The following sections of this chapter, Sensitive Areas, apply to sensitive areas within Shoreline Management Act jurisdiction.
(Ord. 25-14 § 1.01; Ord. 12-18 § 1 (Exh. A))
A.
Sensitive areas perform many important biological and physical functions that benefit the city of Richland and its residents. The city shall regulate in the shoreline jurisdiction all uses, activities, and development within, adjacent to, or likely to affect one or more sensitive areas, consistent with the provisions of this chapter, Sensitive Areas.
These functions include, but are not limited to, the following (by type):
1.
Wetlands: helping to maintain water quality; storing and conveying stormwater and flood water; recharging ground water; providing important wildlife habitat; and serving as areas for recreation, educational and scientific study, and aesthetic appreciation.
2.
Fish and wildlife habitat 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.
In addition, certain portions of the city of Richland are characterized by geologic hazards 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 sensitive areas and regulation of geologic hazards are necessary to protect the public health, safety, and welfare.
B.
This chapter contains standards, guidelines, criteria and requirements intended to identify, analyze, and mitigate probable impacts to the city of Richland's sensitive areas and geologic hazard areas within the shoreline jurisdiction and to enhance and restore them when possible. The intent of these regulations, in concert with other shoreline master program provisions, is to achieve no net loss of ecological function. In appropriate circumstances, impacts to sensitive and geologic hazard areas that result from regulated activities may be minimized, rectified, reduced, and/or compensated for, consistent with these requirements. The city of Richland's goal shall be the protection of existing ecological functions and ecosystem-wide processes and restoration of degraded ecological functions and ecosystem-wide processes to achieve no net loss of shoreline ecological functions, and to avoid probable impacts, to the extent feasible, to all sensitive 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; aesthetics and community character; adequate housing and infrastructure; opportunities for economic development; creation of a balanced transportation system; adequate public facilities; and achievement of a mix of land use types and densities consistent with the city of Richland's land use plan;
2.
Protect sensitive areas through the application of the most current, accurate, and complete scientific or technical information available as determined according to WAC 173-26-201(2)(a), and in consultation with state and federal agencies and other qualified professionals, and to integrate the full spectrum of state, tribal, and federal programs;
4.
Serve as a basis for exercise of the city's substantive authority under the State Environmental Policy Act (SEPA) and the city's SEPA rules;
5.
Comply with the requirements of the Growth Management Act, Chapter 36.70A RCW, and implementing rules; and
6.
Coordinate environmental review and permitting of proposals to avoid duplication and delay.
D.
The city of Richland has mapping available from a variety of local, state, and federal information sources and based on topographic, geologic, hydrologic, and habitat characteristics that indicate where sensitive areas or geologic hazards may exist. Additional study and mapping are needed to verify that such conditions do prevail, and to identify other areas that are potentially sensitive areas. Maps and reference documents in the city of Richland's SMP inventory, characterization and analysis report include this information. This mapping helps the city identify the potential presence of sensitive areas or the risks associated with developing lands subject to geologic hazards to the public. It should be noted that the boundaries of the sensitive areas and geologic hazard 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 sensitive areas or geologic hazard areas on the site shall determine the action to be taken.
(Ord. 25-14 § 1.01; Ord. 12-18 § 1 (Exh. A))
The provisions of these regulations shall apply to any activity that affects sensitive areas or their established buffers within the city's shoreline jurisdiction, and this provision applies whether or not a substantial development permit or other type of city approval is being sought.
(Ord. 25-14 § 1.01; Ord. 12-18 § 1 (Exh. A))
These sensitive area regulations shall apply as an overlay and in addition to shoreline, zoning, land use, and other regulations established by the city of Richland.
Areas characterized as sensitive may also be subject to other regulations established by this title due to the overlap or multiple functions of some sensitive or critical areas. For example, some landslide hazard areas (e.g., steep slopes) adjacent to wetlands may be regulated by buffering requirements according to the wetland management provisions of this title. Wetlands may be defined and regulated according to the wetland section and habitat management provisions of this title.
In the event of any conflict between these regulations and any other regulations of the city of Richland, the regulations which provide greater protection to environmentally sensitive areas shall apply.
(Ord. 25-14 § 1.01; Ord. 12-18 § 1 (Exh. A))