A. 
This chapter and Chapters 17.07, 17.09, 17.11, 17.13, 17.15 and 17.17 FMC establish regulations for development activity in critical areas.
B. 
It is the purpose of this chapter to protect areas within the city identified as critical areas from the adverse impacts of development and incompatible land use through the use of clear and reasonable land use regulations and criteria based on best available science in accordance with WAC 365-195-900 through 365-195-925, and in accordance with state and federal agencies and other qualified professionals. In order to accomplish this purpose, the city seeks to implement the following general goals:
1. 
Maintain and enhance critical areas within the city.
2. 
Encourage the conservation of lands with significance as critical areas as defined by the Washington State Department of Community, Trade and Economic Development in Chapter 365-190 WAC.
3. 
Discourage incompatible land uses within critical areas and on adjacent parcels.
4. 
Maintain open space within the city for recreational and educational uses, as fish and wildlife habitat, and for aesthetic purposes.
5. 
Enhance and protect the air and water quality, ecologic systems, and high quality of life in the city and its urban growth area.
6. 
Alert members of the public, including appraisers, assessors, owners, potential buyers, or lessees, to the development limitations of critical areas and adjacent parcels or buffers.
(Ord. 1111 § 2, 1992; Ord. 1566-05 § 1, 2005)
Critical areas regulated by this title include:
A. 
Wetlands as designated in Chapter 17.17 FMC;
B. 
Critical aquifer recharge areas as designated in Chapter 17.07 FMC;
C. 
Fish and wildlife habitat conservation areas as designated in Chapter 17.15 FMC;
D. 
Frequently flooded areas as designated in Chapter 17.09 FMC;
E. 
Geologically hazardous areas as designated in Chapter 17.11 FMC; and
F. 
Seismic hazard areas as designated in Chapter 17.13 FMC.
(Ord. 1566-05 § 2, 2005)
The intent of this chapter and title is to protect and conserve critical areas in the city by establishing minimum standards for development on sites which contain or adjoin such critical areas. The city seeks to promote the public health, safety, and general welfare by:
A. 
Protecting critical areas from the impacts of development;
B. 
Mitigating unavoidable impacts to critical areas by regulating alterations within and adjacent to those areas;
C. 
Protecting the public against losses from: unnecessary maintenance and replacement of public facilities, publicly funded mitigation of avoidable impacts, and degradation of the natural environment;
D. 
Preventing cumulative adverse impacts on water quality, water availability, wetlands, streams and other aquatic resources;
E. 
Providing city officials with adequate information to adequately protect critical areas when approving, conditioning, or denying private development proposals;
F. 
Implementing the goals of the Growth Management Act (GMA), the State Environmental Policy Act, and other land use policies and plans adopted by the city; and
G. 
Protecting public and private resources and facilities from injury and property damage resulting from flooding, erosion, seismic events, soil subsidence, and steep slope failure.
(Ord. 1111 § 3, 1992; Ord. 1566-05 § 3, 2005)
In the interpretation and application of this chapter, all provisions shall be:
A. 
Considered the minimum necessary;
B. 
Liberally construed to serve the purposes and goals of this chapter; and
C. 
Deemed neither to limit nor repeal any other powers under federal, state, county, or city statutes, regulations, or ordinances that are intended to accomplish purposes and achieve goals that are the same or similar to the purposes and goals of this chapter and title.
(Ord. 1111 § 4, 1992; Ord. 1566-05 § 4, 2005)
A. 
The city shall not grant any approval or permission to alter the condition of any land, water, or vegetation, or to construct or alter any structure or improvement unless the requirements of this chapter and title are met. Such approval or permission includes, but is not limited to, the following: grading permits, building permits, binding site plans, conditional use permits, right-of-way construction permits, site development permits, master plan development such as planned residential developments, subdivisions, short subdivision, special use permit, utility permit, variance, rezone, or any subsequently adopted permit or required approval not expressly exempted by this title. These critical area regulations shall apply as an overlay and in addition to zoning and other regulations adopted by the city.
B. 
The permits required by this title shall be in addition to permits or other types of approvals required by any other provisions of the FMC, or any applicable federal, state or county requirements. By resolution, the city council shall establish fees for critical area identification and permit review processing.
