“Applicant”means the individual, partnership, association, or corporation applying for a permit to do work under this chapter, including the property owner, and any employee, agent, consultant, or contractor acting on behalf of the applicant, and any successor in interest.
“Bioretention”means on-lot retention of stormwater through the use of vegetated depressions engineered to collect, store, and infiltrate runoff.
“Buffer” or “buffer zone”means the zone contiguous with a sensitive area that is required for the continued maintenance, function, and structural stability of the sensitive area. The critical functions of a riparian buffer (those associated with an aquatic system) include shading, input of organic debris and coarse sediments, uptake of nutrients, stabilization of banks, interception of line sediments, overflow during high water events, protection from disturbance by humans and domestic animals, maintenance of wildlife habitat, and room for variation of aquatic system boundaries over time due to hydrologic or climatic effects. The critical functions of terrestrial buffers include protection of slope stability, attenuation of surface water flows from stormwater runoff and precipitation, and erosion control.
“Building site”shall have the meaning set forth in the Ilwaco Municipal Code, now or as hereafter amended.
“Certified erosion control specialist”shall mean an individual who has received training and is currently certified through an approved program to install, inspect, and maintain erosion and sediment control best management practices.
“Clean Water Act (CWA)”means the Federal Water Pollution Control Act enacted by Public Law 92-500, as amended by Public Laws 95-217, 95-576, 96-483, and 97-117; and U.S.C. 1251 et seq.
“Clearing”shall mean the destruction and removal of vegetation by manual, mechanical, or chemical methods resulting in exposed soils.
“Clearing activity”means clearing that takes place on a single parcel of record or as part of a single project. A clearing activity will be considered to be complete when the site has been fully converted to its intended use and soil stabilization has been achieved through permanent measures.
“Clearing and grading permit”shall mean the written permission of the director to the permittee to proceed with the act of clearing and grading within the provisions of this chapter. The clearing and grading permit includes the associated approved plans and any conditions of approval as well as the permit form itself.
“Cluster development”means buildings concentrated in specific areas to minimize infrastructure and development costs while achieving the allowable density. This approach allows the preservation of natural open space for recreation, common open space, and preservation of environmentally sensitive features.
“Colluvium” or “colluvial deposits”means a soil deposit derived from downslope movement of material from other soil formations as the result of one (1) or more small earth slides. These deposits are typically found on steep hillsides or at the base of slopes.
“Conversion Option Harvest Plan (COHP)”means a voluntary plan developed by the landowner and approved by the city prior to submittal to the Washington State Department of Natural Resources (DNR), indicating the limits of harvest areas, road locations, critical area buffers, and open space. The plan provides the landowner with the opportunity to log under a DNR Class II, III, or IV special permit without a city development permit while maintaining the option to convert the land at a later date. Under this condition, the imposition of a six (6) year moratorium on future development may be waived.
“Degradation”means degradation of an area including, but not limited to, impacts such as sedimentation, erosion, and loss of shading, light, and noise.
“Design storm”means a prescribed hyetograph and total precipitation amount (for a specific duration recurrence frequency) used to estimate runoff for a hypothetical storm of interest or concern for the purposes of analyzing existing drainage, designing new drainage facilities, or assessing other impacts of a proposed project on the flow of surface water. (A hyetograph is a graph of percentages of total precipitation for a series of time steps representing the total time during which the precipitation occurs.)
“Detention”means the temporary storage of stormwater to control discharge rates, allow for infiltration, and improve water quality.
“Development”shall mean any activity that requires federal, state, or local approval for the use or modification of land or its resource. These activities include, but are not limited to, subdivision and short subdivisions; binding site plans; planned unit developments; variances; shoreline substantial development; clearing activity; excavation; embankment; fill and grade work; converting fallow land or undeveloped land to agricultural purposes; activity conditionally allowed; building or construction; revocable encroachment permits; and septic approval.
“Drainage plan”means a plan for receiving, handling, and transporting surface water or groundwater runoff within the site.
“Drip line boundary”means the circle that can be drawn on the ground below a tree directly under its outermost branch tips.
“Dry well”is defined as small excavated trenches filled with stone to control and infiltrate rooftop runoff.
“Ecology”means the Washington State Department of Ecology.
