"Anadromous"refers to fish that spawn and rear in freshwater and mature in saltwater.
"Applicant"means a person who applies for a permit, reasonable use exception, written exemption, and/or approval of a critical areas report from the city.
"Aquifer"means a geological formation capable of yielding water to a well or spring.
"Area of shallow flooding"means a designated Zone AO, AH, AR/AO or AR/AH (or VO) on a community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Also referred to as the sheet flow area.
"Area of special flood hazard"means land in the floodplain within the city subject to a one percent or greater chance of flooding in any given year. It is shown on the Flood Insurance Rate Map (FIRM) as Zone A, AO, AH, A1-30, AE, A99 or AR (V, VO, V1-30, VE). "Special flood hazard area" is synonymous in meaning with the phrase "area of special flood hazard."
"ASCE 24"means the most recently published version of ASCE 24, Flood Resistant Design and Construction, published by the American Society of Civil Engineers.
"Base flood"means the flood having a one percent chance of being equaled or exceeded in any given year.
"Basement"means any area of the building having its floor subgrade, or below ground level, on all sides.
"Best management practices"means those practices which provide the best available and reasonable physical, structural, managerial, or behavioral activity to reduce or eliminate pollutant loads and/or concentrations leaving the site.
"Breakaway wall"means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.
"Buffer"means an area contiguous to and required for protection of a critical area measured outward in each direction, on the horizontal plane from the delineated edge of the critical area.
"Conservation easement"means a legal agreement that the property owner enters into to restrict uses of the land in a manner that conserves natural functions.
"Critical facility"means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, and installations that produce, use, or store hazardous materials or hazardous waste.
"Development"means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, land disturbing activity, paving, or storage of equipment or materials within critical areas or associated buffers, including city approvals that establish patterns of use such as subdivisions, short subdivisions, rezones, and conditional use permits.
"Development factor"means the number used in a limited density transfer to calculate modified net acres for calculating the number of housing units that may be built on a parcel or parcels partially encumbered by a critical area.
"Ecosystem"means a spatially explicit unit of the Earth that includes all of the organisms, along with all components of the abiotic environment. Ecosystems have composition, structure, and functions.
"Ecosystem function"means (1) the process or the cause-effect relationship underlying two or more interacting components, e.g., terrestrial plant material as food/substrate for aquatic invertebrates; (2) the sum of processes that sustain the system; and (3) the capacity of natural processes and components to provide goods and services that satisfy human needs, either directly or indirectly. Ecosystem functions can be conceived as a subset of ecological processes and ecosystem components and structure.
"Ecosystem process (or ecological process)"means the complex interactions between biotic (living organisms) and abiotic (chemical and physical) components of ecosystems through the universal driving forces of matter and energy.
"Ecosystem structure"means the arrangement of and relations among the parts or elements (components) of an ecosystem.
"Elevated building,"for insurance purposes, means a nonbasement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns.
"Elevation certificate"means an administrative tool of the National Flood Insurance Program (NFIP) that can be used to provide elevation information, to determine the proper insurance premium rate, and to support a request for a Letter of Map Amendment (LOMA) or Letter of Map Revision based on fill (LOMR-F).
"Environmental impact remediation"means the reduction of a pollutant in contaminated soil, groundwater, or surface water, the purpose of which is both to reduce the level of the pollutant and to protect people and the environment against its potentially harmful effects.
"Essential facility"has the same meaning as "essential facility" defined in ASCE 24. Table 1-1 in ASCE 24-14 further identifies building occupancies that are essential facilities.
"Existing manufactured home park or subdivision"means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed is completed before the effective date of the adopted floodplain management regulations, including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads.
"Expansion to an existing manufactured home park or subdivision"means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads.
"Farmhouse"means a single-family dwelling located on a farm site where resulting agricultural products are not produced for the primary consumption or use by the occupants and the farm owner.
