ORDINANCE NO. 1137

AN ORDINANCE OF THE CITY OF KALAMA, WASHINGTON, RELATING TO LAND USE AND ZONING, ADOPTING A NEW CRITICAL AREA PROTECTION CODE WHICH INCORPORATES NEW PERMITTING PROCEDURES, UPDATES THE REPORT AND ENFORCEMENT ACTIVITIES, UPDATES THE WETLAND REGULATIONS TO PROVIDE BETTER PROTECTION, ADDS BEST AVAILABLE SCIENCE CRITERIA, AND INCORPORATES RECOMMENDATIONS FROM STATE AGENCIES TO BETTER PROTECT KALAMA'S LOCAL CRITICAL AREAS; REPEALING THE EXISTING CRITICAL AREAS CODE CHAPTER 15.02, AND ADOPTING A NEW CHAPTER 15.02 TO THE KALAMA MUNICIPAL CODE.

WHEREAS, the City of Kalama adopted the original Critical Area Protection Ordinance No. 1028 in December 1999;

WHEREAS, the City amended Ordinance No. 1028 with Ordinance No. 1054 in 2000;

WHEREAS, the City must periodically update the Critical Area Protection Ordinance to comply with changes in the state statutes;

WHEREAS, the City received a grant from the Washington State Department of Community, Trade and Economic Development to fund the updating of the City's Critical Area Protection Ordinance and in June 2003 a final draft was sent to CTED for review as required;

WHEREAS, the Kalama Planning Commission held public hearings on April 10, May 8, and June 12, 2003 to review and formulate a recommendation to update the current Critical Area Protection Ordinance to incorporate "best available science" wording, recommendations from the Department of Fish and Wildlife and Department of Community, Trade and Economic Development and recommendations from the City Attorney, in order to provide better protection for local critical areas and allow for better reporting requirements and better enforcement;

WHEREAS, on September 4, 2003 a SEPA-DNS was sent to state agencies including State Department of Ecology and State Department of Fish and Wildlife and local agencies including Cowlitz County for review and comment;

WHEREAS, the State Department of Fish and Wildlife returned comments that the draft ordinance contained items that would be in conflict with state regulations which then required further review by the Planning Commission;

WHEREAS, the Planning Commission made final revisions based upon the Department of Fish and Wildlife comments and attorney recommendations to the draft and now fully recommend the draft to the City Council for adoption;

WHEREAS on March 17, 2004, a final draft of the updated ordinance was sent to the Office of Community Trade and Economic Development for the required sixty day review and on March 18, 2004 a second SEPA-DNS was issued on the final draft submitted to state and local agencies including the Department of Ecology and Department of Fish and Wildlife and Cowlitz County;

WHEREAS the City of Kalama received comments back for the Office of Community Trade and Economic Development and based upon those comments made final changes to the draft ordinance;

WHEREAS on June 2, 2004 the Kalama City Council held a public hearing on the proposed new Critical Areas Protection Ordinance to take public comment on the revisions there to;

NOW THEREFORE THE CITY COUNCIL OF THE CITY OF KALAMA DO ORDAIN AS FOLLOWS:

SECTION 1. Kalama Municipal Code Chapter 15.02 as adopted by Ordinance No. 1028

and amended by Ordinance No. 1054 is repealed in its entirety.

SECTION 2. A new Kalama Municipal Code Chapter 15.02 is adopted to read as follows:

15.02.010 Title.

The title of the ordinance codified in this chapter is the "City of Kalama Critical Areas Protection Ordinance.

15.02.020 Preamble.

A. The city is responding to state mandates contained in the Growth Management Act, RCW 36.70A.060, by developing and adopting this chapter which classifies, designates, regulates and protects the function and values of critical areas. The city believes it important to strike a balance between critical land protection, private property rights and economic development and diversification. Consequently, this chapter has been designed to encourage landowners to protect critical areas by offering a range of incentives intended to provide equitably for such protection. In addition, it is the intent of the city to actively and constructively assist the applicant in the preparation and processing of permits/approvals/plans/requirements or procedures. The ultimate responsibility for providing complete and accurate application material and/or required information falls on the applicant.

B. A limited amount of scientific data is available to address all critical areas within the city. As more information becomes available, it will be incorporated.

15.02.030 Purpose and intent.

A. The state of Washington's Growth Management Act requires the city to adopt development regulations affecting certain types of land to assure the conservation of such areas. This chapter is intended to comply with the state mandate. "Critical areas" include: wetlands, aquifer recharge areas, geologically hazardous areas, fish and wildlife habitat, and frequently flooded areas. These areas contain valuable natural resources, provide natural scenic qualities important to the character of the community, perform important ecological functions and processes, or present a hazard to life and property. Identification, management and regulation for the protection of these lands and areas is, therefore, necessary to protect the public health, safety and general welfare of Kalama's citizens. This chapter also describes the process used to determine if a critical area exists on or adjacent to a particular parcel of land. The process includes the use of maps, physical inspections and other methods of fact-finding. It is the intent of the city to use the best available science and data in making a critical area determination.

B. With respect to particular critical areas, the city finds as follows:

1. Wetlands provide numerous valuable functions, including but not limited to providing wildlife and fish habitat, water quality enhancement, flood and erosion control, aquifer recharge and discharge, shoreline stabilization, research and education opportunities, and recreation.

2. Geologic hazards pose a risk to public and private property and to the natural systems that make up the city's environment. These lands are susceptible to slides, erosion, seismic effects, and mining hazards. Building and development practices should consider topographical and geological features. Future development shall be directed to more geologically stable areas and restricted on unsuitable ground. Regulating these lands, and avoiding or minimizing alteration of geologic hazards, is necessary to protect the health, safety and general welfare; therefore, two categories have been established for review which are as follows: potentially geologically hazardous areas which require more extensive review because of severity of conditions and areas of geological concern, which may only require a minimal amount of geological information with recommendations for site development.

3. Aquifer recharge areas perform many important biological and physical functions that benefit the city and its residents, including but not limited to storing and conveying groundwater. Protection of aquifer recharge areas is, therefore, necessary to protect the public health, safety and general welfare.

4. Fish and wildlife habitat conservation areas perform many important physical and biological functions that benefit the city and its residents. These functions include but are not limited to: food, cover, nesting, breeding and movement for fish and wildlife; maintaining and promoting diversity of species and habitat; maintaining air and water quality; controlling erosion; recreation, education and scientific study and aesthetic appreciation; and providing neighborhood separation and visual diversity within urban areas.

5. Frequently flooded areas pose a risk to public and private property and public health. Regulation of these lands will promote efficient use of the land and water resources by allocating frequently flooded areas to the uses for which they are best suited and to discourage obstructions to flood-flows or uses which pollute or deteriorate natural waters and water courses.

C. It is the intent of this chapter to:

1. Implement the goals, objectives and policies of the environmental and land use elements of the City of Kalama's comprehensive plan;

2. Comply with the requirements of the Growth Management Act (RCW 36.70A) and mandate such rules and guidelines;

3. Coordinate Kalama's critical area protection activities and programs with those of other jurisdictions;

4. Assist land owners by providing incentives for critical area protection. (Ord. 1028 § 3, 1999).

15.02.040 Authority.

This chapter is adopted under the authority of Chapter 36.70A. RCW.

15.02.050 Definitions.

For the purposes of this chapter, the following definitions shall apply unless the context clearly requires otherwise.

"Adjacent to" means immediately adjoining (in contact with the boundary of the subject area) or within a distance that is less than that needed to separate activities from critical areas to ensure protection of the function and values of the critical areas. Adjacent to shall mean any activity or development located:

A. On a site immediately adjoining a critical area;

B. A distance equal to or less than the required critical area buffer or setback width and

building setbacks;

C. A distance equal to or less than one-half mile (2640 feet) from a bald eagle's nest;

D. A distance equal to or less than three hundred (300) feet upland from a stream, wetland

or water body;

E. Bordering or within the floodway, floodplain, or channel migration zone; or

F. A distance equal to or less than two hundred (200) feet from a critical

aquifer recharge area.

"Agricultural activities (existing and ongoing)" means those activities involved in the production of crops and livestock, including but not limited to operation and maintenance of existing farm and stock ponds or drainage systems, irrigation systems, changes between agricultural activities, and maintenance or repair of existing serviceable structures and facilities, as allowed under Kalama Municipal Code Chapter 17.21, Large-Lot Estates. Activities which bring an area into agricultural use are not part of an ongoing activity. An activity ceases to be ongoing when the area on which it was conducted has been converted to a nonagricultural use, or has been unattended for five years. Forest practices are not included in this definition.

"Alluvial fan" means a low, outspread, relatively flat to gently sloping mass of loose alluvium, shaped like an open fan, deposited by a stream where it issues from a narrow valley, or where a tributary stream issues into the main stream, or wherever a constriction in a valley abruptly ceases or the gradient of the stream suddenly decreases; it is steepest near the mouth of the valley where its apex points upstream, and it slopes gently and convexly outward with gradually decreasing gradient.

"Alteration" means a human-induced action which materially affects a regulated critical area or associated buffer, such as a physical change to the existing condition of land or improvements, including but not limited to: construction, clearing, filling and grading.

"Applicant" means the person, party, firm, corporation, Indian tribe, or federal, state or local government, or any other entity that proposes any activity that could affect a critical area.

"Aquifer recharge area" means areas where water infiltrates the soil and percolates through it and surface rocks, to the groundwater.

"Best Available Science" means current scientific information used in the process to designate, protect, or restore critical areas, that is derived from a valid scientific process as defined by WAC 365-195-900 through 925.

"Best management practices" means systems of practices and management measures that: (1) control soil loss and reduce water quality degradation caused by nutrients, animal waste and toxins; (2) control the movement of sediment and erosion caused by land alteration activities; (3) avoid adverse impacts to surface and ground water quality, flow and circulation patterns; and (4) avoid adverse impacts to the chemical, physical and biological characteristics of a critical area.

"Buffer" or "buffer area" means an area established to protect the integrity or functions and values of a critical area from potential adverse impacts.

"Chemical Applications" means the application of herbicides, pesticides, organic or mineral-derived fertilizers, or other hazardous substances.

"Clearing" means the removal of trees, brush, grass, ground cover, or other vegetative matter from a site.

"Conservation easement" means an interest or right of use over a property, less than fee simple, to protect, preserve, maintain, improve, restore, limit the future use of, or conserve for open space purposes, any land or improvement on the land.

