HomeMy WebLinkAboutO-1928 - Sensitive areas management (Repealed by 2131),.
CITYOF j\.L-\RYSVILLE
Marysville,Washington
ORDINANCE NO.19c1g
AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON ADOPTING
Il\.TTERIM REGULATIONS,MANAGEMENT STAND.-\RDS AND CRITERIA FOR
SENSITIVEAREAS
CHAPTER1. GENERAL INTRODUCTlON
SECTION 1.1 GENER-\L PURPOSE AND Il\.TTENT
A: The City of Marysville finds that sensitive areas perform many important biological
and physical functions that benefit the City of Marysville and its residents.
Specifically the functions they perform include but are not limited to the following
by type:(1)Wetlands:helping to maintain water quality;storing and conveying
storm water and floodwater;recharging groundwater;providing important fish
and wildlife habitat;and serving as areas for recreation,education and scientific
study and aesthetic appreciation;and (2) Fish and wildlife habitat areas:
maintaining species diversity and genetic diversity;providing opportunities for
food, cover,nesting,breeding and movement for fish and wildlife;serving as areas
for recreation,education,and scientific study and aesthetic appreciation;helping to
maintain air and water quality;controlling erosion;and providing neighborhood
separation and visual diversity \...rithin urban areas. In addition,certain portions of
the City of Marysville 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 tile environment of the City of Marysville.These lands are affected by
natural processes that make them susceptible to landslides,seismic activity and
severe erosion.Protection of sensitive areas and regulation of geologic hazards are,
therefore,necessary to protect the public health,safety and general welfare.
B. These regulations of City of Marysville Sensitive Areas Ordinance contains
standards,guidelines,criteria and requirements intended to identify,analyze and
mitigate potential impacts to the City of Marysville's sensitive areas and geologic
hazard areas and to enhance and restore them where possible.The intent of these
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regulations is to avoid impacts where such avoidance is feasible and reasonable.In
appropriate circumstances,impacts to sensitive areas and geologic hazard areas
resulting from regulated activities may be minimized,rectified,reduced or
compensated for,consistent with the requirements of these regulations.The City of
Marysville's overall goal shall be to protect significant wetlands in terms of function
and value;and to avoid impacts to the extent practical on fish and wildlife habitat
and within geographic hazard areas.
C.It is the further intent of these regulations to:
1.implement the goals and policies of the City of Marysville Comprehensive Plan,
including those pertaining to natural features and environmental protection;
aesthetics and community character;providing adequate housing and
infrastructure;providing opportunities for economic development;creating a
balanced transportation system;ensuring adequate public facilities;and
achieving a mix of land use types and densities consistent with the City of
Marysville's land use plan;
2.serve as a basis for exercise of the City of Marvsville's substantive authoritv
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under the State Environmental Policy Act (SEPA)and the City of Marysville's
SEPA rules;
·3.comply with the requirements of the Growth Management Act (RCW 36.70A)
and its implementing rules;and
4.coordinate environmental review and permitting of proposals to avoid
duplication and delay.
D. The City of Marysville further finds that Snohomish County has identified and
mapped some portions of the City of Marysville -based on topographic,geologic,
hydrologic,and habitat characteristics -where the conditions indicate that sensitive
areas or geotechnical hazards are believed to exist.There is,however,a need for
additional study and mapping to verify that such conditions do, in fact,prevail and
to identify other areas that are potentially geologic hazards.Such mapping will
enable tile City of Marysville to provide notice to the public of the potential presence
of sensitive areas or the risks associated with developing lands subject to geologic
hazards.However,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.Where differences occur between what is illustrated on
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these maps and site conditions,the actual presence or absence of environmentally
sensitive areas or geologic hazard areas on the site shall control.
SECTION 1.2 GENERAL APPLICABILITY OF THESE REGULAnONS
A. The provisions of these regulations shall apply to any activity that potentially affects
sensitive areas or their established buffers unless otherwise exempt.
B. To avoid duplication,the following permits and approvals shall be subject to and
coordinated with the requirements of these regulations:clearing and grading;
subdivision or short subdivision;building permit;planned unit development;
shoreline substantial development;variance;conditional use permit;other permits
leading to the development or alteration ofland;and rezones and other non-project
actions if not combined with another development permit.