"Fish and wildlife habitat conservation areas"are areas that serve a critical role in sustaining needed habitats and species for the functional integrity of the ecosystem, and which, if altered, may reduce the likelihood that the species will persist over the long term. These areas may include, but are not limited to, rare or vulnerable ecological systems, communities, and habitat or habitat elements including seasonal ranges, breeding habitat, winter range, and movement corridors, and areas with high relative population density or species richness. Fish and wildlife habitat conservation areas do not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of, and are maintained by, a port district or an irrigation district or company.
"Flood" or "flooding"means:
1. A general and temporary condition of partial or complete inundation of normally dry land areas from:
a. The overflow of inland waters.
The unusual and rapid accumulation of runoff of surface waters from any source.
Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection (1)(b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (1)(a) of this definition.
"Flood elevation study"means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.
"Flood Insurance Rate Map (FIRM)"means the official map on which the Federal Insurance Administration has delineated both the special hazard areas and the risk premium zones applicable to the city of Bonney Lake.
"Floodplain administrator"means the planning and building supervisor who has been designated to administer and enforce the floodplain management regulations.
"Floodplain management"means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.
"Floodplain management regulations"mean the zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
"Floodproofing"means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures, and associated contents. Floodproofed structures are those that have the structural integrity and design to be impervious to floodwater below the base flood elevation.
"Floodway"means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as the "regulatory floodway."
"Functional arrays"means forage, floodwater restraint, hiding habitat, or other physical or biologic roles in the ecosystem, that singly or in combination correspond to those of the native species.
"Functionally dependent use"means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.
"Functions and values"means the benefits conferred by critical areas, including, but not limited to, water quality protection, fish and wildlife habitat, flood storage and conveyance, groundwater recharge, erosion control, and protection from hazards.
"Geologically hazardous areas"means areas that, because of their susceptibility to erosion, landslide, seismic events, or volcanic hazards, require a heightened level of review for public health or safety reasons.
"Hazard tree"means a tree that has significant structural defects that are likely to lead to failure and possibly cause injury or damage as identified in a report from an International Society of Arboriculture (ISA) tree risk assessment qualified (TRAQ) arborist. In the case of steep slopes, a hazard tree can also be a tree that is a hazard to stability of the slope, as determined by a geotechnical engineer.
"Highest adjacent grade"mean the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
"Historic"means existing before the area was altered by human activity.
"Historic structure"means any structure that is:
1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
a. By an approved state program as determined by the Secretary of the Interior; or
Directly by the Secretary of the Interior in states without approved programs.
"Hyporheic zone"means the area beneath and alongside a stream channel where surface water infiltrates and exchanges with subsurface flow.
"Impact"means to adversely affect a natural system or increase the hazard which a natural system poses to human life and property.
"Impervious"refers to a hard surface area that retards the entry of water into the soil.
"Land disturbing activity"means any activity that results in a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to, clearing, grading, filling, excavation, and mining. Compaction that is associated with stabilization of structures and road construction shall also be considered a land disturbing activity. Vegetation maintenance practices are not considered land disturbing activity. Stormwater facility maintenance is not considered "land disturbing activity" if conducted according to established standards and procedures.
"Low impact development (LID)"means a stormwater and land use management strategy that strives to mimic predisturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a project design.
"Lowest floor"means the lowest floor of the lowest enclosed area, including the basement. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements found at BLMC § 16.26.060(G)(1)(b); specifically provided, that adequate flood ventilation openings exist.
"Manufactured home"means a structure, transportable in one or more sections, that is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a recreational vehicle.
"Mean sea level"means the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
"Mitigation"means a requirement to replace or enhance critical functions and values destroyed or impacted by proposed land disturbances.
"Monitoring"means assessing the performance of mitigation measures by collection and analysis of data on changes in natural systems.
"Native or equivalent vegetation"means species which are indigenous to the Puget Sound lowlands ecoregion; or a species that is equivalent in providing the same site-specific functional arrays as would the native species. As with natives, the role of an equivalent species may vary depending on the site and its surrounding ecosystem. Invasive/exotic species shall not be considered equivalent species.
"New construction,"for floodplain management purposes only, means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
"New manufactured home park or subdivision"means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed is completed on or after the effective date of this chapter, including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads.