C. 
The city shall regulate all uses within 300 feet of, or that are likely to affect, one or more critical areas, consistent with the best available science and the provisions of this title.
D. 
These critical area regulations shall apply concurrently with review conducted under the State Environmental Policy Act (SEPA). Any conditions required pursuant to this title shall be included in the SEPA review and threshold determination.
E. 
As provided herein, the community development director or his/her designee is given the authority to interpret and apply, and the responsibility to enforce, this title to accomplish its purpose, goals, and intent.
(Ord. 1111 § 5, 1992; Ord. 1566-05 § 5, 2005; Ord. 1859 § 98, 2014)
A. 
Protection for Functions and Values and Anadromous Fish. Critical area reports and decisions to alter critical areas shall rely on the best available science to protect the function and values of critical areas and must give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fish and their habitat, such as salmon and bull trout.
B. 
Best Available Science to Be Used Must Be Consistent with Criteria. The best available science is that scientific information applicable to the critical area prepared by local, state or federal natural resource agencies, a qualified scientific professional or team of qualified scientific professionals that is consistent with criteria established in WAC 365-195-900 through 365-195-925. Pierce County road and bridge design and construction standards are hereby referenced as a source of best available science for city of Fife critical areas standards. Sources for best available science are also included in the latest edition of "Citations of Recommended Sources of Best Available Science," published by the Washington State Office of Community Development.
C. 
Characteristics of a Valid Scientific Process. In the context of critical areas protection, a valid scientific process is one that produces reliable information useful in understanding the consequences of the city's regulatory decisions, and in developing critical areas policies and development regulations that will be effective in protecting the functions and values of critical areas. To determine whether information received during the permit review process is reliable scientific information, the community development director shall determine whether the source of the information displays the characteristics of a valid scientific process. Such characteristics are as follows:
1. 
Peer Review. The information has been critically reviewed by other persons who are qualified scientific experts in that scientific discipline. The proponents of the information have addressed the criticism of the peer reviewers. Publication in a refereed scientific journal usually indicates that the information has been appropriately peer-reviewed;
2. 
Methods. The methods used to obtain the information are clearly stated and reproducible. The methods are standardized in the pertinent scientific discipline or, if not, the methods have been appropriately peer-reviewed to assure their reliability and validity;
3. 
Logical Conclusions and Reasonable Inferences. The conclusions presented are based on reasonable assumptions supported by other studies and consistent with the general theory underlying the assumptions. The conclusions are logically and reasonably derived from the assumptions and supported by the data presented. Any gaps in information and inconsistencies with other pertinent scientific information are adequately explained;
4. 
Quantitative Analysis. The data have been analyzed using appropriate statistical or quantitative methods;
5. 
Context. The information is placed in proper context. The assumptions, analytical techniques, data, and conclusions are appropriately framed with respect to the prevailing body of pertinent scientific knowledge; and
6. 
References. The information is placed in proper context. The assumptions, analytical techniques, data, and conclusions are well referenced with citations to relevant, credible literature and other pertinent existing information.
D. 
Nonscientific Information. Nonscientific information may supplement scientific information, but it is not an adequate substitute for valid and available scientific information. Common sources of nonscientific information include anecdotal information, non-expert opinion, and hearsay.
E. 
Absence of Valid Scientific Information. Where there is an absence of valid scientific information or incomplete scientific information relating to a critical area, leading to uncertainty about the risk to critical area function of permitting an alteration of or impact to the critical area, the community development director shall:
1. 
Take a "precautionary or no risk approach" that strictly limits development and land use activities until the uncertainty is sufficiently resolved; and
2. 
Require an effective adaptive management program that relies on scientific methods to evaluate how well regulatory and nonregulatory actions protect the critical area. An adaptive management program is a formal and deliberate scientific approach to taking action and obtaining information in the face of uncertainty. An adaptive management program shall:
a. 
Address funding for the research component of the adaptive management program;
b. 
Change course based on the results and interpretation of new information that resolves uncertainties; and
c. 
