HomeMy WebLinkAbout4525 Ordinance - Amending PMC Title 28 Critical AreasORDINANCE NO. 4525
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, AMENDING TITLE 28 OF THE PASCO MUNICIPAL CODE
"CRITICAL AREAS" CONSISTENT WITH THE PERIODIC REVIEW AND UPDATE
UNDER THE WASHINGTON STATE GROWTH MANAGEMENT ACT.
WHEREAS, the Growth Management Act, in RCW 36.70A.130, requires the City of Pasco to take
legislative action to review, and if needed, revise its Comprehensive Plan and development regulations to
ensure their continued compliance with the requirements of 36.70A; and
WHEREAS, the Pasco City Council adopted Resolution No. 3998 on October 5, 2020, adopting
Volume 1 and Volume 2 of the 2018-2038 Comprehensive Plan and Future Land Use Map; and
WHEREAS, the City of Pasco, during the process of its periodic review and update, has reviewed
its Critical Areas Ordinance for consistency with the Growth Management Act; and
WHEREAS, RCW 36.70A.172 requires cities and counties include the best available science
(sometimes referred to herein as "BAS") in developing policies and development regulations to protect the
functions and values of critical areas and to give special consideration to conservation or protection
measures necessary; and
WHEREAS, as result of the city review and comment from public agencies, citizens and
stakeholders, several areas were identified for updates to the existing critical areas regulations; and
WHEREAS, the Pasco Planning Commission conducted a public hearing on February 18, 2021,
and recommended the amendments be forwarded to the Pasco City Council for approval; and
WHEREAS, staff was notified on March 4, 2021 confirming our compliance with the Growth
Management Act's notification to state agency requirements in RCW 36.70A.106.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON,
DO ORDAIN AS FOLLOWS:
follows.
Section 1. That Title 28 Critical Areas, of the Pasco Municipal Code is amended and updated as
Chapter 28.04: Title — Citation - Purpose
28.04.010 Title
This title shall be known as the critical areas regulations of the City of Pasco, Washington.
28.04.020 Authorit- and Purpose of Title
This Title is adopted under the authority of Chapters 36.70 and 36.70A RCW and Article
11 of the Washington State Constitution.
Ordinance — PMC Title 28 Updates - 1
ItsT-he 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,
andwelfare of the community without violating any citizen's constitutional rights to the use
of property as r,�duiicu uy Title
,1-
28.04.030 Critical Areas
Critical areas defined in RCW 36.70A.030(6-1, ,
and of concern to the City of Pasco include:
(1) Wetlands;
(2) Fish and wildlife habitats;
(3) Aquifer recharge areas;
(4) Flood hazard areas; and
(5) Geologically hazardous areas such as those subject to landslide and steep
slopefailures, erosion, seismic events, mine collapse, and volcanic hazards.
WPM W-2MMM
aurrJr
28.04:0 928.04.040 Intent of Critical Area Regulation
The intent of this Title is to implement the provisions of the Gr-ewth Maaagomor*
Aet (GM AOTitle 36.70A RON and the Pasco Comprehensive Plan by managing
development in harmony with critical areas. This Title seeks to:
(1) Protect members of the public and public resources and facilities from injury,
lossof life, or property damage due to landslides and steep slope failures,
erosion, seismic events, volcanic eruptions, or flooding;
(2) Protect unique, fragile and valuable elements of the environment, including
fishand wildlife and their habitats;
(3) Mitigate unavoidable >ignificant impacts to critical
areas byregulating alterations in and adjacent to tcli ^areas;
Ordinance — PMC Title 28 Updates - 2
(4) Prevent cumulative adverse environmental impacts to water quality and
wetlands;
(6)jSZ Utilize "Best Available Science" le ifftended
to enstifediat best available seienee is iffeltidedin the development of local
policies andregulations for critical areas
The FAe a4se identifies ways to pfevide including special consideration for
preserving or enhancing anadromous fisheries, pursuant to RCW
36.70A.172 (1); and
(-7)L61 Coordinate environmental review and permitting of proposals to avoid
duplicationand delay of desirable actions.
r�•iM.v�� ire:.�1�:,.,:. •:��i+0i:��a:%ei��:�:�..n ,:
28.04. 28.04.050 Interpretation
In the interpretation and application of this Title, all provisions shall be:
(1) Considered the minimum necessary;
(2) Liberally construed to serve the purposes of this Title; and,
(3) Deemed neither to limit nor repeal any other powers under state statute.
28.04. 28.04.060 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 critical
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
doesnot 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 Chapte -RC-
43.21C RCW, Chapter 197-11 WAC. (State E,,.. efffnefit„' Pokey` and Title 23
' Tm„a^*' of the Qty-ef-Pasco Municipal Code.
Ordinance — PMC Title 28 Updates - 3
28.04. 28.04.070 Best Available Science Doeumenta
A listing of document sources used in the development of this Title is maintained
on filein the City's Community and Economic Development Department, Planning
Division.
Chapter 36.70A RCW requires jurisdictions to include the best available
science when designating and protecting critical areas; and the
implementation of conservation or protection measures necessary to preserve
or enhance anadromousfish and their habitat (Chapter 365-195 WAC).
Best available science, as defined in PMC 28.08.030, shall be used in
developing_ policies and development regulations to protect the functions and
values of critical areas. Critical area reports and decisions to alter critical areas
shall rely on the best available science to protect the functions and values of
critical areas.
(3) Critical Area Reports, mitigation plans, and decisions to permit the alteration
of critical areas shall rely on the best available science to ensure the protection
of theecological functions and values of critical areas, and must give special
consideration to conservation or protection measures necessary to preserve or
enhance anadromous fish and their habitat.
Best available science sources, at a minimum, have included the following:
La� Critical area maps;
Maps and reference documents in the City of Pasco's SMP Inventory,
Characterization, and Analysisport, as applicable;
(c) U.S. Geological Survey USGS) topographic quadrangleps;
Aerial photographs;
(e) Soil Survey of Franklin County, Washington, by the U.S. Department
ofAgriculture, Soil Conservation Service;
ff National Wetland Inventory maps; and
(g) WDFW Priority Habitats and Species maps.
Chapter 28.08 Definitions
28.08.010 Definition interpretation
Unless otherwise provided for in this title, all words and phrases shall be interpreted to
Ordinance — PMC Title 28 Updates - 4
have their customary meanings and usages.
28.08.020 A definitions
"Activity" means any development or land use action, or composite of such actions,
which falls under the jurisdiction of this title.
"Administrative official, administrator" means the City Planaef Director of
Community aii, vononucUevelopmem. who shall c responsible for administering
the provisions of this titled des�e.
"Alteration" means any human -induced activity that changes the existing condition of
acritical area. Alterations include, but are not limited to: grading; filling; dredging;
draining; channelizing; clearing or removing vegetation; applying herbicides,
pesticidesor 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 landforms, vegetation, hydrology, wildlife, or
wildlife habitat of a critical area. Alterations do not include walking, fishing, or any
other passive recreationor other similar activity.
"Anadromous fish" means species, such as salmon, which are born in fresh water,
spenda large part of their lives in the sea, and return to fresh water rivers and streams
to procreate.
"Applicant" means the person, party, firm, corporation, or other entity that proposes
anyactivity that could affect a critical area.
"Aquifer recharge area" means areas with a critical recharinc effect on potable water
resources.
28.08.030 B definitions
"Best available science (BAS)" means current and scientific information used in the
process to designate, protect, or restore critical areas that is derived from a valid
scientificprocess as defined by �rWAF 365-195 900 d.,.,,ugh 365 195
2-5. Sources ofbest available science are included in "Citations of Recommended
Sources of Best Available Science for Designating and Protecting Critical Areas"
published by the State wee—of— and Bsenofflie
Developffieft0epartment of Commerce.
"Best management practices (BMPs)" means 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.
"Buffer or buffer area" means a naturally vegetated and undisturbed or revegetated
Ordinance — PMC Title 28 Updates - 5
zonesurrounding 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.
28.08.040 C defmitions
"Compensatory mitigation" means the process or action of replacing project -induced
wetland_ id fish and wildlife habitat conservation areas losses or impacts, including
butnot limited to restoration, creation, and enhancement.
"Confined aquifer" means any aquifer bounded above and below by impermeable or
relatively impermeable layers.
"Conservation easement" means 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
ownershipand use, and the land trust sees that the restrictions are carried out. Land
trusts are local, regional or statewide nonprofit organizations directly involved in
protecting important land resources for public benefit.
"Critical area designation" means the legal identification and specification for
regulatorypurposes of critical areas.
"Critical area detailed study" means a thorough investigation of an activity and the
critical area(s) it may impact as required by this title.
"Critical areas" includes wetlands, geologically hazardous areas, fish and wildlife
habitat�o i ;,�_� ,„,,,,, areas, flood hazard areas and aquifer recharge areas as desig,eA
in this .
28.08.050 D defmitions
"Development” means 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
oris proposed by a public agency.
"Development proposal" means any of the activities relating to the use and/or
development of land requiring a permit or approval from the City of Pasco.
28.08.060 E defmitions
"Emergent wetland" means a wetland with at least 30 percent of the surface area
coveredby erect, rooted, herbaceous vegetation as the uppermost vegetative stratum.
"Endangered species" means a species that is in danger of extinction thrnuwhout all or
a significant portion of its range.
"Enhancement" means, for the purposes of critical areas regulations, an action that
Ordinance — PMC Title 28 Updates - 6
improves the functions or values of a sensitive area or buffer. Enhancement may or
maynot be mitigation.
"Environmentally sensitive area" means any area whose functions and values are
subjectto disruption by any regulated activity.
"Exemption" means release from the liability or requirement of a regulation as a result
ofineeting the specific identified criteria.
"Existing and ongoing agriculture" means 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
pondsor 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 nonagricultural area into agricultural use are
not part of an ongoing operation. An operation ceases to be ongoing when the area on
whichit is conducted is converted to a nonagricultural use or has lain idle for more than
five years.
"Exotic" means any species of plant(s) or animal(s) that is foreign to the planning area.
28.08.070 F definitions
"Facility" means any structure, contiguous land, appurtenances, and other
improvementson 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 ofor store hazardous substances.
"Favorable determination" means the determination by the Department of
Community and Economic Development that the activity will adequately mitigate its
impact upon the critical area(s) and comply with performance standards of this title and
is authorized.
"Final determination" means the determination by the Department of
Community and Economic Development 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 Department of Community and
Economic Developmeii 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.
"Function" means the natural processes performed by a critical area and its
components.
28.08.080 G definitions
Ordinance — PMC Title 28 Updates - 7
"Geologic hazard areas" means lands or areas characterized by geologic, hydrologic
andtopographic 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.
28.08.090 H definitions
"Habitat onservation areas of local importance" means a seasonal range or habitat
element with which a given species has a primary association, and which, if altered,
mayreduce 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.
"Hazardous substance(s)" means 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.
"Hazardous substance processing or handling" means 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 thanfive gallons in volume per container.
