A. Growth management, resource land conservation, and critical areas protection share problems related to governmental costs and efficiency.

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1 CITY OF MOSES LAKE MUNICIPAL CODE CHAPTER CLASSIFICATION AND DESIGNATION OF RESOURCE LANDS AND CRITICAL AREAS AND REGULATIONS FOR THE CONSERVATION AND PROTECTION OF RESOURCE LANDS AND CRITICAL AREAS Sections: Statutory Authorization Findings of Fact Purpose Goals Definitions Data Maps Interpretation of Data Maps Applicability Site Analysis Appeals Agricultural Lands Forest Lands Mineral Lands Aquifer Recharge Areas Frequently Flooded Areas Geologically Hazardous Areas Fish and Wildlife Habitat Areas Existing Structures and Developments Warning and Disclaimer of Liability Reasonable Use Exception to Allow for Reasonable Economic Use Statutory Authorization: The legislature of the State of Washington has, in RCW 36.70A.060, mandated local governments who plan under 36.70A.040 to adopt development regulations to ensure the conservation and agricultural, forest and mineral lands and to adopt development regulations precluding land uses or development that is incompatible with critical areas designated under RCW 36.70A.170. (Ord. 2134, 11/11/03; Ord. 1532, 1992) Findings of Fact: A. Growth management, resource land conservation, and critical areas protection share problems related to governmental costs and efficiency. B. Sprawl and the unwise development of resource lands or critical areas susceptible to natural hazards may lead to inefficient use of limited public resources, jeopardize environmental resource functions and values, subject persons and property to unsafe conditions, and affect the perceived quality of life. C. The cost to remedy the loss of resource lands or critical areas is greater than conserving and protecting them from loss or degradation. D. The inherent economic, social and cultural values of resource lands and critical areas should be considered in the development of strategies designed to conserve and protect such lands. E. This ordinance implements the goals and policies of the Resource Lands and Critical Areas Element of the Comprehensive Plan. (Ord. 2134, 11/11/03; Ord. 1532, 1992) Purpose: It is the purpose of this ordinance to promote the public, health, safety, and general welfare in areas associated with specific resource lands and critical areas. It is further intended to promote the conservation of resource lands and promote the enhancement and preservation of critical areas by avoiding or minimizing adverse impacts from construction and development. This ordinance shall also implement the goals and policies of the State of Washington Growth 2 (12/10)

2 CHAPTER CLASSIFICATION AND DESIGNATION OF RESOURCE LANDS AND CRITICAL AREAS AND REGULATIONS FOR THE CONSERVATION AND PROTECTION OF RESOURCE LANDS AND CRITICAL AREAS Goals: Management Act(s) of 1990 and 1991 through the classification and designation of resource lands and critical areas and the development and implementation of regulations to conserve resource lands and protect critical areas in the public's interest and welfare. It is not the intent of this ordinance to deny a reasonable use of private property, but to assure that development on or near resource lands or critical areas is accomplished in a manner that is environmentally sensitive to the resources of the community. (Ord. 2134, 11/11/03; Ord. 1532, 1992) A. Classify and designate critical areas and resource lands. B. Conserve the inherent economic, social, and cultural values of resource lands. C. Protect environmentally sensitive critical areas and the functions they perform. D. Protect aquifer recharge areas. E. Preserve natural forms of flood and stormwater control. F. Protect human life and health from damage due to geologically hazardous areas. G. Protect and maintain fish and wildlife habitat conservation areas for rare, threatened or endangered species. H. Develop appropriate regulatory and non-regulatory options and strategies. (Ord. 2134, 11/11/03; Ord. 1532, 1992) Definitions: A. Agricultural Lands - lands that are not already characterized by urban growth and are of longterm commercial significance for the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products, or of berries, grain, hay, straw, turf, seed, livestock, and Christmas trees not subject to excise tax. B. Aquifer Recharge Areas - areas which serve as critical groundwater recharge areas and which are highly vulnerable to contamination from intensive land uses within these areas. C. Building Setback Line - means the distance beyond which the footprint or foundation of the building or structure shall not extend. D. City - means the City of Moses Lake, Washington, a municipal corporation. E. Contaminant - means any chemical, physical, biological, or radiological material that is not naturally occurring and is introduced into the environment by human action, accident, or negligence. F. Commercial Significance, Long-Term - means the growing capacity, productivity, and soil composition of the land for long-term commercial production, in consideration with the land's proximity to population areas, and the possibility of more intense use of the land. G. Critical Areas - an area or combination of areas which include wetlands, aquifer recharge areas, frequently flooded areas, geologically hazardous areas, and fish and wildlife habitat conservation areas 3 (6/09)

