City of Spokane Valley, WA Chapter 21.40 CRITICAL AREAS

§ 21.40.010 Critical areas regulations – Purpose.

The purpose of Chapter 21.40 SVMC is to designate and classify environmentally sensitive and hazardous areas as critical areas and to protect, maintain, and restore these areas and their functions and values; and protect the health, safety, and welfare of the general public; while also allowing reasonable use of public and private property. Critical areas include wetlands, areas of critical recharging effect on aquifers, fish and wildlife habitat conservation areas, special flood hazard areas, and geologically hazardous areas as set forth in WAC 365-196-485, as now promulgated or hereafter amended.

The regulations of Chapter 21.40 SVMC are intended to implement the goals, policies, guidelines, and requirements of the City's Comprehensive Plan and to protect critical areas in accordance with the Growth Management Act (Chapter 36.70A RCW). Critical areas occurring within the shoreline jurisdiction shall be regulated pursuant to the City's SMP as set forth in Chapter 21.50 SVMC. When the provisions of Chapter 21.40 SVMC conflict with other SVMC provisions or with federal or state laws and regulations, the provision that is the most protective of critical areas shall apply.

(Ord. 16-018 § 6 (Att. B), 2016)

§ 21.40.011 Applicability.

A. The provisions of Chapter 21.40 SVMC shall apply to any activity, use, modification, or development that is located within or adjacent to a critical area or within its buffer, or is likely to create a net loss of ecological functions necessary to sustain the critical area, or is likely to otherwise detrimentally impact a critical area such as reduce the stability or safety. Except as exempted in SVMC § 21.40.012, critical areas and associated buffers shall not be altered except as consistent with the purposes and requirements of Chapter 21.40 SVMC.

B. Compliance with the provisions of Chapter 21.40 SVMC does not constitute compliance with other federal, state, and local regulations and permit requirements that may be required (for example, shoreline substantial development permits, Washington Department of Fish and Wildlife (WDFW) hydraulic project approval permits, U.S. Army Corps of Engineers Section 404 or 401 permits, or National Pollution Discharge Elimination System permits). The applicant is responsible for complying with these requirements apart from the process established pursuant to Chapter 21.40 SVMC.

(Ord. 16-018 § 6 (Att. B), 2016)

§ 21.40.012 Exemptions from critical area review and reporting requirements.

Activities exempt from critical area review and reporting requirements shall be conducted consistent with performance standards identified in Chapter 21.40 SVMC, including mitigation sequencing.

A. The following activities are exempt from critical area review and reporting requirements:

1. Conservation or enhancement of native vegetation;

2. Outdoor recreational activities which do not involve disturbance of the resource or site area, including fishing, hunting, bird watching, hiking, horseback riding, and bicycling;

3. Education, scientific research, surveying, and use of nature trails;

4. Normal and routine maintenance and repair of:

a. Legally constructed irrigation and drainage ditches, utility lines, and appurtenances;

b. Existing, legally constructed streets, structures, and facilities within an existing right-of-way, excluding actions that expand or change the character of an existing feature; or

c. State or City parks, including noxious weed control and removal of hazard trees where the potential for harm to humans exists;

5. Emergency construction necessary to protect property from damage by the elements;

6. Routine maintenance, repair, and minor modifications (such as construction of a balcony or second story) of existing structures where the modification does not extend the structure further into or adversely impact the functions of the critical area;

7. Drilling for utilities/utility corridors under a critical area, with entrance/exit portals located completely outside of the critical area and its buffer; provided, that the drilling does not interrupt the groundwater connection to the wetland or percolation of surface water down through the soil column; and

8. In Category III or IV wetlands only, stormwater dispersion outfalls and bioswales associated with stormwater management facilities that are located within the outer 25 percent of the buffer; provided, that no other location is feasible.

B. Any incidental damage to or alteration of a critical area or its buffers resulting from exempt activities shall be restored, rehabilitated, or replaced at the expense of the responsible party within one growing season.

(Ord. 16-018 § 6 (Att. B), 2016)

§ 21.40.013 Maps and inventories.

A. The approximate location and extent of known critical areas are depicted on the critical areas and priority habitats maps updated and maintained by the department. The maps are a reference tool, not an official designation or delineation. The exact location of a critical area boundary shall be determined through field investigation by a qualified professional.

B. In addition to the critical areas and priority habitats map, the City may review additional reference materials to determine whether a proposed development has the potential to affect a critical area within the City. Reference materials may include, but are not limited to, the following:

1. USDA Soil Survey for Spokane County, Washington, 2012, as amended;

2. USGS 7.5-Minute Series Digital Elevation Model;

3. FEMA Flood Insurance Rate Maps (FIRM) for Spokane County, Washington, and Incorporated Areas, July 6, 2010;

4. USFWS National Wetlands Inventory;

5. Aerial photos;

6. 2015 LiDAR data;

7. DNR stream typing maps;

8. WDFW priority habitats and species and wildlife heritage maps and data; and

9. City critical area designation maps.

(Ord. 16-018 § 6 (Att. B), 2016)

§ 21.40.014 Critical area review.

If critical area review is applicable to a proposed project per SVMC § 21.40.011, the City:

A. Shall require and review a critical area report for each applicable critical area per SVMC § 21.40.015.

B. Shall determine if the proposed project adequately addresses and mitigates impacts to the critical area and is consistent with the requirements of Chapter 21.40 SVMC.

C. May consult with agencies with expertise or jurisdiction to assist with project review, analysis, and identification of appropriate performance measures that adequately safeguard critical areas and ensure that measures are properly implemented.

D. May consult with qualified professionals to assist with review of a critical areas report and/or during the implementation of recommended measures. The City may, at its sole discretion, require the applicant to pay for or reimburse the City for such consultant fees incurred by the City.

E. May require mitigation pursuant to SVMC § 21.40.016 and § 21.40.017 where there is an impact to the critical area or its buffer that is likely to result in net loss of ecological functions.

(Ord. 16-018 § 6 (Att. B), 2016)

§ 21.40.015 Critical area report requirements for all critical areas.

Unless otherwise provided in Chapter 21.40 SVMC, when critical areas review is deemed applicable per SVMC § 21.40.011, the applicant shall submit a critical area report subject to the requirements of SVMC § 21.40.015 and any other additional reporting requirements for each relevant critical area type, as addressed in SVMC § 21.40.025 (wetlands), SVMC § 21.40.036 (fish and wildlife habitats), SVMC § 21.40.041 (special flood hazards), SVMC § 21.40.054 (geologic hazards), and SVMC § 21.40.063 (critical aquifer recharge areas). The following generally applicable standards apply to all critical area reports:

A. All critical area assessments, investigations, studies, plans, and reports shall be completed by a qualified professional.

B. At a minimum, all critical area reports shall contain the following:

1. The name and contact information of the applicant, a description of the proposal, and identification of the permit(s) requested.

2. The dates, names, and qualifications of the persons preparing the report and documentation of any fieldwork performed on the site.

3. A statement from the qualified professional certifying that the report meets the critical area requirements set forth in Chapter 21.40 SVMC.

4. A description of the proposed use or activity in sufficient detail to allow analysis of such proposal upon identified critical area.

5. List of all references and assumptions.

6. A scaled site plan with dimensions showing:

a. Critical areas and their buffers;

b. Ordinary high water mark (as applicable);

c. Proposed and existing structures and related infrastructure;

d. Clearing and grading limits and erosion control measures;

e. Location of temporary and/or permanent construction signage and fencing to protect critical areas and buffers;

f. Topographic contours at applicable intervals and/or spot elevations that clearly depict the existing and proposed topography;

g. Fill and material storage locations;

h. Staging areas;

i. Proposed and existing drainage facilities and stormwater flow direction arrows; and

j. Title, date, scale, north arrow, and legend.

7. Identification and characterization of all critical areas, water bodies, and buffers located on site, adjacent, and within 200 feet of proposed project areas. If buffers for two contiguous critical areas overlap (such as buffers for a stream and a wetland), the wider buffer applies.

8. Any additional information required by the City to adequately evaluate the potential impacts and required mitigation if applicable. The city manager or designee may modify the required contents of the report where, in the judgment of a qualified professional, more or less information is required to adequately evaluate the potential impacts and required mitigation.

9. The city manager or designee may limit the scope of the required critical area report to include only that part of a site affected by a development proposal.

C. If a critical area or associated buffer impacts are proposed, or if a project has the potential to indirectly affect a critical area or buffer, such as by changing drainage pathways upslope of a critical area, the critical area report shall also contain the following:

1. A mitigation plan that contains a description of the application of mitigation sequencing and offsetting of impacts pursuant to SVMC § 21.40.016 and § 21.40.017. The approved plan shall contain clear and measurable standards and a schedule for achieving compliance with the specific provisions of the plan.

2. An erosion and sediment control plan and drainage plan to demonstrate minimization of impacts, as applicable for conformance with Chapter 24.50 SVMC.

