-existing level of risk to the site and adjacent properties on a long-term basis (equal to or exceeding the projected lifespan of the activity or occupation). Mitigation techniques providing long-term hazard reduction are those that do not require periodic maintenance or other actions to maintain their function. (b)Mitigation may be required to avoid any increase in risk above the pre-existing conditions following abandonment of the activity. (c) Any required restoration shall meet the long-term hazard reduction standards. In the case of restoration, long-term shall be defined as the equivalent of natural function. Section 3. This ordinance shall be in full force and effect five (5) days after passage and publication as required by law. PASSED by the City Council of the City of Pasco, at its regular meeting,this 16th day of March,2009. aLl Joyce on Mayo EST APPR AS TO FORM: :�Ydfl Z - lam — �Zw� Sandy a worthy Leland B. Kerr Deputy City Clerk City Attorney 48