3 CHAPTER CLASSIFICATION AND DESIGNATION OF RESOURCE LANDS AND CRITICAL AREAS AND REGULATIONS FOR THE CONSERVATION AND PROTECTION OF RESOURCE LANDS AND CRITICAL AREAS H. Data Maps - means a series of maps that are maintained by the Community Development Department for the purpose of graphically depicting the boundaries of resource lands and critical areas. I. Erosion Hazard Areas - areas which are vulnerable to erosion due to natural characteristics including vegetative cover, soil texture, slope gradient, or which have been induced by human activity. Areas which have been rated as severe or very severe for building site development on slopes by the United States Department of Agriculture Soil Conservation Service Soil Survey for Grant County (Jan. 1984) are included within this definition. J. Fish and Wildlife Habitat Areas - areas which, in a natural state, serve as an important habitat for locally important species, including, but not limited to, riparian ecosystems, naturally occurring ponds under twenty (20) acres; or areas in which rare, threatened, or endangered species have a primary association. K. Frequently Flooded Areas - areas within the City of Moses Lake which are determined to be at risk of having one percent (1%) or greater chance of experiencing a flood in any one (1) year, with those areas defined and identified on the Federal Emergency Management Administration (FEMA) Flood Insurance Rate Maps for the City of Moses Lake. L. Geologically Hazardous Areas - areas designated within the City of Moses Lake which are not suited for siting commercial, residential, or industrial development because of their susceptibility to erosion, sliding, earthquake, or other geological events. These areas shall include erosion hazard areas, landslide hazard areas, and seismic hazard areas. M. Habitat Management Plan - means a report prepared by a qualified wildlife biologist for the management of fish and wildlife habitat areas. N. Hazardous Substance - means any material that exhibits any of the characteristics or criteria of hazardous waste, inclusive of waste oil and petroleum products, and which further meets the definitions of "hazardous waste" pursuant to WAC O. Hillsides - geologic features with slopes of fifteen percent (15%) or greater. P. Landslide Hazard Areas - areas which are susceptible to risk of mass movement due to a combination of geologic, topographic, and hydrologic factors. Q. Mineral Lands - lands that are not already characterized by urban growth and are of long-term commercial significance for the extraction of aggregate and mine resources, including sand, gravel, and valuable metallic substances. R. Seismic Hazard Areas - areas which are susceptible to severe damage from earthquakes as a result of ground shaking, slope failure, settlement, or soil liquefaction. S. Species of Local Importance - means a species of animal which are of local concern due to their population status or their sensitivity to habitat manipulation. This term also includes game species. T. Slope - means an inclined ground surface, the inclination of which is expressed as a ratio or percentage. The percentage is determined by the following formula: V (Vertical Distance)/H (Horizontal Distance) x 100 = Slope % 4 (6/09)

4 CHAPTER CLASSIFICATION AND DESIGNATION OF RESOURCE LANDS AND CRITICAL AREAS AND REGULATIONS FOR THE CONSERVATION AND PROTECTION OF RESOURCE LANDS AND CRITICAL AREAS U. Wildlife Biologist - means a person having a minimum of a Bachelor's degree in wildlife biology, wildlife science, wildlife ecology, wildlife management, or zoology. (Ord. 2481, 6/23/09; Ord. 2134, 11/11/03; Ord. 1951, 5/9/00; Ord. 1532, 1992) Data Maps: The data maps maintained by the Community Development Department shall be utilized as a general guide to determine the location and extent of resource lands and critical areas within the city limits. The data maps shall be consulted when a development application is received to determine if the site is within any areas shown as resource lands or critical areas. It