This section applies to all regulated uses within or adjacent to areas designated as fish and wildlife habitat conservation areas.
(Ord. 342 § 410, 1992)
Development permitted on lands or shorelands designated as fish and wildlife habitat conservation areas shall be the same as those permitted in the underlying zoning classification, if applicable, subject to the standards of this chapter and article.
(Ord. 342 § 420, 1992)
(1)
Classification. All city of Forks lands and shorelands shall be classified as follows:
(a)
Class I aquatic habitat conservation areas: Those streams, lakes and associated wetlands defined as shorelines of the state in the Shoreline Management Act of 1971 and the Clallam County shoreline master program, as now or hereafter amended.
(b)
Class II aquatic habitat conservation areas: Those streams, lakes and associated wetlands which meet the criteria for Type 2, 3, 4 and 5 waters as set forth in WAC 222-16-020 and 222-16-030 as now or hereafter amended.
(c)
Class I wildlife conservation area: All lands including the following:
(i)
All seasonal ranges and habitat elements with which federal and state listed endangered, threatened and sensitive species have a primary association and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term.
(ii)
Areas targeted for preservation by federal, state and/or local government which provide fish and wildlife habitat benefits, such as important waterfowl areas identified by the U.S. Fish and Wildlife Service and state conservation areas identified by Washington state.
(d)
Class II wildlife conservation area: All seasonal ranges and habitat elements with which state listed candidate and monitor species or priority game species have a primary association and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term.
(e)
Class III wildlife conservation area: Habitats which include attributes such as comparatively high wildlife density, high wildlife species richness, significant wildlife breeding habitat, seasonal ranges or movement corridors of limited availability and/or high vulnerability. These habitats may include caves, cliffs, islands, meadows, old-growth/mature forest, snag-rich, talus slopes, and urban natural open space.
(2)
Designation. All lands and shorelands classified as fish and wildlife habitat conservation areas are hereby designated as fish and wildlife habitat conservation areas. These areas should be mapped whenever possible. These maps shall be advisory and used by the administrator and/or review authority to provide guidance in determining applicability of the standards to a property. Sites which include fish and wildlife habitat conservation areas which are not mapped shall be subject to the provisions of this article and chapter. The administrator shall use, but is not limited to, the following information sources as guidance in identifying the presence of fish and wildlife habitat conservation areas:
(a)
Department of Wildlife nongame and priority habitat and species data bases.
(b)
Department of Wildlife Washington rivers information system data base.
(c)
Department of Natural Resources natural heritage data base.
(d)
Washington State Department of Health commercial and recreational shellfish area inventory.
(e)
Clallam County shoreline master program.
(f)
National wetlands inventory.
(g)
Department of Natural Resources waters of the state.
(h)
North American waterfowl management plan – Pacific joint venture.
(i)
Coastal zone atlas of Clallam County.
(Ord. 342 § 430, 1992)
Those regulated uses identified below within or adjacent to designated fish and wildlife habitat conservation areas shall comply with the performance standards outlined in this section, in addition to specific habitat protection standards outlined in FMC § 14.20.710.
(1)
Road/Street Repair and Construction. Any private or public road or street repair, maintenance, expansion or construction which is allowed shall comply with the following minimum development standards:
(a)
No other practicable alternative exists and the road or street crossing serves multiple properties;
(b)
Repair, maintenance, expansion or construction of any private or public road within a fish and wildlife habitat conservation area or buffer, shall only be allowed when there are no significant adverse impacts to the habitat which cannot be mitigated;
(c)
Public road or street crossings should provide for other purposes, such as utility crossings, pedestrian or bicycle easements, viewing points, etc.; and
(d)
The road or street repair and construction is the minimum necessary to provide safe roads and streets.
(2)
Stream Crossings. Any private or public bridge expansion or construction which is allowed shall comply with the following minimum development standards:
(a)
Bridges are required for streams which support salmonids;
(b)
All crossings using culverts shall use superspan or oversize culverts;
(c)
Crossings shall not occur in salmonid spawning areas unless no other feasible crossing site exists;
(d)
Bridge piers or abutments shall not be placed in either the floodway or between the ordinary high water marks unless no other feasible alternative placement exists;
(e)
Crossings shall not diminish flood carrying capacity; and
(f)
Crossings shall serve multiple properties whenever possible.