3. Cost estimate for required mitigation when a financial surety is required pursuant to SVMC § 21.40.017(D).

4. A discussion of the performance standards applicable to the critical area and proposed activity.

5. A mitigation monitoring plan pursuant to SVMC § 21.40.017(C).

(Ord. 16-018 § 6 (Att. B), 2016; Ord. 17-004 § 3, 2017)

§ 21.40.016 Mitigation sequencing.

Applicants shall demonstrate that all reasonable efforts have been made to avoid and minimize impacts to critical areas and buffers. When an activity impacting a critical area is proposed, applicants shall follow the mitigation sequencing order of preference below to ensure no net loss of function within the critical area.

A. Avoid the impact altogether by not taking a certain action or parts of an action.

B. Minimize impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology, or by taking affirmative steps, such as project redesign, relocation, or timing, to avoid or reduce impacts. All impacts shall be compensated for and monitored as described below.

C. Rectify the impact by repairing, stabilizing, rehabilitating, or restoring the affected area to at least the conditions existing at the time of the initiation of the project so that the impact is temporary in duration.

D. Compensate for the impact by replacing, enhancing, or providing substitute resources or environments.

(Ord. 16-018 § 6 (Att. B), 2016)

§ 21.40.017 Compensatory mitigation.

A. All impacts to critical areas or critical area buffers shall be mitigated to result in no net loss of ecological function. Mitigation shall be based on the most current, accurate, and complete scientific or technical information available and provide an equivalent or better level of protection of ecological functions, affected species, and safety conditions, as applicable to the affected critical area.

B. Unless specifically addressed in SVMC § 21.40.020 through § 21.40.063, compensatory mitigation is to be provided by any of the following means, in order of preference:

1. Impacts mitigated on or contiguous to the development site through resource expansion, enhancement, protection, or restoration.

2. Off-Site Mitigation.

a. Off-site mitigation may be allowed if an applicant demonstrates that mitigation on or contiguous to the development proposal site cannot be achieved and that off-site mitigation achieves equivalent or greater ecological functions.

b. When off-site mitigation is authorized, priority shall be given to the following locations within the same drainage sub-basin as the project site:

i. Mitigation banking sites and resource mitigation reserves;

ii. Private mitigation sites that are established in compliance with the requirements of SVMC § 21.40.017 and approved by the city manager or designee;

iii. Public mitigation sites that have been ranked supported by ecological assessments, including wetland and aquatic areas established as priorities for mitigation in an approved sub-basin or watershed plan; or

iv. Off-site mitigation consistent with Selecting Wetland Mitigation Sites Using a Watershed Approach (Eastern Washington) (Publication No. 10-06-07, Olympia, WA, November 2010), as the same now exists or may be amended.

c. Any mitigation site shall be permanently preserved by property restrictions, such as deed restrictions or conservation easements. Such restrictions shall be recorded for mitigation sites to avoid impacts from future development or alteration to the function of the mitigation.

C. Monitoring.

1. The applicant shall monitor the performance of the required mitigation and submit performance monitoring reports annually, or as specified in the permit conditions.

2. A monitoring plan shall:

a. Demonstrate compliance with the provisions of Chapter 21.40 SVMC and specific permits and approvals;

b. Describe the objectives and methods for monitoring and quantifying critical area performance relative to success standards specified by the mitigation plan;

c. Provide results with an estimate of statistical precision;

d. Identify the reporting requirements;

e. Recommend management actions based upon the monitoring results; and

f. Provide a contingency plan to address potential unexpected outcomes, circumstances observed during site monitoring, or failure of mitigation.

3. Duration.

a. Mitigation monitoring shall be required for a minimum of two years for temporary impact restoration and five years for compensatory mitigation or a time frame as otherwise determined by the City.

b. At the end of a monitoring period, a qualified professional shall verify if the mitigation objectives have been satisfied.

c. If the mitigation objectives are not obtained within the initial monitoring period, the applicant shall remain responsible for restoration of the natural values and functions until the mitigation goals agreed to in the mitigation plan are achieved.

4. If monitoring reveals a significant deviation from predicted objectives or a failure of mitigation at the end of the duration, the applicant shall implement the approved contingency plan. The contingency plan constitutes new mitigation and is subject to additional monitoring and surety requirements.

D. Sureties.

1. Performance Surety.

a. The applicant shall complete all planned mitigation and improvements prior to the acceptance of the project. If approved by the City, a performance surety may be submitted in lieu of the completion of the required work prior to project acceptance. The performance surety shall be in substantially the same form as provided for in the City's street standards including applicable requirements (completion schedule, amount, etc.) as adopted or hereafter amended.

b. The performance surety shall be released when the following conditions have been met:

i. The installation of the required mitigation is approved by the City; and

ii. The applicant has submitted a warranty surety pursuant to SVMC § 21.40.017(D)(2).

2. Warranty Surety.

a. All projects with required mitigation shall submit a warranty surety to ensure the success of the mitigation project, as required by the City. The warranty surety shall be in substantially the same form as provided for in the City's street standards including applicable requirements as adopted or hereafter amended.

b. The warranty surety shall be for 40 percent of the total mitigation construction, planting costs, and annual maintenance/monitoring for the required duration including, but not limited to: costs for the maintenance and replacement of dead or dying plant materials; failures due to site preparation, plant materials, and construction materials; installation oversight, monitoring, reporting, and contingency actions expected through the end of the required monitoring period.

c. The warranty surety shall remain in effect for the required duration. The applicant shall have a qualified professional inspect the mitigation site within 30 to 60 days prior to the expiration of the warranty. Any deficiencies noted shall be repaired prior to the release of the surety. If the inspection is not conducted and/or the deficiencies are not repaired, the warranty surety shall be renewed by the applicant until all deficiencies are corrected. The City shall conduct an inspection prior to releasing the warranty surety.

d. If any deficiencies identified while the warranty surety is in effect are not corrected in the time frame specified by the city manager or designee, the City may choose to conduct the necessary repairs. The City shall then either invoice the applicant or collect from the surety for all costs for the related work, plus a $500.00 administrative fee.

E. Alternative Mitigation. The City may approve alternative mitigation provided such mitigation is based on the most current, accurate, and complete scientific or technical information available and provides an equivalent or better level of protection of ecological functions, affected species, or safety conditions, as applicable by affected critical area, than would be provided by the strict application of Chapter 21.40 SVMC. The city manager or designee shall consider the following for approval of an alternative mitigation proposal:

1. The applicant proposes creation or enhancement of a larger system of natural areas and open space in lieu of preserving many individual habitat areas;

2. On-site mitigation is not feasible due to site constraints such as parcel size, stream type, wetland category, or geologic hazards;

3. There is clear potential for success of the proposed mitigation at an alternate proposed site; and

4. The approved plan contains clear and measurable standards for achieving compliance with the specific provisions of the plan.

(Ord. 16-018 § 6 (Att. B), 2016; Ord. 17-004 § 3, 2017)

§ 21.40.018 Violations.

A. The following constitute violations of Chapter 21.40 SVMC:

1. Failure to comply with any provision of Chapter 21.40 SVMC or with any term of any permit condition or approval issued pursuant to Chapter 21.40 SVMC.

2. Failure to comply with any order issued pursuant to Chapter 21.40 SVMC or to remove or deface any sign, notice, complaint, or order required by or posted in accordance with Chapter 21.40 SVMC.

3. Misrepresentation of any material fact in any application, on plans, or in any other information submitted to obtain any determination, authorization, permit condition, or approval under Chapter 21.40 SVMC.

B. Violations of Chapter 21.40 SVMC are subject to the penalties set forth in Chapter 17.100 SVMC. In addition, the City may order mitigation measures at the expense of the person responsible for the violation, which shall include the owner, whenever a critical area or its buffer has been altered or impacted in violation of Chapter 21.40 SVMC.

C. When a violation of Chapter 21.40 SVMC occurs, the person responsible for the violation, which shall include the owner, shall meet the following minimum performance standards to achieve restoration of affected critical area conditions, as applicable:

1. A restoration plan shall be prepared by a qualified professional and shall address the following:

a. Restoration of historical structural and functional values, including water quality and habitat functions;

b. Replication of the historical soil types and configuration;

c. Replacement of native vegetation within the critical area and buffers with native vegetation that replicates the vegetation historically found on the site in species types, sizes, and densities; and

d. Replication of the historical functions and values at the location of the alteration.

2. The following additional performance standards shall be met for restoration of frequently flooded areas and geological hazards and shall be included in the restoration plan:

a. The hazard shall be reduced to a level equal to, or less than, the pre-development hazard;

b. Any risk of personal injury resulting from the alteration shall be eliminated or minimized; and

c. The hazard area and buffers shall be replanted with native vegetation sufficient to minimize the hazard.