"Council" means the Kalama city council.

"Critical area" means and includes the following areas and ecosystems: (1) wetlands; (2) areas with a critical recharging effect on aquifers used for potable water; (3) fish and wildlife habitat conservation areas as defined in; (4) frequently flooded areas; and (5) geologically hazardous areas.

"Development" means a construction project involving property improvement or a change of physical character within the site; the act of using land for building or extractive purposes. "Development" shall include, but shall not be limited to, the activities identified in Section 15.02.060.

"Development Intensities" for the purpose of Section 15.02.120 of this ordinance, development intensities shall consist of two types:

• High Intensity: Any use or activity with a high probability of

disturbing a wetland and wetland fauna and flora, including but not limited to, construction of buildings, roads, and other improvements, land clearing and loud noises.

• Low Intensity: Any use activity with a low probability of disturbing a

wetland and wetland fauna and flora.

"Enhancement" means actions performed to improve the condition or functions and values of an existing viable wetland or buffer, or fish and wildlife habitat area or buffer. Enhancement actions include but are not limited to increasing plant diversity, increasing fish and wildlife habitat, installing environmentally compatible erosion controls, and removing invasive plant species such as milfoil and loosestrife.

Erosion Hazard Area. See "Geologic hazard areas."

"Excavation" means the mechanical removal of earth material.

Existing and On-going Agricultural Activities. See "Agricultural activities."

"Fill material" means a deposit of earth or other natural or man-made material placed by artificial means.

"Filling" means the act of placing fill material (on any critical area) including temporary stockpiling of fill material.

"Fish and wildlife habitat conservation areas" means those areas identified as being of critical importance to maintenance of fish and wildlife including those listed in Table 15.02.130-1.

"Floodway" means those portions of the area of a river valley lying streamward from the outer limits of a watercourse upon which flood waters are carried during periods of flooding that occur with reasonable regularity, although not necessarily annually, said floodway being identified, under normal condition, by changes in surface soil conditions or changes in types or quality of vegetative ground cover condition.

"Geologic hazard areas" means areas susceptible to erosion, sliding, earthquake, or other geologic events (see Section 15.02.150 for classifications).

"Grading" means an excavating and/or filling of the earth's surface or combination thereof.

"Hydric soils" means soils which are wet long enough to periodically produce anaerobic (reduced oxygen) conditions, thereby influencing plant growth.

"Hydrologic unit (watershed)" means an area of land above or upstream from a specific point on a stream, which is enclosed by a topographic divide such that direct surface run-off from precipitation normally drains by gravity into the stream or the area above the specified point on a stream.

"Indigenous" means any native species of plant or wildlife that occurs naturally on a particular site or area.

"Lake" means a naturally existing or artificially created body of standing water, including reservoirs, twenty acres or greater in size, which exists on a year-round basis and occurs in a depression of land or expanded part of a stream.

"Landfill" means a disposal facility or part of a facility at which solid waste is placed in or on land.

"Landslide" means the abrupt downslope movement of a mass of soil or rock.

"Landslide Hazard Area. See Section 15.02.150(C).

"Liquefaction" is a process in which soil loses strength, and behaves like a liquid.

"Mitigation" means an action designed to replace project-induced critical area losses or impacts; including, but not limited to, avoiding, minimizing, or compensating for adverse wetland impacts. Mitigation in order of preference:

• Avoiding the impact altogether by not taking a certain action or parts of actions;
• Minimizing impacts by limiting the degree or magnitude of an action and its

implementation;

• Rectifying impacts by repairing, rehabilitating or restoring the affected environment;
• Reducing or eliminating an impact over time by preservation and maintenance

operations during the life of the action;

• Compensating for an impact by replacing or providing substitute resources or

environments;

• "In-kind mitigation" means replacement of wetlands or surface water systems with

substitute wetlands or surface water systems whose characteristics and functions and values closely approximate those destroyed or degraded by a regulated activity.

• "Out-of-kind mitigation" means replacement of surface water systems or

wetlands with substitute surface water systems or wetlands with characteristics which do not closely approximate those destroyed or degraded by a regulated activity.

"Noxious weeds" means any plant which, when established, is highly destructive, competitive or difficult to control. The county maintains a noxious weed list.

"Open space" means land classified as open space under Chapter 84.34 RCW for its current use value and placed in open space tax assessment.

"Pond" means a naturally existing or artificially created body of standing water under twenty acres, which exists on a year-round basis and occurs in a depression of land or expanded part of a stream.

"Primary Association of a Species" includes its breeding areas, nesting areas, primary foraging areas, and primary migration corridors.

"Priority Habitat" means those habitat types or elements with unique or significant value to a diverse assemblage of species. A priority habitat may consist of a unique vegetation type or dominant plant species, a described successional stage, or a specific structural element.

"Qualified Professional" means a person who has received a degree form an accredited college or university in a field necessary to identify and evaluate a particular critical area, and/or a person who is professionally trained, licensed and certified in such field(s). Areas of technical expertise shall generally be as follows: wetlands biology or ecology (for wetlands); stream and/or fisheries biology or ecology (for streams); wildlife biology or ecology (for critical habitat); or a Washington State licensed geologist, hydrogeologist or engineering geologist (most frequently referred to as a Geotechnical Engineer). A qualified wetland professional shall be certified by the Society of Wetland Scientists as a professional wetland science or wetland professional in training. When a landscape or planting plan is required by these regulations, a qualified professional is one who has demonstrated expertise in the use of indigenous plant species, slope stabilization, and arboricultural practices. A qualified professional shall be required to demonstrate the basis for their qualifications, and submit copies of past reports that have been accepted by other jurisdictions on critical area permit applications. A demonstration of qualifications may include, but shall not be limited to submission of a copy of professional certification, such as either a graduate certificate or state license.

"Regulated activity" for the purposes of this chapter (other regulations can or may apply as well) means activities occurring in a critical area or associated buffer that are subject to the provisions of this chapter. See Regulated Activities in KMS Section 15.02.060.

"Restoration" means efforts performed to reestablish functional values and characteristics of a critical area that have been destroyed or degraded by past alterations (e.g., filling or grading).

"Riparian habitat" means areas adjacent to aquatic systems with flowing water that contain elements of both aquatic and terrestrial ecosystems that mutually influence each other. The width of these areas extends to that portion of the terrestrial landscape that directly influences the aquatic ecosystem by providing shade, fine or large woody material, nutrients, organic and inorganic debris, terrestrial insects, or habitat for riparian-associated wildlife. Widths shall be measured from the ordinary high water mark. It includes the entire extent of the floodplain and the extent of vegetation adapted to wet conditions as well as adjacent upland plant communities that directly influence the stream system. Riparian habitat areas include those riparian areas severely altered or damaged due to human development activities.

"Site" means any parcel or combination of contiguous parcels, or right-of-way, or combination of contiguous rights-of-way under the applicant's ownership or control where the proposed regulated activity occurs.

"Shorelands and shoreland areas" means those lands extending landward for two hundred (200) feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward two hundred (200) feet from such floodways; and all wetlands and river deltas associated with the streams, lakes and tidal waters which are subject to the provisions of Chapter 90.58 RCW.

"Slope" means an inclined earth surface, the inclination of which is expressed as the ratio of horizontal distance to vertical distance. In these regulations, slopes are generally expressed as a percentage; percentage of slope refers to a given rise in elevation over a given run in distance. Slopes fifteen to thirty percent constitute areas of geologic concerns. Slopes greater than thirty percent constitute potential areas of geological hazard.

"Snag" means any dead, partially dead, or defective (cull) tree at least ten feet tall and twelve inches in diameter at breast height.

"Snag-rich areas" means areas that are characterized by the presence of relatively high numbers of large diameter (>20"dbh) snags, in varying states of decay, suitable for use by broad and diverse groups of wildlife. Snag-rich areas include naturally regenerated (un-managed) forests, riparian areas, and burned, damaged, or diseased forests. Snag-rich areas may also include individual snags or small groups of snags of exceptional value to wildlife due to their scarcity or location in particular landscapes."

"Streams" means Water contained within a channel, either perennial or intermittent, and classified according to WAC 222-16-030 or WAC 222-16-031. Streams also include natural watercourses modified by man. Streams do not include irrigation ditches, waste ways, drains, outfalls, operational spillways, channels, storm water runoff facilities or other wholly artificial watercourses, except those that directly result from the modification to a natural watercourse.

"Talus slope" means a slope formed by the accumulation of rock debris at the bottom of steep slopes or cliffs.

"Utility line" means pipe, conduit, cable, or other similar facility by which services are conveyed to the public or individual recipients. Such services shall include, but are not limited to water supply, electric power, natural gas, communications and sanitary sewer.

"Wetland" means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from non-wetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities. This definition does include, however, those artificial wetlands intentionally created to mitigate for the conversion of existing wetlands. The three general types of wetlands are emergent, forested and scrub-shrub. The Washington State Wetlands Identification and Delineation Manual (Ecology, March 1997) based on the 1987 Corps of Engineers Wetland Delineation Manual will be used to delineate wetland boundaries.

"Wetland functions" are determined by physical, chemical and biological characteristics and include but are not limited to: fish and wildlife habitat, aquifer recharge and discharge, water quality, shoreline stabilization, and flood and erosion control.

"Wetland value" means wetland processes or attributes that are valuable or beneficial to society.

15.02.060 Applicability/Regulated activities.

A. All persons proposing development in critical areas or their buffers shall first obtain a critical areas permit pursuant to this chapter, except as exempted pursuant to Section 15.02.070. A critical area that extends beyond or is adjacent to the boundaries of the proposed project site shall be reviewed in its entirety and not only the portion contained within or adjacent to the site.

B. Development activities shall include, but are not limited to the following:

1. Removing, clearing, grading, excavating, disturbing, or dredging soil, sand, gravel, minerals, organic matter or materials of any kind;

2. Dumping, discharging or filling with any material;

3. Subdivisions, short subdivisions, planned unit developments (PUDs), manufactured housing parks and RV parks;

4. Construction, reconstruction, demolition or alteration of the size of any structure or infrastructure;

5. Construction of any new public or private road or driveway;

6. Destroying, planting or altering vegetation through clearing, harvesting, cutting, intentional burning, shading, or planting non-native species where these activities would alter the character of a critical area, or its buffer;

7. Draining, flooding, or disturbing the water level or water table;

8. Activities causing adverse changes in water temperature, physical or chemical changes of water sources to wetlands or surface water systems;

9. Chemical applications that are determined by the City and/or the Department of Fish and Wildlife to be harmful to wetland habitat, riparian corridors associated with surface water systems, or wildlife or fish life.