(3)
Land Divisions (Subdivisions, Short Subdivisions, Mobile Home and RV Parks, Binding Site Plans). All proposed divisions of land which include fish and wildlife habitat conservation areas shall comply with the following procedures and development standards:
(a)
Lakes, streams, and tidal lands shall not be permitted for use in calculating minimum lot area for the proposed lots.
(b)
A habitat management plan shall be required for proposed land divisions within designated Class I wildlife conservation areas. A habitat management plan may be required for proposed land divisions in other designated fish and wildlife habitat conservation areas.
(c)
Land division approvals shall be conditioned to require that buffers be dedicated as open space tracts, or an easement or covenant encumbering the buffer. Such dedication, easement or covenant shall be recorded together with the land division and represented on the final plat, short plat or binding site plan.
(d)
New lots shall contain at least one site, including access and on-site sewage disposal system location, that is suitable for development and does not adversely impact the fish and wildlife conservation area.
(e)
In order to implement the goals and policies of this chapter, to accommodate innovation, creativity, and design flexibility, and to achieve a level of environmental protection that would not be possible by typical lot-by-lot development, the use of the planned unit development process (Clallam County Code Chapter 33.38) is strongly encouraged for projects within designated fish and wildlife habitat conservation areas.
(4)
Livestock Restrictions. In all development proposals which would permit introduction of livestock to Class I and Class II aquatic habitat conservation areas, damage to the aquatic area shall be avoided by one of the following methods:
(5)
Trails and Trail-Related Facilities. Construction of public and private trails and trail-related facilities, such as picnic tables, benches, interpretive centers and signs, viewing platforms, and campsites, may be allowed in fish and wildlife habitat conservation areas pursuant to the following standards:
(a)
Trails and related facilities shall, to the extent feasible, be placed an existing road grades, utility corridors, or any other previously disturbed areas;
(b)
Trails and related facilities shall be planned to minimize removal of trees, shrubs, snags and important wildlife habitat;
(c)
Viewing platforms, interpretive centers, campsites, picnic areas, benches and access to them shall be designed and located to minimize disturbance of wildlife habitat and/or critical characteristics of the affected conservation area;
(d)
Trail surfaces shall not be of impervious materials, except that impervious public multi-purpose trails may be allowed if they meet all other rents including water quality; and
(e)
Where trails are provided, buffers shall be expanded, where possible, equal to the width of the trail corridor including disturbed areas.
(6)
Utilities. Placement of utilities within or adjacent to designated fish and wildlife habitat conservation areas may be allowed pursuant to the following standards:
(a)
Construction of utilities may be permitted in fish and wildlife habitat conservation areas only when no practical alternative location is available and the utility corridor meets the requirements for installation, replacement of vegetation and maintenance outlined below and as required in the filing and approval of applicable permits and special reports (Article VIII) required by this chapter.
(b)
Sewer or On-Site Sewage Utility. Construction of sewer lines or on-site sewage systems may be permitted in fish and wildlife habitat conservation areas when the applicant demonstrates it is necessary to meet state and/or local health code requirements, there are no other practicable alternatives available and construction meets the requirement of this section. Joint use of the sewer utility corridor by other utilities may be allowed.
(i)
Corridors shall not be allowed in habitat conservation areas used by species with which federal or state listed endangered, threatened or sensitive species have a primary association or heron rookeries or raptor nesting sites, except in those circumstances where an approved habitat management plan indicates that the utility corridor will not significantly impact the conservation area;
(ii)
Corridor construction and maintenance shall protect the fish and wildlife habitat area, shall be aligned when possible to avoid cutting trees greater than 12 inches in diameter at breast height (four and one-half feet) measured on the uphill side and shall not use pesticides, herbicides or other hazardous or toxic substances;
(iii)
Corridors shall require an additional, adjacent, undisturbed buffer width equal to the proposed corridor width including any allowed maintenance roads;
(iv)
Corridors shall be revegetated with appropriate native vegetation at preconstruction densities or greater immediately upon completion of construction or as soon thereafter as possible due to seasonal growing constraints and the sewer utility shall ensure that such vegetation survives;
(v)
Any additional corridor access for maintenance shall be provided as much as possible at specific points rather than by parallel roads. If parallel roads are necessary they shall be of a minimum width but no greater than 15 feet, shall be maintained without the use of herbicides, pesticides or other hazardous or toxic substances, and shall be contiguous to the location of the utility corridor on the side away from the conservation area.