3. Restoration plan shall include a monitoring plan pursuant to SVMC § 21.40.017(C) and an implementation schedule.

a. Annual performance monitoring reports demonstrating compliance with restoration plan requirements shall be submitted for a minimum two-year period.

b. As-built drawings and other information demonstrating compliance with other applicable provisions of Chapter 21.40 SVMC shall be submitted to the City.

4. The city manager or designee shall, at the violator's expense, seek qualified professional advice to determine if the restoration plan adequately compensates for affected critical area functions and physical resources. Inadequate plans shall be returned to the violator for revision and resubmittal.

D. The city manager or designee is authorized to make site inspections and take such actions as are necessary to enforce SVMC Title 21. The city manager or designee shall present proper credentials and make a reasonable effort to contact any property owner before entering onto private property.

(Ord. 16-018 § 6 (Att. B), 2016; Ord. 17-004 § 3, 2017)

§ 21.40.020 Wetlands.

SVMC § 21.40.020 through § 21.40.025 apply to all clearing, uses, modifications, or development activities within or adjacent to wetlands, unless specifically exempted pursuant to SVMC § 21.40.012. Wetlands are those 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 created to mitigate conversion of wetlands.

(Ord. 16-018 § 6 (Att. B), 2016)

§ 21.40.021 Delineation and classification.

A. Delineation. Wetland identification and delineation of wetland boundaries shall be determined by a qualified professional through a field investigation based on the protocols of the 1987 U.S. Army Corps of Engineers Delineation Manual and applicable regional supplement, as adopted by Washington State Department of Ecology (Ecology) and as hereafter amended. Wetland delineations are valid for five years, after which the City shall determine whether a boundary verification study or additional assessment is necessary.

B. Classification.

1. Wetlands shall be rated pursuant to the Ecology wetland rating system as set forth in the Washington State Wetland Rating System for Eastern Washington (Ecology Publication No. 14-06-030, or as amended and approved by Ecology), which contains the definitions and methods for determining wetland categorical ranking and scores based on functions and values.

2. Categories. Wetland categories are defined as follows:

a. Category I: perform functions at very high levels as evidenced by scoring between 22 and 27 points on Ecology's wetland rating system; includes alkali wetlands, bogs, and forests with stands of aspen.

b. Category II: provide high levels of some functions, with a rating score between 19 and 21 points; difficult, though not impossible, to replace; includes forested wetlands in the floodplains of rivers, mature and old-growth forested wetlands over one-quarter acre in size with fast-growing trees, and vernal pools.

c. Category III: provide a moderate level of functions, with a rating score between 16 and 18 points; can be adequately replaced with a well-planned mitigation project.

d. Category IV: provide lowest level of functions, with a rating score less than 16 points; often heavily disturbed but may provide some important functions including groundwater recharge and the removal of pollutants from surface water.

(Ord. 16-018 § 6 (Att. B), 2016)

§ 21.40.022 Wetland buffer areas.

A. Wetland buffer areas shall be required adjacent to all wetlands except isolated Category IV wetlands less than 1,000 square feet that:

1. Are not associated with riparian areas or buffers;

2. Are not part of a wetland mosaic (a patchwork of nearby, small wetlands);

3. Do not contain habitat identified as essential for local populations or priority species identified by WDFW or natural heritage plant species identified by the DNR;

4. Are not a vernal pool;

5. Are not an alkali wetland; and

6. Do not contain aspen stands.

B. Wetland buffers shall apply to any wetland created, restored, or enhanced as compensation for approved wetland alterations in the same manner as natural wetlands.

C. Except as otherwise specified or allowed in SVMC § 21.40.022, wetland buffers shall be retained in their natural condition. Where buffer disturbances have occurred before or during construction, revegetation with native vegetation and restoration of the hydrologic condition shall be required.

D. Buffer Widths.

1. All buffers shall be measured perpendicular from the wetland boundary.

2. The width of the wetland buffer area shall be determined pursuant to Table 21.40-2 based upon the associated wetland category and impact intensity category of the proposed use. Widths shall be increased pursuant to SVMC § 21.40.022(D)(3) and may be reduced pursuant to SVMC § 21.40.022(D)(4). Wetland categories shall be assigned in accordance with SVMC § 21.40.021(B) and consistent with Ecology's Wetlands in Washington State, Volume 2; Protecting and Managing Wetlands, Guidance on Buffers and Ratios (Appendix 8-D), as may be amended. Land use intensity shall be determined as follows (uses not specifically listed shall be considered based upon the most similar use listed):

Table 21.40-1 – Wetland Impact Intensity Categories
Impact Intensity Category (Impact from Proposed Change in Land Use)	Types of Land Use
High Impact	Commercial, industrial, and institutional Residential (more than one unit/acre) High-intensity recreation (golf courses, ball fields, etc.)
Moderate Impact	Residential (one unit/acre or less) Moderate-intensity active open space (parks with biking, jogging, etc.) Paved trails Utility corridor with access/maintenance road
Low Impact	Passive open space (hiking, bird-watching, etc.) Unpaved trails Utility corridor without road or vegetation management

Table 21.40-2 – Standard Wetland Buffer Widths
Wetland Category	Minimum Buffer Width (in feet)
	Low Impact	Moderate Impact	High Impact
I	125	190	250
II	100	150	200
III	75	110	150
IV	25	40	50

3. Increase in Standard Wetland Buffer Width.

a. If the land adjacent to a wetland has an average slope of 30 percent or more, the minimum buffer width shall either:

i. Be extended one and one-half times; or

ii. Extend to the upper break in slope (where the slope gradient is less than 30 percent for 20 feet or more perpendicular to the wetland, whichever is less).

4. Reduction of Standard Wetland Buffer Width.

a. The standard wetland buffer width for wetlands may be reduced to the next, lower land use intensity buffer width (e.g., from high to moderate), or reduced by no more than 25 percent if:

i. A relatively undisturbed vegetative corridor of at least 100 feet in width is protected between the wetland and any other priority habitats and the corridor is preserved by means of easement or covenant; or

ii. All measures identified in Table 21.40-3 are taken to minimize the impact of any proposed land use.

Table 21.40-3 – Wetland Impact Minimization Measures
Disturbance	Required Measures to Minimize Impacts
Lights	Direct lights away from wetland.
Noise	Locate activity that generates noise away from wetland. If warranted, enhance existing buffer with native vegetation plantings adjacent to noise source. For activities that generate relatively continuous, potentially disruptive noise, such as certain heavy industry or mining, establish an additional 10-foot-wide, heavily vegetated buffer strip immediately adjacent to the outer wetland buffer.
Chemical use	Establish covenants limiting use of pesticides within 150 feet of wetland. Apply integrated pest management.
Stormwater runoff	Route all untreated runoff away from wetland while ensuring wetland is not dewatered. Retrofit older stormwater facilities to meet current standards. Prevent channelized flow that directly enters the buffer. Infiltrate or treat, detain, and disperse into buffer new runoff from impervious surfaces and new lawns.
Pets and human disturbance	Use privacy fencing or plant dense, thorny vegetation to delineate buffer edge and to discourage disturbance using vegetation appropriate for the City.
Dust	Use best management practices to control dust.
Disruption of corridors or connections	Maintain connections to off-site areas that are undisturbed.
	Restore corridors or connections to off-site habitats by replanting.
Vegetation alteration	Protect and maintain native plant communities in buffers.

5. Standard Buffer Width Averaging.

a. Standard wetland buffer width may be averaged (reduced in width near a parcel or development but widened elsewhere along the parcel or development to retain the overall area of the standard wetland buffer) if all of the following conditions are met:

i. The buffer is increased adjacent to the higher-functioning area of habitat or more sensitive portion of the wetland, and decreased adjacent to the lower-functioning or less sensitive portion;

ii. The total area of the buffer after averaging is equal to or greater than the area required without averaging; and

iii. The buffer at its narrowest point is never less than 75 percent of the standard buffer width.

b. Standard wetland buffer width may be averaged to allow reasonable use of a parcel when all of the following are met:

i. The averaged buffer does not result in overall degradation of the wetland's functions and values as demonstrated by a report from a qualified professional; and

ii. The buffer at its narrowest point is never less than 75 percent of the required width, or 75 feet for Category I and II, 50 feet for Category III, and 25 feet for Category IV, whichever is greater.

(Ord. 16-018 § 6 (Att. B), 2016)

§ 21.40.023 Signs and fencing.

A. Temporary.

1. The outer perimeter of wetland buffers and the clearing limits shall be fenced to ensure that no unauthorized intrusion occurs during construction. Temporary fencing shall be designed and installed to effectively prevent construction and related impacts.

2. Temporary signs and fencing shall be placed prior to beginning permitted activities and maintained throughout construction.

B. Permanent.

1. The city manager or designee may require installation of permanent signs and/or fencing along the boundary of a wetland or buffer where public or high traffic pedestrian uses may occur to protect critical areas.