“Engineered fill”means soil fill, which is wetted or dried to near its optimum moisture content, placed in lifts of twelve (12) inches or less and each lift compacted to a minimum percent compaction as specified by a geotechnical engineer.
“EPA”means the Environmental Protection Agency.
“Erosion”means the wearing away of the land surface by running water, wind, ice, or other geological agents, including such processes as gravitational creep. Also, the detachment and movement of soil or rock fragments by water, wind, ice, or gravity. The following terms are used to describe different types of water erosion:
1. “Accelerated erosion”means erosion much more rapid than normal or geologic erosion, primarily as a result of the influence of the activities of humans or, in some cases, of the animals or natural catastrophes that expose bare surfaces (e.g., fires).
2. “Geological erosion”means the normal or natural erosion caused by geological processes acting over long geologic periods and resulting in the wearing away of mountains, building up of floodplains, coastal plains, etc. Synonymous with “natural erosion.”
3. “Gully erosion”means the erosion process whereby water accumulates in narrow channels and, over short periods, removes the soil from this narrow area to considerable depths, ranging from one (1) to two (2) feet to as much as seventy-five (75) to one hundred (100) feet.
4. “Natural erosion”means the wearing away of the earth’s surface by water, ice, or other natural agents under natural environmental conditions of climate, vegetation, etc., undisturbed by humans. Synonymous with “geological erosion.”
5. “Normal erosion”means the gradual erosion of land used by humans, which does not greatly exceed natural erosion.
6. “Rill erosion”means erosion processes in which numerous small channels only several inches deep are formed; occurs mainly on recently disturbed and exposed soils.
7. “Sheet erosion”means the removal of a fairly uniform layer of soil from the land surface by runoff.
8. “Splash erosion”means the spattering of small soil particles caused by the impact of raindrops on wet soils. The loosened and spattered particles may or may not be subsequently removed by surface runoff.
“Erosion control plan”means a plan indicating the specific measures and sequencing to be used for controlling sediment and erosion on a development site before, during, and after construction.
“Excavation”means the removal of material such as earth, sand, gravel, rock, or asphalt.
“Fill”means earth, sand, gravel, rock, asphalt, or other solid material used to increase the ground surface elevation or to replace excavated material.
“Filling”means the act of placing fill material (earth, sand, gravel, rock, asphalt, or other solid material) on any soil surface, natural vegetative covering, or other fill material to raise the ground elevation or to replace excavated material.
“Filter strips”means bands of closely growing vegetation, usually grass, planted between pollution sources and downstream receiving water bodies.
“Fine-grained soils”means any soil association that is classified in hydrologic soil groups C or D as mapped in the city soil survey, or as determined by a qualified soil scientist.
“Forest practice”shall mean any activity conducted on or directly pertaining to forest land and related to growing, harvesting, or processing timber (Chapter
222-16 WAC); including, but not limited to:
1. Road and trail construction;
Prevention and suppression of diseases and insects; or
Other activities which qualify as a use or development subject to the Forest Practices Act.
“Geotechnical engineer”means a professional engineer currently registered in the state of Washington, qualified by reason of experience and education in the practice of geotechnical engineering, and designated by the owner as the geotechnical engineer of record for the project.
“Grading”means the movement of earth material through mechanical or other means to create the finished surface and contour of a project site.
“Greenway”means a linear open space; a corridor composed of natural vegetation. Greenways can be used to create connected networks of open space that include traditional parks and natural areas.
“Groundwater”means water in a saturated zone or stratum beneath the land surface or a surface water body.
“Habitat”means an area or type of area that supports plant or animal life.
“Hydrology”means the science dealing with the waters of the earth, their distribution on the surface and underground, and the cycle involving evaporation, precipitation, flow to the seas, etc.
“IMP” or “integrated management practice”means an LID practice or combination of practices that are the most effective and practicable (including technological, economic, and institutional considerations) means of controlling impacts to the predevelopment site hydrology.
“Impervious area”means a hard surface area (e.g., parking lot or rooftop) that prevents or retards the entry of water into the soil, thus causing water to run off the surface in greater quantities and at an increased rate of flow.
