The following activities shall be exempt from the provisions of this chapter, provided they are conducted using best management practices and minimize and/or mitigate the impacts to critical areas:
A. 
Existing and ongoing agricultural activities, as defined in RMC § 22.10.040 and subject to the provisions found in RMC § 22.10.080(C)(3);
B. 
Maintenance, operation and reconstruction of existing roads, streets, utilities, and associated structures; provided, that reconstruction of any structures may not increase the impervious area;
C. 
Normal maintenance, repair and reconstruction of residential or commercial structures; provided, that reconstruction of any structures may not increase the impervious floor area;
D. 
Site investigative work and studies necessary for preparing land use applications, including soils tests, water quality studies, wildlife studies and similar tests and investigations; provided, that any disturbance of critical areas shall be the minimum necessary to carry out the work or studies;
E. 
Educational activities, scientific research, and outdoor recreational activities, including but not limited to interpretive fields, bird watching, fishing and hiking, that will not have a significant effect on the habitat area;
F. 
Public agency emergency activities necessary to prevent an immediate threat to public health, safety or property; provided, that retroactive mitigation is required to restore a site to a pre-emergency response condition to ensure no net loss of ecological functions. Retroactive mitigation must occur within the first growing season following completion of the emergency work;
G. 
Prior to the effective date of the ordinance codified in this chapter any of the following activities that have met all conditions of approval in a timely manner and are consistent with the reasonable use provisions of this chapter:
1. 
Complete applications as defined by the appropriate ordinance;
2. 
Approved preliminary plats; and
3. 
Development of legally created lots which have been recorded with Benton County;
H. 
Minor activities not mentioned above and determined by the administrator to pose minimal risk to critical areas;
I. 
The operation, maintenance, or reconstruction of existing canals, waterways, wasteways, drains, reservoirs or other facilities that lie within the boundaries of and are maintained by an irrigation district or company; provided, that any new construction or related activity does not encroach into a critical area.
(Ord. 48-93; Ord. 45-00; Ord. 31-03; Ord. 40-17 § 1; Ord. 40-17A § 1; Ord. 16-21 § 1; Formerly 22.10.300)
A. 
Preapplication Conference. All applicants are encouraged to meet with the administrator prior to submitting an application subject to these regulations. The purpose of this meeting shall be to discuss the city of Richland'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 familiarize the applicant with state and federal programs, particularly those pertaining to wetlands. Such conference shall be for the convenience of the applicant and any recommendations shall not be binding on the applicant or the city of Richland.
B. 
Application Requirements. The information required by this section should be coordinated with reporting requirements required by this section for any other critical area located on the site.
1. 
Prior to the issuance of a SEPA threshold determination for a proposal, a wetland determination, wetland delineation report, fish and wildlife habitat conservation area report, geologic hazard report or critical aquifer recharge area report must be submitted to the administrator for review if such critical areas are indicated on any portion of the site. The purpose of the reports is to determine the extent and function of critical areas where regulated activities are proposed. The report will also be used by the administrator to determine the appropriate implementation of critical area regulations and the extent to which potential impacts of proposed activities are addressed by existing regulations that provide environmental analysis and measures that avoid or otherwise mitigate the probable specific adverse environmental impacts of proposed activities.
2. 
In addition, wetland boundaries must be staked and flagged in the field by a qualified professional.
3. 
The report on any critical area shall include the following information:
a. 
Vicinity map;
b. 
A map showing:
i. 
Site boundary, property lines and roads;
ii. 
Internal property lines, rights-of-way, easements, etc.;
iii. 
Existing physical features of the site including buildings, fences, and other structures, roads, parking lots, utilities, water bodies, etc.;
iv. 
Contours at the smallest readily available intervals, preferably at five-foot intervals;
v. 
For large (50 acres or larger) or complex projects with wetlands or habitat areas, an aerial photo with overlays displaying the site boundaries and wetland delineation or habitat area(s) may be required. Generally, an orthophotograph at a scale of one inch equals 400 feet or greater (such as one inch equals 200 feet) should be used. If an orthophotograph is not available, the center of a small scale (e.g., one inch equals 2,000 feet) aerial enlarged to one inch equals 400 feet may be used;
vi. 
Locational information including legal description and address;
vii. 
All natural and manmade features within 150 feet of the site boundary;
viii. 
General site conditions including topography, acreage, and water bodies or wetlands; and
ix. 
Identification of any areas that have previously been disturbed or degraded by human activity or natural processes.
4. 