15.02.070 Exemptions.

Upon determination by the City the following activities may be exempt from the provisions of this chapter.

A. The policies, regulations, and procedures of this chapter do not apply to those activities and uses conducted pursuant to the Washington State Forest Practices Act and its rules and regulations, RCW 76.09 and WAC 222, where state law specifically limits local authority, except with regard to developments and conversions requiring local approval, and when the city is the lead agency for environmental review;

B. Existing and on-going agricultural activities not involving chemical applications as defined in this chapter;

C. Development occurring within a seismic hazard area as described in Section 15.02.150(C)(3) and containing no other critical area as defined by this chapter;

D. Development occurring within frequently flooded areas and containing no other critical area as defined by this chapter, provided, the development meets the requirements of Kalama Municipal Code Chapter 14.16, Floodplain Management;

E. Maintenance, operation, reconstruction of existing public and private roads, streets, driveways, utility lines, and existing public buildings and facilities provided that reconstruction of any such facilities does not extend outside the previously disturbed portions of the right-of-way or building lot lines;

F. Exterior alterations to existing single family residential structures comprising up to twenty-five percent of the existing building's footprint, but not to exceed five hundred square feet, if such alteration or construction does not involve the excavation of materials from any adjacent slope which is greater than fifteen percent, and if such alteration does not extend further into a critical area;

G. Construction, alteration or enlargement of decks, patios, walkways and other outside fixtures common to residential housing and commercial activities, not involving the use of industrial construction equipment such as backhoes, tractors, cranes, and does not create additional impacts on an adjacent critical area;

H. For lands not involving wetlands, wildlife habitats, designated endangered species areas, or slopes greater than fifteen percent, excavation, grading, and filling the following would be exempted:

1. If the excavation is less than two feet in depth or does not create a cut slope greater than five feet in height and steeper than one unit vertical in one and one-half units horizontal (66.7% slope) and does not exceed fifty cubic yards.

2. Fill is less than one foot in depth and placed on natural terrain with a slope flatter than one unit vertical in five units horizontal (twenty percent slope), or less than three feet in depth, not intended to support structures, that does not exceed fifty cubic yards on any one lot and does not obstruct a drainage course (as stated in the 1997 edition of the Uniform Building Code Appendix Chapter 33.3306.02(9)),

I. The removal or control of noxious weeds not involving Chemical

Application, excavation, mechanical weed control with the use of hand held tools and/or flooding.

J. Maintenance of ground cover or other vegetation in a critical area or buffer area that was disturbed prior to January 2000, provided that, no further disturbance is created;

K. Minimal site investigative work required by the city, state or a federal agency, or any other applicant such as surveys, soil logs, percolation tests, and other related activities, provided that impacts on environmentally critical areas are minimized and disturbed areas are restored to the pre-existing level of function and value within one year after tests are concluded;

L. Passive recreational uses, sport fishing or hunting, scientific or educational review, or similar minimum impact, non-development activities;

M. Maintenance of intentionally created artificial wetlands or surface water systems including irrigation and drainage ditches, grass-lined swales and canals, detention facilities, farm ponds, and landscape or ornamental amenities. Wetlands, natural streams, natural streams that are channelized, lakes or ponds created as mitigation for approved land use activities or that provide critical habitat are not exempt and shall be regulated according to the mitigation plan;

N. Activities occurring in non-regulated wetlands. Shoreline, state and federal regulations may apply to wetlands not regulated under this chapter;

O. Emergency actions 1. Emergency actions which must be undertaken immediately or for which

there is insufficient time for full compliance with this chapter when it is necessary to:

a. Prevent an imminent threat to public health or safety, or

b. Prevent imminent danger to public or private property, or

c. Prevent an imminent threat of serious environmental degradation.

2. In the event a person or emergency agency determines that the need to

take emergency action is so urgent that there is insufficient time for review by the city, such emergency action may be taken immediately, as long as the following requirements are observed:

• Work is limited to the minimum work necessary to alleviate the

emergency;

• For emergency work within waters of the state, the person or agency

undertaking such action will receive verbal Hydraulic Permit Approval from the Washington Department of Fish and Wildlife prior to beginning any work.

• The person or agency undertaking such action shall notify the city within

one working day following the commencement of the emergency activity. Following such notification, the city shall determine if the action taken was within the scope of the emergency actions allowed in this subsection. If the City determines that the action taken or a portion of the action taken is beyond the scope of allowed emergency actions, the City may initiate enforcement action, as set forth in KMC Section 15.20.200;

d. Upon completion of the emergency repair or restoration work, all damage

to a the critical area shall be fully restored ; P. Projects with a footprint of less than five hundred square feet which are not placed on fill or require no excavation into slopes greater than fifteen percent;

Q. Construction of structures on lots with slopes of greater than fifteen percent, if the City receives a report prepared in the last five years by a qualified professional who has examined the site and the report clearly states that construction on the site will not cause any geologic hazards, to the proposed building or surrounding properties.

15.02.080 Optional incentives for non-development of critical areas.

A. Introduction. This section describes the alternatives available to property owners and incentives they may pursue in lieu of developing or altering their property under the terms and standards of this chapter. The incentives and options listed allow property owners to use any or all of the options that best suit their needs.

B. Open Space. Any person who owns an identified critical area as defined by this chapter may apply for current use assessment pursuant to Cowlitz County Code Chapter 18.52, the Cowlitz County Open Space Ordinance, and RCW 84.34, Open Space, Agriculture, and Timber Lands--Current Use Assessment-Conservation Futures.

C. Conservation Easement. Any person who owns an identified critical area as defined by this chapter shall be entitled to place a conservation easement over that portion of the property designated a critical area by naming the city or its qualified designee under RCW 64.04.130 (Interests in land for purposes of conservation, protection, preservation, etc. - Ownership by certain entities - Conveyances) as beneficiary of the conservation easement. The purpose of the conservation easement shall be to protect, preserve, maintain, restore, limit the future use of, or conserve for open space purposes the land designated as critical area(s), in accordance with RCW 64.04.130. Details governing easement restrictions shall be negotiated between the property owners and the city. See process for conservation easement or density incentives, subsection E of this section.

D. Density Adjustments. The city shall allow transfer of density for residential uses from lands containing critical areas, as defined by this chapter, when developed pursuant to Kalama Municipal Code Chapter 16.56, Planned Unit Development. Residential density may only be transferred from a critical area to an area on the same site which is not a critical area. For development proposals on lands determined to contain critical areas as defined by this chapter, the city shall determine allowable dwelling units for residential development proposals based on the formula below.

Percentage of Site Percentage of

in Critical Area Adjustment

1--10% 100%

11--20% 90%

21--30% 80%

31--40% 70%

41--50% 60%

51--60% 50%

61--70% 40%

71--80% 30%

81--90% 20%

The density adjustment can only be applied within the development proposal site and any fractional amounts will be rounded down. The applicant may reduce lot sizes below the minimum required for that zone (residential designation) to accommodate the transfer of density by following the procedures set forth in the Kalama Municipal Code, Chapter 16.40.030(B)(1 through 6).

E. The process for conservation easement or density incentives will be as follows:

1. Contents of Application. Record owners of real property seeking relief under this section shall file with the city council an application for a conservation easement, density incentives or adjustments.

2. Contents of Application. The applicant is responsible for submitting a complete and accurate application. A complete application shall include:

a. Completed master application and/or any required supplement sheets signed by the owner of the property;

b. A map drawn to scale, showing the following information:

i. Name, address and telephone number of the property owners(s),

ii. Name, address and telephone number of the preparer of the application,

iii. Date of submittal,

iv. North arrow,

v. Property boundary lines,

vi. A legal description of the property,

vii. A description of the nature, size and location of each critical area located on the property, as determined by a qualified professional,

viii. All existing and/or public and private roads, sewer, and water lines, wells, county utilities, easements, water courses, lakes, springs, drainage facilities, on-site sewage disposal drainfield areas, on and within one hundred feet of the property boundaries,

ix. The boundaries of all lands reserved in the deeds for the common uses of the property owners,

3. City Staff Action. The city clerk-treasurer, public works director and city planner shall determine if the application is complete within twenty-eight days. If additional information is necessary, the application shall be returned to the property owner, together with a list identifying the deficiencies. When the application is complete, the city staff shall determine whether all or part of the property is in fact subject to any critical area regulations in this chapter. Staff shall forward written findings to the council.

4. Council Decision. Within thirty days of receipt of the staff's findings, the council shall make the final determination on whether all or part of the property is subject to this chapter. For conservation easement applications, if the council determines that all or part of the property is subject to this chapter, the council shall consider the acceptance of a conservation easement, as beneficiary on behalf of the city or its qualified designee under RCW 64.04.130, over that portion of the property subject to this chapter to the extent requested by the record owner of the property. The grantee of a conservation easement must agree to execute the easement form approved by the City Attorney. For density incentive applications, the council shall consider a requested density transfer subject to its final approval of a preliminary subdivision plat. The application for density transfer must be submitted as a part of the preliminary plat application.

F. Land Exchange. State agencies or local government may convey, sell, lease or trade existing public lands in order to obtain public ownership of a fee interest, leasehold interest or conservation easement over all or part of a critical area. Such exchanges may occur only upon agreement between the record owner and state and local agencies authorized to exchange the subject land. The process for land exchange involving the city of Kalama will be as follows: all applications for land exchanges must be filed in accordance with the requirements of this section. For the purposes of this section, any requirements to provide information, appraisals or notice relating to the "property" or "subject property" shall apply to all properties involved in the proposed exchange.

1. Contents of Application. The applicant is responsible for submitting a complete and accurate application. A complete application shall include:

a. Completed master application and/or any required supplement sheets signed by the record owner of the property;

b. A map, drawn to scale, showing the following information:

i. Name, address and telephone number of the property owners(s),

ii. Name, address and telephone number of the preparer of the application,

iii. Date of submittal,

iv. North arrow,

v. Property boundary lines and dimensions,

vi. Legal description of the property,

vii. Description of the nature, size and location of each critical area located on the property, as determined by a qualified professional,

viii. All existing public or private roads, sewer and water lines, wells, city utilities, easements, water courses, lakes, springs, drainage facilities, on-site sewage disposal drainfield areas, on and within one hundred feet of the property boundaries,

ix. The boundaries of all lands reserved in the deeds for the common uses of the property owners,

x. A written appraisal from a licensed appraiser of the City's choice, providing the fair market value of the properties.

xi. An environmental assessment of the property, indicating the presence or

absence of environmental contaminants. The City shall commission the assessment at the property owner's cost.