SECTION 1.3 GENERil.L RELATIONSHIP OF REGULATION OF ONE TYPE OF
SENSITNE ARE'\.PROTECTION TO OTHER REGUL'\.TIONS;
These regulations shall apply as an overlay and in addition to zoning,land use and
other regulations,including critical areas regulations,established by the City of
Marysville.
A.Areas characterized as a sensitive area may also be.subject to other regulations
established by this ordinance 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 ordinance.Also wetlands,for
example,maybe defined and regulated according to the wetland and habitat
management provisions of this ordinance.In the event of any conflict between
regulations for particular sensitive areas in this ordinance,those regulations which
provide greater protection to environmentally sensitive areas shall apply.
B.These sensitive area regulations shall apply as an overlay and in addition to zoning,
land use,and other regulations established by the City of Marysville.In the event of
any conflict between these regulations and any other regulations of the City of
Marysville,the regulations which provide greater protection to environmentally
sensitive areas shall apply.
CHAPTER 2.WETLANDS
SECTION 2.1 WETLAND DEFINITIONS;
For purposes of this chapter,the following definitions shall apply.
Anadromous Fis7r:Fish that ascend to rivers from the sea for breeding,including
salmons and trout.
Applicant:The person,party,firm,partnership,corporation,or other entity that
proposes any activity that could affect a wetland.
Artificially Created Wetland:Wetlands created through purposeful human action from
non-wetland sites,such as irrigation and drainage ditches,grass-lined swales,canals,
detention facilities,wastewater treatment facilities, farm ponds,and landscape
amenities.
Clearing:The removal of timber,brush,grass,ground cover or other vegetative matter
from a site which exposes the earth's surface of the site.
Creation:The producing or forming of a wetland through artificial means from an
upland (dry)site.
Department:The City of Marysville Planning Department
Earth/Earth Material:Naturally occurring rock, soil, stone,sediment,or combination
thereof.
Enhancement:The improvement of an existing viable wetland or buffer,such as by
increasing plant diversity,increasing wildlife habitat,installing environmentally-
compatible erosion controls,or removing non-indigenous plant or animal species.
Erosion:The wearing away of the earth's surface as a result of the movement of wind,
water,or ice.
Excavation:The mechanical removal of earth material.
Existing and Ongoing Agricultural Aetiz'ities:"Existing and ongoing agricultural
activities"includes those activities involved in the production of crops and livestock,
including but not limited to operation and maintenance of farm and stock ponds or
drainage and irrigation systems,changes between agricullural activities and uses,and
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normal operation,maintenance,repair,or reconstruction of existing serviceable
structures,facilities or improved areas.Activities which bring an area into agricultural
use are not part of an ongoing activity.'An operation ceases to be ongoing when the
area on which it was conducted is proposed for conversion to a non-agricultural use or
has lain idle for a period of longer than five years,unless the idle land is registered in a
federal;or state soils conservation program.Forest practices are not included in this
definition.
Federal Manual,or Federal Methodology:The methodology for identifying wetlands in the
field as described in the Corps of Engineers Wetlands Delineation Manual (January,.
1987).
Fill/FilllVIaten'al:A deposi t of earth material placed by human or mechanical (machine)
means.
Filling:The act of transporting or placing (by any manner or mechanism)fill material
from,to, or on any soil surface,sediment surface,or other fill material.
Grading:Any excavating,filling,clearing,leveling,or contouring of the ground surface
by human or mechanical means.
In-Kind Mitigation:Replacement of wetlands with substitute wetlands whose
characteristics closely approximate those destroyed or degraded by a regulated activity.
LcroO Impact Land Use:Land uses which are typically associated with relatively low
.levels of human activity,disturbance or development and low wetland habitat impacts.
Low intensity land uses may include,but are not limited to,passive recreation,open
space,or agricultural land uses that do not create a significant potential for wetlands
impacts.
Mitigation:"Mitigation"includes:
A.Avoiding the impact altogether by not taking a certain action or parts of actions.
B.Minimizing impacts by limiting the degree or magnitude of the action and its
implementation.