"No net loss"means the existing functions and values of critical areas are maintained. The no net loss standard requires that the impacts of a proposed use and/or development, whether permitted or exempt from permit requirements, be identified and mitigated on a project-by-project basis, so that as development occurs critical areas functions and values stay the same.
"Ordinary high water mark"means that mark on the bed or bank below which inundation is so common in ordinary years that the soil and/or vegetation are distinct from that of the abutting upland.
"Primary association"means a relationship between a species and a habitat area whereby the species regularly uses or otherwise needs the habitat area to thrive.
"Reasonable use exception"means a grant of relief from the requirements of the critical areas code needed to provide reasonable economic use of the property.
"Reasonably safe from flooding"means development that is designed and built to be safe from flooding based on consideration of current flood elevation studies, historical data, high water marks and other reliable data known to the community. In unnumbered A zones where flood elevation information is not available and cannot be obtained by practicable means, "reasonably safe from flooding" means that the lowest floor is at least two feet above the highest adjacent grade.
"Recreational vehicle"means a vehicle:
1. Built on a single chassis;
Four hundred square feet or less when measured at the largest horizontal projection;
Designed to be self-propelled or permanently towable by a light duty truck; and
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
"Rill"means a small, steep-sided channel caused by erosion.
"Riparian ecosystem"means an area alongside a river or stream that significantly influences exchanges of energy and matter with the aquatic ecosystem. It includes the active channel, the active floodplain and terraces, and portions of the adjacent uplands that contribute organic matter and energy to the active channel or floodplain. It is a zone of influence; a transitional ecotone between terrestrial and aquatic ecosystems that is distinguished by gradients in biophysical conditions, ecological processes, and biota.
"Riparian management zone"means a delineable area measured outward in each direction, on the horizontal plane from the floodway; if a floodway has not been determined then the measurement is from the top of the bank, based on the site-potential tree height used to protect riparian ecosystems.
"Slope"means an inclined earth surface, the inclination of which is expressed as a percent of vertical distance over horizontal distance (vertical distance/horizontal distance x 100 = %).
"Species"means a group of animals commonly classified by the scientific community as a species or subspecies.
"Start of construction"includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. In relation to this term:
1. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
"Structure"means a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
"Substantial damage"means damage of any origin sustained by a structure for which the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
"Substantial improvement"means any reconstruction, rehabilitation, addition, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of actual repair work performed. The term does not, however, include either:
1. Any project for improvement of a structure to correct previously identified existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
Any alteration of a "historic structure"; provided, that the alteration will not preclude the structure's continued designation as a "historic structure."
"Tree topping"means the indiscriminate cutting of branches and laterals to stubs at a specific tree height or spread, often exceeding 25 percent of a tree's crown mass. Topping is harmful to a tree and creates unsightly regrowth that requires future trimming at frequent intervals.
"Undevelopable critical area"means designated wetlands, streams, fish and wildlife habitat conservation areas, Class 1 landslide hazardous areas, and associated buffers.
"Violation"means the failure of a structure or other development to be fully compliant with the requirements of the city's critical areas code. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required by the frequently flooded areas code (Chapter
16.26 BLMC) is presumed to be in violation until such time as that documentation is provided.
means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
"Watercourse"means flowing waters of the state, perennial or intermittent, excluding artificial waterways such as ditches or canals not created by human alteration of a natural watercourse.
"Wellhead protection area" or "WHPA"means the zone of contribution associated with an approved public drinking water source as delineated for each well, wellfield, or spring within the six-month and one-, five- and 10-year time-of-travel boundaries marked, or boundaries established using alternate criteria approved by the Washington State Department of Health in those settings where groundwater time of travel is not a reasonable delineation criterion, in accordance with WAC
246-290-135.
means areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate conversion of wetlands.
(Ord. 1070 § 2, 2004; Ord. 1301 § 1, 2009; Ord. 1325 § 6, 2009; Ord. 1491 § 18, 2014; Ord. 1615 § 2, 2019; Ord. 1641 § 5, 2020; Ord. 1666 § 2, 2021)