2. City Staff Action. The city clerk-treasurer, public works director and the city planner shall determine if the application is complete within twenty-eight days. If additional information is necessary, the application shall be returned to the property owner, together with a list identifying the deficiencies. Staff shall forward written findings to the council.

3. Council Action. The city council shall hold a public hearing to review all property owner requests, pursuant to this section. Notice of public hearing shall be made at least thirty days prior to the scheduled hearing date. Notice shall consist of the publication of a legal notice in the newspaper of record stating the description of the property, and the purpose, date, time and location of the hearing. Such notice shall also be mailed first class to the property owner and all persons owning property, as identified in the auditor's records, within three hundred feet of the subject property boundaries thirty days prior to the hearing. And, two or more notices shall be posted in the vicinity of the subject property ten days prior to the hearing. Procedures for land exchanges may be subject to additional notice and advertising requirements.

4. Following the public hearing, the council shall issue its written decision, with findings. There shall be no deadline for the City Council's decision on land exchanges, which shall be completely discretionary.

15.02.090 Critical areas Determination.

A determination of Critical Areas is required for all land use or development

applications. Staff will conduct an environmental review, based on existing in-house

data and an on site inspection, to determine if critical areas exist on or are adjacent to

a parcel and whether the site or project is exempted as provided in Section 15.02.070.

• Complete Application for Critical Area Determination

A complete application for a Critical Area Determination will include all of the

following:

1. A completed master application with applicable land use application, including a critical area checklist.

2. A vicinity map;

3. A site drawing showing property boundaries, and existing plus proposed development locations on site.

4. A critical area determination fee.

• Staff Determination of a Critical Area.

A critical area determination is made by the City staff, without a public hearing.

The determination will be based upon:

1. review of the Critical Area Determination application, together with any

optional critical area study submitted by the applicant;

2. review of materials and information compiled by the City of Kalama, including any consultant report the City may commission; and

3. on-site inspection of the property.

• Issuance of Determination of Critical Area.

The determination shall be in writing and shall be provided to the applicant and

property owner of record, if different than the applicant. When a critical area exists, a

critical area determination notice will be issued. A property owner may request a

redetermination by the staff once in any twelve-month period, subject to fees, when a

change in physical conditions or government institutional actions warrant such

redetermination. Formal appeal may be made in accordance with section 15.02.190 of

this ordinance.

15.02.100 Critical Area Permit

If the Critical Area Determination reveals that there is a critical area(s) on the

property subject to the underlying land use or development permit, an application for a

critical area permit must be submitted. No development or activity may take place on

the property with critical areas except in conformance with this chapter and an issued

critical areas permit.

• Critical Area Permit Application. A complete application for a Critical

Area Permit shall consist of the following:

• A detailed site plan drawn to scale. The site plan should clearly show the following

information:

a. North arrow,

b. Property boundary line and dimensions,

c. Location and dimensions of all existing and proposed development or alternations, including public and private roads, sewer and water lines, wells, utilities,

easements, water sources, lakes and springs, drainage facilities, onsite sewage disposal and drainfield areas, within the property boundary;

d. All critical areas, buffers and the development proposal with dimensions;

• Limits of any areas to be cleared;

• A copy of the Determination of Critical Area issued by the City showing it

having been recorded through the County Auditor's Office.

• A stormwater management plan for the project with consideration of the

drainage impacts based on "best management practices."

• Critical area report(s) addressing the specific critical area(s) on the site

including all information as defined in the applicable appendix(s) B through E. This

report must also include the following:

• The date the report was prepared;
• The names, and qualifications of all person(s) preparing the report;
• The professional stamp of the person(s) preparing the report;
• The dates and documentation of any fieldwork preformed on the site;
• A statement verifying the accuracy of the report, as well as all assumptions relied upon in the report;

f. An assessment of the probable cumulative impacts to critical areas resulting from development of the site;

g. Analysis of site development alternatives;

h. A SEPA environmental checklist if the site is located within any of the

following:

i. Geologic Hazard Area

ii. Wetlands

iii. Riparian Habitat Area

5. A permit fee.

• Area Permit Approval Criteria.

An application for a critical area permit shall demonstrate compliance with all of

the following criteria in order to be approved:

1. The proposed alteration, activity or development proposal must satisfy all

standards for alterations, activities or development in critical areas, as set forth in this

chapter;

2. The proposed mitigation shall be supported by sufficient evidence to

demonstrate that the mitigation will protect the critical area, and ensure no net loss of

critical habitat value or functions; and

3. The proposed alteration, activity or development proposal shall be consistent

with all other applicable codes.

• Issuance of Critical Area Permit.

Decisions on critical areas permits are made by the same authority as the

underlying development application. The critical areas permit shall be approved,

approved with conditions or denied based on the above criteria. The decision on a

critical area permit shall be in writing and shall be supported by written findings of fact

and conclusions. Appeals of Critical Area Permit decisions shall follow the process set

forth in 15.02.190 of this Chapter.

15.02.105 Relationship to other regulations.

Areas characterized by a particular critical area may also be subject to other regulations due to the overlap of multiple functions of critical areas. In the event of any conflict between these regulations and any other regulations of the city the regulations which provide the greater protection for critical areas shall apply. No permit granted pursuant to this chapter shall remove applicant's obligation to comply in all respects with the applicable provision of any other federal, state or local law or regulation.

15.02.110 Critical area inventory maps.

A. The approximate location and extent of critical areas and lands within the city planning area are shown on the maps adopted as part of this chapter. These maps are based on the best available information and are intended to be used as a general guide for the assistance of property owners and as information for the public. Boundaries are generalized; field investigation and analysis by the City may be required to confirm the existence of a critical area. The city will update information and resource material when new data is available and updates are feasible.

B. In the event of any conflict between the location, designation or classification of a critical area shown on the city maps and the criteria or standards of this section, the criteria, standards and determination of any field investigation shall prevail.

Table 15.02.110-1

Summary of Map Sources

15.02.120 Critical area wetlands.

Wetland physical functions include but are not limited to:

• flood control functions
• fish and wildlife habitat environments
• ground and surface water aquifer recharge functions
• sediment retention and pollution control functions

A. Wetland Classification: Wetlands shall be rated according to the Department of

Ecology's publication titled Wetlands Rating System for Western Washington (publication No.

93-074, 1991) ,which is based on the Washington State Four-Tier Wetlands Rating System, and

regulated according to the threshold outlined in Section B, below.

1. Category 1. Documented site-specific habitat for state listed endangered,

threatened or sensitive animal species. WAC 232-12-011.

2. Category 2.

a. High quality, regionally rare, wetland with irreplaceable ecological functions; or

b. Complex wetlands of three or more wetland types which cannot be replicated

through newly created wetlands or restoration; or

c. Wetlands improved or enhanced by agency approved mitigation projects.

3. Category 3. Wetlands of sufficient characteristics to provide any of the following:

a. Flood control functions; or

b. Ground and surface water aquifer recharge function; or

c. Fish and wildlife habitat; or

d. Water quality attributes for sediment retention and pollution control.

e. Wetlands of any size created as a result of agency approved/permitted mitigation projects.

4. Category 4.

a. Wetlands dominated by nonnative, invasive plant species;

b. Wetlands two acres or larger which are not classification 1, 2, 3 or 4a wetlands.

B. Wetland Designation. For the purposes of this chapter, "regulated wetland designation for minimum size" is as follows:

Wetland Classification Minimum Size

Category 1 No minimum size

Category 2 No minimum size

Category 3 No minimum size

Category 4(a) 1 acre

Category 4(b) 2 acres

C. Development Limitations--Alterations of Wetlands. Regulated

development, as described in Section 15.02.060, shall conform with and be governed

by the following:

1. Alteration of category 1 wetlands is prohibited unless the alteration would

improve or maintain the existing wetland function and value, or the alteration would

create a higher value or less common wetland type which would improve the functions

or values of the wetland as indicated within the wetland technical study and the

mitigation plan, developed by a qualified wetland professional.

2. Alteration of category 2 and 3 wetlands may be allowed only when it is

demonstrated, by a qualified wetland professional, through a wetlands site assessment

that any of the following criteria are met:

a. Public benefit will accrue through the alteration; or

b. No reasonable and practical alternative to the alteration exists through on-site design; or

c. The alteration would improve or maintain the existing wetland function and value, or the alteration would create a higher value or less common wetland type with more functions and values as indicated within the wetland technical study and the mitigation plan.

3. Alteration of category 4(a) and 4(b) regulated wetlands may be allowed if

adequate alternatives cannot be identified during the site plan review process and

other state and federal regulatory agencies concur with the alteration.

D. Wetland Buffers.

The purpose of a buffer is to provide appropriate protection to any identified

wetland to maintain the structure, function, and values of the wetland system.

1. Buffers are required for all regulated wetlands (see Definitions for "regulated

wetland" definition). Wetland buffer widths are established, based on the wetland

category and the land use intensity adjacent to it (as determined by the city zoning

code), as follows:

Table 15.02.120-1

Wetland Buffers

2. Buffer widths shall be measured perpendicular to the delineated

boundaries of the regulated wetland and extend horizontally the required distance.

3. Variable buffer widths as set forth in 15.02.120(D)(1) and Table

15.002.120-1 are intended to protect the wetlands physical functions based on:

a A complete mapping of the wetland category unit on which the regulated

wetland is located shall be submitted for approval by the city, and

• Following a site visit by a qualified wetland, wildlife and fish habitat

professional, a report shall be submitted to the city, which evaluates the impact of

current and proposed land uses on the regulated wetland site, and how the selected

buffer width will minimize or reduce those impacts (See Appendix C.)

4. Buffer widths intended to protect the wetland and associated fish and

wildlife habitat shall be based on the Table in Section 15.02.120-1

5. Buffer widths may be reduced on a case-by-case basis when it is

determined to the satisfaction of the City that a smaller area is adequate to protect

the wetland functions and values based on site-specific characteristics. Applicants for

a "buffer width reduction request" shall submit to the City a Wetland Report as

described in Appendix "C" of this ordinance at the same time they submit all

other development applications. In no case shall the standard buffer width be

reduced by more than twenty-five percent (25%), or the buffer width be less than fifty

(50) feet except for buffers between Category IV wetlands and low or moderate

intensity land uses. The City shall require a two-year monitoring program to be

developed to the satisfaction of the City. The monitoring program shall require

that quarterly "reports" be submitted to the City for evaluation and approval.