Commit to the appropriate time frame and scale necessary to reliably evaluate regulatory and nonregulatory actions affecting protection of critical areas and anadromous fisheries.
(Ord. 1566-05 § 6, 2005)
All exempted activities shall use reasonable methods to avoid potential impacts to critical areas. Exemption from this title does not authorize the degradation of a critical area or the ignoring of risk from natural hazards. Any damage to, or alteration of, a critical area and/or its associated buffer shall be restored, rehabilitated, or replaced at the responsible party's expense. The following activities are exempt from the provisions of this title:
A. 
Existing agricultural activities as defined in FMC Title 19;
B. 
Maintenance and reconstruction of existing roads; provided, the reconstruction does not involve expansion of facilities;
C. 
Maintenance or replacement of existing utility lines; provided, that replacement occurs at the same location;
D. 
Reconstruction, maintenance, or remodeling of existing single-family residential structures; provided, that the building footprint does not increase by more than 10 percent; and provided, that the expansion does not intrude further into the critical area;
E. 
Reconstruction, maintenance, or remodeling of other than single-family structures; provided, that such reconstruction, maintenance, or remodeling does not increase building floor area or existing lot coverage;
F. 
Site investigative work necessary for land use application submittals;
G. 
Permit requests subsequent to previous critical area review and approval;
H. 
Modification to existing structures that does not further alter or increase the impact to the critical area or buffer;
I. 
Activities within an improved right-of-way;
J. 
Public and private pedestrian trails subject to the following requirements:
1. 
Trails in wetland buffers or fish and wildlife habitat conservation area buffers shall be located in the outer 25 percent of the buffer where feasible;
2. 
The trail surface shall meet all other applicable requirements including water quality standards set forth in the storm water management regulations (Chapter 15.32 FMC), and parks trail standards;
3. 
Critical area and/or buffer widths shall be increased, where possible, equal to the width of the trail corridor, including disturbed areas; and
4. 
Trails proposed to be located in landslide or erosion hazard areas shall be constructed in a manner that does not increase the risk of landslide or erosion and in accordance with an approved geotechnical report;
K. 
Selected vegetation removal activities upon approval by the community development director, subject to the following requirements:
1. 
The removal of the following vegetation with hand labor and light equipment:
a. 
Invasive and noxious weeds;
b. 
English ivy (Hedera helix);
c. 
Himalayan blackberry (Rubus discolor, R. procerus);
d. 
Evergreen blackberry (Rubus laciniatus);
e. 
Canary grass; and
f. 
Other commonly found invasive species.
2. 
The removal of trees from critical areas and buffers that are hazardous, posing a threat to public safety, or posing an imminent risk of damage to private property; provided, that:
a. 
The applicant submits a report from a certified arborist, registered landscape architect, or professional forester that documents the hazard and provides a replanting schedule for the replacement trees;
b. 
Where trimming is not sufficient to address the hazard, trees should be removed or converted to wildlife snags;
c. 
All vegetation cut (tree stems, branches, etc.) shall be left within the critical area or buffer unless removal is warranted due to the potential for disease or pest transmittal to other healthy vegetation;
d. 
Coniferous trees shall be replaced by coniferous trees native to Washington and deciduous trees shall be replaced by deciduous trees native to Washington;
e. 
Replacement coniferous trees shall be at least eight feet in height. Replacement deciduous trees shall be at least one and one-half inches in diameter (DBH);
f. 
Trees shall be replaced subject to the following replacement ratios:
i. 
Removed trees with a DBH greater than nine inches up to 12 inches shall be replaced by four trees;
ii. 
Removed trees with a DBH greater than 12 inches up to 16 inches shall be replaced by six trees; and
iii. 
Removed trees with a DBH of 16 inches or more shall be replaced by eight trees;
g. 
If a tree to be removed provides critical habitat, such as an eagle perch, a qualified wildlife biologist shall be consulted to determine timing and methods or removal that will minimize impacts;
h. 
Hazard trees determined to pose an imminent threat or danger to public health or safety, to public or private property, or of serious environmental degradation may be removed or pruned by the landowner prior to receiving written approval from the city; provided, that within 14 days following such action, the landowner shall submit a restoration plan that demonstrates compliance with the provisions of this title; and
i. 