"Hazardous waste" means all dangerous waste and extremely hazardous waste as
designated pursuant to Chapter 70.105 RCW and Chapter 173-303 WAC.
(a) Dangerous Waste. "Dangerous waste" means any discarded, useless,unwanted,
or abandoned substances including, but not limited to, certainpesticides, 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 environmentbecause such wastes or constituents or
combinations of such wastes:
Have short-lived, toxic properties that may cause death, injury, or illnessor have
mutagenic, teratogenic, or carcinogenic properties; or
Are corrosive, explosive, flammable, or may generate pressure through
decomposition or other means.
(b) Extremely Hazardous Waste. "Extremely hazardous waste" means anywaste
which:
Will persist in a hazardous form for several years or more at a disposal siteand
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 makeup of humans or wildlife; and
Ordinance — PMC Title 28 Updates - 8
Is disposed of at a disposal site in such quantities as would present anextreme
hazard to humans or the environment.
"Hazardous waste treatment and storage facility" means a facility that treats and stores
hazardous waste and is authorized pursuant to Chapter 70.105 RCW and Chapter 173-
303 WAC; including all contiguous land and structures used for recycling, reusing,
reclaiming, transferring, storing, treating, or disposing of hazardous waste.
"Hydric soil" means 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.
"Hydrogeologic assessment" means a report detailing the subsurface conditions of a
site and which indicates the susceptibility and potential for contamination of
groundwater supplies.
28.08.100 I definitions
"In-kind" means an action to replace a critical area with a substitute critical area whose
characteristics closely approximate those destroyed or degraded by a regulated activity.
28.08.110 J definitions
28.08.120 K definitions
28.08.130 L definitions
"Lakeshore management plan" means the McNary Lakeshore Management Plan, Lake
Wallula, Oregon and Washington, prepared by the US Army Corp of Engineers,
intendedto manage and protect the shoreline and to promote recreation and to operate
and maintain water resource projects in the public interest.
"Landslide hazard areas" means areas that, due to a combination of slope inclination,
relative soil permeability and hydrologic factors, are susceptible to varying risks of
landsliding.
28.08.0140 M definitions
28.08.0150 N definitions
"Normal maintenance and repair" means 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
orpartial 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
Ordinance — PMC Title 28 Updates - 9
structure or development and the replacement structure or development is comparable
tothe 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.
"NRCS" means the Natural Resource Conservation Service of the United States
Department of Agriculture.
28.08.0160 O definitions
"Off site" means action away from the site on which the critical area has been or will
beimpacted by a regulated activity.
"On site" means action at or within 200 feet of the site on which the critical area has
beenor will be impacted by a regulated activity.
"Out -of -kind" means 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.
28.08.0170 P definitions
"Primary association" means 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.
Priority Habitat: a habitat type with a unique or significant value to one (1) or more
species as identified by Priority Habitats and Species (PHS) maintained by WDFW.
Priority Species: species requiring protective measures and/or mana Jest, Hent guidelines
toensure their persistence at genetically viable population levels. Priority species are
identified as such under Priority Habitats and Species (PHS) maintained by WDFW.
Priority species are those that meet any of the criteria listed in WAC 173-26-020(31).
Proposal. See "Development proposal."
28.08.0180 Q definitions
"Qualified consultant" means a person with expertise through training and/or
experiencein the area cited who is capable of performing the required services at a level
approximating the state of the practice.
"Qualified fish and wildlife biologist" means a person with expertise in habitat issues
with a degree in an appropriate field and experience as a biologist.
"Qualified hydrogeologist" means a professional who is a currently licensed
WashingtonState geologist holding; a current specialty license in hydrogeology.
Ordinance — PMC Title 28 Updates - 10
"Qualified wetlands biologist" means 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.
28.08.0190 R definitions
"Reasonable use or reasonable economic use" means a common-law principle that no
onehas 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.
"Reasonable use exception" means an exception to the specific standards identified in
this title granted to a property owner on the basis that a property owner should be
allowedthe reasonable use of his or her property.
"Remediation" means the cleanup and restoration of groundwater to some acceptable
level.
"Restoration" means, for the purposes of sensitive areas regulation, an action which
returns a sensitive area or buffer to a state in which its stability and functions approach
itsunaltered state as closely as possible.
"Riparian" means an adjective meaning alongside a waterbody: stream, river, lake,
pond, bay,sea, and ocean. Riparian areas are sometimes referred to by different names:
riparian ecosystems, riparian habitats, riparian corridors, or riparian zones.
"Riparian Management Zone (RMZ)" means a delineable area defined in a land use
regulation, often synonymous with riparian buffer. For the purposes of this document,
we define theRMZ as the area that has the potential to provide full riparian functions.
The RMZ is defined by the greater of the outermost point of the riparian vegetative
community or thepollution removal function.
28.08.0200 S definitions
"Seismic hazard areas" means 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.
"Sensitive species" means species that are losing habitat or the population is declining.
"Setbacks" means the required distances between every structure on a lot and the lot
linesof 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.
Ordinance — PMC Title 28 Updates - 11
"Site assessment" means 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.
"Slump" means the downward and outward movement of a mass of bedrock or regolith
along a distinct surface of failure.
"Surface water protectiva area" means an upland protective area identified as part of a
watershed control program under WAC 246-290-135 for water systems using surface
sources.
28.08.0210 T definitions
"Temporary erosion control" means on-site and off-site control measures that are
neededto control conveyance or deposition of earth, turbidity, or pollutants during
development,construction, or restoration.
"Threatened species" means a species, native to the State of Washington, that is likely
tobecome endangered in the foreseeable future throughout a significant portion of its
rangewithin the state without cooperative management or the removal of threats as
designatedby WAC 232-12-011.
28.08.0220 U definitions
"Unfavorable determination" means the determination by the City Planner Director of
'v and hC0110ITnC DeveiopmcnA � _p 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.
-Unpr-atee4ed--aqui€ ,; e that , either- , n fine nor- f.eteete b<,
28.08.0230 V definitions
"Values" means the desirable attributes associated with a critical area and its
componentsthat contribute to public health, safety, and welfare.
"Vulnerability" means the degree to which groundwater may become contaminated
depending on the local hydrologic characteristics and amounts of potential groundwater
contaminant present.
Ordinance — PMC Title 28 Updates - 12
28.08.0240 W definitions
"Wellhead protection area" means the portion of a well's, wellfield's, or spring's zone
ofcontribution within the ten-year time of travel boundary, or boundaries established
usingalternate criteria approved by the state Department of Health in those settings
where groundwater time of tmvel is not d0lme-Iti0n criteria.
"Wetland" means areas that are inundated or saturated by surface water or groundwater
ata 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 nonwetland sites by human actions, including but not limited
to irrigation and drainage ditches, grass -lined swales, canals, detention facilities,
wastewater treatmentfacilities, 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.
Wetland Categories.
(a) Category I. These wetlands are: (i) alkali wetlands; (ii) wetlands that are
identified by scientists of the Washington Natural Heritage Program/DNR
as high quality wetlands; (iii) bogs; (iv) mature and old-growth forested
wetlands over one-fourth acre with slow-growing trees; (v) forests with
stands of aspen; and (vi) wetlands that perform many functions very well.
(b) Category 1I. These wetlands are those that: (i) forested wetlands in the
floodplains of rivers; (ii) mature and old-growth forested wetlands over
one-fourth acre with fast-growing trees; (iii) vernal pools; and (iv)
wetlands that perform functions well. These wetlands are difficult, though
not impossible, to replace, and provide high levels of some functions.
(c) Category III. These wetlands are those that: (i) forested wetlands in the
floodplains of rivers; (ii) mature and old-growth forested wetlands over
one-fourth acre with fast-growing trees; (iii) vernal pools; and (iv)
wetlands that perform functions well. These wetlands are difficult, though
not impossible, to replace, and provide high levels of some functions.
(d) Category IV. These 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.
"Wetland community description" means a thorough description of the wetland and
anyresident plant and animal species.
Ordinance — PMC Title 28 Updates - 13
"Wetland creation" means 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.
"Wetland delineation" means the mapping of a wetland and establishment of its
boundaryor edge.
"Wetland enhancement" means 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 functionsand 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 nonnative orinvasive species, modifying site elevations or the proportion of
open water to influence hydroperiods, or some combination of these activities.
"Wetland functions" means those natural processes performed by wetlands, such as
facilitating food chain production; providing habitat for nesting, rearing, and resting
sites for aquatic, terrestrial, or avian species; maintaining the availability and quality of
water acting as recharge and discharge for groundwater aquifers; moderating surface
water and storm water flows; and other functions including, but not limited to, those
identified in 33CFR § 320.4(b)(2).
"Wetland protection/maintenance (preservation)" means 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
ina gain of wetland acres, may result in a gain in functions, and will be used only in
exceptional circumstances.
"Wetland restoration" means the manipulation of the physical, chemical, or biological
characteristics of a site with the goal of returning natural or historic functions to a
formeror degraded wetland. For the purpose of tracking net gains in wetland acres,
restoration isdivided into:
(a) Re-establishment. The manipulation of the physical, chemical, orbiological
characteristics of a site with the goal of returning natural or historic functions
to a former wetland. Re-establishment results in a gainin wetland acres (and
functions). Activities could include removing fill material, plugging ditches,
or breaking drain tiles.
Ordinance — PMC Title 28 Updates - 14
(b) 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 inwetland 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.
"Wetland values" means wetland values are estimates, usually subjective, of the
benefitsof wetlands to society, and include aesthetics, education, scientific research,
and recreation.
28.08.250 X definitions
28.08.260 Y definitions
28.08.270 Z definitions
Chapter 28.12 General Provisions
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:
(1) Building Permit;
(2) Conditional Use Permit;
(3) Shoreline Conditional Use Permit;
(4) Shoreline Substantial Development Permit;
(5) Shoreline Variance ;
(6) Binding Site Plan;
(7) Short Subdivision;
(8) Subdivision;
(9) Zoning Variance ;
(10) Rezone; or
(11) Any other adopted permit or required approval not expressly exempted by
Ordinance — PMC Title 28 Updates - 15
thisTitle
28.12.020 Jurisdiction
This Title shall apply to all lands, all land uses and development and all structures
and facilities in the City except as exempted under Section 28.12.030 of this Title.
This Titleshall 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
criticalareas 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
environmentallysensitive 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.
28.12.030 Exemptions
All exempted activities shall use reasonable methods supported by Best Available
Science or accepted BMPs 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, access ways 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 notgive permission to destroy a critical area or ignore risk from natural
hazards. Exempted activities within critical areas and their buffer, are listed below.
If the proposed activity meets any of the lexemptions listed below, including
any BMP and/or restoration requirements,
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 Department of Community and Economic
Development. The Department of Community and Economic Development will
review the exemption request to verify that it complies with this title and certify or
reiect 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.
(1) 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 withina period of time too short to allow compliance with
this Title. Restoration must be initiated within 1 year of the date of the
emergency and must be completed within6 months of the initiation date.