2. Where required, permanent signs shall be made of an enamel-coated metal face and attached to a metal post or another nontreated material of equal durability. Signs shall be posted at an interval of one per lot or every 50 feet, whichever is less, and shall be maintained in perpetuity by the property owner. Any modification of the location or materials required for permanent signs shall be approved by the city manager or designee. The obligation to maintain permanent signs shall be recorded against the property in a form acceptable to the City.

3. The signs shall be worded as follows or with alternative language approved by the city manager or designee:

Protected Wetland Area

Do Not Disturb

Contact the City of Spokane Valley Community and Economic Development Department Regarding Uses, Restrictions, and Opportunities for Stewardship

4. Permanent fence shall be installed around the wetland buffer when domestic grazing animals are present or may be introduced on site.

5. Fencing shall be constructed in a manner that minimizes impacts to the wetland and associated habitat and designed to not interfere with species migration, including fish runs. Fencing materials shall not be made or treated with toxic chemicals.

(Ord. 16-018 § 6 (Att. B), 2016; Ord. 17-004 § 3, 2017)

§ 21.40.024 Wetland mitigation.

A. Mitigation Ratios.

1. Impacts resulting from alteration to wetlands shall be mitigated using the ratios specified below:

Table 20.40-4 – Wetland Mitigation Area Ratios1
Category and Type of Wetland	Creation or Reestablishment	Rehabilitation	Enhancement
Category I	4:1	8:1	16:1
Category II	3:1	6:1	12:1
Category III	2:1	4:1	8:1
Category IV	1.5:1	3:1	6:1

Notes:

¹Refer to Wetland Mitigation in Washington State, Part 1: Agency Policies and Guidance (Ecology Publication No. 06-06-011a, March 2006), for further information on wetland creation, reestablishment, rehabilitation, and enhancement.

2. Impacts to buffers shall be mitigated at a 1:1 ratio. Only vegetated buffer areas may be included in mitigation calculations. Lawns, walkways, driveways, and other mowed or developed areas shall be excluded from buffer area calculations.

3. Credit/Debit Method. As an alternative to the mitigation ratios provided in SVMC § 21.40.024, the city manager or designee may allow mitigation based on the "credit/debit" method developed by Ecology in Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Eastern Washington: Final Report (Ecology Publication No. 11-06-015, August 2012, as adopted or as amended).

B. Off-Site Mitigation.

1. Wetland mitigation may be permitted off site if the primary drainage basin will not be substantially damaged by the loss of affected wetland hydrologic, water quality, or habitat functions as determined by a qualified professional; and

a. On-site mitigation is not scientifically feasible due to problems with hydrology, soils, or other factors such as other potentially adverse impacts from surrounding land uses;

b. Existing functions off site are significantly greater than lost wetland functional values; or

c. Goals for flood storage, flood conveyance, habitat, or other wetland functions have been established and off-site mitigation is strongly justified by meeting such goals.

2. Wetland Mitigation Banks and Fee-in-Lieu Programs.

a. Credits from a wetland mitigation bank or fee-in-lieu program may be approved as off-site mitigation for unavoidable impacts to wetlands when:

i. The bank or fee-in-lieu program is certified under state rules;

ii. The city manager or designee determines that the wetland mitigation bank provides appropriate compensation for the authorized impacts; and

iii. The proposed use of credits is consistent with the terms and conditions of the certified bank instrument.

b. Replacement ratios for projects using bank credits shall be consistent with replacement ratios specified in the certified bank instrument.

c. Credits from a certified wetland mitigation bank may be used to compensate for impacts located within the service area specified in the certified bank instrument. In some cases, the service area of the bank may include portions of more than one adjacent drainage basin for specific wetland functions. The use of bank credits out of the established service area of the nearest available bank must be approved by the City, WDFW, and Ecology.

d. When applying for a wetland mitigation bank or fee-in-lieu program, the applicant shall prepare a wetland mitigation bank credit use plan that documents consistency with these criteria and shows how the identified wetland type and associated functions will be compensated for by purchase of the credits.

C. Design.

1. Design of wetland mitigation projects shall be appropriate for its landscape position. Compensatory mitigation shall result in the creation, restoration, or enhancement of a wetland that matches the geomorphic setting of the site.

2. The design of a wetland that has a different Cowardin or hydrogeomorphic classification than the impacted wetland may be justified if supported by a demonstrated need for, or scarcity of, the wetland type being designed.

D. Timing.

1. To minimize temporal loss of wetland ecological functions, compensatory mitigation shall be completed prior to activities that disturb wetlands where feasible.

2. Where mitigation cannot be completed prior to wetland impacts, compensatory mitigation shall be completed immediately following disturbance and prior to use or occupancy of the action or development.

3. Understanding that construction of mitigation projects should be timed to reduce impacts to existing fisheries, wildlife, and flora, the City may authorize a delay of mitigation when the applicant provides a compelling written rationale for the delay with recommendations from a qualified wetland professional. In such cases, the delay shall not:

a. Create or perpetuate hazardous conditions;

b. Create environmental damage or degradation; or

c. Be injurious to the health, safety, or general welfare of the public.

(Ord. 16-018 § 6 (Att. B), 2016; Ord. 17-004 § 3, 2017)

§ 21.40.025 Additional critical area report requirements for wetlands.

In addition to the critical area report requirements in SVMC § 21.40.015, wetland reports shall include the following:

A. Documentation of any fieldwork performed on the site, including but not limited to field data sheets for delineations, function assessments, ratings, and baseline hydrologic data;

B. A description of the methodologies used to conduct the wetland delineations, function assessments, or impact analyses including references;

C. For each wetland identified on site, adjacent to, and within 200 feet of the project site, provide:

1. Required buffers;

2. Wetland rating, hydrogeomorphic classification, Cowardin classification of vegetation communities, on-site wetland acreage, and ecological function of the wetland and buffer based on a professional survey from the field delineation. All assessments shall be based on entire wetland complexes, not only the portion present on the proposed project site;

3. Estimates of acreage and boundary for the entire wetland area where portions of the wetland extend off site;

4. Description of habitat elements;

5. Soil conditions based on site assessment and/or soil survey information; and

6. To the extent possible, hydrologic information such as location and condition of inlet/outlets (if they can be legally accessed), estimated water depths within the wetland, and estimated hydroperiod patterns based on visual cues (e.g., algal mats, drift lines, flood debris);

D. A description of the proposed actions and survey and an analysis of site development alternatives including a no-development alternative;

E. An assessment of the probable impacts to the wetlands and buffers resulting from the proposed development, including:

1. An estimation of acreages of impacts to wetlands and buffers based on the field delineation;

2. Impacts associated with anticipated hydroperiod alterations from the project; and

3. Impacted wetland functions;

F. A description of how mitigation sequencing was applied pursuant to Chapter 21.40 SVMC;

G. A discussion of mitigation measures, proposed to preserve existing wetlands and restore any wetlands that will be degraded by the current proposed land-use activity;

H. Methods to protect and enhance on-site habitat and wetland functions;

I. A site plan, drawn to scale, with the following information:

1. Delineated wetland(s) and required buffer(s) for on-site wetlands as well as off-site critical areas that extend onto the project site;

2. Areas of proposed impacts to wetlands and/or buffers (include square footage estimates); and

3. Proposed stormwater management facilities and outlets for the development, including estimated areas of intrusion into the buffers of any critical areas; and

J. A mitigation plan, if required.

1. The plan shall address mitigation site selection criteria and goals and objectives in relation to the functions and values of the impacted critical area. Details in the mitigation plan shall include, but not be limited to:

a. The proposed construction method, sequence, timing, and duration;

b. Grading and excavation details;

c. Erosion and sediment control features;

d. Dates for beginning and completion of mitigation activities;

e. A planting plan, if applicable, specifying plant species, quantities, locations, size, spacing, and density; and measures to protect and maintain plants until established; and

f. Detailed site diagrams, scaled cross-sectional drawings, topographic maps showing slope percentage and final grade elevations, and any other drawings appropriate to show construction techniques or anticipated final outcome.

2. The mitigation plan shall include a monitoring plan to ensure success of the mitigation plan. The plan shall conform to the monitoring requirements outlined in SVMC § 21.40.017.

(Ord. 16-018 § 6 (Att. B), 2016)

§ 21.40.030 Fish and wildlife habitat conservation areas.

SVMC § 21.40.030 through § 21.40.036 apply to all clearing, uses, modifications, or development activities within designated fish and wildlife habitat conservation areas (FWHCAs) and associated buffers.

(Ord. 16-018 § 6 (Att. B), 2016)

§ 21.40.031 Designation.

All areas meeting one or more of the following criteria, regardless of any formal identification, are hereby designated FWHCAs:

A. Areas where the following species and/or habitats have a primary association:

1. Federally designated endangered and threatened species. The U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service shall be consulted for current listing status.

2. State-designated endangered, threatened, and sensitive species pursuant to WAC 232-12-014 (state endangered species) and WAC 232-12-011 (state threatened and sensitive species). The WDFW maintains the most current listing and shall be consulted for current listing status.