Financial guarantees for replacement trees may be required consistent with the provisions of FMC 17.05.120.
(Ord. 1111 § 6, 1992; Ord. 1566-05 § 7, 2005; Ord. 1924 § 1, 2015)
A. 
The community development director may issue a temporary emergency critical areas permit if:
1. 
The community development director determines that an extreme and emergent threat to life or severe loss of property will occur if an emergency permit is not immediately granted; and
2. 
The anticipated threat or loss may occur before a permit can be issued or modified under the procedures otherwise required by this title; and
3. 
The proposed work to be performed under the emergency permit will not irreparably damage the critical area; and
4. 
The critical area can be restored to its preemergent condition within 90 days after the cessation of the emergency condition.
B. 
Any emergency permit granted shall incorporate, to the greatest extent practicable and feasible, but not inconsistent with the emergency situation, the standards and criteria required for nonemergency activities under this act and shall:
1. 
Be limited in duration to the time required to complete the authorized emergency activity, not to exceed 90 days; and
2. 
Require, within this 90-day period, the restoration of any critical area altered as a result of the emergency activity, except that if more than the 90 days from the issuance of the emergency permit is required to complete restoration through no fault of the applicant or its agents, the emergency permit may be extended the minimum time needed to complete this restoration.
C. 
Issuance of an emergency permit by the community development director does not preclude the necessity to obtain necessary approvals from appropriate federal and state authorities.
D. 
The emergency permit may be terminated at any time without process upon a determination by the community development director that the action was not or is no longer necessary to protect human health or the environment, or that the emergency condition no longer exists. The termination of the permit shall not relieve the applicant of its duty to restore the critical area to its preemergent condition.
(Ord. 1111 § 7, 1992; Ord. 1566-05 § 8, 2005)
A. 
If the application of this title would deny all reasonable use of the site, an applicant for development proposal may submit a request for a reasonable use exception to the hearing examiner. Development may be allowed which is consistent with the purpose of this title; provided, the hearing examiner, after public hearing and consultation with the city attorney, enters written findings that the provisions of this title would deny all reasonable use of the property, that there is no other reasonable use with less impact on the critical area or its buffer, that any alteration is the minimum necessary to allow a reasonable use of the property, and that the proposed development does not pose an unreasonable threat to the public health, safety, or welfare on or off the property. The inability to derive reasonable economic use shall not be a result of actions by the applicant or that of a previous owner, such as segregation or dividing the property and creating an undevelopable condition. The burden of proof in meeting the requirements of a reasonable use exception shall be on the applicant.
B. 
The hearing examiner shall impose all conditions necessary to minimize the impact on the critical area and its buffer and further the purpose and goals of this title. Full mitigation shall be required under the city's environmental protection regulations adopted pursuant to SEPA.
(Ord. 1111 § 8, 1992; Ord. 1566-05 § 9, 2005; Ord. 1593-06 § 47, 2006; Ord. 1924 § 2, 2015)
A. 
Critical Areas Identification. Prior to the review of any proposed development activity requiring any city permit, the applicant shall submit to the community development director a completed critical area identification application on a form provided by the city. The director shall review the application, conduct a site inspection if deemed necessary, review other information available pertaining to the site and the proposal, and make a determination as to whether any critical areas may be affected by the proposal and if a more detailed critical area report shall be submitted.
B. 
Critical Areas Identification Indicators. The community development director may use the following indicators to assist in determining the need for a critical area report:
1. 
Indication of the critical area on the city critical areas maps that may be impacted by the proposed activity;
2. 
Information and scientific opinions from appropriate agencies, including but not limited to the State Departments of Fish and Wildlife, Natural Resources, and Ecology;
3. 
Documentation, from a scientific or other reasonable source, of the possible presence of a critical area; or
4. 
A finding by a qualified professional or a reasonable belief by the community development director that a critical area may exist on or adjacent to the site of the proposed activity.
(Ord. 1566-05 § 10, 2005)
A. 
The community development director shall perform a critical areas review of all applications for land use activities within critical areas, their buffers, or lands within 225 feet of a critical area, unless otherwise provided in this chapter.