shall be the responsibility of the applicant to notify the city of any resource lands or critical areas which are on or near the site of the development application. The exact location of resource lands and critical areas shall be determined by a site analysis conducted by a qualified professional using the requirements found within this chapter. (Ord. 2134, 11/11/03; Ord. 1951, 5/9/00; Ord. 1532, 1992) Interpretation of Data Maps: The Community Development Director is charged with the administration of the City of Moses Lake Zoning Ordinance for the purpose of interpreting data maps. An affected property owner or other party with standing has a right to appeal the Community Development Director's determination to the Planning Commission. All development applications are required to show the boundary(s) of all resource lands and critical areas on a scaled drawing prior to the development application being considered complete for processing purposes. (Ord. 2481, 6/23/09; Ord. 2134, 11/11/03; Ord. 1532, 1992) Applicability: All development proposals located within resource lands or critical areas shall comply with the provisions of this chapter, including but not exclusive to: A. Building permit for any new construction B. Any shoreline management permit as authorized under RCW C. Site plan review D. Subdivision, short subdivision, planned unit development, or binding site plan E. Zoning variance or conditional use permit (Ord. 2134, 11/11/03; Ord. 1532, 1992) Site Analysis: When an application for development, permit, or license is received by the city, the application shall indicate whether any resource land or critical area is located on the site. The Community Development Director or the director's designee shall inspect the site and evaluate the information provided by the applicant. The Community Development Director or director's designee shall evaluate the proposal and make a determination if a site study analysis is required. If it is determined that a site study analysis is required, the Community Development Director shall notify the applicant in writing of the required study. A site study analysis shall include a comprehensive site inventory and analysis, a discussion of the potential impacts from the proposed development and specific measures or alternatives designed to mitigate any potential adverse impacts of the applicant's proposal on and off-site. (Ord. 2481, 6/23/09; Ord. 2134, 11/11/03; Ord. 1532, 1992) Appeals: Any decision of the Community Development Director in the administration of this chapter may be appealed to the Planning Commission. Such appeal shall be in writing and must be submitted to the city within ten (10) days from the date of the administrator's decision. (Ord. 2481, 6/23/09; Ord. 2134, 11/11/03; Ord. 1532, 1992) 5 (6/09)

5 Agricultural Lands: CITY OF MOSES LAKE MUNICIPAL CODE CHAPTER CLASSIFICATION AND DESIGNATION OF RESOURCE LANDS AND CRITICAL AREAS AND REGULATIONS FOR THE CONSERVATION AND PROTECTION OF RESOURCE LANDS AND CRITICAL AREAS A. General: Agricultural lands of long-term commercial significance are identified by the USDA Soil Conservation Service classification system of prime and unique farmlands soils. Prime and unique farmlands are defined as follows: 1. Prime Farmlands - lands with the best combination of physical characteristics for production and is available for these uses as determined by the USDA Soil Conservation Service. 2. Unique Farmlands - lands other than prime farmland that are used for the production of specific high value food and fiber crops as determined by the USDA Soil Conservation Service. B. Development Standards: Not applicable. In accordance with RCW 36.70A.170, the city does not have agricultural lands of long-term commercial significance. (Ord. 2134, 11/11/03; Ord. 1532, 1992) Forest Lands: A. General: Forest lands of long-term commercial significance are identified by the Washington State Department of Revenue land grades scheme (WAC ). B. Development Standards: Not applicable. In accordance with RCW 36.70A.170, the city does not have forest lands of long-term commercial significance. (Ord. 2134, 11/11/03; Ord. 1532, 1992) Mineral Lands: A. General: Mineral lands of long-term commercial significance are identified by the Washington State Department of Natural Resources (DNR) Division of Geology and Earth Resources mineral resource land classification system. B. Development Standards: Not applicable. In accordance with RCW 36.70A.170, the city does not have mineral lands of long-term commercial significance. (Ord. 2134, 11/11/03; Ord. 1532, 1992) Aquifer Recharge Areas: A. General: Discharge in to the groundwater of the city shall not contribute contaminants nor facilitate degradation of recharge areas. Development approvals shall ensure that all best management practices are employed to avoid contributing pollutants in to aquifer recharge areas. The requirement for a site analysis shall be based on detailed information on the following items: 1. Hydrogeologic susceptibility to contamination and contamination loading potential 2. Depth to groundwater 3. Hydraulic conductivity and gradient 4. Soil (texture, permeability, and containment attenuation) 6 (12/03)