Subsequent corrective actions may be required if adverse impacts to wetlands are

discovered during the monitoring period. The following information must be placed

in the "wetland report" supporting the reduction of any buffer:

• The wetland report provides sound rationale for the reduced buffer based on the best available science. The rationale is supported by the Washington State Department of Ecology and the Department of Fish and Wildlife.
• The existing buffer area is well-vegetated with native species and has less than ten percent (10%) slopes; and
• No direct or indirect, short-term or long-term, adverse impacts to wetlands are identified by the Washington State Department of Ecology or the Department of Fish and Wildlife, resulting from the proposed reduction of the wetland buffer and the subsequent proposed development of the site in question.

E. Buffer Width Alterations - Wetland Variances & Width Averaging:

1. Requests for variances to the wetland buffer widths may be applied for in

accordance with procedures as set forth in Kalama Municipal Code section 17.52.030

Application.

2. The city's Hearing Examiner, may grant variances from the regulated buffer

widths as set forth in this ordinance, provided , that the applicant has not applied for

a wetland buffer width reduction, and where it can be shown, through a report

prepared by a qualified wetlands professional that granting the variance will not

negatively impact the required.enhancements, functions and values of the wetland the

buffer it is intended to protect.

3. One of the ways that the buffer widths may be modified or altered is by

averaging (decreasing or increasing) the buffer width. For example, if the widest width

in a proposed buffer is 50 feet and the narrowest width is 25 feet, the average width

would be 37 feet, 6 inches wide.

4. The Hearings Examiner can grant the buffer width averaging only if the

applicant can demonstrate to the city through a report as set forth in subsection D-

Buffer Width Reductions, of this ordinance prepared by a qualified wetlands

specialist, all of the following:

• The buffer width averaging will not adversely impact the function and/or values of the wetland;
• Low intensity land uses will be adjacent to the reduced buffer widths;
• The total area contained within the averaged buffer is equal to the required minimum within the standard buffer;
• In no instance will the buffer width be reduced more than 50 percent or be less than 50 feet for any storm water drainage-way or a wetland site; and
• The buffer area proposed to be designated in buffer width averaging shall be

contiguous to the original buffer area and shall not include on-site septic

systems, public or private roadways, structures, or above ground utilities.

Existing disturbed areas may not be approved for use as a buffer averaging

area.

F. Activities Allowed in a Wetland Buffer Zone.

Activities within a buffer zone may be allowed if prior to undertaking any activity in the buffer zone, the applicant shall demonstrate that the activity has no adverse impact on the function of buffer zones. Examples include: educational or scientific projects, non-motorized recreation, and utilities. Such activities or projects shall be consistent with the wetland development limitations and mitigation standards set for the buffered wetland. Prior to engaging in any activity the applicant shall submit documentation to the City that demonstrates the activity has:

1. Minimized the buffer impact on regulated wetlands;

2. Fully mitigated or compensated for all buffer alterations on regulated wetlands.

G. Wetland Mitigation Standards

1. Mitigation for alterations to wetlands shall achieve equivalent or greater

biologic functions. Mitigation plans shall be consistent with the Department of Ecology Guidelines for Developing Freshwater Wetlands Mitigation Plans and Proposals, 1994, as revised.

2. Wetland mitigation actions shall not result in a net loss of wetland areas

except when the following criteria are met:

• The lost wetland area provides minimal functions and the mitigation action(s) results in a net gain in wetland functions as determined by a site-specific function assessment; or



• The loss of wetland area provides minimal functions as determined by a site-specific function assessment and other replacement habitats provide greater benefits to the functioning of the watershed, such as riparian habitat restoration and enhancement.

• Mitigation actions shall address functions affected by the alteration to achieve functional equivalency or improvement, and shall provide similar wetland functions as those lost except when:

• The lost wetland provides minimal functions as determined by a site-specific function assessment and the proposed mitigation action(s) will provide equal or greater functions or will provide functions shown to be limiting within a watershed through a formal watershed assessment plan or protocol; or



• Out-of-kind replacement will best meet formally identified regional goals such as replacement of historically diminished wetland types.

• Mitigation actions that require compensation by replacing, enhancing or

substitution, shall occur in the following order of preference:

• Restoring wetlands on upland sites that were formerly wetlands.



• Creating wetland on disturbed upland sites such as those with vegetative cover consisting primarily of exotic introduced species.



• Enhancing significantly degraded wetlands.



• Preserving high-quality wetlands that are under imminent threat.

• Mitigation actions shall be conducted within the same sub-drainage basin and

on the site as the alteration except when all of the following apply:

• There are no reasonable on-site or in sub-drainage basin opportunities or on-site and in sub-drainage basin opportunities do not have a high likelihood of success due to development pressures, adjacent land uses, or on-site buffers or connectivity are inadequate;



• Off-site mitigation has a greater likelihood of providing equal or improved wetland functions than the impacted wetland; and
• Off-site locations shall be in the same sub-drainage basin and the same Water Resource Inventory Area (WRIA) unless:



• The impact is located near the boundary of a WRIA;



• Established regional or water shed goals for water quality, flood or conveyance, habitat or other wetland functions have been established and strongly justify location or mitigation at another site.

• Where feasible, mitigation projects shall be completed prior to activities that

will disturb wetlands. In all other cases, mitigation shall be completed immediately following disturbance and prior to use or occupancy of the activity or development. Construction of Mitigation projects shall be timed to reduce impacts to existing wildlife and flora.

The City may authorize a one-time temporary delay, up to one-hundred-twenty (120) days, in completing minor construction and landscaping when environmental conditions could produce a high probability of failure or significant construction difficulties. The delay shall not create or perpetuate hazardous conditions or environmental damage or degradation, and the delay shall not be injurious to the health, safety, and general welfare of the public. The request for the temporary delay must include a written justification that documents the environmental constraints that preclude implementation of the mitigation plan. The justification must be verified and approved by the City, and include a bond in the form approved by the City Attorney.

• Mitigation Ratios

• The following ratios shall apply to creation or restoration that is in-kind, on-

site, the same category, timed prior to or concurrent with alteration, and has a high probability of success. These ratios do not apply to remedial actions resulting from unauthorized alterations; greater ratios shall apply in those cases.

Table 15.02.120-2

b. The City may increase the ratios under the following circumstances:

• Uncertainty exists as to the probable success of the proposed restoration or creation; or



• A significant period of time will elapse between impact and replication of wetland functions; or



• Proposed mitigation will result in a lower category wetland or reduced functions relative to the wetland being impacted; or



• The impact was an unauthorized impact.

• The City may decrease these ratios under the following circumstances:



• Documentation by a qualified wetlands specialist demonstrates that the proposed mitigation actions have a very high likelihood of success;



• Documentation by a qualified wetlands specialist demonstrates that the proposed mitigation actions will provide functions and values that are significantly greater than the wetland being impacted; or



• The proposed mitigation actions are conducted in advance of the impact and have been shown to be successful.

• Wetlands enhancement as mitigation

• Impacts to wetlands may be mitigated by enhancement of existing

significantly degraded wetlands. Applicants proposing to enhance wetlands must produce a critical area report that identifies how enhancement will increase the functions of the degraded wetland and how this increase will adequately mitigate for the loss of wetland area and function at the impact site. An enhancement proposal must also show whether existing wetland functions will be reduced by the enhancement actions.

• At a minimum, enhancement acreage shall be double the acreage required

for creation or restoration under subsection 7. The ratios shall be greater than double the required acreage where the enhancement proposal would result in minimal gain in the performance of wetland functions and/or result in the reduction of other wetland functions currently being provided in the wetland.

• Impacts to wetlands may be mitigated by preservation of wetland areas,

• Preservation as mitigation is acceptable when done in combination with

restoration, creation or enhancement providing that a minimum of 1-to-1 acreage replacement is provided by restoration or creation and the criteria below are met.

• The impact area is small, and/or impacts are to a Category III or IV wetland;



• Preservation of high quality system occurs in the same Water Resource Inventory Area (WRIA) or watershed basin as the wetland impact;



• Preservation sites include buffer areas adequate to protect the habitat and its functions from encroachment and degradation; and



• Mitigation ratios for preservation in combination with other forms of mitigation shall range from 10-to-1 to 20-to-1, as determined by the City, depending on the quality of the wetlands being mitigated and the quality of the wetlands being preserved.

• Preservation of at-risk, high-quality habitat may be considered as the sole

means of mitigation for wetland impacts when all of the following criteria are met:

• Preservation is used as a form of mitigation only after the standard sequencing of mitigation (avoid, minimize, and then compensate) has been applied;
• Creation, restoration, and enhancement opportunities have also been considered, and preservation is the best mitigation option;



• The impact area is small and/or impacts are to a Category III or IV wetland;

• Preservation of a high quality system occurs in the same Water Resource Inventory Area (WRIA) or a watershed where the wetland impact occurs;



• Preservation sites include buffer areas adequate to protect the habitat and its functions from encroachment and degradation;



• The preservation site is determined to be under imminent threat, specifically, sites with the potential to experience a high rate of undesirable ecological change due to on- or off-site activities. ("Potential" includes planned, or likely actions that are not adequately protected under existing regulations ( for example, logging of forested wetlands); and



• The area proposed for preservation is of high quality and critical for the health of the watershed or basin. Some of the following features may be indicative of high quality sites:

• Category I or II wetland rating;



• Rare wetland type (for example, bogs, mature forested wetlands, estuaries);



• Habitat for threatened or endangered species;



• Wetland type that is rare in the area;



• Provides biological and/or hydrological connectivity;



• High regional or watershed importance (for example, listed as priority site in watershed plan); and



• Large size with high species diversity (plants and/or animals) and/or high abundance.

c. Mitigation ratios for preservation as the sole means of mitigation shall range

from 10-to-1 to 20-to-1, as determined by a qualified wetlands expert, depending on the quality of wetlands being mitigated and the quality of the wetlands being preserved.

• Wetland Delineation. For the purposes of this ordinance, wetland

delineations shall be performed in accordance with the procedures as specified in the Washington State Wetlands Identification and Delineation Manual, as developed by the Washington State Department of Ecology, March 1997 and based on "Corps of Engineers Wetlands Delineation Manual" (1987).

