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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