The following activities shall be exempt from the provisions of this chapter, provided they are conducted using best management practices:
A. 
Existing and ongoing agricultural activities as defined in Chapter 26.80 RMC.
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 sensitive areas shall be the minimum necessary to carry out the work or studies.
E. 
Educational activities, scientific research, and outdoor recreational activities that will not have a significant effect on the habitat area, including, but not limited to, interpretive fields, bird watching, fishing and hiking.
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.
G. 
Prior to the effective date of the ordinance codifying 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, to include:
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 community development director to pose minimal risk to the public health, safety, and general welfare.
(Ord. 25-14 § 1.01; Ord. 12-18 § 1 (Exh. A))
A. 
Preapplication Conference. All applicants are encouraged to meet with the city of Richland's shoreline administrator or his or her representative prior to submitting an application subject to these regulations. The purpose of this meeting shall be to discuss the city of Richland's sensitive 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 sensitive area located on the site.
1. 
Prior to the issuance of a SEPA threshold determination for a proposal, all sensitive area reports relevant to the site must be submitted to the city of Richland, if requested, for review by staff if such sensitive areas are indicated on any portion of the site. The purpose of the reports is to determine the extent and function of sensitive areas where regulated activities are proposed. The reports will also be used by the city of Richland to determine the appropriate implementation of sensitive 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 and other relevant physical features must be staked and flagged in the field by a qualified consultant.
3. 
The report on any sensitive 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; and
v. 
For large (50 acres or larger) or complex projects with wetlands or habitat areas, the city of Richland may require an aerial photo with overlays displaying the site boundaries and wetland delineation or habitat area(s). 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;
c. 
The report for any sensitive area must describe:
i. 
Locational information including legal description and address;
ii. 
All natural and manmade features within 150 feet of the site boundary;
iii. 
General site conditions including topography, acreage, and water bodies or wetlands; and
iv. 
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 area maps described in RMC § 26.60.022;
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, including a description of:
i. 
Specific descriptions of plant communities, soils, and hydrology;
ii. 
A summary of existing wetland function and value;
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 § 26.60.028 and § 26.60.029; and
g. 
Describe how mitigation meets the criteria of RMC § 26.20.020, Ecological functions, no net loss, including the specified mitigation sequence.
5. 
In addition to the general report requirements, a report on fish and wildlife habitats shall include 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 city 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 Resources' natural heritage and Washington State Department of Fish and Wildlife's nongame data system databases, if available;
d. 
Additional information on species occurrence available from the city of Richland or Benton County;
e. 
Descriptions of the following:
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
f. 
Describe how mitigation meets the criteria of RMC § 26.20.020, Ecological functions, no net loss, including the specified mitigation sequence.
6. 
In addition to the general report requirements, applicants for activities within 200 feet of geologic hazard 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 city of Richland;
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 include the following information:
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 sensitive 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; and
g. 
A proposed mitigation plan, 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 city of Richland shall consolidate and integrate the review and processing of sensitive area-related aspects of proposals with other land use and environmental considerations and approvals.
(Ord. 25-14 § 1.01; Ord. 12-18 § 1 (Exh. A))
All reports or studies are to be performed by a professional, licensed or qualified as a consultant, in the sensitive area at issue. The city of Richland shall determine whether a person is a qualified consultant based on the criteria established in Chapter 26.80 RMC.
(Ord. 25-14 § 1.01; Ord. 12-18 § 1 (Exh. A))
All proposed divisions of land which include regulated sensitive 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 a portion of the regulated sensitive area or its associated buffer or setback in which a restriction or prohibition on alteration is provided by this program.
(Ord. 25-14 § 1.01; Ord. 12-18 § 1 (Exh. A))
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. 
Penalties and Enforcement. 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.
C. 
Appeals from permit decisions shall be governed by the procedures set forth in Chapter 19.70 RMC.
(Ord. 25-14 § 1.01; Ord. 12-18 § 1 (Exh. A))