B. 
The community development director shall verify the information submitted by the applicant to:
1. 
Confirm the nature and type of critical areas;
2. 
Determine if the applicant must conduct further studies including submittal of a critical areas report to allow proper analysis of the project impact upon a critical area or its buffer;
3. 
Determine whether the development proposal is consistent with the purpose, goals and intent of this chapter and title;
4. 
Determine whether any alterations to the critical area may be avoided by reasonable modification of the proposal;
5. 
Determine if the management, mitigation, or monitoring plans, if any, proposed by the applicant are sufficient to carry out the intent of this chapter and title.
(Ord. 1111 § 9, 1992; Ord. 1566-05 § 11, 2005; Ord. 1924 § 3, 2015)
If required by the community development director, the applicant shall submit a critical areas report prepared by a qualified professional as defined herein. The report shall use scientifically valid methods and studies in the analysis of critical area data and field reconnaissance and reference the source of science used. The report shall evaluate the proposal and all probable impacts to critical areas in accordance with the provisions of this title. Unless otherwise provided, a critical areas report may be supplemented by or composed, in whole or in part, of any reports or studies required by other laws and regulations or previously prepared for and applicable to the development proposal site, as approved by the community development director. As a minimum, the report shall contain the following:
A. 
The name and contact information of the applicant, a description of the proposal, and identification of the permit requested.
B. 
A copy of the site plan for the development proposal showing:
1. 
Identified critical areas, buffers, and the development proposal with dimensions;
2. 
Limits of any areas to be cleared; and
3. 
A description of the proposed stormwater management plan for the development and consideration of impacts to drainage alterations.
C. 
The dates, 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, including wetlands, water bodies, and buffers adjacent to the proposed project area.
E. 
A statement specifying the accuracy of the report, and all assumptions made and relied on.
F. 
An analysis of site development alternatives.
G. 
A description of reasonable efforts made to apply mitigation sequencing as set forth in FMC 17.05.087 to avoid, minimize, and mitigate impacts to critical areas.
H. 
Plans for adequate mitigation, as needed, to offset any impacts, including, but not limited to:
1. 
The impacts of any proposed development within or adjacent to a critical area or buffer on the critical area completed by a professional biologist or ecologist; and
2. 
The impacts of any proposed alteration of a critical area or buffer on the development proposal, other properties and the environment.
I. 
A discussion of the performance standards applicable to the critical area and proposed activity, including, but not limited to, allowable runoff, tree canopy preservation, and downstream siltation.
J. 
Financial guarantees to ensure compliance.
K. 
Any additional information required for the critical area as specified by the community development director.
L. 
An assessment of what impact the use of low impact development facilities will have on any adjacent critical areas.
(Ord. 1566-05 § 12, 2005; Ord. 1685 § 1(Exh. A), 2009)
Applicants shall demonstrate that all reasonable efforts have been examined with the intent to avoid and minimize impacts on critical areas. When an alteration to a critical area is proposed, such alteration shall be avoided, minimized, or compensated for in the following order of preference, and may include a combination of:
A. 
Avoiding the impact altogether by not taking 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. 
Rectifying the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, and habitat conservation areas by repairing, rehabilitating, or restoring the affected environment to the historical conditions or the conditions existing at the time of the initiation of the project;
D. 
Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineering or other methods;
E. 
Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the life of the action;
F. 
Compensating for the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, and habitat conservation areas by replacing, enhancing, or providing substitute resources or environments; and
G. 
Monitoring the hazard or other required mitigation and taking remedial action when necessary.
Mitigation must also meet the goals, provisions, and requirements of Chapter 17.17 FMC, and comply with any mitigation standards set forth in this title.
(Ord. 1566-05 § 13, 2005)
The community development director may approve, approve with conditions, or deny any development proposal as is necessary to further the goals of this chapter and title and to comply with their intent, based on the following criteria:
A. 
The proposal minimizes the impact on critical areas in accordance with FMC 17.05.087;
B. 
The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site;
C. 
The proposal is consistent with the general purposes of this title and the public interest;
D. 
