A.
Critical areas perform many important biological and physical functions and values that benefit the city of Richland and its residents.
These functions include, but are not limited to, the following (by type):
1.
Wetlands: helping to maintain water quality; storing and conveying stormwater and floodwater; recharging and discharging ground water; contributing to stream flow during low flow periods; stabilizing stream banks and shorelines; providing important wildlife habitat providing food, breeding, nesting and/or rearing habitat for fish and wildlife; improving water quality through biofiltration, adsorption and retention and transformation of sediments, nutrients and toxicants and serving as areas for recreation, educational and scientific study, and aesthetic appreciation; such beneficial functions are widely known as ecosystem services.
2.
Fish and wildlife habitat conservation areas: maintaining species diversity and genetic diversity of local flora and fauna; providing opportunities for food, cover, nesting, breeding and movement for fish and wildlife; serving as areas for recreation, educational and scientific study and aesthetic appreciation; helping to maintain air and water quality; controlling erosion; and providing neighborhood separation and visual diversity within urban areas.
3.
Certain portions of the city of Richland are characterized by geologically hazardous areas that pose a risk to public and private property, to human life and safety and to the natural systems that make up the environment of the city of Richland. These lands are affected by natural processes that make them susceptible to landslides, seismic activity, and/or severe erosion. The city of Richland maintains that protection of critical areas is necessary to protect the public health, safety, and welfare.
4.
Certain portions of the city are located within critical aquifer recharge areas whose potential contamination poses a risk to public health and safety. These lands are susceptible to the degradation of ground water quality and quantity that could potentially impact potable water systems.
B.
This chapter contains standards, guidelines, criteria and requirements intended to identify, analyze, avoid and mitigate probable impacts to the city of Richland's critical areas and to enhance and restore them when possible. The intent of these regulations is to protect ecological functions, and to avoid environmental impacts where such avoidance is feasible and reasonable. In appropriate circumstances, impacts to critical areas that result from regulated activities may be minimized, rectified, reduced and/or compensated for, consistent with the requirements of this chapter. The city of Richland's goal shall be to achieve no net loss of wetlands and to avoid probable impacts, to the extent practical, to other critical areas.
C.
It is the intent of this chapter to:
1.
Implement the goals and policies of the city of Richland's comprehensive plan, including those goals and policies that pertain to natural features and environmental protection;
2.
Recognize and protect the beneficial functions of critical areas through the application of the most current, accurate, and complete scientific or technical information available as determined according to Chapter 365-195 WAC (Best Available Science) and in consultation with state and federal agencies and other qualified professionals and integrate the full spectrum of state, tribal, and federal programs;
3.
Serve as a basis for exercise of the city of Richland's substantive authority under the State Environmental Policy Act (SEPA) and the city of Richland's SEPA rules;
4.
Comply with the requirements of the Growth Management Act (Chapter 36.70A RCW) and implementing rules; and
5.
Coordinate environmental review and permitting of proposals to avoid duplication and delay.
D.
The city of Richland further notes that Benton County, the U.S. Fish and Wildlife Service and Department of Energy; and the Washington State Departments of Fish and Wildlife, Ecology, and Health have identified and mapped some portions of the city of Richland – based on topographic, geologic, hydrologic, and habitat characteristics – where the conditions indicate that critical areas or geologic hazards may exist. Additional study and mapping are needed to verify that such conditions do prevail and are needed to identify other areas that are potentially critical areas. Mapping will enable the city of Richland to provide notice of the potential presence of critical areas or the risks associated with developing lands subject to geologically hazardous areas to the public. It should be noted that the boundaries of the critical areas and geologically hazardous areas displayed on these maps are approximate and are not intended to be used for individual site assessment. When differences occur between what is illustrated on these maps and current site conditions, the actual presence or absence of environmentally critical areas or geologically hazardous areas on the site shall determine the action to be taken.
E.
Compliance with the provisions of this chapter does not constitute compliance with other federal, state and local regulations. Other permits, including but not limited to HPA permits, Army Corps of Engineers Section 404 permits, and/or NPDES permits, may be required. It is the responsibility of the applicant to comply with other requirements apart from the provisions of this chapter.
(Ord. 48-93; Ord. 40-17 § 1; Ord. 40-17A § 1; Ord. 59-19 § 4; Ord. 16-21 § 1)