The city shall maintain reference maps and materials (or, in the case of web-based resources, shall maintain access to the materials) that provide information on the general locations of critical areas and their functions and values, to the extent those are known, and shall make the materials available for reference in the city offices. Since boundaries are generalized, the application of this chapter and the actual type, extent, and boundaries of critical areas shall be determined and governed by the designation and classification sections for each type of critical area. In the event of any conflict between the maps (on the one hand) and the provisions of this chapter or the site-specific conditions (on the other hand), the provisions and/or site-specific conditions shall prevail. Site-specific reports prepared by qualified professionals, in accordance with city regulations, shall supersede generalized mapping resources. Reference materials shall include, but shall not be limited to, the following (or, where applicable, any subsequent or amended version):
A. 
The Web Soil Survey (available online at http://websoilsurvey.nrcs.usda.gov).
B. 
Wellhead protection zone map, prepared by the Washington State Department of Health, Division of Environmental Public Health, Office of Drinking Water, Source Water Assessment Program.
C. 
Flood Insurance Study: City of Leavenworth, Washington, Chelan County and the accompanying Flood Hazard Boundary Maps and Flood Insurance Rate Maps.
D. 
Flood Insurance Study: Chelan County, Washington: Unincorporated areas and the accompanying Flood Hazard Boundary Maps and Flood Insurance Rate Maps.
E. 
2016 Regional Stormwater/Wetland Plan, as amended.
F. 
Management Recommendations for Priority Habitats and Species.
G. 
Management Recommendations for Washington's Priority Habitats: Riparian.
H. 
Maps published by the U.S. Geologic Survey or the Washington State Department of Natural Resources showing areas designated as quaternary slumps, earthflows, mud flows, lahars, or landslides.
I. 
The Seismic Design Category Map for Residential Construction in Washington, Sheet 2.
J. 
Any geological assessments, geotechnical reports, hydrogeologic evaluations, channel migration zone studies, or other special or detailed studies (including approved critical areas studies), including those that identify critical areas and those that identify areas not subject to the city's critical areas regulations.
K. 
City of Leavenworth flood damage prevention regulations.
L. 
Wetlands map, based on the National Wetlands Inventory (NWI) maps.
M. 
The approved federal wetland delineation manual and applicable regional supplements: Environmental Laboratory. 1987. "Corps of Engineers Wetlands Delineation Manual," Technical Report Y-87-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, Miss.; U.S. Army Corps of Engineers. 2008. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys and Coasts.
N. 
Washington State Wetlands Rating System for Eastern Washington (Department of Ecology Publication No. 14-06-030, or as amended).
O. 
Wetlands in Washington State, Volumes 1 and 2 (Department of Ecology Publications No. 05-06-006 and No. 05-06-008, or as amended).
P. 
Wetland Guidance for CAO Updates (Eastern Washington) (Ecology Publication No. 16-06-002), June 2016, as amended.
Q. 
City of Leavenworth Comprehensive Plan.
R. 
City of Leavenworth Shoreline Master Program.
S. 
Current applicable building codes.
T. 
Monitoring data.
(Ord. 1395 § 1 (Exh. A), 2011; Ord. 1597 § 1 (Att. A), 2019)
A. 
Preapplication Conference. All applicants are encouraged to meet with city staff prior to submitting an application subject to this chapter. The purpose of the meeting shall be to discuss the city's critical areas requirements, processes and procedures; to review any conceptual site plans prepared by the applicant; to discuss appropriate investigative techniques and methodology; to identify potential impacts and mitigation measures and to schedule a site visit. Such conference shall be for the convenience of the applicant and any recommendations shall not be binding on the applicant or the city.
B. 
Preliminary Evaluation.
1. 
Submittal of a critical areas review checklist (city form) or a SEPA checklist (state form) shall be required prior to any development or other alteration in or within a known critical area.
2. 
On receipt of a critical areas review checklist or SEPA, the administrator shall conduct a preliminary evaluation, which may include visiting the site and reviewing the following information.
a. 
Any pertinent information provided by the applicant;
b. 
Relevant reference materials; and
c. 
Any other pertinent information including but not limited to the information on the critical areas review checklist or SEPA checklist.
Based on the preliminary evaluation, the administrator shall determine whether or not sufficient information is available to evaluate the proposal.