15.02.130 Fish and wildlife habitat conservation areas.

A. Designation of Critical Fish and Wildlife Habitat Conservation Areas.

Critical fish and wildlife habitat conservation areas are designated according to the classifications in the following Table 15.02.130-1:

Table 15.02.130-1

Riparian Habitat Areas. Unless otherwise allowed in this Title, all structures and activities shall be located outside of the riparian habitat areas.

• Establishment of riparian habitat areas. Riparian habitat areas shall be

established for habitats that include aquatic and terrestrial ecosystems that mutually benefit each other, and that are located adjacent to rivers, perennial or intermittent streams, drainage ways, seeps, and springs.

• Riparian habitat area widths. Riparian habitat area widths are shown in

the table in KMC Section 15.02.120-02. A riparian habitat area shall have the width specified unless a greater width is required pursuant in Subsection K or a lesser width is allowed pursuant to Subsection L. Widths shall be measured outward in each direction, on the horizontal plane, from the ordinary high water mark. Riparian areas should be sufficiently wide to achieve the full range of riparian and aquatic ecosystem functions, which include but are not limited to protection of instream fish habitat through control of temperature and sedimentation in streams; preservation of fish and wildlife habitat; and connection of riparian wildlife habitat to other habitats

Table 15.02.130-02

Riparian Habitat Areas

C. Buffer Widths for Fish and Wildlife Habitat Areas: Buffer widths that are

designed for the protection of the functions of fish and wildlife habitat will be regulated by Table 15.02.120-2, unless a report is submitted and accepted by the City of Kalama, prepared by a qualified Fish and Wildlife habitat professional, which provides for a different buffer width that will achieve the same functions and values as the buffer widths set forth in this ordinance.

• Development Performance Standards. Regulated development, as

described in Section 15.02.060, shall conform and be governed by the following items in this subsection, and in subsections C through I of this section. When impacts to critical fish and wildlife habitat cannot be avoided, the performance standards contained in this section shall be used to develop plans submitted for regulated activities. Critical area permits within fish and wildlife habitat conservation areas may be approved with conditions, approved or denied based on the following performance standards.

1. Develop a habitat site plan and design scheme showing the following:

a. Locate buildings and structures in a manner that preserves the habitat or minimizes adverse impacts

b. Consolidate habitat and vegetated open space in contiguous blocks, and where possible locate habitat contiguous to other habitat, open space or landscaped areas to contribute to a continuous system or corridor that provides connections to adjacent habitat areas;

c. Use native species in any landscaping of disturbed or undeveloped areas and in any enhancement of habitat or buffers;

d. Emphasize diversity in selection of plant materials and structure of landscaping;

e. Remove and/or control any noxious, or undesirable species of plants as identified by the Cowlitz County weed control board;

f. Demonstrate how existing trees will be preserved, preferably in groves;

g. Preserve and introduce native plant species which serve as food, shelter from climatic extremes and predators, and structure and cover for reproduction and rearing of young for critical wildlife;

h. Preserve the natural hydraulic and ecological functions of drainage systems;

i Preserve critical fish and wildlife habitat areas through maintenance of stable channels, adequate low flows, management of stormwater runoff, erosion and sedimentation;

j Manage access to critical fish and wildlife habitat areas to protect species which are sensitive to human disturbance;

k. Maintain or enhance water quality through control of runoff and use of best management practices.

• Habitat Management Plan--Classification 1 Only. A habitat management plan (Appendix D) will be required if the regulated activity is within a classification 1 habitat area, or identified within one thousand three hundred (1300) feet of a from endangered, threatened, candidate or sensitive species point or habitat locations in classification 1 habitat area.
• Habitat Management Plan Requirements.

1. The habitat management plan will be prepared by a qualified professional. (See Appendix D at the end of this chapter).

2. Habitat management plans will be sent to the Washington State Department of Fish and Wildlife and other appropriate state and federal agencies for comment with the SEPA checklist.

G. Habitat Protection for Classification 2. (Table 15.02.130-1) Protection for these habitat areas shall be through the development performance standards in this section in coordination with the Washington State Department of Fish and Wildlife.

H Habitat Protection for Classification 3 and 4. (Table 15.02.130-1) Protection of these areas shall be coordinated with the Washington State Department of Fish and Wildlife.

I. Habitat Protection for Classification 5, 6 and 7 and 9. (Table 15.02.130-1) These classifications shall require protective buffers or riparian Habitat Areas as shown on Table 13.02.120.02 of this ordinance. Activities within these areas and buffers will require a critical areas permit. Within Classification 6 - Type 1, 2, 3, 4, and 5 waters shall also be protected as defined in WAC's 222-16-030 & 031, Forest Practices Board, Definitions.

J. Habitat Protection for Classification 8. Protection for state natural area preserves and natural resource conservation area habitat is achieved by the Washington State Department of Natural Resources.

K. Habitat Protection for Classification 9. Protection for habitat provided by unintentionally created ponds shall be through the performance standards in this section.

L. Increased riparian habitat area widths. The recommended riparian habitat

area widths shall be increased, as follows:

• When the environmental review determines that the recommended width is insufficient to prevent habitat degradation and to protect the structure and functions of the habitat area;
• When the frequently flooded area exceeds the recommended riparian habitat area width, the riparian habitat area shall extend to the outer edge of the frequently flooded area;
• When the channel migration zone exceeds the recommended riparian habitat area width, the riparian habitat area shall extend to the outer edge of the channel migration zone.
• When the habitat area is in an area of high blowdown potential, the riparian habitat area shall be expanded an additional fifty (50) feet on the windward side; and
• When the habitat area is with an erosion or landslided hazard area, or buffer, the riparian habitat area shall be the recommended distance, or the erosion or landslide hazard area or buffer, whichever is greater.

M. Riparian Habitat Area Width Averaging. The City may allow the recommended riparian habitat area width to be reduced in accordance with critical area report prepared by a qualified professional only if:

• The width reduction will not reduce stream or habitat functions, including those of nonfish habitat;
• The width reduction will not degrade the habitat, including habitat for anadromous fish;
• The proposal will provide additional habitat protection;
• The total area contained in the riparian habitat area of each stream on the development proposal site is not decreased;
• The recommended riparian habitat area width is not reduced by more than twenty-five percent (25%) in any one location;
• The width reduction will not be located within another critical area or associated buffer; and
• The reduced riparian habitat area width is supported by best available science.

N. Riparian habitat mitigation. Mitigation of adverse impacts to riparian habitat areas shall result in equivalent functions and values on a per function basis, be located as near the alteration as feasible, and be located in the same sub drainage basin as the habitat impacted.

15.02.140 Frequently flooded critical areas.

A. Frequently Flooded Area Classifications and Designation. All lands identified in the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps, as amended, and approved by the city, as within the one hundred-year floodplain are designated as frequently flooded areas. These maps are based on the following:

1. Flood Insurance Study - City of Kalama.

B. Development Limitations. All development within designated frequently flooded areas shall comply with the city of Kalama's floodplain management ordinance, Chapter 14.16, as now or hereafter amended.

15.02.150 Geologic hazard areas.

Geologically hazardous areas are those areas susceptible to erosion, sliding,

earthquake, or other geological events that pose a threat to the health and safety of

citizens when incompatible development is sited inareas of significant hazard. Areas

susceptible to one or more of the following types of hazards shall be designated as a

geologically hazardous area:

• Erosion hazard
• Landslide hazard
• Seismic hazard
• Mine hazard
• Other geological events

• Classifications of Geologically Hazard areas. Geologic hazard areas fall

within two classifications:

1. Areas of Geological Concern. Slopes between fifteen percent to thirty

percent or areas where there is documentation that geological hazard exists.

2. Areas of Potential Geological Hazard. Slopes greater than thirty percent,

or areas where no documentation exists as to the presence or absence of a geological

hazard.

B. Additional Requirements for Geologically hazardous

areas.

• A critical areas report for a geologically hazardous area shall be prepared

by a qualified engineer or geologist, licensed in the state of Washington, with

experience analyzing geologic, hydrologic, and ground water flow and has experience

preparing reports for the relevant type of hazard.

C. Designations of specific hazard areas

• Areas of Historic Failure.

• Areas of historic failure, such as areas designated as quaternary slumps, earthflows, mudflows or landslides; or
• Area with any of the following:

i Slope greater than fifteen percent, and

ii Steep hillsides intersecting geologic contacts with a relatively permeable sediment overlying a relatively impermeable sediment or bedrock, and

iii Springs or ground water seepage;

iv Slopes that are parallel or sub-parallel to planes of weakness; such as bedding planes, joint systems, and fault planes;

v. Slopes having gradients greater than eighty percent and subject to rockfall during seismic shaking;

• Areas potentially unstable as a result of rapid stream incision, stream bank erosion, and undercutting by wave action;
• Areas located in a canyon, on an active alluvial fan, or that are presently subject to inundation by debris flows or catastrophic flooding;
• Areas identified as being unstable or very unstable on Department of Natural Resources soils based stability maps. (Washington State Department of Natural Resources);
• Steep slopes that are greater than thirty percent and higher than ten feet;
• Areas that include soil creep which is a gradual movement of soil in response to gravity and weather. Severe soil creep can be an indicator of future landslide activity.

• Erosion Hazard. Erosion hazard areas are those areas identified by the

presence of soils which are recognized as having a severe erosion hazard by the

U. S. Department of Agriculture Soil Conservation Service, Cowlitz Area, Washington.

• Seismic Hazard Areas. For the purposes of this classification, a seismic

hazard area is any area indicated by a zone 2B or higher rating as defined by the

Seismic Risk Map of the United States, adopted by the Washington State Legislature

and defined in the Uniform Building Code (UBC).

• Mine Hazard Areas. For the purposes of this classification, mine hazard

areas are:

a Abandoned mines, shafts, tunnels and/or workings where locations are known.

• Abandoned mines, shafts, tunnels and/or workings where exact locations are unknown, but based upon the best available information that there is good cause to believe it is within an area which may be reasonably delineated.
• Abandoned powder magazines or bunkers.