Ordinance — PMC Title 28 Updates - 16
(2) 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 anact of nature, they may be reconstructed or replaced within 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.
(3) Modification of any existing structure that does not alter the structure to
further intrude into a critical area or established buffer and titerei` no
increased riskto life and property. Modification includes construction of
tenant improvements, fences, decks, patios, driveways, signs, and accessory
structures.
(4) Operation and maintenance of any system of existing dikes, levees, ditches,
drains, or other facilities which were created, developed or utilized primarily
as apart of a drainage or diking system. Operation and maintenance does not
include the expansion or new construction of drainage ditches and related
facilities.
(5) 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; 76.09 ,
provided that no vegetation shall be removed from a critical area or its buffer
without approval from the City.
(6) Activities involving artificially created wetlands or streams intentionally
created from non -wetland sites, including, but not limited to, grass -lined
swales, irrigationand drainage ditches, detention facilities, and landscape
features, except those features that provide critical habitat for anadromous
fish and those features were created as mitigation for projects or
alterations subject to the provisions of this Title.
(7) 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.
(8) 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 watersources.
(9) Educational and scientific research.
(10) Construction or modification of boundary markers.
Ordinance — PMC Title 28 Updates - 17
(11) Site investigation work necessary for land use applications such as surveys,
soillogs, percolation tests and other related activities. In every case, disturbed
areasshall be immediately restored.
(12) 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 whichhas occurred prior to the effective date of this Title.
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 PMC 28.12.070 to one or more individual requirements of this chapter,
then a landownermay seek a reasonable use exception from the standards of this title.
Reasonable use exception requests shall follow the variance procedures of Chapter
2.50 PMC, and shall only be granted if all of the following criteria are met:
(1) The application of this title would deny all reasonable and economically
viable useof the property;
(2) There is no other reasonable and economically viable use with less impact on
thecritical area than that proposed;
(3) The proposed development does not pose an unreasonable threat to the public
health, safety or welfare on or off the development proposal site;
(4) Any alterations permitted to these critical areas shall be the minimum
necessary toallow for reasonable and economically viable use of the property;
(5) The proposal mitigates the impacts on the critical areas to the maximum
extentpossible, while still allowing reasonable use of the property;
(6) The inability of the applicant to derive reasonable use of the property is not
theresult of actions by the applicant in subdividing the property or adjusting
Ordinance — PMC Title 28 Updates - 18
a boundary line, thereby creating the undevelopable condition after the
effectivedate of this title; and
(7) 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 P ""^eer
Department of Community and Economic Developmem. The burden of proof shall
be on the applicant tobring forth evidence in support of the application and to provide
sufficient information onwhich any decision has to be made on the application.
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 approvals
(suchas a subdivision, rezone, planned unit development, or conditional use permit)
and construction permit approvals (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, that the subsequent permit requests comply with
all critical areas conditions contained in the initial land use approval and no
substantialchanges 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,
theapplicant shall submit a written request for the waiver including:
(1) Citation of the previous approval;
(2) Description of the proposed activity;
(3) Documentation of compliance with or plans for compliance with any critical
areaconditions imposed by the previous approval; and
(4) Identification of any changes in the nature or extent of the proposed activity
subsequent to the previous approval.
The City Plan fler Department of Community and Economic Development will
review the waiverrequest to verify that it complies with this title and certify or reject
the waiver.
Ordinance — PMC Title 28 Updates - 19
28.12.060 Vested Development and Pending Development Approvals
The provisions of this title shall not apply to any development permit review for
which acomplete application was filed prior to the effective date of this title subject
to the following:
(1) For pre-existing legal lots of record existing on the off eti e date of this +�+'
April 24, 202_ 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 toPMC 28.12.030, 28.12.040 and 28.12.050.
(2) For development permit requests for which a complete application was filed
priorto April 24, 2021 the offi e4ive date e fth s *, the provisions of this title
shall not apply to that permit or approval; provided, however, that if the
development proposal laterrequires 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 developmentapproval, then critical area review
pursuant to this title shall be required as part of the later building or
construction permit review, subject to PMC 28.12.030, 28.12.040 and
28.12.050.
(3) Existing development and land uses lawfully in existence on April 24, 2021
the off- etivedate of ths tit! are subject to the nonconforming 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
HearingExaminer in accordance with the procedures set forth in Chapter 2.50 PMC.
The HearingExaminer shall grant the variance only if the applicant demonstrates that
the requested variance conforms to all of the criteria set forth as follows:
(1) That special conditions and circumstances exist which are peculiar to the land,
thelot, or which are not applicable to other lands in the same district;
(2) That the special conditions and circumstances do not result from the actions
of theapplicant;
(3) 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
thistitle; and
(4) 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;
(5) That the granting of the variance is consistent with the general purpose and
Ordinance — PMC Title 28 Updates - 20
intentof this title and will not create significant adverse impacts to the
associated critical areas or otherwise be detrimental to the public welfare; and
(6) That the granting of the variance is consistent with the general purpose and
intentof the Pasco Comprehensive Plan.
(7) In granting any variance, the Hearing Examiner may prescribe such
conditionsand safeguards as are necessary to secure adequate protection of
critical areas from adverse impacts, and to ensure conformity with this title.
(8) If the Hearing Examiner decides to grant the variance, the Examiner shall
make afinding 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
possiblethe reasonable use of land, building, or structure.
(9) That the Hearing Examiner shall prescribe a time limit within which the
action forwhich 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 C-ity Plannef Department of
Community and Economic Development. 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 anydecision 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,
orbe adjacent to, or impact upon one or more critical areas tunc[10116
input from otb(wf' �-C III- .� its applicable,
unless otherwise provided in this Title. As part of this review, City Plannef
)eRarti, )mmunity and Fcoi Development shall verify the information
submitted by the applicant, and:
(1) Confirm the extent, nature, and type of any critical areas identified and
evaluateany required Critical Area Detailed Study;
(2) Determine whether the development proposal conforms to the purposes and
performance standards of this Title;
(3) Assess impacts on the critical area from the activities and uses proposed and
determine whether any proposed alterations to, or impacts upon, critical areas
arenecessary and unavoidable in order to meet the objectives of the proposal;
and
(4) Determine as applicable if any required mitigation plans proposed by the
Ordinance – PMC Title 28 Updates - 21
applicant are sufficient to protect the critical area and public health, safety,
and welfare concerns consistent with the goals, purposes, objectives, and
requirementsof this Title.
The applicant shall be responsible for the initiation, preparation, submission, and
expenseof all required assessments, studies, plans, reconnaissance, and other work in
support of the application. The applicant shall provide the City with 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 PMC 28.12.040, any project that cannot adequately
mitigate its impacts to critical areas or meet the performance standards required by
PMCChapters 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
theCritical Area Review process. At this meeting, the Gity Planfiff. Departirterit of
t.ummuiuty and Lconoinlcoc\ elopm�, 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.
• ..
lip
N
Nmn. -.W -.m
28.'�13028.12.120 Initial Determination
Ordinance — PMC Title 28 Updates - 22
If the Department of Community and Economic Development
determines4hat the site potentially includes, overlaysor is adjacent to critical areas,
or -t -rt the proposed project could have significant adverse impacts on critical areas,
the Dem. _ , of (- oinmunity and Lconomic 1)c� cicpinciishall notify the applicant
that a Critical Area Detailed Study is required for each of the indicated critical area
types.
If the review of the eheek4is permit application 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 Plafiiief
Department of Community and Economic Developmen shall rule that the Critical
Area Review is complete. The determination shall be noted on the ekeeklis
application.
Q The applicant shall acknowledge in writing that a determination regarding the
apparent absence of one or more critical areas by the Gity Planfief Department of
Community and Economic Development is not intended to be an expert certification
regardingthe presence of critical areas and the determination is subject to possible
reconsideration and reopening if new information is received. If the applicant wants
greater assurance of the accuracy of the Critical Area Review determination, the
applicant may hire a qualified consultant to provide such assurances.
28.'��028.12.130 Waivers from Critical Area Detailed Study Requirements
TheCitvPlanne Department of Community and Economic Developmen may waive
the requirementfor a Critical Area Detailed Study if there is substantial evidence that:
(1) There will be no alteration of team, critical areas or within any required
buffer;
(2) The development proposal will not impact the critical area in a manner
contrary tothe purpose, intent and or requirements of this Title; and
(3) The performance standards required by this Title will be met.
In making the determination, the Department of Community and Economic
Development will rely on applicable Best Available Science sources.
Notice of the findings substantiating the waiver will be attached to the permit and
filedwith the application records.
28.'028.12.140 Critical Area Detailed Studies
(1) Preliminary Reconnaissance. If a Critical Area Detailed Study is determined
to benecessary, then a data review and field reconnaissance shall be performed
by a qualified consultant for that type of critical area. If the Detailed Study
Ordinance — PMC Title 28 Updates - 23
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.
(2) Minimum Requirements. If the data review and field reconnaissance reveals
that acritical 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 Studyshall comply with the specific criteria in PMC Chapters 28.16
through 28.32, and clearly document:
(a) The boundary and extent of the critical area;
(b) The existing function, value, and/or hazard associated with the critical
area;
(c) The probable impact upon the function, value, and/or hazard
associatedwith the critical area from the project as proposed; and
(d) A mitigation plan including the items in Sections 28.12.180;
(e) The buffers and/or Riparian Management Zone associated with the
critical area
(f) Documentation of consultation with the agency of authority or
iurisdictionover the critical area in question.
(3) 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, thenthe Critical Area Detailed Study may be limited accordingly.
(4) 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 e
Department of Community and Economic Development prior to or during
preparation of the Coritical Aorea T)detailed c -tudy 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.
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
detailedstudy a final determination is to be rendered.
28:42.16828.12.150 Final Determination
Following submission of a completed Detailed Study, the City Plann Department
Ordinance — PMC Title 28 Updates - 24
of Community and Economic Development will review the detailed study and make
a determination, based on the critical area detailed study and any other available and
appropriate materials. The 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 may elect to request assistance from state
resource agency staff if necessary. In addition, the Gity Planner- Department of
Community and Economic Development willassess 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 .
(1) A Favorable Determination. A determination that the project proposal
adequatelymitigates 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.
(2) 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 PlapAief Department of
Community and Economic llevelopment shall prepare written notice of the
reasons for the finding of non- compliance. Such notice shall identify the
critical area impacted and the nature ofthe 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 thecritical area review, the Cit Plannff Department of Community
and Economic llevelopment may re -open the critical area review and make a new
determination based on this revised mitigation plan.
28.'428.12.160 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,
adjacentto, 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 2.50 of the Pasco Municipal Code PN4G.
3533 8028.12.170 Mitigation Standards for Wetlands, Fish and Wildlife
Habitat Conservation Areas and Geolop-ic Hazard Areas
(1) All proposed critical area alterations shall include mitigation sufficient to
Ordinance — PMC Title 28 Updates - 25
maintainthe 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 bel _ s
(a) Avoid the impact altogether by not taking a certain action or parts of
anaction.