Any alterations permitted to the critical areas are mitigated in accordance with the critical areas report and FMC 17.05.087;
E. 
The proposal protects the critical area functions and values consistent with the best available science;
F. 
The proposal is consistent with the other requirements, regulations, and provisions of this chapter and title.
Compliance with the provisions of this chapter does not constitute compliance with other federal, state, and local regulations and permit requirements that may be required (for example, shoreline substantial development permits, HPA permits, Army Corps of Engineers Section 404 permits, NPDES permits). The applicant is responsible for complying with these requirements, apart from the process established in this chapter. Where applicable, the administrator will encourage use of information such as permit applications to other agencies or special studies prepared in response to other regulatory requirements to support required documentation submitted for critical areas review.
(Ord. 1111 § 10, 1992; Ord. 1566-05 § 14, 2005; Ord. 1924 § 4, 2015)
A. 
Critical Area Markers and Signs. The boundary at the outer edge of critical area tracts and easements shall be delineated with permanent survey stakes, using iron or concrete markers as established by local survey standards. The boundary at the outer edge of the critical area or buffer shall be identified with temporary signs prior to any site alteration. Such temporary signs shall be replaced with permanent signs prior to occupancy or use of the site.
B. 
Notice on Title.
1. 
In order to inform subsequent purchasers of real property of the existence of critical areas, the owner of any property containing a critical area or buffer on which a development proposal is submitted shall file a notice with the county auditor. The notice shall state the presence of the critical area or buffer on the property, of the application of this title to the property, and the fact that limitations on actions in or affecting the critical area or buffer may exist. The notice shall run with the land.
2. 
This notice on title shall not be required for a development proposal by a public agency or public or private utility within a recorded easement or right-of-way, where the agency or utility has been adjudicated the right to an easement or right-of-way, or at the site of a permanent public facility.
3. 
The applicant shall submit proof that the notice has been filed for public record before the city approves any development proposal for the property or, in the case of subdivisions, short subdivisions, planned unit developments, and binding site plans, at or before recording.
C. 
Native Growth Protection Areas.
1. 
Unless otherwise required by this title, native growth protection areas shall be used in development proposals for subdivisions, short subdivisions, planned unit developments, and binding site plans to delineate and protect those contiguous critical areas and buffers for all landslide hazard areas and buffers, all wetlands and buffers, all habitat conservation areas, and all other lands to be protected from alterations as conditioned by project approval and permit.
2. 
Native growth protection areas shall be designated on the face of the plat or recorded drawing in a format approved by the city. The designation shall include an assurance that native vegetation will be preserved for the purpose of preventing harm to property and the environment, including, but not limited to, controlling surface water runoff and erosion, maintaining slope stability, and protecting plants, fish, and animal habitat. The designation shall also assure the right of the city to enforce the terms of the restriction.
D. 
Critical Area Tracts.
1. 
Critical area tracts shall be used in development proposals for subdivisions, short subdivisions, planned unit developments, and binding site plans to delineate and protect the following contiguous critical areas and buffers listed below that total 5,000 or more square feet: landslide hazard areas and buffers, wetlands and buffers, habitat conservation areas, and all other lands to be protected from alterations as conditioned by project approval.
2. 
Critical area tracts shall be recorded on all documents of title of record for all affected lots.
3. 
Critical area tracts shall be designated on the face of the plat or recorded drawing in a format approved by the city. The designation shall include an assurance that native vegetation will be preserved for the purpose of preventing harm to property and the environment, including, but not limited to, controlling surface water runoff and erosion, maintaining slope stability, buffering, and protecting plants, fish, and animal habitat. The designation shall also contain the right of the city to enforce the terms of the restriction.
4. 
The city may require that any required critical area tract be dedicated to the city, held in an undivided interest by each owner of a building lot within the development with ownership interest passing with the ownership of the lot, or held by an incorporated homeowners' association or other legal entity.
E. 
Building Setback. Unless otherwise provided, buildings and other structures shall be set back a distance of 15 feet from the edges of all critical area buffers or from the edges of all critical areas, if no buffers are required. The following may be allowed in the setback area: landscaping, uncovered decks, building overhangs extending no more than 18 inches into the setback area, pervious and impervious ground surfaces and impervious surface(s) greater than 100 square feet in base coverage, such as driveways and patios; provided, that such improvements may be subject to water quality regulations as adopted by the city.