3. State priority habitats and areas associated with state priority species. Priority habitats and species (PHS) are managed by the WDFW. Priority habitat maps are amended from time to time by WDFW. Within the City, priority habitats include wetlands, open waterways, riparian areas, urban open space, and the habitat associated with individual native species. Priority habitat data is included in the City's Fish and Wildlife Habitat Critical Areas Map.

B. Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat, including those artificial ponds intentionally created from upland areas for mitigation purposes. Naturally occurring ponds do not include ponds deliberately designed and created from dry sites, such as stormwater treatment or detention facilities, wastewater treatment facilities, temporary construction ponds, and landscape amenities. To distinguish between ponds and wetlands, refer to current state or federal definitions and guidance.

C. Ponds or lakes artificially created as a result of mining once mining is complete and the mine reclamation plan has been implemented and deemed complete by DNR.

D. Waters of the State. Waters of the state include lakes, rivers, ponds, streams, inland waters, underground waters, salt waters, and all other surface waters and watercourses, including wetlands, within the jurisdiction of the state of Washington, as classified in WAC 222-16-030. Water type classifications are as follows:

1.

"Type S water"

means all waters, within their bankable width, as inventoried as "shorelines of the state" pursuant to Chapter 90.58 RCW and the rules promulgated pursuant to Chapter 90.58 RCW including periodically inundated areas of their associated wetlands. Type S waters have mean annual flows averaging 20 or more cubic feet per second. Type S waters are regulated pursuant to the City's SMP and Chapter 21.50 SVMC.

2.

"Type F water"

means segments of natural waters other than Type S waters, which are within the bankfull widths of defined channels and periodically inundated areas of their associated wetlands, or within lakes, ponds, or impoundments having a surface area of one-half acre or greater at seasonal low water and which in any case contain fish habitat or are described by one of the following four categories:

a. Waters that are diverted for domestic use by more than 10 residential or camping units or by a public accommodation facility licensed to serve more than 10 persons, where such diversion is determined by the City to be a valid appropriation of water and the only practical water source for such users. Such waters shall be considered to be Type F water upstream from the point of such diversion for 1,500 feet or until the drainage area is reduced by 50 percent, whichever is less.

b. Waters that are diverted for use by federal, state, tribal, or private fish hatcheries. Such waters shall be considered Type F water upstream from the point of diversion for 1,500 feet, including tributaries, if highly significant for protection of downstream water quality. The City may allow additional harvest beyond the requirements of Type F water designation provided the City determines, after a landowner-requested on-site assessment by the WDFW, Ecology, the affected tribes, and interested parties that:

i. The management practices proposed by the landowner adequately protect water quality for the fish hatchery; and

ii. Such additional harvest meets the requirements of the water type designation that would apply in the absence of the hatchery.

c. Waters that are within a federal, state, local, or private campground having more than 10 camping units; provided, that the water shall not be considered to enter a campground until it reaches the boundary of the park lands available for public use and comes within 100 feet of a camping unit, trail, or other park improvement.

d. Riverine ponds, wall-based channels, and other channel features that are used by fish for off-channel habitat. These areas are critical to the maintenance of optimum survival of fish. This habitat shall be identified based on the following criteria:

i. The site is connected to a fish habitat stream and accessible during some period of the year; and

ii. The off-channel water is accessible to fish.

3.

"Type Np water"

means all segments of natural waters within the bankfull width of defined channels that are perennial nonfish habitat streams. Perennial streams are waters that do not go dry any time of a year of normal rainfall. However, for the purpose of water typing, Type Np waters include the intermittent dry portions of the perennial channel below the uppermost point of perennial flow. If the uppermost point of perennial flow cannot be identified with simple, nontechnical observations then Type Np waters begin at a point along the channel where the contributing basin area is at least 300 acres.

4.

"Type Ns water"

means all segments of natural waters within the bankfull width of the defined channels that are not Type S, F, or Np waters. These are seasonal, nonfish habitat streams in which surface flow is not present for at least some portion of a year of normal rainfall and that are not located downstream from any stream reach that is a Type Np water. Type Ns waters must be physically connected by an aboveground channel system to Type S, F, or Np waters.

E. State Natural Area Preserves and Natural Resource Conservation Areas. Natural area preserves and natural resource conservation areas are defined, established, and managed by the DNR.

F. Areas of Rare Plant Species and High Quality Ecosystems. Areas of rare plant species and high quality ecosystems are identified by the DNR through the Natural Heritage Program.

G. Lands designated on state, regional, or local government agency plans (e.g., parks or transportation) as useful or essential for preserving connections between habitat blocks and open spaces.

(Ord. 16-018 § 6 (Att. B), 2016)

§ 21.40.032 Habitat buffers and riparian management zones.

A. Buffers to protect shoreline Type S waters are mapped by the City and regulated pursuant to the City's SMP and Chapter 21.50 SVMC.

B. Buffers to protect state- or federally designated sensitive wildlife FWHCAs shall be based on the recommendations of a FWHCA critical area report prepared by a qualified professional pursuant to SVMC § 21.40.036. Habitat buffers shall not exceed 100 horizontal feet from the edge of the FWHCA.

C. Riparian Management Zones for Waters of the State.

1. Designation. Riparian management zones (RMZs) are based on the water type classification as described in SVMC § 21.40.031(D). RMZs are measured perpendicular to the ordinary high water line or bankfull channel width boundary of a delineated stream. RMZ widths are summarized as follows:

Table 21.40-5 – Riparian Management Zones Buffer Widths
Stream Classification	RMZ Width
Type S – Shorelines of the state	See SMP
Type F – Natural waters not classified as shorelines of the state with fish (e.g., Chester and Saltese Creeks)	150'
Type Np – Nonfish, perennial	50'
Type Ns – Nonfish, seasonal	30'

2. RMZ Requirements.

a. RMZs shall be retained or maintained in a natural condition, and vegetation within RMZs shall be conserved as feasible to provide shade, habitat, and water quality functions for the associated stream.

b. Where activities are proposed within a RMZ, mitigation measures shall be specified in a habitat management plan and may include but are not limited to one or more of the following:

i. Fencing of riparian buffer area to protect remaining vegetation;

ii. Nonnative/noxious weed removal and maintenance; and/or

iii. Enhancement of RMZ through planting of native vegetation.

c. Proposed pedestrian/bike trails shall demonstrate though best available science that the location and width of the trail minimizes any adverse impacts on habitat and that measures to reduce effects during construction are implemented.

d. Off-road motorized vehicle use in riparian management zones is prohibited.

(Ord. 16-018 § 6 (Att. B), 2016)

§ 21.40.033 Performance standards.

All development and uses shall be prohibited within FWHCAs and their buffers, except when they are in accordance with SVMC § 21.40.033.

A. No Net Loss. A FWHCA buffer may be altered only if the proposed alteration of the habitat or the mitigation proposed does not create a net loss of the quantitative and qualitative ecological functions necessary to sustain the FWHCA.

B. No plant, wildlife, or fish species not indigenous to the region shall be introduced into a FWHCA unless authorized by a state or federal permit or approval.

C. Contiguous functioning habitat corridors are preferred to minimize the isolating effects of development on habitat areas.

D. Vegetation.

1. Vegetation shall be maintained in its natural state and shall be disturbed only as minimally necessary for the development.

2. Riparian vegetation shall not be removed unless there are no other alternatives available, as documented in a habitat management plan prepared by a qualified professional. When it is necessary, only those areas of vegetation that are absolutely unavoidable may be cleared and shall be re-vegetated with natural riparian vegetation as soon as possible.

E. The subdivision of land shall comply with the following provisions:

1. Plat area that is located wholly within a FWHCA or its buffer may not be subdivided;

2. Plat area that is located partially within a FWHCA or its buffer may be divided; provided, that an accessible and contiguous portion of each new lot is located outside of the FWHCA or its buffer; and

3. Access roads and utilities serving the proposal may be permitted within the FWHCA and associated buffers only if the City determines that no other feasible alternative exists and when consistent with Chapter 21.40 SVMC.

F. A project may be conditioned to minimize or mitigate any potential adverse impacts. Conditions may include, but are not limited to, the following:

1. Establishment of buffer zones;

2. Preservation of critically important vegetation and requirements for re-vegetation of disturbed areas with native plants;

3. Vegetation screenings to reduce the potential for harassment from people and/or domesticated animals;

4. Limitation of access to the habitat area during critical times of the year;

5. Fencing to protect wildlife and deter unauthorized access;

6. Dedication of all or part of the required open space to fish and wildlife habitat conservation; and

7. Seasonal restriction of construction activities.

G. FWHCAs with Endangered, Threatened, or Sensitive Species.

1. No development shall be allowed within a FWHCA or buffer where state or federal endangered, threatened, or sensitive species have a primary association without state and federal consultation and approval from WDFW and USFWS, respectively.

