16.18A.170 Allowed activities.
A. Critical Area Report. Activities allowed under this chapter shall have been reviewed and permitted or approved by the city or other agency with jurisdiction; as such they do not require submittal of a separate critical area identification form or other critical area report. The mayor or his/her designee may apply conditions to the underlying permit or approval to ensure that the allowed activity is consistent with the provisions of this chapter to protect critical areas.
B. Required Use of Best Management Practices. All allowed activities shall be conducted using the best management practices, adopted pursuant to Sections 16.18D.060 and 16.18D.070 and Chapter 13.46, that result in the least amount of impact to the critical areas. Best management practices shall be used for tree and vegetation protection, construction management, erosion and sedimentation control, water quality protection, and regulation of chemical applications. The city shall observe the use of best management practices to ensure that the activity does not result in degradation to the critical area. Any incidental damage to, or alteration of, a critical area shall be restored, rehabilitated, or replaced at the responsible party’s expense.
C. Allowed Activities. The following activities are allowed:
1. Permit Requests Subsequent to Previous Critical Area Review. Development permits and approvals that involve both discretionary land use approvals (such as subdivisions, rezones, or conditional use permits) if all of the following conditions have been met:
a. The provisions of this chapter have been previously addressed as part of another approval;
b. There have been no material changes in the potential impact to the critical area or buffer since the prior review;
c. There is no new information available that is applicable to any critical area review of the site or particular critical area;
d. The permit or approval has not expired or, if no expiration date, no more than two years have elapsed since the issuance of that permit or approval; and
e. Compliance with any standards or conditions placed upon the prior permit or approval has been achieved or secured;
2. Modification to Existing Structures. Structural modification of, addition to, or replacement of an existing legally constructed structure that does not further alter or increase the impact to the critical area or buffer and there is no increased risk to life or property as a result of the proposed modification or replacement; provided, that restoration of structures substantially damaged by fire, flood, or act of nature must be initiated within one year of the date of such damage, as evidenced by the issuance of a valid building permit, and diligently pursued to completion;
3. Activities Within the Improved Right-of-Way. Replacement, modification, installation, or construction of utility facilities, lines, pipes, mains, equipment, or appurtenances, not including substations, when such facilities are located within the improved portion of the public right-of-way or a city authorized private roadway except those activities that alter a wetland or watercourse, such as culverts or bridges, or result in the transport of sediment or increased storm water; subject to the following:
a. Retention and replanting of native vegetation shall occur wherever possible along the right-of-way improvement and resulting disturbance;
4. Minor Utility Projects. Utility projects which have minor or short-duration impacts to critical areas, as determined by the mayor or his/her designee in accordance with the criteria below, and which do not significantly impact the function or values of a critical area(s); provided, that such projects are constructed with best management practices and additional restoration measures (e.g., native plantings) are provided. Minor activities shall not result in the transport of sediment or increased storm water. Such allowed minor utility projects shall meet the following criteria:
a. There is no practical alternative to the proposed activity with less impact on critical areas;
b. The activity involves the placement of a utility pole, street signs, anchor, or vault or other small component of a utility facility; and
c. The activity involves disturbances of an area less than seventy-five square feet;
5. Public and Private Pedestrian Trails. Public and private pedestrian trails, except in wetlands or their buffers, or in fish and wildlife habitat conservation areas or their buffers, subject to the following:
a. The trail surface shall meet all other requirements including water quality standards set forth in Chapter 13.46;
b. Trails proposed to be located in landslide or erosion hazard areas shall be constructed in a manner that does not increase the risk for landslide or erosion and in accordance with an approved geotechnical report;
6. Select Vegetation Removal Activities. The following vegetation removal activities; provided, that no vegetation shall be removed from a critical area or its buffer without approval from the mayor or his/her designee:
a. The removal of the following vegetation with hand labor and light equipment.
i. Invasive and noxious weeds7;
ii. English ivy (Hedera helix);
iii. Himalayan blackberry (Rubus armeniacus); and
iv. Cutleaf blackberry (Rubus laciniatus);
b. The removal of trees from critical areas and buffers that are hazardous, posing a threat to public safety, and/or posing an imminent risk of damage to private property; provided, that:
i. The applicant submits a report from a certified arborist, registered landscape architect, or professional forester that documents the hazard and provides a replanting schedule for the replacement of trees;
ii. Tree cutting shall be limited to pruning and crown thinning, unless otherwise justified by a qualified professional. Where pruning or crown thinning is not sufficient to address the hazard, trees should be removed or converted to wildlife snags;
iii. All vegetation cut (tree stems, branches, etc.) shall be left within the critical area or buffer unless removal is warranted due to the potential for disease or pest transmittal to other healthy vegetation as documented by the certified arborist report;
iv. The landowner shall replace any trees that are removed with new trees as follows:
a. Either at a ratio of two replacement trees for each tree removed (2:1) where the replacement tree is a minimum of one inch in diameter-at-breast height (dbh) for deciduous trees and a minimum of six feet in height for evergreen trees as measured from the top of the root ball; or
b. A ratio of 5:1 for seedling sized trees.
Replacement trees shall be planted within one year in accordance with an approved tree replacement plan. Replacement trees may be planted at a different, nearby location within a critical area if it can be determined that planting in the same location would create a new hazard or potentially damage the critical area. Replacement trees shall be species that are native and indigenous to the area;
v. If a tree to be removed provides critical habitat, such as nesting, perching, or roosting habitat for a priority wildlife species, a qualified wildlife biologist shall be consulted to determine timing and methods of removal that will minimize impacts; and
vi. Hazard trees determined to pose an imminent threat or danger to public health or safety, to public or private property, or of serious environmental degradation may be removed or pruned by the landowner prior to receiving written approval from the city; provided, that within fourteen days following such action, the landowner shall submit a certified arborist report and tree replacement plan that demonstrates compliance with the provisions of this chapter.
c. Measures to control a fire or halt the spread of disease or damaging insects consistent with the State Forest Practices Act, Chapter 76.09 RCW, and as amended; provided, that the removed vegetation shall be replaced in-kind or with similar native species within one year in accordance with an approved restoration plan; and
d. Unless otherwise provided, or as a necessary part of an approved alteration, removal of any native vegetation or woody debris from a fish and wildlife habitat conservation area or wetland shall be prohibited.
7. Chemical Applications. The application of herbicides, pesticides, organic or mineral-derived fertilizers, or other hazardous substances, if necessary, as approved by the city; provided, that their use shall be restricted in accordance with State Department of Fish and Wildlife Management Recommendations and the regulations of the State Department of Agriculture and the U.S. Environmental Protection Agency;8
8. Minor Site Investigative Work. Work necessary for land use submittals, such as surveys, soil logs, percolation tests, and other related activities, where such activities do not require construction of new roads or significant amounts of excavation. In every case, impacts to the critical area shall be minimized and disturbed areas shall be immediately restored; and
9. Navigational Aids and Boundary Markers. Construction or modification of navigational aids, and boundary markers. (Ord. 1104-15 § 1 (Att. A)).
7The state maintains a noxious weed list in Chapter 16-750 WAC.
8More information on commercial and residential use of chemicals can be found in the Washington State Department of Ecology’s Guidance Document for Establishment of Critical Aquifer Recharge Areas Ordinances, Version 3.0, Publication No. 97-30; and from the Washington State Department of Agriculture, http://agr.wa.gov.