(Ord. 1566-05 § 15, 2005; Ord. 1954 § 23, 2016)
Approval of a development proposal does not discharge the obligation of the applicant to comply with the provisions of this title.
(Ord. 1111 § 11, 1992; Ord. 1566-05 § 16, 2005)
A. 
The hearing examiner shall have the authority to grant a variance from these regulations, if he/she enters findings that the circumstances in subsection (B) of this section have been met. When considering a variance, the hearing examiner can deny, modify, or grant the requested variance. In addition, the hearing examiner may attach specific conditions to the variance as he/she determines are necessary to meet the purpose and goals of this title.
B. 
Before any variance may be granted, the following shall be shown:
1. 
There are special circumstances, applicable to the subject property, or to the intended use such as size, shape, topography, location, or surroundings, that do not apply in general to other properties under the same zone classification; provided, however, the fact that surrounding properties have been developed under regulations in force prior to adoption of this chapter and title shall not be the sole basis for granting the variance.
2. 
Granting of a variance will not be materially detrimental to the public welfare or injurious to the property or improvements.
3. 
Granting the variance will not be inconsistent with goals, objectives, or policies of the city.
C. 
If the hearing examiner shall grant a variance, the variance shall be the minimum necessary to accommodate the permitted uses.
(Ord. 1111 § 12, 1992; Ord. 1566-05 § 17, 2005; Ord. 1593-06 §§ 48, 49, 2006)
A. 
Performance Bonds. The community development director shall require the holder of a permit to post a cash performance bond or other security acceptable to the city in an amount and with surety and conditions sufficient to fulfill the requirements of this chapter and title and, in addition, to secure compliance with other conditions and limitations set forth in the permit including critical area restoration work. The amount and the conditions of the bond shall be consistent with the purposes of this chapter and title. In the event of a breach of any condition of any such permit, the director may demand of the surety that the full amount of the bond be tendered to the city, or such lesser amount as the director determines is necessary to restore the critical area. The director may allow the surety to perform the remedial work. Until such written release of the bond, the principal or surety cannot be terminated or canceled. The director shall release the bond upon determining that:
1. 
All activities, including any required compensatory mitigation, have been completed in compliance with the terms and conditions of the permit and the requirements of this chapter and title; and
2. 
Upon the posting by the applicant of a maintenance bond in accordance with the provisions of this chapter and title.
B. 
Maintenance Bonds. The community development director shall require the holder of a development permit issued pursuant to this title to post a cash performance bond or other security acceptable to the director in an amount and with surety and conditions sufficient to guarantee that structures, improvements, and mitigation required by the permit or by this title perform satisfactorily for a minimum of two years after they have been completed. The director shall release the maintenance bond upon determining that performance standards established for evaluating the effectiveness and success of the structures, improvements, and/or compensatory mitigation have been satisfactorily met for the required period. For compensation projects, the performance standards shall be those contained in the mitigation plan developed and approved during the permit review process. The maintenance bond applicable to a compensation project shall not be released until the director determines that performance standards established for evaluating the effect and success of the project have been met.
(Ord. 1111 § 13, 1992; Ord. 1566-05 § 18, 2005)
A. 
The city attorney or his designee shall have authority to enforce this chapter against any violation or threatened violation thereof. The city attorney or his designee is authorized to issue violation notices and administrative orders, and/or institute legal actions in court. Recourse to any single remedy shall not preclude recourse to any of the other remedies. Each violation of this title, or any rule or regulation adopted, or any permit, permit condition, or order issued pursuant to this title, shall be a separate offense, and, in the case of a continuing violation, each day's continuance shall be deemed to be a separate and distinct offense. All costs, attorney and expert witness fees, and expenses in connection with enforcement actions may be recovered as damages against the violator.
B. 
Enforcement actions shall include civil penalties, administrative orders and actions for damages and restoration.
1. 