(b) Minimize the impacts by limiting the degree or magnitude of the
actionand its implementation by using appropriate technology, or by
taking affirmative steps to avoid or reduce impacts.
(c) Rectify the impact by repairing, rehabilitating or restoring the affected
environment to the conditions existing at the time of the initiation of
theproject.
(d) Reduce or eliminate the impact over time through use of preservation
andmaintenance operations during the life of the action.
(e) Compensate for the impact by replacing, enhancing, or providing
substitute resources or environments.
(f) Monitoring the impact and taking corrective measures.
Documentation ot'consultation with the agency of authority
jurisdiction over the critical area in question.
(2) Possible mitigation techniques include, but are not limited to, buffers,
setbacks, limits on clearing and grading, creation of artificial wetlands
uu
.19,16- „npacts, streambank
stabilization, modified construction methods, and BMPs for erosion control
and maintenance of water quality.
All proposed mitigation shall be documented in a mitigation plan included as
anelement of the critical area detailed study. The mitigation plan shall include
adescription of the following:
(a) The mitigation, speeifieally, proposed;
(b) How the proposed mitigation will maintain the critical area function,
anyongoing monitoring and/or inspection that may be required to
ensure the adequacy of the proposed mitigation, and an evaluation of
the anticipatedeffectiveness of the proposed mitigation;
(c) Any remedial measures that may be required, depending on the
outcomeof that ongoing monitoring and/or inspection;
Ordinance — PMC Title 28 Updates - 26
(d) Any required critical expertise necessary to install, monitor or inspect
theproposed mitigation; and
(e) Any bonding or other security required to insure performance and/or
maintenance of the proposed mitigation.
'1 4449028.12.180 Buffers
(1) 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. aee i aide
��CLWHU uuiiii5.
(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 1a+m Department of Community
and Economic Development finds that, based on unique features of
the critical area or its buffer or of the proposedactivity, the required
buffers will not adequately protect the function of thecritical 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 afinal site inspection is completed.
(c) An eight -foot -minimum setback shall be required from the buffer area
for any construction of impervious surface area greater than 120
square 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
nativevegetation shall be required and completed 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.
Ordinance — PMC Title 28 Updates - 27
(2) 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 thecritical area.
(3) The critical area detailed study shall make adequate provision for long-term
buffer protection. Periodic inspection of the buffers may be required if
deemed toensure long-term buffer protection.
28.12.29928.12.190 Bonding
The Cit Plami Department of Community and Economic Development 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) ( i4er- e*affiple,
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 Attorney. The bond shall be in the amount of ane huadfed aii twenty
pereent ' of the estimated cost of the uncompleted actionsor 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.
928.12.200 Incentives
The following incentives are intended to minimize the burden to individual property
owners from application of the provisions of this chapter:
(1) 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
ina separate tract may apply for current use property tax assessment on that
separatetract through Franklin County, pursuant to RCW 84.34.
(2) Conservation Easement. Any person whose property contains an identified
criticalarea 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 describedin subsection (1) of this section. 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.
Ordinance — PMC Title 28 Updates - 28
28.12.22028.12.210 Critical Areas Map
The approximate location and extent of critical areas in the City of Pasco tnay include
LIIL
tee -Critical area shown on the critical areas map adopted as a part of the
Comprehensive Plan
(2,) Other mapping resources available to the City
(1) -t1YCVap-;1— rr—ol to be used only as guide to alert the user to
thepossible distribution, location, and extent of critical areas. r.. 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 this
Title.
Chapter 28.16 Wetlands
28.16.010 Purpose
The purpose of this chapter is to promote public health and welfare by instituting
localmeasures 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
notlimited 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 01)i 98-, 1 . Wetla; eatik
Manual, as amended and its regional applicable regional supplements, as amended
(TheArid West Final Regional Supplement was last updated in 2008 )W�
State
. All areas within
theCity 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, irreplaceability, and the functions and values
they provide. A general description of wetland categories and the rationale for each
Ordinance — PMC Title 28 Updates - 29
category is provided in the definitions seetion of this TitlePMC Chapter
lletinitions (see "Wetland Categories").
04" 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 —Ecology . .61ication #14-06-030 (October 2014),
amended. The most Ro��� .., .�� current copy of this -at document should
be used in classifying; wetlands and developing wetland mitigationplans ho
28.16.040 Wetland Indicators
The following indicators of wetland presence shall be used by the Gity Pla" e f
Department of Community and Economic Development to determine if a Wetland
Detailed Study is needed:
(1)
Listing in the City's Critical Areas Mapping resources as a wetland
resources listed in PMC 28.04.070;-er
(2)
Documentation, through references state or federal handbooks and or reports
byqualified experts;
(3)
A finding by a qualified wetland biologist that an appropriate hydrologic, soil,
and/or vegetation regime indicative of a wetland exists; or
(4)
A reasonable belief by the Department of Community and
Cconomic Development that a wetland may exist, supported by a site visit
and subsequentconsultation 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:
(1)
The Wetland Detailed Study shall be completed by a qualified wetlands
biologist.
(2)
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 ene4l) inch equals
hundred
(200) feet.
(3)
A wetland community description and wetland classification shall be
completed,consistent with the requirements of Section 28.16.020.
(4)
A written values and functions assessment shall be completed and address
Ordinance — PMC
Title 28 Updates - 30
site hydrology (source of water in the system, water quality, flood and stream
flow attenuation, seasonality of presence of water, if applicable), soils,
vegetation, fishand wildlife habitat, recreation, and aesthetics.
(5) The site plan for the proposed activity shall be mapped at the same scale as
thewetland map, showing the extent of the proposed activity in relationship
to thesurveyed wetland including a detailed narrative describing the project,
its relationship to the wetland and its potential impact on the wetland.
(6) The proposed mitigation plan shall follow the general mitigation plan
requirements described in PMC 28.12.180, ander address how the activity
hasbe^e'n mitigated to avoid and minimize adverse impacts to wetlands. The
Guid
Pr-epesa}sWetland <<' I)inf ton State — Part 2: Developing
N4itigation Plan-, Department of EcologyPublication � O 0 --011b. -
March 1994-20f (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 PMC 28.12.030, the following activities shall
not require a Wetland Detailed Study, provided they are conducted using accepted
BMPs asdetermined by the Gity Plannef Department of Community and Economic
Development:
(1) 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:
(1) The proposed alteration does not degrade the quantitative and qualitative
functionsof the wetland, or
(2) Any degradation can be adequately mitigated to protect the wetland function.
Any proposed alteration approved pursuant to this section shall include
mitigation necessary to 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
(1) Buffer Requirements. The following buffers shall be required for wetlands
basedon the rating of the wetland as outlined in Section 28.16.030. dnd land
Use III
Ordinance — PMC Title 28 Updates - 31
*See Table -2 in this seetion fer t"es of la*d uses that ean fesult n s f
and high impaets to
Any wetland created, restored, or enhanced as compensation for approved
wetland alterations shall also include the standard buffer required for the
categoryof the created, restored, or enhanced wetland.
Table 28.16.080(1): Wetland Buffer Width Requirements
Wetland Characteristics
hand and I Ir.. weth I .....
12RCI I Ise . of
hand I Is.. with WOO
T.�''r^^PC
w
q
f pp
/1�r�^tea
44
-P
tom^^a
�A�0
�
scoring 16 to 18 points or more for all functions)
44
100 fpC't
'I C�
298 feet
I
wee*
1Q�
2 SA#eet
*See Table -2 in this seetion fer t"es of la*d uses that ean fesult n s f
and high impaets to
Any wetland created, restored, or enhanced as compensation for approved
wetland alterations shall also include the standard buffer required for the
categoryof the created, restored, or enhanced wetland.
Table 28.16.080(1): Wetland Buffer Width Requirements
Wetland Characteristics
Buffer Width by Impact of
Other Measures
Recommended for Protection
Proposed Land Use
Category IV Wetlands (For wetlands scoring less than 16 points for all functions)
Score for all three basic functions is less
et fe
Moderate Low — 25 5 feet
feet
High — 50 feet
No recommendations at this
than 16 points
time
Category III Wetlands (For wetlands
scoring 16 to 18 points or more for all functions)
Moderate level of function for habitat
Low — 75 feet
Moderate —110 feet
No recommendations at this
(score for habitat 5 to 7 points)
*If wetland scores 8 to 9 habitat points,
time
High —150 feet
use Category II buffers
Score habitat for 3 to 5 points
Low — 40 feet
Moderate — 60 feet
High — 80 feet
No recommendations at this
time
Category II Wetlands (For wetlands scoring 19 to 21 points or more for all functions or having the "Special
Characteristics" identified in the rating system)
High level of function for habitat (score
et
Moderate — Low —100 feet
feet
High — 200 feet
Maintain connections to other
for habitat 8 to 9 points)
habitat conservation areas
Moderate level of function for habitat
Low — 75 feet
Moderate —110 feet
No recommendations at this
(score for habitat 5 to 7 points)
time
High —150 feet
High level of function for water quality
Low — 50 feet
Moderate — 75 feet
High —100 feet
No additional surface
improvement and low for habitat (score
for water quality 8 to 9 points; habitat
discharges of untreated runoff
less than 5 points)
Ordinance — PMC Title 28 Updates - 32
Riparian forest
Buffer width to be based on
Riparian forest wetlands need
to be protected at a watershed
or subbasin scale
Other protection based on
score for habitat functions or
water quality functions
needs to protect habitat and
water quality functions
Not meeting above characteristic
Low — 50 feet
Moderate — 75 feet
High —100 feet
No recommendations at this
time
Vernal pool
Low —100 feet
Moderate —150 feet
No intensive grazing or tilling
High — 200 feet
Or develop a regional plan to
protect the most important
vernal pool complexes; buffers
of wetland
of vernal pools outside
protection zones can then be
reduced to:
Low — 40 feet
Moderate — 60 feet
High — 80 feet
Category I Wetlands (For wetlands scoring 22 points or more for all functions or having the "Special
Characteristics" identified in the rating system)
Wetlands of High Conservation Value
Low —125 feet
Moderate —190 feet
No additional surface
discharges to wetland or its
tributaries
No septic systems within 300
High — 250 feet
feet of wetland
Restore degraded parts of
buffer
-sigh level of function for habitat (score
Low —100 feet
Moderate —150 feet
Restore degraded parts of
buffer
Maintain connections to other
for habitat 8 to 9 points)
High — 200 feet
habitat conservation areas
Moderate level of function for habitat
Low — 75 feet
Moderate —110 feet
No recommendations at this
(score for habitat 5 to 7 points)
time
High —150 feet
High level of function for water quality
Low — 50 feet
Moderate — 75 feet
High —100 feet
No additional surface
improvement (8 to 9 points) and low for
discharges of untreated runoff
habitat (less than 5 points) _
Not meeting above characteristics
Low — 50 feet
Moderate — 75 feet
High —100 feet
No recommendations at this
time
N()te'
Ordinance — PMC Title 28 Updates - 33
See Table 28.16.080(2) in this section, or as amended by 1 cology, for types of land uses that can result in low,
moderate, and high impacts to wetlands.
