15.18.130 Substantive requirements.
A. All treatment of critical areas shall be in accordance with best available science as defined in WAC 365-195-900 through 365-195-925, which is hereby adopted by reference, along with the Washington State Department of Community Development’s Citations of Recommended Sources of Best Available Science for Designating and Protecting Critical Areas.
B. Critical areas and their buffers shall be left undisturbed except the following may be permitted if best management practices are used:
1. Authorized functional restoration;
2. In buffers: utility poles and utility lines which do not require excavation;
3. In the outer 50 percent of buffers: permeable-surfaced walkways, trails, and minimal wildlife viewing structures;
4. Developments for which mitigation is allowed per subsection E of this section; and
5. Other uses specifically authorized by this critical areas code.
C. No development shall occur which results in a net loss of the functions or values of any critical area except reasonable use variances per SPMC 15.18.140. The pre- and post-development functional comparison shall be on a per function basis unless otherwise authorized by this critical areas code.
D. No development shall occur in critical areas and their buffers which results in an unreasonable hazard to the public health and safety.
E. These substantive requirements shall be met via one or more of the following methods, listed in preferential sequence (commonly known as “sequencing”). The methods used shall be those which are highest on the list yet consistent with the objectives of the proposed development.
1. Avoid the impact altogether by not taking the proposed action;
2. Minimize the impact by limiting the action’s magnitude or changing the project design, location, or timing;
3. Mitigate (compensate for) the impact on natural system functions and values by enhancing or replacing other natural systems and ensuring that the mitigation serves its purpose over time. Mitigation should provide equivalent or greater functions and values than those of the critical areas it replaces. The mitigation shall be near the impact site unless it is more cost-effective to mitigate lost functions at a larger scale, such as at a wetland mitigation bank within the impacted wetland’s drainage basin. The town reserves the right to disallow mitigation that would be located outside the UGA.
F. As a condition of any permit approval, the town may require that:
1. The outer edge of the critical area or buffer be marked, signed, or fenced to protect the resource. Such protection may be temporary, during construction, or permanent such as to protect the resource from livestock or people. The director shall specify the design and sign message, if applicable, of such markers, signs, and fencing.
2. The applicant file a notice with the county records and elections division stating the presence of the critical area or buffer and the application of this critical areas code to the property, to inform subsequent purchasers of the property;
3. The critical areas and/or buffer are placed in a critical areas tract or conservation easement, the purpose of which is to set aside and protect the critical areas. The critical areas tract or conservation easement shall be:
a. Held by the town, a homeowner’s association, a land trust or similar conservation organization, or by each lot owner within the development in an undivided interest;
b. Recorded on all documents of title of record for the affected parcels;
c. Noted on the face of any plat or recorded drawing; and
d. Delineated on the ground with permanent markers and/or signs in accordance with local survey standards.
G. The town may allow averaging of standard wetland and stream buffer widths if a qualified professional demonstrates that:
1. Functions and values are not adversely affected;
2. The total buffer area is not reduced; and
3. At no location is the buffer width reduced more than 40 percent.
H. Unless otherwise provided, buildings and other structures shall be set back a distance of 10 feet from the edges of all critical areas and critical area buffers. The same protrusions into this setback area shall be allowed as the zoning code allows into property line setback areas.
I. Lots created through subdivisions or short plats may contain critical areas and buffers provided they contain adequate buildable area to build upon. Subdivisions and short plats shall show, on their face, any applicable critical areas limitations.
J. When any existing regulation, easement, covenant, or deed restriction conflicts with this critical areas code, that which provides more protection to the critical areas shall apply.
K. When critical areas of two or more types coincide, the more restrictive buffer and requirements shall apply.
L. The substantive requirements peculiar to the type of critical area shall also be complied with. See following articles. [Ord. 492 § 3 (Exh. B § 113), 2007.]