• Development Standards

• Development Standards for Landslide Hazard and Erosion Hazard

Designations. Any area identified as potential geological hazard for landslides and

erosion will require further studies and methods of mitigation prior to any consideration

of development in the area. Any allowed or regulated activity on areas identified as

landslide or erosion hazards or their buffers shall conform to the following

standards:

• Grading. The city has adopted Chapter 33 of the Appendix to the 1997 Uniform Building Code, Excavation and Grading. The applicable section in the latest version of the Building Code adopted by the City applies unless the activity is exempted, an excavation and grading permit is required.
• Clearing, grading and other construction activities shall not aggravate or result in slope instability or surface sloughing.
• Slope disturbance shall be minimized. Clearing, grading or filling of sloped areas containing landslide or erosion hazard areas shall be limited to the period between April 1st and October 1st, unless the applicant provides an erosion control plan (approved by the City) that specifically identifies methods of erosion control for wet-weather conditions.
• All authorized clearing for roads and utilities shall be limited to the minimum necessary to construct the engineered design.
• Undergrowth and vegetation shall be retained to the maximum extent feasible.
• No dead vegetation or other foreign material shall be placed within landslide or erosion hazard areas, other than approved for bank stabilization or if such grading is consistent with authorized activities specified in a geological report.

b. Erosion Control. Compliance with Kalama Municipal Code Chapter 14.18,

Erosion Control, is required and includes the use of best management practices (BMP)

• Disturbance of trees and vegetation shall be minimized to reduce erosion and maintain existing stability of hazard areas.

• Vegetation removal on the slopes of waterways between the ordinary high-water mark and the top of the banks shall be minimized because of the potential for erosion.

iii Vegetation and organic soil material shall be removed from fill sites prior to the placement of fill.

iv. Thinning of limbs of individual trees is preferred over tree removal as a means to provide view corridors.

• Vegetative cover or engineered ground covers shall be placed on any disturbed surface to the extent feasible.

• Drainage - Surface drainage, including downspouts, shall not be directed across the face of a hazard area. If drainage must be discharged from the top of a hazard area to its toe, it shall be collected above the top and directed to the toe by tight line drain. An energy dissipating device at the toe for discharge to a swale or other acceptable natural drainage areas.
• Stormwater retention and detention systems, including percolation systems utilizing buried pipe, are prohibited unless a geological report determines slope stability shall not be affected. The systems shall be designed by a qualified professional. The qualified professional shall also certify that the systems are installed as designed.
• The proposed project will not increase the rate of surface water discharge or sedimentation and will not decrease the adjacent property slope stability.
• Setbacks. A hazardous area setback is required from the top, toe and along all sides of any existing landslide or erosion hazard areas, as determined in the geological report,

• Based on the results of the geological report, the city may increase or decrease the setback as indicated.
• The setback shall be clearly staked before and during any construction or clearing.

• Sanitary Sewage Lines. For the purpose of landslide or erosion control, the sanitary sewage lines shall be located outside of the hazard area buffer, unless otherwise justified by a qualified professional and approved by the City. The placement of all sanitary sewage lines must be in compliance with all local government health regulations.
• Design Guidelines

• Structures should be clustered where possible to reducedisturbance and removal of vegetation.
• Foundations shall be stepped to the contours of the slope to the extent possible.
• Roads, walkways and parking areas should be designed to parallel the natural contours of the site.
• Development proposals shall be designed to minimize the impacts of the project resulting in the least disturbance to the adjacent affected areas.

• Development Standards--Seismic Hazard Areas. All development within areas that meet the classification for seismic hazard areas shall comply with the the latest version of the Building Code adopted by the City.

• Development Standards--Mine Hazard Areas. Development adjacent to a mine hazard is prohibited unless the applicant can demonstrate the development will be safe. If a proposal is located adjacent to a mine hazard area, a geological report may be required.

• Maps that illustrate critical areas include, but are not limited to:

• Soil Conservation Service, Cowlitz Area Soil Survey, February, 1974;
• Geologic hazard map developed by Cowlitz-Wahkiakum Council of Governments, 1993;
• Federal insurance rate maps for Cowlitz County, FEMA 1993-1994;
• Washington Department of Natural Resources, Soils Based Slope Stability Map.

15.02.160 Critical aquifer recharge areas.

A. Classification--Critical Aquifer Recharge Areas. For the purposes of this classification, the critical aquifer recharge areas are determined by the combined effects of soil types and hydrogeology. (Critical Aquifer Recharge Map, Cowlitz-Wahkiakum Council of Governments, 1993).

1. Classification 1. High susceptibility areas, identified on the aquifer recharge map, with a very high susceptibility to contamination of the underlying aquifer due to high soil permeability and high water table.

B. Regulated Activities--Classification 1. The following activities are regulated or prohibited in classification 1, critical aquifer recharge areas:

1. Solid Waste Disposal Facilities, Junkyards, etc. Landfills, junkyards, salvage yards, auto wrecking yards, and other solid waste disposal facilities, except those for the disposal of brush and stumps, sawdust, and inert construction debris.

2. Aboveground and Underground Storage Tanks and Vaults. Aboveground or underground storage tanks or vaults for the storage of hazardous substances or dangerous wastes as defined in WAC 173-303, Dangerous Waste Regulations, or any other substances, solids or liquids in quantities identified by the county health department, consistent with WAC 173-303, as a risk to groundwater quality, shall conform to the City's adopted Fire Code and WAC 173-360, Underground Storage Tank Regulations.

3. Utility Transmission Facilities. Utility facilities which carry liquid petroleum products or any other hazardous substance as defined in WAC 173-303.

4. Land Divisions. Subdivisions, short subdivisions and other divisions of land will be evaluated for their impact on groundwater quality within the classification 1 aquifer recharge areas. The following measures may be required:

a. An analysis of the potential contaminate loading;

b. Alternative site designs, phased development and/or ground water quality monitoring;

c. Open spaces within development proposals.

C. Hydrogeologic Testing and Site Evaluation.

1. Hydrogeologic testing and site evaluation may be required for any regulated activity. If federal or state regulations require hydrogeologic testing, the city may waive the requirement for additional testing provided the staff has adequate factual information to evaluate the proposal.

2. If hydrogeologic testing and site evaluation are required, they shall be conducted by a qualified professional and must include but are not limited to the requirements in Appendix E, at the end of this chapter.

3. Development which negatively impacts the quality of any classification 1, critical aquifer recharge area shall be prohibited unless the hydrogeologic testing and site evaluation satisfactorily demonstrate that adverse impacts will be mitigated.

15.02.170 Mitigation plan performance standards.

A. Mitigation Planning Requirements. All critical areas mitigation projects required pursuant to this chapter either as a permit condition or as the result of an enforcement action shall follow a mitigation plan prepared by or on behalf of the applicant and approved by the City Council (Refer to Section 15.02.120(I) of this ordinance for Wetland Mitigation Standards.)

B. When a mitigation plan is required, the Planning Commission shall hold a public hearing. Prior to the public hearing, resource agencies shall be notified of the mitigation plan and any comments shall be considered by the planning commission during the public hearing. The City Council shall make the final decision on the mitigation plan, which shall be based on satisfaction of the following standards:

1. The mitigation plan shall be prepared by an applicant or qualified professional.

2. The mitigation plan shall include:

a. An assessment of the existing function and values of the critical area;

b. The functions and values that will be lost;

c. The critical area's expected functions and values after mitigation.

3. Objectives shall be stated in measurable terms, if feasible.

4. The mitigation plan shall specify and describe how functions and values will be replaced.

5. The mitigation plan shall include provisions for monitoring the mitigation area as reasonably necessary to determine whether stated objectives have been accomplished. A contingency plan shall be included in the event the stated objectives are not accomplished.

6. Mitigation shall be provided on-site, except where on-site mitigation is not scientifically feasible, economical or practical due to physical features of the property. The burden of proof shall be on the applicant to demonstrate that mitigation cannot be provided on-site.

7. When mitigation cannot be provided on-site, mitigation shall be provided in the immediate vicinity of the permitted activity on property owned or controlled by the applicant where such mitigation is practical and beneficial to the critical area and associated resources. Where possible, this means within the same hydrologic unit as the location of the proposed project.

C. Restoration shall be required when a critical area has been altered by the landowner after the adoption of the critical areas ordinance and prior to project approval or when a critical area is temporarily affected by construction or any other temporary phase of a project.

15.02.180 Reasonable Use Exception.

If an applicant asserts that the application of this chapter would deny him

reasonable use of his property, the applicant may apply for a reasonable use

exception. A reasonable use exception is intended to address those cases in which the

application of this chapter unreasonably restricts all economic use of parcel of land and

the restriction cannot be remedied by other authorized techniques or conditions.

A. Only the City Council is authorized to issue reasonable use exceptions

under this code. A request for a reasonable use exception shall be made on forms provided by the City Clerk/Treasurer and shall contain the following information:

1. That the application of this chapter to the subject property will deny all reasonable economically viable use of the subject property otherwise allowed by applicable law; and

2. That because of special circumstances applicable to the subject property including size, shape, topography and location, the application of this chapter would result in unwarranted hardship; and

3. That a strict application of this chapter will deprive the land owner of rights commonly enjoyed by other properties in similar areas with the critical area or buffer; and

4. That the granting of a reasonable use exception will not confer upon a land owner a special privilege that would be denied by the terms of this chapter to other lands or structures with a critical area or buffer that are of a similar nature or circumstance; and

5. That as a result of the proposed development varying from the terms of this chapter there will be no threat to the public health, safety or welfare on or off the subject property; and

6. That the request is not based upon conditions or circumstances which are

the result of actions by the current or previous land owners or that the request arises from any condition related to land or building use, either permitted or nonconforming, on any neighboring property. Such conditions or circumstances include:

a. Prior subdivision or segregation of the subject property, or changes to the boundaries of the subject property through a boundary line adjustment or otherwise; or

b. Prior actions taken in violation of this chapter or any local, state or federal law or regulation; or

c. Natural constraints of the subject property that would otherwise preclude the proposed development activities.

7. Before an application for a reasonable use exception is acted upon , a

review of the application, for completeness and clarity shall be conducted by the City Planner and the finding shall be forwarded to the City Council

B. Any reasonable use exception granted shall be for the least intrusion into the critical area or buffer necessary to allow an economically viable use of the subject property; and

C. That any authorized alteration of a critical area or buffer under this section shall be subject to conditions established by the City Council in accordance with this chapter, and may require mitigation under an approved mitigation plan.

D. A Reasonable Use Exception Application may accompany an application

for development permit, along with any applicable fees.