The city attorney or designee may bring appropriate actions at law or equity, including actions for injunctive relief, to ensure that no uses are made of a critical area or its buffer which are inconsistent with this title or an applicable critical area protection program.
2. 
The city attorney or designee may serve upon a person a cease and desist order if an activity being undertaken on regulated critical areas or their buffers is in violation of this title, these rules or a local critical area protection program. Whenever any person violates this title or any permit issued to implement this title, the city attorney may issue an order reasonably appropriate to cease such violation and to mitigate any environmental damage resulting therefrom.
a. 
Content of Order. The order shall set forth and contain:
i. 
A description of the specific nature, extent, and time of violation and the damage or potential damage; and
ii. 
A notice that the violation or the potential violation cease and desist or, in appropriate cases, the specific corrective action to be taken within a given time. A civil penalty may be issued with the order. The penalty shall be $100.00 per day of violation.
b. 
Effective Date. The cease and desist order issued under this section shall become effective immediately upon receipt by the person to whom the order is directed.
c. 
Compliance. Failure to comply with the terms of a cease and desist order can result in enforcement actions including, but not limited to, the issuance of a civil penalty.
3. 
Aiding or Abetting. Any person who, through an act of commission or omission, procures, aids or abets in the violation shall be considered to have committed a violation for the purposes of the penalty.
4. 
Notice of Penalty. Civil penalties imposed under this section shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the same from the department and/or the city, or from both jointly. The notice shall describe the violation, approximate the date(s) of violation, and shall order the acts constituting the violation to cease and desist, or, in appropriate cases, require necessary corrective action within a specific time.
5. 
Application for Remission or Mitigation. Any person incurring a penalty may apply in writing within 30 days of receipt of the penalty to the city attorney or his designee for remission or mitigation of such penalty. Upon receipt of the application, the city attorney or his designee may remit or mitigate the penalty only upon a demonstration of extraordinary circumstances, such as the presence of information or factors not considered in setting the original penalty.
6. 
Any person who knowingly violates any provision of this chapter or who knowingly makes a false statement, representation, or certification in any application, record or other document filed or required to be maintained under this chapter or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device, record or methodology required to be maintained pursuant to this title or pursuant to a wetlands permit is guilty of a gross misdemeanor. In the case of a continuing violation, each permit violation and each day of activity without a required permit shall be a separate and distinct violation.
(Ord. 1111 § 14, 1992; Ord. 1566-05 § 19, 2005)
A regulated activity that was approved prior to March 10, 1992, and to which significant economic resources have been committed pursuant to such approval, but which is not in conformity with the provisions of this title, may be continued subject to the following:
A. 
No such activity shall be expanded, changed, enlarged or altered in any way that increases the extent of its nonconformity without a permit issued pursuant to the provisions of this title;
B. 
Except for cases of discontinuance as part of normal agricultural practices, if a nonconforming activity is discontinued for 12 consecutive months, any resumption of the activity shall conform to this title;
C. 
If a nonconforming use or activity is destroyed by any cause, it shall not be resumed, except in conformity with the provisions of this title;
D. 
Activities or adjuncts thereof that are or become nuisances shall not be entitled to continue as nonconforming activities.
(Ord. 1111 § 16, 1992; Ord. 1566-05 § 20, 2005)
The city of Fife may request that the assessor of Pierce County consider critical areas regulations in determining the fair market value of land. Any owner of an undeveloped critical area who has dedicated an easement or entered into a perpetual conservation restriction with the city or a nonprofit organization to permanently control some or all regulated activities may request to have that portion of land assessed consistent with those restrictions. For purposes of determining the benefitted area and the amount of assessment for any LID, ULID, or similar special assessment district, the easement and/or perpetual conservation restriction shall be taken into account.
(Ord. 1111 § 19, 1992; Ord. 1566-05 § 21, 2005)
The approximate location and extent of critical areas in the city is displayed on the city critical area maps. The maps are to be used as guides to show the general location and extent of critical areas. Critical areas not shown on the city critical areas maps are presumed to exist in the city and are protected under all the provisions of this chapter. In the event that any of the critical area designations shown on the maps conflict with the criteria set forth in this chapter, the criteria shall control.
(Ord. 1111 § 20, 1992)