(Ord. 342 § 440, 1992)
Regulated uses within or adjacent to the fish and wildlife habitat conservation areas shall adhere to the performance standards for regulated uses outlined in FMC § 14.20.700 and the specific habitat protection standards outlined below:
(1)
Class I Aquatic Habitat Conservation Areas. All development within designated Class I aquatic habitat conservation areas shall adhere to the following:
(a)
All regulated uses shall submit and have approved a drainage and erosion control plan as specified in Article VIII of this chapter.
(b)
All regulated uses shall submit and have approved a grading plan as specified in Article VIII of this chapter.
(c)
Buffers. Buffers shall be maintained along all Class I aquatic areas. Distances shall be measured from the ordinary high water mark (OHWM) or from the top of the bank where the OHWM cannot be identified. Except as allowed for water-dependent and water-related activities, buffers shall be retained in their natural condition. Minor pruning of vegetation and tree limbs may be allowed for enhancement of views; provided, that such activity is approved by the review authority. The distance of the buffer shall be increased to include streamside wetlands which provide over-flow storage for stormwaters, feed water back to the stream during low flows or provide shelter and food for fish. In braided channels, the OHWM or top of bank shall be defined so as to include the entire stream feature.
(i)
The depth of the buffer for minor new development shall be based on the Clallam County shoreline master program environment designation, as now or hereafter amended, and the following standards:
Urban Shoreline: | 25 feet |
Suburban Shoreline: | 35 feet |
Rural Shoreline: | 35 feet |
Conservancy Shoreline: | 50 feet |
Natural Shoreline: | 100 feet |
(ii)
The depth of the buffer for all new major development and all land divisions shall be 150 feet or the 100-year floodplain, whichever is greater. The review authority may decrease the buffer to no less than the minimum buffer for minor new development if a habitat management plan (Article VIII) approved by the review authority provides sufficient mitigation measures to protect the affected habitat.
(iii)
The depth of the buffer may be increased by the review authority whenever a development proposal is habitat with which federal or state listed endangered, threatened or sensitive species or other state species of concern have a primary association, located within landslide or erosion hazard area, or the site supports unique or rare plant communities or heron rookeries and raptor nesting sites.
(d)
Water-dependent structures and utilities may alter the required buffer when no other practicable alternative exists and the development is consistent with the Clallam County shoreline master program. Any alteration of a buffer shall be the least necessary and shall require an approved habitat management plan which adequately protects habitat values.
(e)
Land divisions within Class I aquatic habitat conservation areas shall require a minimum lot frontage along the shoreline of 150 feet, measured in a straight line, and required buffer areas shall be dedicated as open space tracts, or an easement or covenant encumbering the buffer.
(f)
A stream channel or bank, bluff, and shore may be stabilized when their naturally occurring movement threatens existing structures, public improvements, unique natural resources, or the only feasible access to property, and, in the case of streams, when such stabilization results in maintenance of fish and wildlife habitat, flood control and improved water quality. The review authority may require that bank stabilization be designed by an engineer with sufficient expertise in hydraulic actions of shorelines.
(g)
Stream relocations for the purpose of flood protection and/or fisheries restoration shall only be allowed when adhering to the following minimum performance standards:
(i)
The bank and buffer configuration should be restored to the original conditions;
(ii)
The channel, bank and buffer areas should be replanted with native vegetation which replicates the original in species, size and densities; and
(iii)
When required by the city of Forks city council, a civil engineer provides information which demonstrates that the equivalent base flood storage volume and function will be maintained.
(h)
Prior to approval or issuance of permits for land divisions and major new development, the common boundary between a required buffer and the adjacent land shall be identified using permanent signs as shown in Exhibit 1 (attached to the ordinance codified in this chapter and on file in the office of the city clerk/treasurer).
(2)
Class II Aquatic Habitat Conservation Areas. All development within or adjacent to designated Class II aquatic habitat conservation areas shall adhere to the following standards:
(a)
All regulated uses shall submit and have approved a drainage and erosion control plan as specified in Article VIII of this chapter.
(b)
All regulated uses shall submit and have approved a grading plan as specified in Article VIII of this chapter.