The Land Use Intensity table describes the types of proposed land use that
canresult in high, moderate, and low levels of impacts to adjacent wetlands.
(4)(' Measuring Buffer Dimensions. Wetland buffers shall be measured
horizontally ina landward direction from the delineated wetland edge.
(5)(1 Wetlands Adjacent to Slopes. Where lands adjacent to a wetland display a
continuous slope of 25% or greater, the buffer shall
includesuch 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 twee- e{25 feet beyond the top of the bank of the sloping area.
Ordinance — PMC Title 28 Updates - 34
Table 28.16.080(2): Land Use Intensity Table
Level of Impact fromProposed
Change in
Land Use
Types of Land Use Based on Common
Zoning Designations
•
Commercial
•
Urban
•
Industrial
•
Institutional
•
Retail sales
High
•
.
Residential (more than one unit/acre)
Conversion to high-intensity agriculture (dairies, nurseries,
greenhouses, growingand harvesting crops requiring annual
tilling and raising and maintaining animals,etc.)
•
High-intensity recreation (e.g., golf courses and ball fields)
•
4ebby4afms-Small lotagricui.,..
term commercialsignificance
•
Residential (1 unit/acre or less)
•
Moderate -intensity open space (e.g., parks with Yipervioijs
surface for biking andjogging)
Moderate
•
Paved driveways and gravel driveways serving three or more
residences
Paved trails Buil *Rg ef'^
•
Utility corridor or right-of-way shared by several utilities and
including
access/maintenance road
•
Forestry (cutting of trees only) with a f8Festn, nr..,.tiees
rm0+ Br any ethefcontrolled cutting under appropriate
•
Low -intensity open space (e.g., hiking, bird -watching, and
Low
n
preservation of naturalresources)
n a g e FA e n
•
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
actionsof the pplicant er '�. The following standards shall apply:
Ordinance — PMC Title 28 Updates - 35
(1) The mitigation shall be conducted on property that shall be protected and
managedto avoid further loss or degradation. The applicant of shall
provide for long-term preservation of the mitigation area.
(2) Mitigation ratios shall be consistent with the following entitled Washington
StateDepartment of Ecology manual; Wetland Mitigation in Washington
State, Part l 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 #06-06-011b, March
2006). See I"able28.16.120(3), Wetland Mitigation Ratios (for Eastern
Nashin on).
(3) Mitigation shall follow an approved mitigation plan and reflect the
restoration/creation ratios specified above.
(4) 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 years from the date of plant installation.
Monitoring will continue for years where woody vegetation (forested or
shrub wetlands) is the intended result. These communities take at least eigm
years after planting to reach eighty pereent canopy closure. Reporting for
aerryear monitoring period shall occur in years one, twe, 3�ee, €
Seven 0-1 Monitoring in all instances shall be bonded.
Reporting results of the monitoring data to the City is the responsibility of the
applicant.
(5) Mitigation shall be completed prior to or concurrently with, wetland loss or,
inthe case of an enforcement action, prior to continuation of the activity by
the applicant -mer.
(6) On-site mitigation )riritection of ecological function_ is generally preferred
over off-site mitigation.
(7) 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 beconducted in accordance with the restoration/creation ratios
dere -ibex as deser-ibed ; tibse .tio (2) in this see ,,, above and in Table
29.01.520-44-34--2 1 '0(3), Wetland Mitigation Ratios (for Eastern
Off-site mitigation shall occur within the same drainage basin as the
wetland loss occurs, provided that Category N wetlands may be replaced outside of
the watershed if there is no reasonable alternative. Off-site mitigation may be
permitted where:
(a) On-site mitigation is not feasible due to hydrology, soils, or other
factors.
(b) On-site mitigation is not practical due to probable adverse impacts
fromsurrounding land uses or would conflict with a federal, state or
Ordinance — PMC Title 28 Updates - 36
local public safety directive.
(c) Potential functional values at the site of the proposed restoration are
greater than the lost wetland functional values.
(8) 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 ofinitigation and those most likely to succeed with the highest
functional value possible.
(9) Out -of -kind mitigation can be allowed when out -of -kind replacement will
bestmeet the provisions of this section.
(10) Except in the case of cooperative mitigation projects in selecting mitigation
sites, applicants shall pursue locations in the following order of preference:
(a) Filled, drained, or cleared sites that were formerly wetlands and where
appropriate hydrology exists.
(b) Upland sites, adjacent to wetlands, if the upland is significantly
disturbedand does not contain a mature forested or shrub community
of native species, and where the appropriate natural hydrology exists.
(11) Where out -of -kind replacement is accepted, greater restoration/creation ratios
may be required.
(12) Construction of mitigation projects shall be timed to reduce impacts to
existing wildlife and plants. Construction shall be timed to
grading andsoil movement occurs during the dry season, and planting of
vegetation shall bespecifically timed to the needs of target species.
28.16.100 Innovative Mitigation
(1) One or more applicants, or an organization may undertake a mitigation project
together if it is demonstrated that all of the following circumstances exist:
(i) Creation of one or several larger wetlands may be preferable
tomany small wetlands;
(ii) The group demonstrates the organizational and fiscal
capability toact cooperatively;
(iii) The group demonstrates that long term management of the
mitigation area will be provided; and
(iv) There is a clear potential for success of the proposed
mitigation atthe identified mitigation site.
Ordinance — PMC Title 28 Updates - 37
(2) 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 -year
monitoringagreement 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.
(3) 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 No. 06-06-011a, March 2006) and Wetland
Mitigation in Washington State, Part 2:Developing Mitigation Plans (Version
1, Publication No. 06-06-011b, March 2006).
(a) Credits from a wetland mitigation bank may be approved for use as
compensation for unavoidable impacts to wetlands when:
(i) The bank is certified under Chapt WAC 173-700 WAG;
(ii) The City Planner Department of Community and Economic
Development determines the wetland mitigation bank
provides appropriatecompensation for the authorized impacts;
and
(iii) The proposed use of credits is consistent with the terms and
conditions of the bank's certification.
(b) Replacement ratios for projects using bank credits shall be consistent
withreplacement ratios specified in the bank's certification.
(c) Credits from a certified wetland mitigation bank may be used to
compensate for impacts located within the service area specified in
thebank'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
followingconditions:
(1) The enhancement or restoration project shall not be associated with a
developmentactivity.
(2) A restoration plan shall be prepared and approved as described in Section
28.16.120.
Ordinance — PMC Title 28 Updates - 38
28.16.120 Restoration
(1) 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 bemodified:
(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
qualityand wildlife habitat functions.
(e) Required replacement ratios are shown in the Re-establishment or
Creation column of Table I able 28.16.120(3), Wetland Mitigation
Ratios(for Eastern Washington).
�^ Wet -1 -2nd Ares.. Cr-Pawd.Watl2nd Area 1
C ..
..►
ategeFy 1 A-4Gateg8FY 11 eF44 2-4GategeFy IV 1.254
(2) A restoration plan shall be prepared and approved prior to commencement of
restoration work. Such a plan shall be prepared by a qualified wetland
biologistand describe how the proposed actions meet the minimum
requirements described in above. The
Planner Department of Community and Economic Development shall, at the
applicant's of expense, seek expert advice in determining the adequacy of the
Restoration ` Ian. Inadequate plans shall be returned to the a -Applicant
�Afiele for revision and resubmittal.
Wetland mitigation ratios are provided in the Table Table 28.16.120(3).
Ordinance — PMC Title 28 Updates - 39
Table 28.16.120 (3). Wetland Mitigation Ratios (for Eastern Washington)
Category and
Re-
establishment
Rehabilitation
Re-
establishment or
Re -
establishment or
Enhancement
Type of
Wetland
Impacts
Creation and
Creation and
or Creation
Only'
Rehabilitation'
Enhancement'
Only'
All Category IV
1.5:1
3_1
1:1 R/C and 1:1
1:1 R/C and 2:1 E
6:1
RH
All Category III
2_1
4_1
1:1 R/C and 2:1
1:1 R/C and 4:1 E
8:1
RH
All other
Category II
3_1
6_1
1:1 R/C and 4:1
1:1 R/C and 8:1 E
12:1
RH
Category I
based on score
4:1
8:1
1:1 R/C and 6:1
1:1 R/C and 12:1
16:1
RH
E
for functions
Category I
Natural
Heritage site
Not considered
6:1
Rehabilitation
R/C not
considered
possible2
R/C not
considered
possiblez
Case-by-case
possible z
of a Natural
Heritage site
Notes:
1. These ratios are based on the assumption that the rehabilitation or enhancement actions_implemented
represent the average degree of improvement possible for the site. Proposals to implement more effective
rehabilitation or enhancement actions may result in a lower ratio, while less effective actions may result in a
higher ratio. The distinction between rehabilitation and enhancement is not clear-cut. Instead, rehabilitation
andenhancement actions span a continuum. Proposals that fall within the gray area between rehabilitation
and enhancement will result in a ratio that lies between the ratios for rehabilitation and the ratios for
enhancement.
2. Natural Heritage sites alkali wetland and bogs are considered irreplaceable wetlands because they
perform some functions that cannot be replaced through compensatory mitigation. Impacts to such wetlands
would therefore result in a net loss of some functions no matter what kind of compensation is proposed.
Reference:
Washington State Department of Ecologv, U.S. Armv Corps of Engineers Seattle District, and U.S
Environmental Protection Agency Region 10 March 2006. Wetland Mitigation in Washington State — Part 1:
Agencv Policies andGuidance (Version 1). Washington State Department of Ecologv Publication #06-06-011a.
Olympia, Washington.
E = Enhancement
R/C = Re-establishment or CreationRH = Rehabilitation
Ordinance — PMC Title 28 Updates - 40
Chapter 28.20 Fish and Wildlife Habitat Conservation Areas
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
preservedand protected, in order to avoid habitat fragmentation. These regulations
seek to protectcritical 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 Conservation Area Designation and
ClassificationCriteria
(1) Fish and Wildlife Habitat Conservatioi Areas shall include the following:
Table 28.20.020(11: Criteria for Classification of Fish and Wildlife Habitat
Conservation Areas
Habitat Area Characteristic/Classification
Source
(1) Areas with which state or federally designated endangered,
WDFW, USFV, (NOAA)
threatened, and sensitive species have a primary association
(2) Naturally occurring under 20 acres in size and their submerged
s9€Ecoloy
aquaticbeds that provide fish or wildlife habitat
(3) Waters of the state classified as fish and wildlife habitats under
the Growth Management Act, RCW 36.70A, and WAC 365-190-
DNR, s9€Ecoio#;y. $F&Ia WDFW,
080(5)(c)(v)
affected Indian tribes
• Columbia River
• Snake River
(4) State Natural Area Preserves and Natural Resource
WDNR
ConservationAreas; 4++i,
(5) Habitat areas of local importance as determined
DF& ;-WDFW
byresolution of the City Council.