6 CHAPTER CLASSIFICATION AND DESIGNATION OF RESOURCE LANDS AND CRITICAL AREAS AND REGULATIONS FOR THE CONSERVATION AND PROTECTION OF RESOURCE LANDS AND CRITICAL AREAS B. Development Standards: 1. A site analysis shall be utilized to determine the existing water quality for establishing a baseline which shall serve as a minimum standard that shall not be further degraded by proposed development. 2. Development approvals shall ensure that all best management practices are employed to avoid introducing pollutants into the aquifer. This includes the complete collection and disposal of storm water. C. Hydrogeologic Assessment Required: A hydrogeologic assessment shall be required for the following land uses: 1. Hazardous substance processing and handling 2. Hazardous waste treatment and storage facility 3. Wastewater treatment plant sludge disposal 4. Solid waste disposal facility D. Hydrogeologic Assessment Requirements: A hydrogeologic assessment shall be submitted by a firm, agent or individual with documentable environmental expertise. At a minimum, the following parameters shall be considered: 1. Documentable information sources 2. Geologic data pertinent to well logs or borings used to identify information 3. Ambient groundwater quality 4. Groundwater elevation 5. Recharge potential of facility site 6. Current data on wells and any springs located within one thousand feet (1,000') of the facility 7. Surface water location and potential recharge 8. Water supply source for the facility 9. Analysis and discussion of the affects of the proposed project on the groundwater resource E. Findings and Consideration of Approval: A hydrogeologic assessment must demonstrate that the proposed use does not present a threat of contamination to the aquifer system. Successful demonstration of these findings warrants approval under this section. (Ord. 2134, 11/11/03; Ord. 1532, 1992) Frequently Flooded Areas: A. General: Areas which are prone to flooding and are identified in a report conducted for the city by the Federal Emergency Management Administration dated January 5, 1989 and are identified on the Flood Insurance Rate Maps shall be subject to the requirements of this section. 7 (12/03)

7 CHAPTER CLASSIFICATION AND DESIGNATION OF RESOURCE LANDS AND CRITICAL AREAS AND REGULATIONS FOR THE CONSERVATION AND PROTECTION OF RESOURCE LANDS AND CRITICAL AREAS B. Development Standards: All development within flood hazard areas shall be subject to the requirements of the city municipal code, Chapter Flood Hazard Areas. (Ord. 2134, 11/11/03; Ord. 1532, 1929) Geologically Hazardous Areas: A. General: Geologically hazardous areas are areas that are susceptible to erosion, sliding, earthquake, or other geological events and pose a threat to the public health, safety, and welfare. The siting of residential, commercial, or industrial development within these areas is a potential hazard. These areas include steep slopes, landslide-erosion hazard areas, and seismic hazard areas B. Development Standards: 1. Applications for development activity within designated hillsides of fifteen percent (15%) slope and greater shall be accompanied by a geotechnical report prepared by a geologist or geotechnical engineer licensed as a Civil Engineer with the State of Washington. 2. Applications for development activity within designated landslide or erosion hazard areas shall be accompanied by a geotechnical report prepared by a geologist or geotechnical engineer licensed as a Civil Engineer with the State of Washington. 3. Applications for development activity proposed within designated seismic hazard areas shall be accompanied by a geotechnical report prepared by a geologist or geotechnical engineer licensed as a Civil Engineer with the State of Washington. C. Geotechnical Report Requirements: A geotechnical report required under this section shall include, at a minimum, the following information: 1. Topographic maps at a minimum scale of 1:2400 (1 inch = 200 feet). Slope ranges shall be clearly delineated in increments of 15-25%, 25-40%, and 40% or greater. 