In addition to the general report requirements, a report on wetlands shall include the following information:
a. 
Delineated wetland boundary;
b. 
The wetland boundary must be accurately drawn at an appropriate engineering scale such that information shown is not cramped or illegible. The drawing shall be prepared by a surveyor. Generally, a scale of one inch equals 40 feet or greater (such as one inch equals 20 feet) should be used. Existing features must be distinguished from proposed features;
c. 
Site designated on the wetlands areas maps described in RMC § 22.10.090;
d. 
Hydrologic mapping showing patterns of water movement into, through, and out of the site area;
e. 
Location of all test holes and vegetation sample sites, numbered to correspond with flagging in the field and field data sheets;
f. 
Field data sheets from the Federal Manual, numbered to correspond with sample site locations as staked and flagged in the field; and describe:
i. 
Specific descriptions of plant communities, soils, and hydrology;
ii. 
A summary of existing wetland function and value; and
iii. 
A summary of proposed wetland and buffer alterations, impacts, and the need for the alterations as proposed. Potential impacts may include but are not limited to loss of flood storage potential, loss of wildlife habitat, expected decreases in species diversity or quantity, changes in water quality, increases in human intrusion, and impacts on associated wetland or water resources. If alteration of a Category I, II, III or IV wetland is proposed, a wetland mitigation plan is required according to the standards of RMC § 22.10.140.
5. 
In addition to the general report requirements, a report on fish and wildlife habitat conservation areas shall include the requirements listed in RMC § 22.10.200 together with the following information. (The level of detail contained in the report shall generally reflect the size and complexity of the proposal and the function and value of the habitat. The administrator may require field studies at the applicant's expense in appropriate cases.)
a. 
A map of vegetative cover types, reflecting the general boundaries of different plant communities on the site;
b. 
A description of the species typically associated with the cover types, including an identification of any critical wildlife species expected to be found;
c. 
The results of searches of Washington State Department of Natural Resource's Natural Heritage and Washington State Department of Wildlife's nongame data system databases, if available;
d. 
Additional information on species occurrence available from the city of Richland or Benton County or the Washington State Department of Fish and Wildlife; and
e. 
Include the following descriptions:
i. 
The layers, diversity and variety of habitat found on the site;
ii. 
Identification of edges between habitat types and any species commonly associated with that habitat;
iii. 
The location of any migration or movement corridors;
iv. 
A narrative summary of existing habitat functions and values;
v. 
A summary of proposed habitat and buffer alterations, impacts, and mitigation. Potential impacts may include but are not limited to clearing of vegetation, fragmentation of wildlife habitat, expected decreases in species diversity or quantity, changes in water quality, increases in human intrusion, and impacts on wetlands or water resources; and
vi. 
Describe how mitigation meets the criteria of RMC § 22.10.220 including the specified mitigation sequence.
6. 
In addition to the general report requirements, applicants for activities within 200 feet of geologically hazardous areas shall conduct technical studies and reports which include the following:
a. 
Review site history and available information;
b. 
Conduct a surface reconnaissance of the site and adjacent areas;
c. 
Conduct subsurface exploration suitable to the site and proposal to assess geotechnical geohydrologic conditions;
d. 
Conduct a detailed stability analysis of the existing landslide that demonstrates that the proposal will result in a suitable factor of safety during and following site development;
e. 
Characterize soils, geology and drainage;
f. 
Characterize ground water conditions including the presence of any public or private wells in the immediate vicinity;
g. 
Analyze proposed clearing, grading and construction activities, including construction scheduling; potential direct and indirect, on-site and off-site, impacts from development; and proposed mitigation measures, including any special construction techniques, monitoring or inspection programs (during and after construction), and surface water management controls;
h. 
Evaluate the presence of geologic conditions giving rise to geologic hazards;
i. 
Evaluate the safety and appropriateness of the proposed activities;
j. 
Recommend appropriate construction practices, monitoring programs and other mitigating measures required to ensure achievement of the purpose and intent of these regulations. The format of any required reports shall be determined by the administrator;
k. 
Recommend surface water management controls during construction and operation;
l. 
Propose construction scheduling; and
m. 
Recommend site monitoring and inspection during construction.
7. 
In addition to the general report requirements, a report for critical aquifer recharge areas must meet the following requirements:
a. 
Available information regarding geologic and hydrogeologic characteristics of the site including the surface location of all CARAs located on site or immediately adjacent to the site, and permeability of the unsaturated zone;
b. 
Ground water depth, flow direction, and gradient based on available information;
c. 