2. Approval for alteration of land or activities adjacent to a FWHCA having a primary association with state or federally endangered, threatened, or sensitive species shall not occur prior to consultation with the WDFW.

3. Bald eagle habitat shall be protected consistent with the federal Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act, which may require coordination with the USFWS.

(Ord. 16-018 § 6 (Att. B), 2016)

§ 21.40.034 Adjustment of habitat buffer areas.

A. Habitat buffer areas may be reduced by the city manager or designee up to a maximum of 10 percent if the buffer area is enhanced using native plants, including trees and shrubs, according to a habitat management plan prepared in consultation with the Spokane County Conservation District and the WDFW.

B. The habitat buffer width may be averaged (reduced in width near a development but widened elsewhere to retain the overall area of the habitat buffer) if all of the following conditions are met:

1. The FWHCA has significant differences in characteristics that affect its habitat functions, such as a native forested component adjacent to a degraded herbaceous component;

2. The buffer is increased adjacent to the higher-functioning area of habitat or more sensitive portion of the FWHCA and decreased adjacent to the lower-functioning or less sensitive portion;

3. The total area of the buffer, after averaging, is equal to or greater than the area required without averaging; and

4. The buffer at its narrowest point is never less than 75 percent of the original habitat buffer width.

C. Reductions for Functionally Isolated RMZ Areas.

1. RMZs shall not extend beyond linear roadways or large paved areas (e.g., parking lots) where the intersecting development results in habitats that are functionally isolated from the stream area by the intervening feature. This applies only to paved roads and gravel roads that receive more than one vehicle per hour average daily traffic (does not apply to infrequently used driveways, trails, etc.).

D. Habitat buffer areas may be increased by the city manager or designee up to a maximum of 25 percent if:

1. The land adjacent to water is susceptible to severe erosion and other erosion control measures will not prevent adverse impacts; or

2. The land adjacent to the water has minimal vegetative cover or slopes greater than 30 percent.

E. The provisions of SVMC § 21.40.034 shall not apply to areas regulated by the City pursuant to its SMP and Chapter 21.50 SVMC.

(Ord. 16-018 § 6 (Att. B), 2016; Ord. 17-004 § 3, 2017)

§ 21.40.035 Fish and wildlife habitat mitigation.

A. When necessary, fish and wildlife habitat mitigation shall be documented in a habitat management plan (see SVMC § 21.40.036(A)).

B. Mitigation sites shall be located:

1. Preferably to achieve contiguous-functioning habitat corridors that minimize the isolating effects of development on habitat areas; and

2. Within the same aquatic ecosystem as the area disturbed.

C. Where available, irrigation shall be installed for mitigation plantings to ensure survival during the first two years of plant growth.

D. Landscaping plans shall be informed by local reference riparian and shrub-steppe vegetation conditions and be prepared by a qualified professional or landscape architect. Only native vegetation may be used in habitat mitigation plans, excluding sterile vegetation used for temporary erosion control.

E. Mitigation shall be installed no later than the next growing season after completion of buffer impacts, unless otherwise approved by the city manager or designee.

F. Mitigation sites shall be maintained to ensure that the mitigation and management plan objectives are successful.

1. Maintenance shall include corrective actions to rectify problems, including rigorous, as-needed elimination of undesirable plants; protection of shrubs and small trees from herbivory and competition by grasses and herbaceous plants; and repair and replacement of any dead woody plants.

2. Areas proposed for mitigation shall be maintained so they have no more than 20 percent total plant cover consisting of invasive species. Invasive species include any species on the state noxious weed list.

G. Monitoring Required. An applicant shall monitor the performance of any required mitigation and submit performance monitoring reports annually to the City.

1. Mitigation sites shall be monitored for a period of time appropriate to the proposed mitigation as determined in a habitat management plan prepared by a qualified professional.

2. At the end of the monitoring period, the qualified professional shall be required to verify that the conditions of approval and provisions in the habitat management plan have been satisfied.

3. Mitigation planting survival shall be 100 percent for the first year and 80 percent for each subsequent year.

4. If the final annual monitoring report clearly demonstrates that the site has achieved all goals and objectives set forth in the approved habitat management plan, the applicant shall be released from additional mitigation obligations. If, however, performance objectives are not met, additional maintenance, adaptive management, and performance monitoring shall be required until all objectives are met.

(Ord. 16-018 § 6 (Att. B), 2016; Ord. 17-004 § 3, 2017)

§ 21.40.036 Additional critical area report requirements for fish and wildlife habitat conservation areas.

A. Report Contents. In addition to the critical area report requirements in SVMC § 21.40.015, FWHCA reports shall include:

1. Habitat assessment, including:

a. Detailed description of vegetation on and adjacent to the project area;

b. Identification of any plant or animal species of local importance, PHS, or endangered, threatened, sensitive, or candidate species that have a primary association with habitat on or adjacent to the project area, and assessment of potential project impacts to the use of the site by the species;

c. A discussion of any federal, state, or local special management recommendations, including WDFW habitat management recommendations, that have been developed for species or habitats located on or adjacent to the project area;

d. A discussion of measures, including mitigation sequencing, proposed to preserve existing habitats or restore any habitat that was degraded prior to the current proposed land use activity; and

e. A discussion of ongoing management practices that will protect habitat after the project site has been developed, including proposed monitoring and maintenance programs.

2. Habitat Management Plan. Any proposal in a FWHCA, associated buffer area, or within one-quarter mile of a priority species den or nest site shall provide a habitat management plan which includes at least the following:

a. A plan, drawn to scale, that identifies:

i. The location of the proposed site;

ii. The relationship of the site to surrounding topography and developed areas;

iii. The nature and intensity of the proposed use or activity;

iv. Proposed improvement(s) locations and arrangements;

v. The location of the ordinary high water mark, SMP, and RMZ boundary lines;

vi. The legal description and the total acreage of the parcel;

vii. Existing structures and landscape features including the name and location of all waters within 300 feet of the proposal; and

viii. The location of priority habitat types or priority species point locations within one-quarter mile of the proposal.

b. An analysis of the effect of the proposed use or activity upon FWHCAs or associated species and riparian habitat area.

c. A mitigation plan that may include, but is not limited to:

i. Establishment of perpetual buffer areas;

ii. Preservation and/or restoration of native flora;

iii. Limitation of access to habitat area;

iv. Seasonal restriction of construction activities;

v. Clustering of development and preservation of open space;

vi. Signs marking habitats or habitat buffer areas;

vii. Use of low impact development techniques;

viii. Recorded deed, plat or binding site plan or planned unit development covenant, condition, or restriction legally establishing FWHCA for subject property;

ix. Conservation or preservation easements; and

x. Dedication or conveyance of title of a FWHCA to a public entity for the purpose of conservation.

d. A summary of consultation with the WDFW. If the habitat management plan recommends mitigation involving federally listed threatened or endangered species, migratory waterfowl, or wetlands, the USFWS shall receive a copy of the draft habitat management plan and their review comments shall be included in the final report. The city manager or designee shall have the authority to approve habitat management plans or require additional information.

B. Conditions established by an approved habitat management plan shall be included as a condition of approval for a permit.

(Ord. 16-018 § 6 (Att. B), 2016; Ord. 17-004 § 3, 2017)

§ 21.40.040 Special flood hazard areas.

Chapter 21.30 SVMC is incorporated by reference herein and governs all uses, activities, and structures within special flood hazard areas.

(Ord. 16-018 § 6 (Att. B), 2016)

§ 21.40.041 Additional critical areas report requirements for special flood hazard areas.

A. In addition to the critical area report requirements in SVMC § 21.40.015, critical area reports for special flood hazard areas shall include a site plan, showing:

1. All areas of a special flood hazard within 200 feet of the project area, as indicated on the currently adopted flood insurance map(s);

2. The 100-year flood elevation, the 10- and 50-year flood elevations (if available), and floodway;

3. Critical areas, buffers, and shoreline areas; and

4. Elevation of the lowest floor (including basement) of all structures, and the level to which any nonresidential structure has been flood-proofed.

B. Alteration of natural watercourses shall be avoided, if feasible. If unavoidable, the critical area report shall include:

1. A description of and plan showing the extent to which a watercourse will be altered or relocated;

2. A maintenance plan that provides maintenance practices for the altered or relocated portion of the watercourse to ensure that the flood-carrying capacity is not diminished and downstream or upstream properties are not impacted; and

3. A description of how the proposed watercourse alteration complies with the requirements of FWHCAs, the SMP, and other applicable state or federal permit requirements.

(Ord. 16-018 § 6 (Att. B), 2016)

§ 21.40.050 Geologically hazardous areas.

SVMC § 21.40.050 through § 21.40.054 shall apply to all clearing, uses, modifications, or development activities within or possibly impacting designated geologically hazardous areas and associated buffers.