“Imperviousness overlay zoning”means one (1) form of the overlay zoning process. Environmental aspects of future imperviousness are estimated based on the future zoning build-out conditions. Estimated impacts are compared with watershed protection goals to determine the limit for total impervious surfaces in the watershed. Imperviousness overlay zoning areas are then used to define subdivision layout options that conform to the total imperviousness limit.
“Incentive zoning”means zoning that provides for give-and-take compromise on zoning restrictions, allowing for more flexibility to provide environmental protection. Incentive zoning allows a developer to exceed a zoning ordinance’s limitations if the developer agrees to fulfill conditions specified in the ordinance. The developer may be allowed greater lot yields by a specified amount in exchange for providing open spaces within the development.
“Infiltration”means the downward movement of water from the land surface into the soil.
“Land disturbance activity”means any activity that results in a change in the existing soil cover and/or the existing soil topography. Land disturbing activities include, but are not limited to, clearing, grading, filling, and excavation.
“Landslide deposit”means a large mass of earth and/or rock that has moved physically downslope by gravity and broken into discrete fragments.
“Level spreader”means an outlet designed to convert concentrated runoff to sheet flow and disperse it uniformly across a slope to prevent erosion.
“Low impact development (LID)”means the integration of site ecological and environmental goals and requirements into all phases of urban planning and design from the individual residential lot level to the entire watershed. LID site planning incorporates drainage/hydrology by carefully conducting hydrologic evaluations and reviewing spatial site layout options. These procedures incorporated into the site planning process early on (prior to permitting) aid with understanding and maximizing site conditions to reduce both total clearing and grading amounts and volumes, and on-site and off-site impacts.
“Modular block wall”means a wall constructed of manufactured modular wall units acting as a protective facing for an exposed soil face or as a gravity retaining wall.
“National Pollutant Discharge Elimination System (NPDES)”means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring, and enforcing permits, and imposing and enforcing pretreatment requirements, under Sections 307, 402, 318, and 405 of the Federal Clean Water Act, for the discharge of pollutants to surface waters of the state from point sources. These permits are referred to as NPDES permits and, in Washington State, are administered by the Department of Ecology.
“Nonpoint source pollution”means pollution that enters a water body from diffuse origins on the watershed and does not result from discernible, confined, or discrete conveyances.
“Open space”means land set aside for public or private use within a development that is not built upon.
“Overlay districts”means zoning districts in which additional regulatory standards are superimposed on existing zoning. Overlay districts provide a method of placing special restrictions in addition to those required by basic zoning ordinances.
“Performance zoning”establishes minimum criteria to be used when assessing whether a particular project is appropriate for a certain area, and ensures that the end result adheres to an acceptable level of performance or compatibility. This type of zoning provides flexibility without the well-defined goals and rules found in conventional zoning.
“Permanent erosion control”shall mean permanent improvements, such as landscaping or drainage control structures, which cover the soil such that no erosion can occur.
“Permeable”means soil or other material that allows the infiltration or passage of water or other liquids.
“Permit,”unless noted otherwise, refers to the clearing and grading permit; see “Clearing and grading permit.”
“Permittee”means the property owner to whom the clearing and grading permit is issued. The property owner may be a person(s), partnership, association, or corporation.
“Planned unit development (PUD) zoning”means a special classification authorized in some zoning ordinances, where a unit of land under control of a single developer may be used for a variety of uses and densities, subject to review and approval by the local governing body. The locations of the zones are usually decided on a case-by-case basis.
“Potential slide block (failure envelope)”means the area near the surface of a slope between the toe of the slope and a line drawn upward at two (2) feet horizontal to one (1) foot vertical from the toe to the surface of the ground above the slope, or as otherwise determined by a geotechnical engineer.
“Recharge area”means a land area in which surface water infiltrates the soil and reaches the zone of saturation or groundwater table.
“Reinforced fill or reinforced soil”means soil fill designed by an engineer that includes reinforcement consisting of metal or synthetic materials in bars, trips, grids, or sheets.
“Retaining wall”means a wall designed to resist the lateral displacement of soil or other materials.
“Riparian area”means vegetated ecosystems along a water body through which energy, materials, and water pass. Riparian areas characteristically have a high-water table and are subject to periodic flooding.