Currently available data on wells and springs within 1,000 feet of the project area;
d. 
Location of other critical areas, including surface waters, within 1,000 feet of the project area;
e. 
Available historic water quality data for the area to be affected by the proposed activity;
f. 
Evaluation of the potential impact of the proposed development on ground water quality, both short and long term, based on an assessment of the cumulative impacts of the proposal in combination with existing and potential future land use activities;
g. 
Identified protective measures, as applicable. Applicants must demonstrate how they will integrate necessary and appropriate best management practices to prevent degradation of ground water.
8. 
In addition to the general report requirements, a report on floodplain development shall include the information required by RMC § 22.16.040, Administration.
C. 
Permit Process. This section is not intended to create a separate permit process for development proposals. To the extent possible, the administrator shall consolidate and integrate the review and processing of critical area-related aspects of proposals with other land use and environmental considerations and approvals.
D. 
The administrator has the authority to seek expert advice in determining the adequacy of the submitted report, at the applicant's expense.
(Ord. 48-93; Ord. 45-00; Ord. 23-01; Ord. 31-03; Ord. 40-17 § 1; Ord. 40-17A § 1; Ord. 16-21 § 1; Formerly 22.10.310)
All reports or studies are to be performed by a professional, licensed or qualified as a consultant, in the critical area at issue. The administrator shall determine whether a person is a qualified professional pursuant to RMC § 22.10.040, in accordance with WAC 365-195-905(4).
(Ord. 48-93; Ord. 23-01; Ord. 40-17 § 1; Ord. 40-17A § 1; Ord. 16-21 § 1; Formerly 22.10.320)
A. 
In order to inform subsequent purchasers of real property of the existence of critical areas, the owner of any property that contains one or more critical areas or buffers for which a development proposal has been approved shall record a notice with the county auditor's office according to the direction of the city. The notice shall state the presence of the critical area(s) or buffer(s) on the property, the application of this chapter to the property, and a listing of the limitations on actions in or affecting the critical area or buffer that may exist. The notice shall note specific requirements that may include but not be limited to the preservation of existing native vegetation; restrictions on access; the prohibition on construction of buildings or other improvements; the prohibition on grading, filling or clearing activities or other requirements as identified in this chapter. The notice shall "run with the land."
B. 
The notice on title shall not be required for a development proposal by a public agency or public or private utility:
1. 
Within a recorded easement or right-of-way;
2. 
Where the agency or utility has been adjudicated the right to an easement or right-of-way; or
3. 
On the site of a permanent public facility.
C. 
The applicant shall submit proof that the notice has been recorded before the city grants any final development approval for the property. In the case of subdivisions, short subdivisions or binding site plans, a note on the recorded plat shall satisfy the requirement for a notice on title.
(Ord. 40-17 § 1; Ord. 40-17A § 1; Ord. 16-21 § 1)
All proposed divisions of land which include regulated critical areas shall comply with the following procedure and development standard:
A. 
New lots shall contain at least one building site, including access that is suitable for development and is not within the regulated critical area or its associated buffer or setback in which a restriction of prohibition on alteration is provided by this program.
(Ord. 48-93; Ord. 40-17 § 1; Ord. 40-17A § 1; Ord. 16-21 § 1; Formerly 22.10.330)
A. 
An owner of a residential site or property containing critical areas may be permitted to transfer the density attributable to the critical area and associated buffer area or setback to another non-sensitive portion of the same site or property, subject to the limitations of this section and other applicable regulations.
B. 
Density can be transferred from the critical portion and associated buffer area or setback to the nonsensitive portion of the residential site subject to the following conditions:
1. 
The basis for the density transfer will be an actual site plan for the site or property as if it did not have the critical area, subject to the provisions of the underlying zoning classification, applicable setbacks, and other standards of the city code or other land development regulations.
2. 
Based on the above site plan, a portion of the density that could be achieved on the critical portion and associated buffer or setback of the site can be transferred to the nonsensitive portion of the site. The following chart indicates the amount of density that can be transferred, based on the degree of sensitivity of the critical area:
Category of Critical Area
Percent of Density on Critical Area That May Be Transferred on Site
Category I and II Wetlands
25%
High and Very High Geologically Hazardous Area
25%
Seismic Hazard
25%
Category III and IV Wetlands
100%
Low and Medium Geologically Hazardous Area
100%
3. 