(2)
lista l
development fevi
- habitat
. i .,11 eases, the ,,,.t,,.,l ,, o 0 0or- abseneta of
shall detefmine hew this Title segion applies.
(-3-)Q 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
T44esection.
Ordinance — PMC Title 28 Updates - 41
information sources for identification of fish and wildlife habitat conservationareas
include, but are not limited to:
La� WDFW PriorityHabitat and Species -maps.
() Wetlands mapped under the National Wetland Inventory the U.S.
Department of Interior; USFWS.
(c) WDFW/WDNR, Washington Rivers Inventory System maps.
Maps and reference documents in the City of Pasco SMP Inventory,
Analysis, and Characterization Report, as applicable.
28.20.030 Fish and Wildlife Habitat Conservation Area Rating
Fish and Wildlife Habitat onservation Areas shall be rated as Primary or Secondary
according to the criteria in this section.
Table 28.20.030: Classification by Fish and Wildlife Areas
Habitat Area
Classification
Source
Primary habitats are those areas that are valuable to fish and wildlife and 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
DF&W\AiDFW, USMWWS
Primary Habitats
federal government or State of Washington as
(NOAA)
endangered, threatened, or sensitive.
(2) Those rivers identified as "Shorelines of the State"
under the City of Pasco Shoreline Master Program,
QQE-k oloa
and streams within the shoreline jurisdiction.
(3) Those wetlands identified as Category I Wetlands,
^^+'^^ 28.04. pMC
as defined in this title.
0}78 16.030
Secondary habitats are those which are valuable to wildlife and support a wide variety of
species due to: an undisturbed nature, diversity of plant species, structure, presence of
Secondary Habitat
water, or size, location or seasonal importance but do not meet any of the qualifying
criteria listed in items 1 through 3 in the Primary Habitats above.
Ordinance — PMC Title 28 Updates - 42
28.20.040 Determination of Need for Fish and Wildlife Habitat Area Detailed Study
(1) A Detailed Study shall be required for any activity that is within 200 feet of a
Fish and Wildlife Habitat Area.
(2) Due to the sensitive nature of certain species, the applicant shall notify the
City ifthe proposed activity will occur within 660 feet (1/8 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.
(3) The City Plaftne. Department of Community and Economic Development
shall require allay statr- Detailed Study of a habitat area if the following
indicators arepresent:
(a) The area is listed in the City's Critical Areas Map as a Fish and
WildlifeHabitat Area;
(b) 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;
(c) A qualified fish and wildlife biologist finds that habitat conditions
appropriate to meet one or more of the classification criteria listed
abovein 28.20.030 exist; or
(d) The City Plannff Department of Community and Economic
r -;--lopment possesses areasonable 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.
(1) The Detailed Study shall be completed by a qualified Fish and Wildlife
biologistwith expertise in assessing the relevant species and habitats. Evidence
of qualifications shall be provided with the Detailed Study.
(2) 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 hupAroa 4200 feet of the subject property. The applicant
may prepare the siteplan; however it is subject to review by the qualified fish
and wildlife biologist. The extent and boundaries of the habitat shall be
Ordinance — PMC Title 28 Updates - 43
determined by the qualified fish and wildlife biologist.
(3) A habitat description _ lall be included. including a habitat rating as described
in Section 28.20.030, and a statement of functions and values providing
informationon the species in question and the associated plant and animal
communities. A complete list of species and special habitat features shall be
included.
(4) A regulatory analysis liall be included, including a discussion of any federal,
state, tribal, and/or local requirements or special management
recommendationsdeveloped specifically for species and/or habitats located
on the site.
(5) 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.
(6) A statement of management and maintenance practices shall be included,
including a discussion of ongoing maintenance practices that will 'nsure
protection of all fish and wildlife habitat conservation areas on-site
after the project has been completed.
(7) Habitat and Buffer Recommendation.
For riUarian buffers, see Shoreline Master Program, PMC Title 29.
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 Fishand Wildlife Priority Habitat and Species
(PHS) management recommendations.
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,
anyrecommended protective measures shall be consistent with
the Washington Department of Fish and Wildlife PHS
management recommendations; and
(ii) For naturally occurring ponds under twenty (20) acres,
protective provisions that are consistent with the wetland
performance
Ordinance — PMC Title 28 Updates - 44
(8) Habitats and species that have been identified as Priority Species or Priority
Habitats by the WDFW Priority Habitats and Species Program should not be
reduced and shall be preserved through regulation, acquisition, incentives,
andother techniques.
28.20.060 Performance Standards Minimum Requirements
(+) This section describes the minimum performance standard requirements for habitat
areas_, inehiding edandhabihabitats, affadr-emetis _ al ids,
speeifie orfs f r bBald eEagle habit,,
Ordinance — PMC Title 28 Updates - 45
Bald Eagle Habitat
Bald eagle habitat shall be protected pursuant to the Washington State Bald Eagle
Protection Rules (WAC 220-610-100 22''x2 42 moi). A Habitat Management Plan
shall be developed bythe applicant in coordination with theDepartment of Fish
and Wildlife service (USFWS) whenever activities that alter habitat are proposed
near a verified nest territory or communal roost.
Wetland Habitat
All habitat sites containing wetlands shall conform to the Nvetland developinent
performance stan, in and shall conform to the wetland mitigation and
restoration provisions set forth in PMC 28.16.080 through 28.16.120.
(3) Allowed uses in Fish and Wildlife Habitat Conservation Areas:
(a) Roads, bridges, and utilities. Road, bridge, and utility maintenance, repair,
and construction may be permitted across a Fish and Wildlife Habitat
Conservation Area and/or buffers under the following conditions:
It is demonstrated to the City that there are no alternative routes
that can be reasonably used to achieve the proposed development;
ii The activity will have minimum adverse impact to the Fish and
Wildlife Habitat Conservation Area;
Ciiij The activity will not significantly degrade surface or groundwater;
and
iv The intrusion into the Fish and Wildlife Habitat Conservation Area
and its buffers is mitigated to maintain ecological functions.
Limited park or recreational access to a Fish and Wildlife Habitat Area,
provided that all of the following are satisfied:
The access is part of a public park or a recreational resort
development that is dependent on the access for its location and
recreational function;
Ordinance — PMC Title 28 Updates - 46
ii The access is limited to the minimum necessary to accomplish the
recreational function; and
iii The intrusion is mitigated.
(c) Low -impact uses and activities that are consistent with the purpose and
function of the Fish and Wildlife Habitat Area and do not detract from its
integrity. Examples of low -impact uses and activities include removal of
noxious vegetation and stormwater management facilities such as grass -
lined swales.
(4) Additional Protection Measures:
a. Temoorary and permanent erosion and sedimentation controls shall bevrovided
to prevent the introduction of sediments or pollutants to waterbodies or
watercourses within the habitat area.
b. Clearing and grading shall be limited to that necessary for establishmentof the
use or development and shall be conducted to avoid significant adverse impacts
and minimize the alteration of the volume, rate, or temperature of freshwater
flows to or within the habitat area and any buffer required by this section.
c. The proposed development shall not discharge hazardous substances to the
habitat area that would have significant adverse impacts on that area.
d. Stream flows shall be protected from changes to the normal flow, temperature,
turbidity, and discharge to the maximum extent practicable.
e. Septic drainfields and any required replacement drainfield area shall be atleast
100 feet from the edge of anyquatic habitat area.
f. Exceptions to the above protection standards may be allowed by the
Department of Community and Economic Development based on a special
report prepared by a Qualified Biological Professional that demonstrates that
such exception would not adversely impact the habitatsystem, functions, and
values of the habitat area.
g. Stream Crossings. —Stream crossings shall be minimized, but when necessary,
they shall conform to the applicable provisions of SMP, CAOand other laws
(see WDFW or Ecologyl.
h. Stormwater conveyance facilities. Stormwater conveyance facilities may be
permitted, provided that they are only located in the buffer when no practicable
alternative exists outside the buffer. Stormwater facilities shallbe planted with
native plantings where feasible to provide habitat, and/or less intrusive facilities
should be used.
i. Floodwav-dependent Structures. Floodwav-dependent structures or
Ordinance — PMC Title 28 Updates - 47
installations may be permitted within streams or their buffers if allowed or
qp]2roved by other ordinances or other agencies with jurisdiction. See PMCTitle
24 Floodplain, for more information on allowed uses and activities within flood
hazard areas.
j. Trails. The criteria for alignment, construction, and maintenance of trailswithin
wetlands and their buffers may not exceed 10 feet in width and may be
constructed with impermeable surface materials if on-site infiltration is utilized.
k. Native vegetation landscaping schemes shall be provided that do not require
application of herbicides, pesticides, or fertilizer to maintain robustgrowth.
1. No net- effective impervious surfaces may be created in the outer bufferarea beyond
what is otherwise permitted.
Chapter 28.24 Aquifer Recharge Areas
28.24.010 Purpose
The purpose and intent of this section is to safeguard groundwater resources from
hazar-dous stibstanee and h,,zar-deus waste poll t; ,,, unatio, by eentfelling of
land uses or activities.
28.24.020 Aquifer Recharge Area Designation Criteria
iy
shall be elassified s f llewif+g Based on the City's
wellhead protection areas identified pursuant to WAC -246- 290, surface water
protection areas established for drinking water supplies on the Columbia River,
and extensive high infiltration soils underlying a large portion of the Cites
UGA per National Resource Conservation Service (NRCS) soil classifications
for Franklin County, the entire City limitsand UGA is designated as an Aquifer
Recharge
e
MTS
Ordinance — PMC Title 28 Updates - 48
(3) AFeas a e.l..:.,... Mtee+ed a .:feFS C..eh eem.,a .:feFS <hRII he
��
:de+:f:any ..ed +h.eugh exist ng h'.dFe..vele�,:e stud..
..
WA
&NA
• Cleves le-.- than f:ftee.. ve+ (15%), and
1111 111E
1(ne,....: able lweFS i
(2)
aquifer- designation e soil elass feat e,-, a fito,: ,
+ree+e,l . if it is 1.,ea4e.7 within the mapped
High VwlneFaWky
ped .,
sueh, x7...,11 b -e
All -a=cic8-within rthe ..,ty .,f P..see ...e..«nb t.....,e
....t..f.:,
.gib.'........,.,
..f .he
1.,f•eL,�
pr -e e e ,.ek of fefm l i entif;e.,tie„ as so
r:tiea afeas ,i a tkjee+ +e the pr-evisiens of this
&,
Ti
hereby
designated .
RIM
28.24.030 General Regulations
() Hazardous uses shall be regulated for protection of the aquifer recharge areas.
An Aquifer Recharge Area Detailed Study shall be required according to PMC
28.24.050(2) and 28.24.060.