“Rockery” or “rock wall”means one (1) or more courses of large rocks stacked near vertical in front of an exposed soil face to protect the soil face from erosion and sloughing. A rockery or rock wall is not considered a retaining wall.
“Root protection zone (RPZ)”means a buffer, established by the jurisdiction, that provides protection against root compaction or construction damage.
“Routine landscape maintenance”means pruning, weeding, planting annuals, mowing turf lawns, and other activities associated with maintaining an already established landscaped area.
This definition does not include felling or topping of trees or removal of invasive plants resulting from lack of regular maintenance. |
means water from rain, melted snow, or irrigation that flows over the land surface.
“Rural”means those lands located outside of an incorporated area or an established urban growth area (UGA) that are not resource lands of long-term significance and which are consistent with the Washington Growth Management Act.
“SCS”means the U.S. Department of Agriculture Soil Conservation Service; renamed the Natural Resources Conservation Service (NRCS).
“Sedimentation”means the process of gravity-induced settling and deposition of fragmented rock, soil, or organic particles displaced, transported, and deposited by erosive water-based processes.
“Significant tree”means an evergreen tree ten (10) inches in diameter or greater, or a deciduous tree twelve (12) inches in diameter or greater, measured four and one-half (4 1/2) feet above existing grade.
“Site”means a lot or parcel, or a group of contiguous lots or parcels, associated with a certain application, building or buildings, or other development.
“Site fingerprinting”means a development approach that places development away from environmentally sensitive areas (wetlands, steep slopes, etc.), future open spaces, tree save areas, future restoration areas, and temporary and permanent vegetative forest buffer zones. Ground disturbance is confined to areas where structures, roads, and rights-of-way will exist after construction is complete.
“Slide”means the movement of a mass of rocks and/or earth down a slope.
“Soil”means unaggregated or uncemented deposits of mineral and/or organic particles or fragments derived from the breakdown of massive rocks or decay of living matter.
“Soil erosion”means the removal of soil from its original location by the action of water, ice, gravity, or wind.
“Stormwater Management Manual for Western Washington (Manual)”means the technical manual prepared by Ecology for use by local governments and published in 2019 (or latest edition), or statewide revisions when they become available, that contain descriptions of and criteria for BMPs to prevent, control, or treat pollutants in stormwater.
“Swale”means an open drainage channel designed to detain or infiltrate stormwater runoff.
“Tree”shall mean any living woody plant having a sound structure and being in good health, characterized by one (1) or more main stems or trunks and many branches, where the trunk diameter measures six (6) inches or greater for a conifer, and twelve (12) inches or greater for a deciduous tree, when measured at a height of four and one-half (4 1/2) feet from the ground level. (See also “Significant tree.”)
“Uncontrolled fill”means fill which has been placed under unknown conditions or without any controls such as geotechnical inspection or monitoring.
“Unstable slopes”means those sloping areas of land that have in the past exhibited, are currently exhibiting, or will likely exhibit mass movement of earth.
“USGS”means the U.S. Geological Survey, an agency within the Department of the Interior.
“Vegetation maintenance”means lawn maintenance, brush and tree pruning, and other normal land maintenance activities involving cutting, removal, or planting of vegetation by manual, mechanical, or chemical methods.
“Wall drain”means a drainage system behind retaining walls, rockeries, rock walls, or modular block walls used to collect water moving through the soil or rock behind the wall or rockery.
“Watershed”means the topographic boundary within which water drains into a particular river, stream, wetland, or body of water.
“Wet ponds” and “wet vaults”mean drainage facilities for water quality treatment that contain permanent pools of water that are filled during the initial runoff from a storm event. They are designed to optimize water quality by providing retention time in order to settle out particles of fine sediment to which pollutants such as heavy metals absorb. They also allow biologic activity to occur that metabolizes nutrients and organic pollutants.
“Wet season”means the rainy months from October 1st through April 30th.
“Zero-lot-line development”means a development option in which side yard restrictions are reduced and the building abuts a side lot line. Overall unit-lot densities are, therefore, increased.
Zero-lot-line development can result in increased protection of natural resources, as well as reduction in requirements for roads and sidewalks. |
(Ord. 918 § 1, 2021; Ord. 954 § 1 (Exh. A), 2024)