(c)
Buffers. Buffers shall be maintained along all Class II aquatic areas. Distances shall be measured from the ordinary high water mark (OHWM) or from the top of the bank where the OHWM cannot be identified. Except as allowed for water-dependent and water-related activities, buffers shall be retained in their natural condition. Minor pruning of vegetation and tree limbs may be allowed for enhancement of views; provided, that such activity is approved by the review authority. The distance of the buffer shall be increased to include streamside wetlands which provide over-flow storage for stormwaters, feed water back to the stream during low flows or provide shelter and food for fish. In braided channels, the OHWM or top of bank shall be defined so as to include the entire stream feature.
(i)
The depth of the buffer for minor new development shall be based on applicable zoning requirements and the following standards:
Urban Residential, Commercial and Industrial Zones: | 25 feet |
Rural Residential Zones: | 35 feet |
Agricultural-Residential Zones: | 35 feet |
Forestry Zones: | 50 feet |
(ii)
The depth of the buffer for all new major development and all land divisions shall meet the standards for the type of stream as specified below. The review authority may decrease the buffer if a habitat management plan (Article VIII) approved by the review authority provides sufficient mitigation measures to protect the affected habitat.
Type 2 Waters: | 150 feet or the 100-year floodplain, whichever is greater |
Type 3 Waters: | 100 feet or the 100-year floodplain, whichever is greater |
Type 4 Waters: | 50 feet or the 100-year floodplain, whichever is greater |
Type 5 Waters: | 25 feet or the 100-year floodplain, whichever is greater |
(iii)
The depth of the buffer may be increased by the review authority whenever a development proposal is a habitat with which federal or state listed endangered, threatened or sensitive species or other state species of concern have a primary association, located within landslide or erosion hazard area, or the site supports unique or rare plant communities or heron rookeries and raptor nesting sites.
(d)
Water-dependent structures and utilities may intrude into the required buffer when no other practicable alternative exists. Any alteration of a buffer shall be the least necessary and shall require an approved habitat management plan.
(e)
A stream channel or bank, bluff, and shore may be stabilized when their naturally occurring movement threatens existing structures, public improvements, ongoing agricultural activities, unique natural resources, or the only feasible access to property, and, in the case of streams, when such stabilization results in improved fish and wildlife habitat, flood control and improved water quality.
(f)
Stream relocations for the purpose of flood protection and/or fisheries restoration shall only be allowed when adhering to the following minimum performance standards:
(i)
The bank and buffer configuration should be restored to the original conditions;
(ii)
The channel, bank and buffer areas should be replanted with native vegetation which replicates the original in species, size and densities; and
(iii)
When required by the city of Forks city council, a civil engineer provides information which demonstrates that the equivalent base flood storage volume and function will be maintained.
(3)
Class I Wildlife Conservation Areas. All development within or adjacent to designated Class I wildlife conservation areas shall adhere to the following standards:
(a)
All sites with known or suspected locations of Class I wildlife species shall require the withholding of all development permits without the filing and approval of a habitat management plan as specified in Article VIII by the review authority. In the case of bald eagles, an approved bald eagle management plan by the Washington Department of Wildlife meeting the requirements and guidelines of the bald eagle protection rules (WAC 232-12-292), as now or hereafter amended, shall satisfy the requirements for a habitat management plan.
(b)
All development within ranges and habitat elements with which Class I wildlife have a primary association may require the filing of a habitat management plan (HMP) as specified in Article VIII. An HMP shall consider measures to retain and protect the wildlife habitat and shall consider effects of land use intensity, buffers, setbacks, impervious surfaces, erosion control and retention of natural vegetation. The requirement for an HMP shall be determined during the SEPA threshold determination on the project and/or by the review authority.
(4)
Class II and III Wildlife Conservation Areas. All development within designated Class II and III wildlife conservation areas shall adhere to the following standards:
(a)
All development within Class II and III wildlife conservation areas may require the filing of a habitat management plan (HMP). An HMP shall consider measures to retain and protect the wildlife habitat and shall consider effects of land use intensity, buffers, setbacks, impervious surfaces, erosion control and retention of natural vegetation. The requirement for an HMP shall be determined during the SEPA threshold determination on the project and/or by the review authority.
(Ord. 342 § 450, 1992)