15.02.190 Appeals.

An appeal of an administrative critical area determination or the administrative decision on a critical area permit may be made before the hearing examiner of the city per KMC Chapter 2.34. An appeal of any City Council decision on a critical area permit, mitigation plan or reasonable use exception may be made to the Superior Court of Cowlitz County pursuant to state law.

15.02.200 Enforcement

This chapter will be enforced as set forth in KMC Chapter 17.10.

15.02.210 Fees.

Fees for administering the provisions of this chapter shall be as set by resolution of the City Council. These fees are in addition to any other applicable application fees. Actual costs include but are not limited to, copies, postage, publication costs, city planner fees, and any outside consultant fees.

15.02.220 Liability for damages.

This chapter shall not be construed to hold the Kalama city council, or any officer or employee thereof, responsible for any damages to persons or property by reason of the certification, inspection or non-inspection of any building, equipment or property as herein authorized. The purpose of this code is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefitted by the terms of this code.

15.02.230 Review.

The effects and operations of this chapter shall be reviewed by the Kalama planning commission twelve months after the date of adoption. Subsequent reviews will be completed as necessary by the planning commission. The planning commission shall make recommendations for changes and amendments it deems necessary to the Kalama city council.

15.02.240 Adoption by Reference

Pursuant to RCW 35A.12.140, one copy of RCW 64.04.130; RCW 84.34.020(2); and RCW 76.09; and one copy of WAC 173.303; WAC 173.360; WAC 222; WAC 232-12-011; and WAC 365-195-900 are hereby adopted by reference, these statutes are on file with the Kalama City Clerk for use and examination by the public.

APPENDIX A

Critical Area Permits

If The Critical Area Determination reveals that there is a critical area(s) on or adjacent to the property subject to the underlying land use or development permit, an application for a critical area permit must be submitted. No development or activity may take place on the property within or adjacent to the critical areas except in conformance with this chapter and an issued critical areas permit. Coni: I recommend that the above paragraph be deleted so that no one thinks that it is the sum total of the prohibitions on development in critical areas. There could be a sentence referring the reader to the appropriate section of the code.

A complete application for a Critical Area Permit shall consist of the following:

• A detailed site plan drawn to scale. The site plan should clearly show the following

information:

a. North arrow,

b. Property boundary line and dimensions,

c. Location and dimensions of all existing and proposed development

or alternations, including public and private roads, sewer and water lines, wells, utilities, easements, water sources, lakes and springs, drainage facilities, onsite sewage disposal and drainfield areas, within the property boundary;

d. All critical areas, buffers and the development proposal with

dimensions;

• Limits of any areas to be cleared;

• A copy of the Determination of Critical Area issued by the City showing it having been recorded through the County Auditor's Office.

• A stormwater management plan for the project with consideration of the

drainage impacts based on "best management practices."

• Critical area report(s) addressing the specific critical area(s) on the site including all information as defined in the applicable appendix(s) B

through E. This report must also include the following:

• The date the report was prepared;
• The names, and qualifications of all person(s) preparing the report;
• The professional stamp of the person(s) preparing the report;
• The dates and documentation of any fieldwork preformed on the site;
• A statement verifying the accuracy of the report, as well as all assumptions relied upon in the report;

f. An assessment of the probable cumulative impacts to critical areas resulting from development of the site;

g. Analysis of site development alternatives;

h. A SEPA environmental checklist if the site is located within any of the following:

i. Geologic Hazard Area

ii. Wetlands

iii. Riparian Habitat Area

5. A permit fee.

APPENDIX B

Geological Hazard Area Reports

All areas found to contain or adjoin a geologically hazardous area as set forth in section 15.02.150 of this ordinance shall submit a critical areas report prepared by a qualified professional that contains an assessment of the geological hazards. All items requested must be addressed in the report. If an item is not applicable to an application then indicate NA and why it is not applicable. The reports shall include all of the following:

Part 1 - For all applications

• The applicant must submit all information required by KMC 15.02.090

(Appendix A).

• A description of the surface and subsurface geology, hydrology, soils, and vegetation found in the project area and in all hazard areas within two hundred (200) feet of the project sited shall be addressed in the report.
• Erosion vulnerability of site;
• A site plan of the area delineating the following:
• The type and extent of the geologic hazard areas, and any other critical areas and buffers on, adjacent to, within 200 feet of or that are likely to impact the proposal
• Proposed development, including the location of existing and proposed structures, fill, storage of materials, and drainage facilities, with dimensions indicating distances to the floodplain;
• Clearing limits.
• An overview of the existing channel or drainage-way characteristics and stream hydraulics at the subject property;
• An assessment of the probability for storm-induced erosion to occur along the drainage-way on the subject property and the estimated extent of the property that would be affected;
• A recommendation for the minimum no-disturbance buffer and minimum building setback from any geological hazard based upon the geological analysis.

Part 2 - For all applications involving large multiple lot developments such as subdivisions, small lot developments, planned unit developments, manufactured home parks, apartments or condominiums, or large commercial or industrial developments as well as any application for property located within or adjacent to a known geological hazard area. Additional information required:

• Topographic data - contour map of proposed site at a scale of 1":200', that clearly delineates the slopes between fifteen and twenty-nine percent and thirty percent and greater, including figures for area coverage of each slope category on the site.
• Subsurface data - boring logs and exploratory methods, soil and rock stratigraphy, ground water levels including seasonal changes.
• Site history - description of any prior grading, soil instability or slope failure.
• Seismic hazard - data concerning the vulnerability of the site to seismic events.
• Slope stability studies and opinion of slope stability;
• Proposed angles of cut and fill slopes and site grading requirements;
• Structural foundation requirements and estimated foundation settlements;
• Soil compaction criteria;
• Proposed surface and subsurface drainage;
• A cross-section map, drawn to scale and at five-foot contour intervals, from the edge of the stream or drainage-way or river's surface to the furthest landward boundary of the property, and including the proposed development.
• Lateral earth pressures;
• Suitability for fill;
• Laboratory data and soil index properties for soil samples; and
• Building limitations.
• Site evaluation: evaluation of the ability of the site to accommodate the proposed activity. Where a valid geological report has been prepared within the last five years for a specific site, and where the proposed activity and surrounding site conditions are unchanged, such report may be referenced in a new report.

APPENDIX C

Wetland Report

All areas found to contain or adjoin a wetland as set forth in section 15.02.120 of this ordinance shall submit a critical areas report prepared by a qualified professional. All items required by the report must be addressed in the report. If an item is not applicable to an application then indicate NA and why it is not applicable. The report shall include all of the following:

• The applicant must submit all information required by KMC 15.02.090

(Appendix A).

• An on-site wetland delineation performed by a qualified professional as defined section 15.02.050. The wetland boundaries shall be staked and flagged. The recommended wetland buffer shall be staked and flagged with different colored flags than those used for the wetland delineation;
• In addition to the requirements of appendix A the site plan shall include the following:
• Wetland boundaries based upon a wetland professional's delineation and depicting sample points and differing wetland types if any;
• Recommended wetland buffer boundary
• Internal property lines such as rights of way, easements, etc,
• Topographical variations.

4. The final report must include each of the following:

• Site characteristics including topography, total acreage, delineated wetland acreage, other water bodies, vegetation, soil types, etc., and distances to and sizes of other off-site wetlands and water bodies within one-quarter mile of the subject wetland;

• Identification of the wetland's classification as defined in this Chapter 15.02, including the rationale for selecting the wetland category;

• Analysis of functional values of existing wetlands, including flood control, water quality, aquifer recharge, fish and wildlife habitat, and hydrologic characteristics;

• A complete description of the proposed project and its potential impacts to the wetland and, if applicable, adjacent off-site wetlands, including construction impacts;

• Discussion of project alternatives including total avoidance of impacts to wetland areas;

• If mitigation for wetland impacts is proposed, a description and analysis of that mitigation;

• A wetland buffer recommendation and rationale for the buffer size determination and activities that could be and should not be allowed within the buffer zone.

APPENDIX D

Habitat Management Report Requirements.

All areas found to contain or adjoin a Habitat Conservation area as set forth in section 15.02.130 of this ordinance shall submit a critical areas report prepared by a qualified professional. All items required by the report must be addressed in the report. If an item is not applicable to an application then indicate NA and why it is not applicable. The report shall include all of the following:

• The applicant must submit all information required by KMC 15.02.090 (Appendix A).
• A description of state or federally designated endangered, threatened or sensitive fish or wildlife species, or species of local importance, on-site or adjacent to the subject property within a distance typical of the normal range of the species;
• A description of the critical wildlife habitat for the identified specifies known or expected to be located on site or immediately adjacent to the subject property;
• The site plan as required in Appendix A shall clearly identify and delineate critical fish and wildlife habitats;
• An evaluation of the project's effects on critical fish and wildlife habitat both on and adjacent to the subject property;
• A summary of any federal, state or local management recommendations which have been developed for the critical fish or wildlife species or habitats located at the site;
• A statement of measures proposed to preserve existing habitats and restore area degraded as a result of proposed activities;
• A description of proposed measures that mitigate the impacts of the project;
• An evaluation of on-going management practices which will protect critical fish and wildlife habitat after the project site has been fully developed, including proposed monitoring and maintenance programs of the subject property.

APPENDIX E

Aquifer Recharge Areas(15.02.160)

Hydrogeologic Testing and Site Evaluation.

If hydrogeologic testing and site evaluation are required, they shall be conducted by a qualified professional and include the following. All items required by the report must be addressed in the report. If an item is not applicable to an application then indicate NA and why it is not applicable.

1. A characterization of the site and its relationship to the aquifer and evaluation of the ability of the site to accommodate the proposed activity;

2. A discussion of the effects of the proposed project on ground water quality and quantity; and

3. Recommendations on appropriate mitigation, if any, to assure that there shall be no degradation of ground water quality or quantity.

In addition the testing and evaluation must include, but not be limited to, an analysis of:

• Geologic setting and soils information of site and surrounding area;
• Water quality data, including PH, temperature, conductivity, nitrates and bacteria;
• Location and depth to perched water tables;
• Recharge potential of facility site (permeability/transmissivity);
• Local ground water flow, direction and gradient;
• Surface water locations within one thousand feet of the site.

SECTION 3. Severability. If any section, subsection, paragraph, sentence,

clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance.

SECTION 4 This ordinance shall become effective five days after passage,

approval, and publication as provided by law.

Passed by the City Council of the City of Kalama at a regular meeting held on the 2^nd day of June, 2004.