(31 State and federal regulations applicable to specific uses including but not
Ordinance — PMC Title 28 Updates - 49
High VwlneFaWky
Ll:eh SigRifiGanee -. .:feF Feehe...e
:f+ve..., e+ 11
+h-af..9aFse
-Saed and e el
-...:+h
5%) . ede.-1-.:.,
h..'e
;'apes o f
all....:..e..,
..
nnedeFate .,:f:eanee -
!11 Areas ...:+h slepes of less
by f:..eall....:..w. sk
i and
.:fe.. ehaFge
than f:#ve.,
el-.., elae:el
p e..+
+:II er depesits
(15%)
free; the
nnedere+e ..:f:eanee -
/11 Areas ...:+h sleves of f:#een
(3Q- )...,derl-.:r, h.«Silt,
.:fer reehaFge
p
elay a ..Iae:al
.,+ (15%) +e
+: Ij and
+h:r+., r. e+
28.24.030 General Regulations
() Hazardous uses shall be regulated for protection of the aquifer recharge areas.
An Aquifer Recharge Area Detailed Study shall be required according to PMC
28.24.050(2) and 28.24.060.
(31 State and federal regulations applicable to specific uses including but not
Ordinance — PMC Title 28 Updates - 49
limited tothose provided in Sections 28.24.080.
28.24.040 Determination of Need for Aquifer Recharge Detailed Study
(1) The following information resources shall be utilized along with other
documentation where noted:
(a) Studies from the .,'nited States Geelo,,iea Sw-,xeyUSGS.
(b) City of Pasco Wastewater Facility Plan
(c) City of Pasco Water System Plan.
(d) City of Pasco Wellhead Protection Plan.
(Ofr Soil Survey for Franklin County (Conservation District)
(2) 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
Areaif the activity involves one or more of the following uses:
(a) Hazardous substance processing or handling;
(b) Hazardous waste treatment and storage facility;
(c) Disposal of on-site sewage for subdivisions, short plats, and
commercialand industrial sites; or
(d) Landfills.
28.24.050 Aquifer Recharge Area Detailed Study
When required as described in PMC 28.24.040, an Aquifer Recharge Area Detailed
Study shall meet the following requirements:
(1) The Detailed Study shall be prepared by aqualifiedhydrogeologist
. 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
e-, en if it extends heyond the development site boundary_. 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;
Ordinance — PMC Title 28 Updates - 50
(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 eiio thousand -(1,000) feet of
thesite;
(h) Currently available data on springs within ene t,,,,,,san (1,000) feet
of thesite;
(i) Surface water location and recharge potential;
0) Water source supply to the activity (e.g., high capacity well);
(k) Any sampling schedules necessary;
(1) Discussion of the effects of the proposed project on the groundwater
resource; and
(m) Other information as may be required by the City.
(4) The Detailed Study shall include a plan detailing how €lie-aey
risk of contamination to
the aquifer vill be controlled.
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
beexempt 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 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 -mat the proposed
activitywill 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 theaquifer recharge area.
Ordinance — PMC Title 28 Updates - 51
28.24.080 Performance Standards 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 (WAG Chapter 173-360 ).
(1) Underground Tanks. All new underground storage facilities used or to be used
forthe underground storage of hazardous substances or hazardous wastes shall
be designed and constructed so as to:
(a) Prevent releases due to corrosion or structural failure for the
operationallife of the tank;
(b) 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,
(c) Use material in the construction or lining of the tank is
compatible with the substance to be stored.
(2) Aboveground Tanks
(a) No new aboveground storage facility or part thereof shall be
fabricated, constructed, installed, used or maintained in any manner
which may allowthe release of a hazardous substance to the soil,
groundwater, or surface waters within an Aquifer Recharge Area.
(b) 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 partthereof.
(c) 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.
28.24.090 Performance Standards Other Uses
Vehicle Repair and Servicing. Vehicle repair and servicing must be conducted
over impermeable pads and within a covered structure capable of withstanding
normally expected weather conditions. Chemicals used in the process of
vehiclerepair and servicing must be stored in a manner that protects them from
weatherand provides containment should leaks occur.
(2,) Spreading or Injection of Reclaimed Water. Water reuse projects for reclaimed
water must be in accordance with the adopted water or sewer comprehensive
Ordinance — PMC Title 28 Updates - 52
plans that have been approved by the departments of Ecology and
Health.(a,)Surface spreading must meet the ground water recharge criteria
given in Chapter 90.46.080 RCW and Chapter 90.46.010(10).(b)Direct
injection must be in accordance with the standards developed by authority of
Chapter 90.46.042 RCW.
State and Federal Regulations. The uses listed below shall be conditioned as
necessary to protect critical aquifer recharge areas in accordance with the
applicable state and federal regulations:
Table 28.24.100: Statutes, Regulations, and Guidance Pertaining to Activities
Impacting Ground Water
Activity
Statute - Regulation - Guidance
Above Ground Storage Tanks
Chapter 173-303-640 WAC
Animal Feedlots
Chapter 173-216 WAC, Chapter 173-226
WAC
Automobile Washers
Chapter 173-216 WAC, Best Management
Practices for Vehicle and Equipment
Discharges(WDOE WQ-R-95-56)
Below Ground Storage Tanks
Chapter 173-360 WAC
Chemical Treatment Storage and
Disposal Facilities
Chapter 173-303-182 WAC
Hazardous Waste Generator Boat Re air
Chapter 173-303 WAC
Shops, Biological Research Facility, Dry
Cleaners, Furniture Stripping, Motor
VehicleService Garages, Photographic
Processing, Printing; and Publishing
Shops, etc.
Iniection Wells
Federal 40 CFR Parts 144 and 146, Chapter
173-218 WAC
Junk Yards and Salvage Yards
Chapter 173-304 WAC, Best Management
Practices to Prevent Stonnwater Pollution
at Vehicles Recycler Facilities (WDOE
94-146 )
Oil and Gas Drilling
Chapter 332-12-450 WAC, WAC, Chapter
173-218 WAC
Ordinance — PMC Title 28 Updates - 53
On -Site Sewage Systems (Large Scale)
Chapter 173-240 WAC
On -Site Sewage Systems ( 14,500
Chapter 246-272 WAC, Local
HealthOrdinances
al/da
Pesticide Storage and Use
Chapter 15.54 RCW; Chapter 17.21 RCW: '?
USC §§ 135-136; 40 CFR Part 157.
Sawmills
Chapter 173-303 WAC, 173-304 WAC, Bc�,
Management Practices to Prevent
StonnwaterPollution at Loi, Yards
(WDOE 95-53)
Solid Waste Handling and
RecyclingFacilities
Chapter 173-304 WAC; 42 U.S.C. §6901 et
seq.; 40 CFR parts 239-282.
Surface Minim
Chapter 332-18-015 WAC
Waste Water Application to Land Surface
Chapter 173-216 WAC, Chapter 173-200
WAC,WDOE Land Application Guidelines,
Best Management Practices for Irrigated
A,,culture
Chapter 28.28 Flood Hazard Areas
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
areaswhere 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
ofclassification:
(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
anyriver or stream associated with a regulatory flood.
(2) Special Flood Hazard Areas. The area adjoining the floodway which is
Ordinance — PMC Title 28 Updates - 54
subject toa one flefeent 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(FEMA) for the national Flood Insurance Program.
TheCityof Pasco may use additional flood information that is more detailed than that
provided in the flood insurance study conducted by FEMA to designate frequently
flooded areas, as available.
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 theFlood Insurance Rate Maps (FIRMS) prepared for the City of Pasco and
Franklin County by the Federal E,,. er-genet' Management xe yl- t.., . � as
part of the National Flood Insurance Program.
28.28.040 Management
Title 16 (Buildings and Construction) and Chapter 24.20 (Flood Hazard Protection)
of the r ity e f Pasee M tmieipa Godo -P N 1 regulate proposed activities in all areas of
specialflood 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
(3) Floodways. Special flood hazard areas established in this section are areas
that are extremely hazardous areas due to the velocity of flood waters, which
carry debris, potential projectiles, and erosion potential. The following
provisions applyto special flood hazard areas:
(a) Prohibit encroachments, including fill, new construction, substantial
improvements, and other development unless certification by a
roistered engineer or architect is provided demonstrating that
encroachments shall not result in an increase in flood levels during the
occurrence of the base flood discharge.
(b) If PMC 28.28.040(3)(a) is satisfied, all new construction and
substantial improvements shall comply with all applicable flood
hazard reduction provisions of PMC Ehffi2iff24.20
Ordinance — PMC Title 28 Updates - 55
Chapter 28.32 Geologic Hazard Areas
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
significantgeologic 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 hazardarea is best to be avoided.
28.32.020 Geologic Hazard Area Designation
Geologic hazard areas within Ranee -the City are those areas that are susceptible to
significant erosion, landslide, flood hazards, seismic hazards, and surface mine
collapsehazards. 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 subjectto the provisions of this Title.
(1) Volcanic Hazards. The G `N_requires that volcanic
hazards be addressed in local critical area regulations. However, since no
volcanichazards exist in the CityPesse area, no volcanic hazards regulations
are needed.
(2) Flood Hazard Areas. Generally, areas subject to flood hazard conditions are
regulated by PN1C 28.28 and the Pasco Flood Plain regulations (PMC
Title 24) which regulates those areas identified and classified by the Feder -a4
FEMA on their Flood Hazard
Boundary/FloodInsurance Rate Maps.
28.32.030 Geologic Hazard Area Classification and Designation Criteria
Geologic hazard area classification criteria are listed in the table below, along with
thesource agencies that provide the guidelines for classification and designation:
Ordinance — PMC Title 28 Updates - 56
Table 28.32.030: Criteria for Classification of Geologic Hazard Areas
Hazard Area
Classification and Designation
Source
(1) Erosion Hazard„
Areas
(a) Areas with soil type possessing erosion hazard of
moderate to severe,"" severe, or very severe.
(Classification based on both soil type and slope)
NRCS
(a) Areas with slopes of thiFty peFeen+ 009/4 or greater
slope and with a vertical relief of tcxn410} or more
NRCS
(b) Areas with slopes steeper than Fif*^^^ peFeeRt NRCS
(15%) on hillsides intersecting geologic contacts with a
relatively permeable sediment overlying a relatively
NRCS
impermeable sediment or bedrock where springs or
groundwater seepage is present;
(c) Areas with slopes parallel or sub -parallel to planes of
weakness in subsurface materials (e.g., beddingplanes,
NRCS
joint systems, and fault planes);
(d) Areas with slopes having gradients steeper than eig4ty4
pmt (80%) subject to rockfall during seismic
NRCS
(2) Landslide Hazard
(e) Alluvial fans or canyon bottoms presently or
Areas
potentially subject to inundation by debris flows or
NRCS
catastrophic flooding;
(f) Areas that have shown movement during the
Holocene epoch or which are underlain or covered by
NRCS
wastage debris of this epoch;
(g) Evidence of or risk from snow avalanches;
NRCS
(h) A "severe” limitation for building site development
due to slope conditions;
NRCS
(i) Areas of historic failure such as areas designated as
quaternary slumps, earthflows, mudflows, lahars, or
USGS, Wash. DNR,
landslides on maps or technical reports (e.g.,
or other government
topographic or geologic maps, or other authorized
agencies
documents).