(Ord. 16-018 § 6 (Att. B), 2016)

§ 21.40.051 Exemptions.

The following shall be exempt from the provisions of SVMC § 21.40.052 through § 21.40.054:

A. Operation, maintenance, or repair activities that do not require construction permits and do not alter the topography or the hydrology, and do not significantly alter the vegetation so long as the activity does not further alter or increase impact to, or encroach further within, the critical area or buffer and there is no increased risk to life or property as a result of the proposed operation, maintenance or repair.

B. Work directly related to ending a condition that (1) is an immediate threat to the public health, safety, and welfare, or creates an immediate risk of damage to public or private property, and (2) requires remedial or preventive action in a time frame too short to allow compliance with the application provisions of SVMC § 21.40.052 through § 21.40.054; provided, that the work is the minimum work necessary to end the condition and the work is consistent with the development standards of Chapter 21.40 SVMC to the extent practicable. Once the city manager or designee determines that the condition no longer meets these criteria, all work is subject to the provisions of Chapter 21.40 SVMC, including, but not limited to, its application requirements, its development standards, and any requirements for technical reports and reviews for work that was exempt at the time it was performed.

C. Low impact activities such as passive recreation, scientific research, conservation practices, harvesting of wild crops, noxious weed control, and pedestrian/bike trails.

(Ord. 16-018 § 6 (Att. B), 2016; Ord. 17-004 § 3, 2017)

§ 21.40.052 Designation and classification.

A. Areas susceptible to one or more of the following types of hazards shall be classified as a geologically hazardous area:

1. Erosion Hazard. Often associated with steep slopes, unconsolidated soils, severe rill, and interrill erosion potential per U.S. Department of Natural Resource Conservation Service (NRCS), sparse vegetation;

2. Landslide Hazard. Often associated with steep slopes such as 30 percent or greater with vertical relief of 10 or more feet, undercut slopes, groundwater over relatively impermeable substrate, areas of historic failures, Latah formation (sedimentary layers of clay interlain between basalt flows);

3. Seismic Hazard. Often associated with severe risk of damage as a result of earthquake-induced ground shaking, slope failure, settlement or subsidence, soil liquefaction, surface faulting. The City is not in an area of severe risk for seismic hazards; therefore, no designation of these areas is warranted at this time; or

4. Areas subject to other geological events such as surface mine hazards, volcanic hazards, mass wasting, debris flows, rock falls, and differential settlement. Initial research and investigation has determined that these hazards do not currently exist in the City at a level warranting designation.

B. The approximate location and extent of geologically hazardous areas are shown on the adopted critical area maps and data as obtained from pertinent agencies such as the following:

1. U.S. Geological Survey;

2. NRCS;

3. Washington Department of Natural Resources;

4. FEMA flood insurance maps; and

5. Locally adopted maps.

The maps and data sources provide a general level of information and are not intended to pinpoint geologic hazards on individual sites or properties. The City shall maintain a collection of potential geologically hazardous area inventory maps and data or locations of data for purposes of providing information on the general location of geologically hazardous areas. Use of the maps and data shall be for informational purposes only. The geologically hazardous areas maps and data shall be updated as more accurate information becomes available.

C. Areas exhibiting the characteristics of geologically hazardous areas pursuant to SVMC § 21.40.052(A) that are not designated on the geologic hazard inventory maps (SVMC § 21.40.052(B)) may be designated as critical areas by City staff or a qualified professional at the time of project review.

D. Due to the uncertainties in delineating geological hazards, buffers shall be established from all edges of geologically hazardous areas.

1. The minimum buffer shall be 50 feet and shall extend to the top of the slope above the hazard area.

2. The buffer may be reduced to a minimum of 10 feet when a qualified professional demonstrates that the reduction will adequately protect the proposed development, adjacent developments and uses, and the subject critical area.

3. The buffer may be increased where the City determines a larger buffer is necessary to prevent risk of damage to proposed and existing development.

(Ord. 16-018 § 6 (Att. B), 2016)

§ 21.40.053 Performance standards.

A. Unless specifically exempt above or otherwise waived by the City, the applicant of any proposed activity in a parcel with boundaries within 50 feet of a geologic hazard area and/or its buffer (if designated) or in area determined by a qualified professional to be a potential geologic hazard, especially those activities that alter the topography, vegetation, or hydrology, shall:

1. Attend a pre-development conference with the City on the project;

2. If applicable, meet the requirements of the Spokane Regional Stormwater Manual (SRSM) and shall apply for and meet the requirements of an engineered grading permit pursuant to Chapter 24.50 SVMC;

3. Retain a geologist currently licensed in Washington State or a qualified geotechnical engineer (a professional engineer currently licensed by the state of Washington with geotechnical engineering as a specialty) to:

a. Review all aspects of the project's design (topography, landscaping, stormwater, etc.), construction (clearing, grubbing, grading, erosion, phasing, etc.), operation, and maintenance;

b. Provide recommendations, with copies of the review comments and recommendations provided to the City. Recommendations may specify that no activity may occur or that some or all may occur. For any proposed activity that the geologist or geotechnical engineer states may occur, the recommendations shall ensure that the proposed activity both in short term and in long term:

i. Minimizes impacts;

ii. Shall not result in any damage to other property;

iii. Shall not increase the risk or threat of the geological hazard to adjacent properties beyond pre-development conditions;

iv. Shall not result in a need for increased buffers on neighboring properties;

v. Shall not adversely impact other critical areas;

vi. Is designed using best management practices and best available science;

vii. Is designed so that the hazard is eliminated or mitigated to a level equal to or less than pre-development conditions;

viii. Is determined to be safe as designed and under anticipated conditions; and

ix. Locates structures and improvements such that the most critical portion of the site and its natural landforms and vegetation are preserved;

c. Prepare a geotechnical study that addresses the following:

i. A detailed description of the project, its relationship to the geologic hazard(s), and its potential impact upon the hazard area, the subject property, and affected adjacent properties;

ii. A description of the surface and subsurface geology, hydrology, soils, and vegetation found in the project area and in all hazard areas addressed in the report;

iii. Vegetation needing to be retained or removed;

iv. The present stability of the proposed development, stability of the proposed site during construction, stability after all development activity is completed, and a discussion of the relative risks and slide potential relating to adjacent properties during each stage of development;

v. Proposed location of buildings, roadways, and other improvements that reflect careful consideration of geohazards and efforts to avoid or minimize impacts;

vi. Grading and earthwork, including compaction and fill material requirements; use of site soils as fill or backfill, imported fill or backfill requirements; height and inclination of both cut and fill slopes, terracing, and erosion control; and wet weather considerations and/or limitations;

vii. A detailed overview of the field investigations, published data, and references; data and conclusions from past assessments of the site; and site-specific measurements, tests, investigations, or studies that support the identification of geologically hazardous areas;

viii. A description of the vulnerability of the site to seismic and other geologic events;

ix. Recommendations for the minimum no-disturbance buffer and minimum building setback from any geologic hazard based upon the geotechnical analysis;

x. A mitigation plan addressing how the activity maintains or reduces the pre-existing level of risk to the site and adjacent properties on a long-term basis (equal to or exceeding the projected lifespan of the activity or occupation); specific mitigation measures for impacts to all critical areas and related buffers before, during, and after construction;

xi. Location and methods of drainage and surface water management. A plan and schedule to monitor stormwater runoff discharges from the site shall be included if there is a significant risk of damage to downstream properties or receiving waters;

xii. Locations and methods of erosion control, a vegetation management and/or replanting plan, and/or other means for maintaining long-term soil stability;

xiii. Impacts of landslide run-out on downslope properties;

xiv. Recommendations for building limitations, structural foundations, and an estimate of foundation settlement;

xv. An analysis of proposed surface and subsurface drainage and the vulnerability of the site to erosion; and

xvi. Documents findings, recommendations, and concerns; and

d. Observe and assess mitigation performance during monitoring period.

B. The City shall review the proposals, recommendations, and geotechnical study and may condition the project based upon its review to ensure the applicant provides all necessary mitigation to ensure there are no remaining safety concerns associated with alteration of the geologically hazardous area. To expedite review, the City may hire a qualified professional for this review, which would be paid for at the applicant's expense.

(Ord. 16-018 § 6 (Att. B), 2016)

§ 21.40.054 Additional critical areas report requirements for geologically hazardous areas.