When transferring the density from the critical portion of the site and its associated buffer or setback to the nonsensitive portion of the site, the overall density of the nonsensitive portion of the site may be increased, provided the additional density does not exceed what would be allowed by the next residential zoning classification. In the case of the highest density multifamily zoning classifications, the density may not be increased beyond the current density.
4. 
The nonwetland portion of the site is not constrained by another environmentally critical or geologically hazardous area regulated by this code.
5. 
The nonwetland portion of the site is subject to the lot size and setback requirements of the next residential zoning classification. Land uses and other standards of the city code or other land development regulations shall continue to apply as per the existing zoning classification.
C. 
An on-site density transfer shall meet the requirements and follow the procedures of:
1. 
Planned unit development, RMC § 23.50.010;
2. 
Plats and subdivision, RMC Title 24.
D. 
The fact that development rights have been sold or received, and all related conditions, will be recorded, in a form acceptable to the city attorney, to become a part of the deed of the "sending" and "receiving" properties.
(Ord. 48-93; Ord. 45-00; Ord. 23-01; Ord. 28-05 § 1.10; Ord. 40-17 § 1; Ord. 40-17A § 1; Ord. 53-19; Ord. 16-21 § 11; Formerly 22.10.340)
A. 
An owner of a residential site or property containing critical areas who chooses to increase the buffers adjacent to a wetland or wildlife habitat area beyond the minimums required under this title shall be permitted to increase the density on the portion of the site that lies outside of a critical area or its required buffer. The amount of density bonus shall be based on the amount of additional buffer lands provided, through a calculation of the area of the additional buffer and/or wildlife corridor proposed on site, expressed as a percentage of the total site area, exclusive of the total wetland, wetland buffer area and/or wildlife corridor as required under the provisions of this chapter. This percentage can then be doubled and applied to the total number of units located within the noncritical area portion of the site to determine the allowed density increase.
An example application of the density bonus provision is as follows: An applicant has a 15-acre site with an identified wetland area and buffer and proposes an additional three-quarter acre of buffer, which translates to five percent of the total site. This entitles the developer to a 10 percent increase in lot count. If the existing zoning permitted 40 lots, the density bonus would entitle the applicant to an additional four lots.
B. 
In order to qualify for a density bonus:
1. 
Any additional wetland buffer area must be adjacent to the required wetland buffer area;
2. 
Any additional habitat buffer area must be adjacent to the required habitat area;
3. 
A wildlife corridor not otherwise required by this title may qualify for a density bonus; provided, that the fish and wildlife habitat conservation area report prepared by a qualified professional identifies the location of said wildlife corridor as beneficial to priority, threatened or endangered species.
C. 
When transferring the density from the critical portion of the site and its associated buffer or setback to the nonsensitive portion of the site, the overall density of the nonsensitive portion of the site may be increased, provided the additional density does not exceed what would be allowed by the next residential zoning classification. In the case of the highest density multifamily zoning classifications, the density may not be increased beyond the current density.
(Ord. 40-17 § 1; Ord. 40-17A § 1; Ord. 53-19 § 2; Ord. 16-21 § 1)
A. 
Interpretations and Conflicts. Any question regarding interpretation of these regulations shall be resolved pursuant to the procedures set forth in RMC § 23.70.070.
B. 
Appeals from permit decisions shall be governed by the procedures set forth in Chapter 19.70 RMC.
(Ord. 48-93; Ord. 45-00; Ord. 28-05 § 1.11; Ord. 06-10 § 1.41; Ord. 40-17 § 1; Ord. 40-17A § 1; Ord. 16-21 § 1; Formerly 22.10.350)
Any person who has violated any provision of this chapter shall have committed a civil infraction subject to a civil penalty as set forth in RMC § 10.02.050(E).
Provided, if the same violator has been found to have committed an infraction violation for the same or similar conduct two separate times, with the violations occurring at the same location and involving the same or similar sections of the Richland Municipal Code or other similar codes, the third or subsequent violation shall constitute a misdemeanor, punishable as provided in RMC § 1.30.010 for criminal offenses.
(Ord. 40-17 § 1; Ord. 40-17A § 1; Ord. 16-21 § 1)
A. 
The standards and regulations of this chapter are not intended, and shall not be construed or applied in a manner, to deny all reasonable economic use of private property. If an applicant demonstrates to the satisfaction of the administrator that strict application of these standards and the utilization of cluster techniques, planned unit development, and transfer of development rights would deny all reasonable economic use of its property, development may be permitted subject to appropriate conditions, derived from this chapter as determined by the administrator and after all variance requests from the hearing examiner have been denied.