2. Site history, including description of prior grading and clearing, soil instability, or slope failure. If a valid geotechnical report has been prepared within the previous two (2) years for a specific site and the proposed land-use development and site conditions have not changed, the report may be utilized without the requirement for a new geotechnical report. D. Geotechnical Report Assessment: If it is satisfactorily demonstrated within the geotechnical report that hillsides of fifteen percent (15%) slope or greater, landslide and erosion hazard areas, and or seismic hazard areas do not exist on the site, the requirements of this section shall be waived. If it is determined within the geotechnical report that a potential threat to public health, safety, and welfare exists from development of the site, then the applicant shall prepare a geologic hazard plan. E. Geologic Hazard Plan: The geologic hazard plan shall include discussion of the potential impacts from the proposed development and specific measures or alternatives designed to mitigate any potential adverse impacts of the applicant's proposal on and off-site. The Planning Commission shall review the geologic hazard plan and make a determination if the development proposal warrants approval, conditional approval, or denial. The Planning Commission shall consider the following areas in their determination: 1. Percentage of site proposed to be disturbed by development 8 (12/03)

8 CHAPTER CLASSIFICATION AND DESIGNATION OF RESOURCE LANDS AND CRITICAL AREAS AND REGULATIONS FOR THE CONSERVATION AND PROTECTION OF RESOURCE LANDS AND CRITICAL AREAS 2. Location of development on site 3. Design proposed for the development 4. Construction type proposed for the development (Ord. 2134, 11/11/03; Ord. 1532, 1992) Fish and Wildlife Habitat Areas: A. General: Fish and wildlife habitat areas are those areas identified as being of critical importance in the maintenance and preservation of fish, wildlife, and natural vegetation. Areas which are identified or classified as fish and wildlife habitat areas shall be subject to the requirements of this section. Fish and wildlife habitat areas are identified as follows: 1. Areas with which federal or state endangered, threatened, and sensitive species of fish, wildlife, and plants have a primary association and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term. 2. Habitats and species of local importance, including areas with state listed monitor or candidate species or federally listed candidate species have a primary association and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term. 3. Naturally occurring ponds under twenty (20) acres and their submerged aquatic beds that provide fish or wildlife habitat. 4. Lakes, ponds, and streams planted with game fish by a governmental agency. 5. State natural area preserves and natural resource conservation areas. B. Development Standards: For all regulated activity proposed on a site which contains or is within three hundred feet (300) of fish and wildlife habitat, a habitat assessment shall be required and shall be prepared by a professional wildlife biologist. The habitat assessment shall include, at a minimum, the following: 1. An analysis and discussion of species or habitats known or suspected to be located on the development site and or within the habitat ecosystem. 2. A site plan which clearly delineates the critical fish and wildlife habitats found. C. Habitat Assessment Review: A habitat assessment review shall be forwarded for review and comment to agencies with expertise or jurisdiction on the proposal, including, but not limited to: 1. Washington Department of Wildlife 2. Washington Department of Fisheries 3. Washington Department of Natural Resources 4. U.S. Fish and Wildlife Service Comments received from review agencies within forty-five (45) days of the submittal of the assessment shall be considered by the Community Development Department. If it is determined, based upon the comments received, that critical fish and wildlife habitat does not occur on or within three hundred feet (300') of the site, the development may proceed without 9 (6/09)

9 CHAPTER CLASSIFICATION AND DESIGNATION OF RESOURCE LANDS AND CRITICAL AREAS AND REGULATIONS FOR THE CONSERVATION AND PROTECTION OF RESOURCE LANDS AND CRITICAL AREAS any additional requirements under this section. If it is determined that a critical fish and wildlife habitat occurs on or within three hundred feet (300') of the site, a habitat management plan shall be prepared. D. Habitat Management Plan: Habitat management plans required under this section shall be prepared by a professional wildlife biologist. The habitat management plan shall include, at a minimum, the following: 1. Analysis and discussion on the project's effects on critical fish and wildlife habitat. 2. An assessment and discussion on special management recommendations which have been developed for species or habitat located on the site by any federal or state agency. 