3. 
If the administrator determines that the information presented is not sufficient to adequately evaluate the impact on critical areas of a proposed alteration, he or she shall notify the applicant that a critical area study is required. In the event that multiple critical areas occur on a given site, each critical area shall be addressed independently and all critical areas shall be addressed collectively for the purpose of determining development standards and appropriate mitigating measures.
4. 
In the case of landslide or erosion hazard areas, should the applicant question the presence of such areas on the site, the applicant may submit a geological assessment prepared by a qualified professional for geological hazards, consistent with this chapter.
C. 
Critical Area Study. If the administrator determines that the site of a proposed development includes, is likely to include, or is adjacent to one or more critical areas, a critical area study may be required. When required, the expense of preparing the critical area study shall be borne by the applicant. The content, format and extent of the critical area study shall be approved by the administrator.
1. 
The requirement for a critical area study may be waived by the administrator if there is substantial evidence that:
a. 
There will be no alteration of the critical area(s) and/or the required buffer(s); and
b. 
The proposal will not impact the critical area(s) in a manner contrary to the purpose, intent and requirements of this chapter and the city's comprehensive plan; and
c. 
The minimum standards of this chapter will be met.
2. 
No critical area study is required for proposals that are exempt from the provisions of this chapter as set forth under LMC § 16.08.140, Exemptions.
3. 
Every critical area study shall be completed by a qualified professional who is knowledgeable about the specific critical area(s) in question, and approved by the administrator.
4. 
At a minimum, a required critical area study shall contain the following information:
a. 
Applicant's name and contact information; permits being sought; and description of the proposal;
b. 
A copy of the site plan for the alteration proposal, drawn to scale and showing:
i. 
Identified critical areas, buffers, and the proposed alteration with dimensions;
ii. 
Limits of any areas to be cleared; and
iii. 
A description of the proposed stormwater management plan for the development and consideration of impacts to drainage alterations;
c. 
The names and qualifications of the persons preparing the report and documentation of any fieldwork performed on the site;
d. 
Identification and characterization of all critical areas within, or within 250 feet of, the project area or within any proposed buffer;
e. 
An assessment of the probable cumulative impacts to critical areas resulting from the proposed development of the site;
f. 
An analysis of site development alternatives;
g. 
A description of reasonable efforts made to apply mitigation sequencing, as defined in these regulations, to avoid, minimize, and otherwise mitigate impacts to critical areas;
h. 
A mitigation plan as set forth in these regulations;
i. 
A discussion of the performance standards proposed to ensure that ecological functions of critical areas are protected and health and safety hazards associated with critical areas are precluded;
j. 
Financial guarantees proposed to ensure compliance with mitigation plan and performance standards; and
k. 
Any additional information required for specific critical areas as listed in subsequent sections of these regulations.
5. 
The administrator may request any other information reasonably deemed necessary to understand impacts to critical areas.
6. 
Development Standards.
a. 
Upon review of the critical area study, the administrator may require compliance with all or part of the development standards listed in this chapter. At a minimum, the administrator shall require that development mitigate any impacts that degrade the functions and values of critical areas in accordance with the mitigation provisions of this chapter.
b. 
The administrator shall waive all or part of the development standards required by this chapter if he or she determines that the potential impact of the proposal (including impact on critical areas and impact on the public health, safety, and welfare) and the protection measures proposed have been previously reviewed pursuant to this chapter under separate application and that an adequate degree of protection has been provided.
D. 
Mitigation Requirements for Fish and Wildlife Habitat, Geologically Hazardous Areas and Wetlands.
1. 
The applicant shall avoid all impacts that degrade the functions and values of critical areas. If alteration is unavoidable, adverse impacts to critical areas and buffers resulting from the proposal shall be mitigated in accordance with an approved critical areas study or SEPA documents/mitigation, with the exception that de minimis impacts may be allowed. The location of any mitigation site shall be consistent with best available science and may be on site or off site.
2. 
Mitigation Sequencing. Applicants shall use the least intrusive type of mitigation feasible, and shall demonstrate that less intrusive types of mitigation have been evaluated. The types of mitigation, from least to most intrusive, are:
a. 
Avoiding the impact altogether by not taking a certain action or parts of an action;
b. 
Minimizing 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;
c. 