B. 
An applicant for relief from strict application of these standards shall demonstrate the following:
1. 
That no reasonable use with less impact on the critical habitat and/or hazard area and buffer is feasible and reasonable;
2. 
That there is no feasible and reasonable on-site alternative to the activities proposed, considering possible changes in site layout, reductions in density and similar factors;
3. 
That the proposed activities, as conditioned, will result in the minimum possible impacts to wetlands and buffers;
4. 
That all reasonable mitigation measures have been implemented or assured;
5. 
That all provisions of the city's regulations allowing density transfer on site and off site have been considered;
6. 
That the inability to derive a reasonable economic use is not the result of the applicant's actions or that of a previous property owner, such as by segregating or dividing the property and creating an undevelopable condition.
(Ord. 48-93; Ord. 31-03; Ord. 40-17 § 1; Ord. 40-17A § 1; Ord. 16-21 § 1; Formerly 22.10.360)
It is the purpose of this chapter to provide for the health, welfare, and safety of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter. No provision or term used in this chapter is intended to impose any duty whatsoever upon the city or any of its officers, agents, or employees for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory.
Nothing contained in this chapter is intended to be, nor shall be construed to create or form the basis for any liability on the part of the city or its officers, agents, and employees for any injury or damage resulting from the failure of any premises to abate a nuisance or to comply with the provisions of this chapter or be a reason or a consequence of any inspection, notice, or order, in connection with the implementation or enforcement of this chapter, or by reason of any action of the city related in any manner to enforcement of this chapter by its officers, agents or employees.
(Ord. 48-93; Ord. 40-17 § 1; Ord. 40-17A § 1; Ord. 16-21 § 1; Formerly 22.10.370)
A. 
When a critical area or its buffer has been altered in violation of this chapter, all ongoing development work shall stop and the critical area shall be restored. The administrator shall have the authority to issue a "stop-work" order to cease all ongoing development work and order restoration, rehabilitation, or replacement measures at the owner's or other responsible party's expense to compensate for violation of provisions of this chapter.
B. 
Requirement for Restoration Plan. All development work shall remain stopped until a restoration plan is prepared and approved by city. Such a plan shall be prepared by a qualified professional using the currently accepted scientific principles and shall describe how the actions proposed meet the minimum requirements described in subsection (C) of this section. The administrator shall, at the violator's expense, seek expert advice in determining the adequacy of the plan. Inadequate plans shall be returned to the applicant or violator for revision and resubmittal.
C. 
Minimum Performance Standards for Restoration. The following minimum performance standards shall be met for the restoration of a critical area; provided, that if the violator can demonstrate that greater functions and habitat values can be obtained, these standards may be modified:
1. 
The historic structure, functions, and values of the affected critical area shall be restored, including water quality and habitat functions;
2. 
The historic soil types and configuration shall be restored to the extent practicable;
3. 
The affected critical area and its buffer shall be replanted with native vegetation that replicates the vegetation historically found on the site in species types, sizes, and densities. The historic functions and values should be replicated at the location of the alteration;
4. 
Information demonstrating compliance with other applicable provisions of this chapter shall be submitted to the administrator.
D. 
Site Investigations. The administrator is authorized to make site inspections and take such actions as necessary to enforce this chapter. The administrator shall present proper credentials and make a reasonable effort to contact any property owner before entering onto private property.
E. 
Penalties. See RMC § 22.10.415.
F. 
If the critical area affected cannot be restored, money from any associated penalties shall be deposited in a dedicated account for the preservation or restoration of landscape processes and functions in the watershed in which the affected wetland is located. The administrator may coordinate its preservation or restoration activities with others to optimize the effectiveness of the restoration action.
G. 
Illegal Modifications. Wetland rating categories and/or fish and wildlife conservation area boundaries shall not change due to illegal modifications made by the applicant or with the applicant's knowledge.
(Ord. 40-17 § 1; Ord. 40-17A § 1; Ord. 16-21 § 1)
The provisions of this chapter are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this chapter to any person or circumstance shall not affect the validity of the remainder of this chapter or the validity of its application to other persons or circumstances.
(Ord. 48-93; Ord. 40-17 § 1; Ord. 40-17A § 1; Ord. 16-21 § 1; Formerly 22.10.380)
The critical area map and all amendments thereto adopted as part of this code shall be filed in the office of the administrator and may be viewed in the development services division.
(Ord. 40-17 § 1; Ord. 40-17A § 1; Ord. 16-21 § 1)