3. Proposed mitigation measures which could minimize or avoid impacts. 4. Assessment and evaluation of the effectiveness of mitigation measures proposed. Upon review of the habitat management plan by appropriate federal and state agencies, comments received from the agencies within forty-five (45) days of the submittal of the proposed plan shall be considered by the city and, if mitigation is recommended, may be incorporated into conditions of project approval. If it is determined, based on the comments received, that a project or proposal will result in the net loss of critical fish and wildlife species, the project or proposal may be denied. E. Habitat Management Plan Review: The Planning Commission shall discuss the potential impacts from the proposed development and specific measures or alternatives designed to mitigate any potential adverse impacts of the applicant's proposal on and off-site. The Planning Commission shall review the habitat management plan and make a determination if the development proposal warrants approval, conditional approval, or denial. F. Buffer Requirements: The Planning Commission, upon the review of the habitat management plan, shall require buffer areas based upon the habitat management plan. The buffer areas by the Planning Commission would serve to mitigate impacts to critical fish and wildlife habitat areas. (Ord. 2481, 6/23/09; Ord. 2134, 11/11/03; Ord. 1532, 1992) Existing Structures and Developments: Lawfully existing structures built prior to the adoption of this ordinance shall be exempt from the terms of this ordinance. Developments/subdivisions previously approved prior to the adoption of this ordinance and the request for building permits on lots in these developments/subdivisions shall need no additional review as required by this ordinance for a period of five (5) years after the passage of this ordinance. Developments/subdivisions approved after the adoption of this ordinance and the request for building permits on lots in these developments/subdivisions shall need no additional review as required by this ordinance for a period of five (5) years after the approval of the development/subdivisions. Requests for building permits on property which is unplatted shall require a review under the terms of this ordinance. (Ord. 2134, 11/11/03; Ord. 1553, 1993; Ord. 1532, 1992) Warning and Disclaimer of Liability: This ordinance does not imply that land outside resource lands and critical areas or activities that are permitted within such areas will be free from exposure or damage resulting from catastrophic natural disasters which can, and will, occur on rare occasions. This ordinance shall not impose or create any liability on the part of the City of Moses Lake, elected or appointed officials, and or employees thereof, for any damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. (Ord. 2134, 11/11/03; Ord. 1532, 1992) Reasonable Use Exception to Allow for Reasonable Economic Use: 10-1 (12/10)

10 CHAPTER CLASSIFICATION AND DESIGNATION OF RESOURCE LANDS AND CRITICAL AREAS AND REGULATIONS FOR THE CONSERVATION AND PROTECTION OF RESOURCE LANDS AND CRITICAL AREAS A. If the application of this chapter will prevent any reasonable economic use of the owner s property, then the applicant may apply to the Community Development Department for an exception from the requirements of this chapter. The request for an exception may be applied for in accordance with the provisions of Chapter entitled Consolidated Application Process B. The Community Development Director shall forward the application, along with the record submitted to the City and the Director s recommendation, to the Hearing Examiner for a decision. C. The Hearing Examiner shall grant an exception only if: 1. Application of the requirements of this chapter will deny all reasonable economic use of the property. 2. There is no other reasonable economic use with less impact on the sensitive area. 3. The proposed development does not pose an unreasonable threat to the public health, safety, or welfare on or off the proposed site, and is consistent with the general purposes of this chapter and the Comprehensive Plan. 4. Any alteration is the minimum necessary to allow for reasonable economic use of the property. D. The Hearing Examiner shall grant an exemption from the requirements of this chapter only to the minimum necessary extent to allow for reasonable economic use of the applicant s property. E. the Hearing Examiner shall condition any exception from the requirements of this chapter upon conditions recommended by the City and upon compliance with any mitigation plan approved by the City. (Ord. 2575, 7/27/10) 10-1 (12/10)