In the case of frequently flooded areas and geologically hazardous areas, minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineered methods or other methods designed by a qualified design professional;
d. 
Rectifying the impact by repairing, rehabilitating, or restoring the affected environment to historic conditions or the conditions existing at the time the project was initiated;
e. 
Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the life of the action;
f. 
In the case of critical aquifer recharge areas, frequently flooded areas, fish and wildlife habitat conservation areas, and wetlands, compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and
g. 
Monitoring the impact using a planned evaluation process and taking appropriate corrective measures.
3. 
Mitigation Plan. When mitigation is required, the applicant shall submit for approval a mitigation plan as part of the critical area study. Approval of a mitigation plan shall be processed according to the provisions of LMC Title 21, Development Code Administration, governing a full administrative review. The mitigation plan shall include a written report identifying:
a. 
Mitigation objectives, including:
i. 
A description of the anticipated impacts to critical areas and their buffers, the type or types of mitigation proposed, and the purposes of the measures proposed, including site selection criteria; identification of compensation objectives; identification of critical area functions and values; and dates for beginning and completion of any on-site mitigation activities;
ii. 
The impacts of any proposed alteration of a critical area or buffer, including proposed mitigation activities, on the development site, other properties and the environment;
iii. 
A review of the best available science supporting the proposed mitigation and a description of the report author's experience to date in critical areas mitigation; and
iv. 
An analysis of the likelihood of success of the proposed mitigation.
b. 
Measurable criteria for evaluating whether or not the objectives of the mitigation plan have been successfully attained and whether or not the requirements of these regulations have been met.
c. 
Descriptions and specifications for any on-the-ground mitigation activities, including, but not limited to:
i. 
Proposed construction sequence, timing, and duration;
ii. 
Grading and excavation details;
iii. 
Erosion and sediment control measures;
iv. 
A planting plan specifying plant species, quantities, locations, size, and spacing; and
v. 
Measures to protect and maintain plants until established.
d. 
Where on-the-ground mitigation activities are proposed, construction and post-construction monitoring programs.
i. 
The purpose of the construction monitoring program is to monitor adherence to the mitigation specifications and any other requirements of these regulations.
ii. 
The purpose of the post-construction monitoring program is to determine whether mitigation objectives are being achieved and, if not, prescribe corrective measures. The program shall include a schedule for monitoring the project over a period adequate to establish that mitigation objectives have been met, generally at least five years from completion of the mitigation project, and shall describe the methods to be used in monitoring.
e. 
A list of potential corrective measures to be taken if monitoring or evaluation indicates project objectives are not being achieved.
4. 
Monitoring and Reporting. The mitigation project shall be monitored as specified in the mitigation plan. A monitoring report shall be submitted by the project proponent to the administrator according to the schedule specified in the mitigation plan, to document monitoring outcomes and any contingency actions.
(Ord. 1395 § 1 (Exh. A), 2011; Ord. 1597 § 1 (Att. A), 2019)
If a development proposal is subject to mitigation, maintenance, or monitoring plans, the city may require an assurance device, performance or surety bond, pursuant to Chapter 14.50 LMC or as otherwise acceptable to the city attorney.
(Ord. 1395 § 1 (Exh. A), 2011; Ord. 1597 § 1 (Att. A), 2019; Ord. 1694 § 1 (Att. A-1), 2024)
Any new residential subdivision or short plat that is determined to be in a critical area shall have a note placed on the face of the plat and on the title report stating that the site is located in a critical area, what hazard or critical area element is present, and any conditions relating to use or development of the land. Said note may include the provisions listed below:
A. 
Documentation from the applicant stating their understanding and acceptance of any risk of injury or damage associated with the development of the site and agreeing to notify future purchasers of the site, portions of the site, or structures located on the site of the presence of the hazard or critical area and the potential risk of injury or damage;
B. 
A legally enforceable agreement, which shall be recorded as a covenant and noted on the face of the deed or plat, acknowledging the site is located in a geologic or flood hazard area and the risks associated with development of the site, and including a waiver and release of any and all claims of the owners, their directors, employees, successors or assigns against the city for any loss, damage or injury, whether direct or indirect, arising out of the issuance of development permits for the proposal.
(Ord. 1395 § 1 (Exh. A), 2011; Ord. 1597 § 1 (Att. A), 2019)