(a) Areas potentially unstable as a result of rapid stream
(3) Flood Hazard Areas
incision, stream bank erosion, and Undercutting by
PMC Title 24
wave action shall be addressed as a flood hazard
Notes:
NRCS = U. S. Department of Agriculture, Natural Resource Conservation Service
28.32.040 Geologic Hazard Area Rating Criteria
All areas within I) c C'i tyPeigee shall be classified by the following risk categories for
eachgeologic hazard type:
Ordinance — PMC Title 28 Updates - 57
Table 28,32,040 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 Uses and Activities in Geologically Hazardous Areas
The following activities are allowed ingeolo ig Cally hazardous areas pursuant to
Chapter28.12 and do not require submission of a critical area report provided that
the activity will not increase the risk of the hazard:
(1) Erosion and Landslide Hazard Areas. Except as otherwise provided for in this
Title only those activities approved and permitted consistent with the critical
areareport in accordance with this Title shall be allowed in erosion or landslide
hazardareas.
Extreme Slope Hazard Areas. Installation of fences may be allowed within an
extreme slope hazard area.
Other Hazard Areas. The following activities may be allowed within other
geolo ,ically hazardous areas:
LaJ Construction of new buildings with less than 3,500 square feet of floor
area or roof area, whichever is greater, and which are not residential
structures or used as places of employment or public assembly;
U
Additions to existing residences that are 250 square feet or less; and
Installation of fences.
Prohibited uses: Facilities such as emergency response, hospitals. hazardous
materials storage, etc. shall be prohibited from Geologically Hazardous
Areas, unless Geologically Hazardous Areas Detailed Study demonstrates no
risks in thearea. PNIC' 28.12.040, Reasonable Use Exception-. shall at ply_
28�i028.32.060 Determination of Need for Geologic Hazard Area Detailed
Study
A Geologic Hazard Area Detailed Study of a geologic hazard area shall be required
if thefollowing indicators are present:
(1) If the project area is listed in the City of Pasco Critical Areas Map as
possessingeither a Known or Suspected Risk for erosion, landslide, flood,
seismic, or minehazard.
Ordinance — PMC Title 28 Updates - 58
(2) If the project area is listed in the City of Pasco Critical Areas Map as
possessingan Unknown Risk for erosion, landslide, flood, seismic or mine
hazard if any ofthe following are identified by the applicant or City:
(a) A qualified geologist finds that any of the following exist: evidence
of pastsignificant 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
(b) The City Plat ff Department of Community and Economic
Development possesses a reasonable belief that a geologic hazard
may exist. Such reasonable beliefshall be supported by a site visit and
subsequent consultation with a qualified geologist.
28.32.06028.32.070 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.
(1) Basic Requirements. A Geologic Hazard Area Detailed Study shall meet the
following:
(a) The Detailed Study shall be prepared by a qualified professional
engineeror geologist. Evidence of qualifications shall be provided
with the Detailed Study.
(b) 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
Section28.32.030.
(c) An assessment of the geologic characteristics and engineering
properties of the soils, sediments, and/or rock of the subject property
and potentiallyaffected 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.
(d) 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 propertiesshall be included.
(e) A mitigation plan, if appropriate, prepared by a professional engineer
Ordinance — PMC Title 28 Updates - 59
or geologist under the supervision of a professional engineer qualified
to prepare a 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 ;,on the geotechnical analysis. The plan shall
also address the potential benefit ofinitigation on the hazard area, the
subject property and affected adjacentproperties.
(f) Where more than one geologic hazard exists within, adjacent to,
impacts,or is impacted by the activity site, then only one
Detailed Studyis required to be completed to conduct a geologic
hazard ritical rea eview of the activity. The
_ report shall meet all ofthe requirements of each critical area
type but may present a unified mitigation plan.
(g) Where a valid geotechnical report has been prepared within the last
€w453 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 conditionsassociated with the site.
(2) Erosion and Landslide Hazard Areas. In addition to the requirements of
28.32.60 (a), an rosion azard or andslide azard rea Detailed
Studymust also meet the following requirements:
(a) 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, orother surface expressions of groundwater. The Site
Plan shall also depict any evidence of surface or stormwater runoff.
(b) A description of load intensity including surface and groundwater
conditions, public and private sewage disposal systems, fills and
excavations and all structural development.
(c) An estimate of slope stability and the effect construction and
placement of structures will have on the slope the
estimated life of the structure.
(d) An estimate of the bluff retreat rate that recognizes and reflects
potentialcatastrophic events such as seismic activity or a one
year storm event.
(e) An assessment describing the extent and type of vegetative cover.
Ordinance — PMC Title 28 Updates - 60
(f) The geotechnical analysis shall specifically include:
(i) Slope stability studies and opinion(s) of slope stability;
(ii) Proposed angles of cut and fill slopes and site grading
requirements;
(iii) Structural foundation requirements and estimated foundation
settlements;
(iv) Soil compaction criteria;
(v) Proposed surface and subsurface drainage;
(vi) Lateral earth pressures;
(vii) Vulnerability of the site to erosion;
(viii) Suitability of on-site soil for use as fill; and,
(ix) Building limitations.
(g) Mitigation proposals shall include the location and methods of
drainage, surface water management, locations and methods of
erosion control, avegetation management and/or restoration plan
and/or other means for maintaining long term stability of slopes.
(3) Flood Hazard Areas. Flood Hazard Areas are addressed through I'MC 28.1R_
Flo, \.zeas, an, the 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 rosion or andslide azard Detailed
Study, the City may require additional analysis and preparation of a
mitigation plan to determine if thesite is suitable for development.
(4) Seismic Hazard Areas. In addition to the Basic Requirements 28.32.060 ( ),
a Detailed Study for a seismic hazard critical area shall also meet the
following requirements:
(i) The site map shall show all known and mapped faults in the
projectvicinity.
(ii) The geotechnical analysis shall include a complete discussion
of the potential impacts of seismic activity reasonably
probable on the site (er-fie, forces generated and
fault displacement).
(5) Mine Hazard Areas. In addition to the Basic Requirements 28.32.060 ( ), a
Ordinance — PMC Title 28 Updates - 61
Detailed Study for a mine hazard critical area shall also meet the following
requirements:
(i) The ite Ian shall delineate the existence of mine workings
adjacent to or abutting the site, or nearby mine workings
which may impact the site; and
(ii) The geotechnical analysis shall include a discussion of the
potential for subsidence on the site.
(6) Volcanic Hazard Areas. _ he City R�� is located in an area of minimal risk
fromVolcanic Hazard Areas.
28.''�028.32.080 Performance Standards Minimum Requirements
This section describes the minimum performance standard requirements for Geologic
Hazard Areas.
(1) Basic Requirements
(a) Alteration of geologic hazard critical areas is permitted only if the
development proposal can be designed so the hazard to the project
and any increase of hazard to adjacent property is eliminated or
mitigated and the development proposal on the site is certified as safe
by a geotechnical engineer licensed in the State of Washington.
(b) All proposals involving excavations and placement of fills shall be
subjectto structural review under Chapter 33, Site Work, Demolition
and Construction, of the most current International Building Code.
(c) Essential public facilities as defined by RCW 36.70A.200 shall not be
sited within designated geologic hazard areas.
(2) Erosion and Landslide Hazard Areas. Activities on sites containing landslide
orerosion hazards shall also meet the following requirements:
(a) Alterations of the buffer and/or geologic hazard area may only occur
foractivities meeting the following criteria:
(i) No reasonable alternative exists; and
(ii) A geotechnical report is submitted and certifies that:
(A) The development will not significantly increase
surface -water discharge or sedimentation to adjacent
properties beyond pre- development conditions;
(B) The development will not decrease slope stability on
Ordinance — PMC Title 28 Updates - 62
adjacent properties; and
(C) That such alterations will not adversely impact other
critical areas.
(b) A temporary erosion and edimentation ontrol Pplan prepared
in accordance with the requirements of the standard specification of
the Cityof Pasco.
(c) A drainage plan for the collection, transport, treatment, discharge
and/or recycle of water in accordance with the standard specification
of the Cityof Pasco.
(d) Surface drainage shall not be directed across the face of a landslide
hazardarea (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 anenergy dissipating device at the point of
discharge.
(e) 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
geotechnicalreport 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.
(f) A minimum standard buffer width of dkiAy (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 maybe reducedto a minimum of tern{ 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 r;t.� Department of
munity and Economic Development for development adjacent 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 developmentas in the case
where the area potentially impacted by a landslide exceeds 30
feet.
(g) On-site sewage disposal systems, including drain fields, shall be
Prohibited within landslide and erosion hazard areas and related
buffers.
(h) Development designs shall meet the following basic requirements
unless it can be demonstrated that an alternative design provides
Ordinance — PMC Title 28 Updates - 63
greater long- term slope stability while meeting all other criteria of
this . 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:
(i) Structures and improvement shall be clustered to retain as
much open space as possible and to preserve the natural
topographic features of the site.
(ii) Structures and improvements shall conform to the natural
contourof the slope and foundations shall be tiered where
possible to conform to existing topography.
(iii) Structures and improvements shall be located to preserve the
mostcritical portion of the site and its natural landforms and
vegetation.
(iv) The use of retaining walls that allow the maintenance of
existingnatural slope area is preferred over graded artificial
slopes.
(v) All development shall be designed to minimize impervious lot
coverage.
(3) Flood Hazard Areas. Activities in flood hazard areas shall comply with PMC
28.28 Flood Hazard Areas, and the Gi", of �floodplain regulations
(PMCTitle 24 the Fleea Plain r-eg ,leAi fis Title 24
(4) Seismic Hazard Areas. Activities on sites containing seismic hazards shall
alsomeet the following requirements:
(a) 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.
(b) 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).
(c) No residential structures or Essential Public Facilit shall be
located ona Holocene fault line as indicated by USGS investigative
maps and studies.
(5) Mine Hazard Areas. Activities on sites containing mine hazards shall also
meetthe following requirements:
(a) Mitigation is implemented which reduces the risk from mine hazards
Ordinance — PMC Title 28 Updates - 64
to alevel equivalent to that which the activity would experience if it
were notlocated in a mine hazard area.
(6) Volcanic Hazard Areas. No additional requirements.
25:880 28.32.090 Long-term Mitigation and Restoration Standards
(1) The mitigation plan shall specifically address how the activity maintains or
reducesthe 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.
(2) Mitigation may be required to avoid any increase in risk above the pre
existingconditions following abandonment of the activity.
(3) Any required restoration shall meet the long-term hazard reduction standards.
Inthe case of restoration, long-term shall be defined as the equivalent of
natural function.
Section 2. This ordinance shall take full force and effect five (5) days after approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, this 19a' day of April,
2021.
Saul Martinez
Mayor
ATTEST:
I � -1, - (�A_ 4 — —
Debra Barham, CMC
City Clerk
Published: 2Z Z0 -Z1
Ordinance — PMC Title 28 Updates - 65
APPROVED AS TO FORM:
e guson La C /
City A ey