A. Report Requirements. In addition to the critical area report requirements in SVMC § 21.40.015, geologically hazardous area reports shall include:

1. A site plan showing the following:

a. The location of all geologic hazard areas, springs, seeps, or other surface expressions of groundwater on or within 200 feet of the project area;

b. Location and boundaries of all critical areas and related buffers on the site and on adjacent lands within 25 feet of the site's property lines, noting both total square footage and percentage of site covered by critical areas and related buffers;

c. Location and identification of all riparian corridors and wetlands within 100 feet of the site's property lines;

d. Location and boundaries of all existing and proposed site improvements on the site, on adjacent lands within 25 feet of the site's property lines, and on the full width of abutting public rights-of-way and private easements. This shall include the amount of proposed land-disturbing activities, including amounts of developmental coverage, impervious surfaces, and construction activity areas (noting total square footage and percentage of site occupied);

e. Stormwater-flow characteristics within the site, on adjacent sites within 25 feet of the site's property lines, and on the full width of abutting public rights-of-way and private easements;

f. Location of all grading activities in progress, and all natural and artificial drainage control facilities or systems in existence or on adjacent lands or on the site or within 25 feet of the site's property lines, and in the full width of abutting public rights-of-way and private easements;

g. Location of all existing utilities (water, sewer, gas, electric, phone, cable, etc.), both above and below ground, on the site, on adjacent lands within 25 feet of the site's property lines, and in the full width of abutting public rights-of-way;

h. For a proposal potentially affecting or affected by an erosion or landslide hazard area:

i. The height of slope, slope gradient, and cross section of the project area within the hazard area; and

ii. Stormwater runoff disposal location and flow patterns.

B. Geologically hazardous area reports shall be prepared by a geologist currently licensed in Washington State or a qualified geotechnical engineer (a professional engineer currently licensed by the state of Washington with geotechnical engineering as a specialty).

C. A geotechnical report, prepared within the last five years for a nearby and applicable site, and where the proposed land use activity and surrounding site conditions are unchanged, may be incorporated into the required critical area report for reference. The applicant shall submit a geotechnical assessment detailing any changed environmental conditions associated with the site.

(Ord. 16-018 § 6 (Att. B), 2016)

§ 21.40.060 Critical aquifer recharge areas.

SVMC § 21.40.060 through § 21.40.063 apply to developments and uses that have the potential to adversely impact surface water or groundwater resources within critical aquifer recharge areas and especially those within wellhead protection areas.

(Ord. 16-018 § 6 (Att. B), 2016)

§ 21.40.061 Designation and classification.

A. Critical aquifer recharge areas (CARAs) are those areas with a critical recharging effect on aquifers used for potable water as defined pursuant to WAC 365-190-030(2) as promulgated or hereafter amended. CARAs have prevailing geologic conditions associated with infiltration rates that create a high potential for contamination of groundwater resources and/or contribute significantly to the replenishment of groundwater.

B. CARAs are rated as having a high, moderate, or low susceptibility based on a scientific analysis of soils, hydraulic conductivity (the ease with which water moves between the surface and aquifers), annual rainfall, depth to aquifers, importance of the material between soils and aquifers (vadose zone), and wellhead protection information.

1. Due to the geologic conditions within the SVRP aquifer, the entire City is identified as a high susceptibility CARA area.

2. An aquifer map maintained by the City documents the location of wellhead protection zones.

(Ord. 16-018 § 6 (Att. B), 2016)

§ 21.40.062 Performance standards.

A. The uses listed in Table 21.40-6 shall be conditioned as necessary to protect CARAs in accordance with applicable state and federal regulations.

Table 21.40-6 – Statutes, Regulations, and Guidance Pertaining to Groundwater Impacting Activities
Activity	Statute – Regulation – Guidance
Aboveground storage tanks	WAC 173-303-640
Chemical treatment, storage, and disposal facilities	WAC 173-303-300
Hazardous waste generator (boat repair shops, biological research facility, dry cleaners, furniture stripping, motor vehicle service garages, photographic processing, printing and publishing shops, etc.)	WAC 173-303-300; SRSM
Injection wells	40 CFR Parts 144 and 146; Chapter 173-218 WAC; SRSM
Junk yards and salvage yards	Vehicle and Metal Recyclers – A Guide for Implementing the Industrial Stormwater General NPDES Permit Requirements (94-146); SRSM
On-site sewage systems (< 14,500 gallons/day)	Chapter 246-272A WAC; local health ordinances
On-site sewage systems (large scale)	Chapter 246-272B WAC
Pesticide storage and use	Chapters 15.54 and 17.21 RCW
Solid waste handling and recycling facilities	Chapter 173-304 WAC
Surface mining	WAC 332-18-015
Underground storage tanks	Chapter 173-360 WAC
Vehicle repair and service uses, including automobile washers	Chapter 173-216 WAC; Best Management Practices Manual for Vehicle and Equipment Washwater Discharges (WQ-R-95-056); SRSM

B. Additional Performance Standards for Storage Tanks That Store Hazardous Substances or Waste.

1. All storage tanks shall:

a. Comply with SVMC Title 24 (building code) and fire department requirements;

b. Use material in the construction or lining of the tank that is compatible with the substance to be stored;

c. Not allow the release of a hazardous substance to the ground, groundwater, or surface water;

d. Prevent releases due to corrosion or structural failure for the operational life of the tank; and

e. Be protected against corrosion, constructed of noncorrosive material, steel clad with a noncorrosive material.

2. All new underground storage tanks shall include a built-in secondary containment system that prevents the release or threatened release of any stored substances.

3. All new aboveground storage tanks shall include a secondary containment structure and meet either of the criteria below:

a. If the secondary containment is built into the tank structure, the tank shall be placed over a sealed impervious pad surrounded with a dike. The impervious pad/dike shall be sized to contain the 10-year storm if exposed to the weather; or

b. If the tank is single walled, the tank shall be placed over a sealed impervious pad surrounded with a dike. The impervious pad/dike shall have the capacity to contain 110 percent of the largest tank plus the 10-year storm if exposed to the weather.

C. Additional Performance Standards for Vehicle Repair and Servicing.

1. Vehicle repair and servicing shall be conducted over impermeable pads and within a covered structure capable of withstanding normally expected weather conditions.

2. Vehicle repair and servicing shall occur at facilities with oil/water separation to prevent contamination of the groundwater.

D. Additional Standards for Chemical Storage.

1. All chemicals used shall be stored in a manner that protects them from weather. Secondary containment shall be provided.

2. On-site disposal of any critical material or hazardous waste shall be prohibited.

E. Developments and uses shall provide for the treatment and disposal of stormwater runoff from impervious surfaces in a manner consistent with Chapter 22.150 SVMC and the SRSM.

(Ord. 16-018 § 6 (Att. B), 2016)

§ 21.40.063 Additional critical area report requirements for critical aquifer recharge areas.

A. Applicability.

1. All developments and uses listed in SVMC § 21.40.060 shall provide a narrative and plan to show how development complies with the regulations and performance standards in SVMC § 21.40.062.

2. Proposed developments and uses that are unable to satisfy the performance standards in SVMC § 21.40.062 or that are located in a wellhead protection area and will create untreated runoff shall submit a hydrogeological assessment report.

B. Hydrogeologic Assessment Report Contents. In addition to the critical area report requirements in SVMC § 21.40.015, hydrogeological reports shall include:

1. Available geologic and hydrogeological characteristics of the site, including groundwater depth, flow direction, gradient, and permeability of the unsaturated zone;

2. Discussion of the effects of the proposed project on groundwater quality and quantity;

3. Identification of all critical or hazardous materials used, handled, or stored on site;

4. A list of hazardous materials noting Material Safety Data Sheet summary information and the amount and concentrations of critical material used, handled, or stored;

5. A spill containment management plan that identifies equipment and/or structures that could fail, resulting in an impact. Spill plans shall include provisions for regular inspection, repair, replacement of structures and equipment that could fail, mitigation and cleanup in the event of a spill; and

6. Best management practices proposed to be utilized.

(Ord. 16-018 § 6 (Att. B), 2016)

§ 21.40.070 Reasonable use determination.

A. The standards and regulations of Chapter 21.40 SVMC are not intended and shall not be construed or applied in a manner to deny all reasonable economic use of private property. If an applicant demonstrates to the satisfaction of the city manager or designee that strict application of the standards of Chapter 21.40 SVMC would deny all reasonable economic use of their property, development may be permitted subject to appropriate conditions, derived from Chapter 21.40 SVMC, as determined by the city manager or designee.

B. An applicant requesting relief from strict application of these standards shall demonstrate the following:

1. That no reasonable use with less impact on the critical area and buffer or setback is feasible and reasonable;

2. That there is no feasible and reasonable on-site alternative to the activities proposed, considering possible changes in site layout, reductions in density, and similar factors;

3. That the proposed activities, as conditioned, will result in the minimum possible impacts to critical area and buffer or setback;

4. That all reasonable mitigation measures have been implemented or assured; and

5. That the inability to derive reasonable economic use is not the result of the applicant's actions.

C. Decision. The city manager or designee shall include findings on each of the evaluation criteria listed in SVMC § 21.40.070(B) in a written decision. The written decision shall be mailed to the applicant and adjacent property owners, including property owners across public rights-of-way or private easements. The written decision shall include conditions necessary to serve the purposes of Chapter 21.40 SVMC.

(Ord. 16-018 § 6 (Att. B), 2016; Ord. 17-004 § 3, 2017)