C.Rectifying the impact by repairing,rehabilitating,or restoring the affected
environment.
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D.Reducing or eliminating the impact over time by preservation and maintenance
operations during the life of the action.
E.Compensating for the impact by replacing or providing substitute resources or
environments.
While monitoring without additional actions is not considered mitigation for the
purposes of these regulations,it may be part of a comprehensive mitigation program.
Naiiue Vegetation:Vegetation existing on a site or plant species which are indigenous to
the area in question.
Out-cf-Kind Mitigation:Replacement of wetlands with substitute wetlands whose
characteristics do not closely approximate those destroyed or degraded by a regulated
activity.
Permanent Erosion Control:Continuous on-site and off-site control measures that are
needed to control conveyance or deposition of earth,turbidity or pollutants after
development,construction,or restoration.
Qualified Consultant:For the purposes of these regulations,qualified consultant shall
mean a professionally trained or certified wetlands biologist or wetlands ecologist.See
Section 5.3for more information.
Regulated Acti,'ity:Activities occurring in,near,or potentially affecting a wetland or
wetland buffer that are subject to the provisions of this chapter.Regulated activities
generally include but are not limited to any filling,dredging,dumping or stockpiling,
draining,excavation.flooding,construction or reconstruction,driving pilings,
obstructing,shading,clearing or harvesting.
Restoration:The reestablishment of a viable wetland from a previously filled or
degraded wetland site.
Site:Any parcel or combination of contiguous parcels where the proposed project
impacts a wetland(s).
Slope:An inclined earth surface,the inclination of which is expressed as the ratio of
horizontal distance to vertical distance.
Substrate:The soil,sediment,decomposing organic matter or combination of those
located on the bottom surface of the wetland.
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TemporalY Erosion Control:On-site and off-site control measures that are needed to
control conveyance or deposition of earth,turbidity or pollutants during development,
construction,or restoration.
lA/etland:."Wetland" or "wetlands"means areas that are inundated or saturated by
surface Water or ground water at a frequency and duration sufficient to support and
that under normal.circumstances do support,a prevalence of vegetation typically
adapted for life in saturated soil conditions.Wetlands generally include swamps,
marshes,bogs,and similar areas.Wetlands do not include those artificial wetlands
intentionally created from non-wetland sites,including but not limited to,irrigation and
drainage ditches,grass-lined swales,canals,detention facilities,wastewater treatment
facilities, farm ponds,and landscape amenities.However,wetlands include those
artificial wetlands intentionally created to mitigate conversion of wetlands.See the
Federal Manual for Identifying and Delineating Jurisdictional Wetlands (January,1987)
for more information.
Wetland Area Maps:The Wetlands Areas Maps prepared for Snohomish County
Tomorrow.Iuly,1991,and associated reports.The maps are adopted by the City of
Marysville and indicate the potential presence of wetlands.
Wetland Buffer Area:A naturallv vegetated and undisturbed,enhanced or revegetatedu·..•
zone surrounding a natural,restored or newly created wetland that is an integral part of
a wetland ecosystem,and protects a wetland from adverse impacts to the integrity and
value of awetland.Wetiand buffers serve to moderate runoff volume and flow rates;
.reduce sediment,chemical nutrient and toxic pollutants;provide shading to maintain
desirable water temperatures;provide habitat for wildlife;and protect wetland
resources from harmful intrusion.
Wetland Class:The Ll.S.Fish and Wildlife Service wetland classification scheme uses an
hierarchy of systems,subsystems,classes and subclasses to describe wetland categories
(refer to USFWS,December 1979,Classification of Wetlands and Deep water Habitats of
the United States for a complete explanation of the wetland classification scheme).
Eleven class names are used to describe wetland and deep water habitat types.These
include:forested wetland,scrub-shrub wetland,emergent wetland,moss-lichen
wetland,unconsolidated shore,aquatic bed,unconsolidated bottom,rock bottom,rocky
shore,stream bed,and reef.
Wetland Delineation:The delineation requires the actual flagging or staking in the field
of the edges of the wetland bv a biologist or their representative.
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Wetland Determination:A report prepared by a qualified consultant that identifies,
characterizes and analyzes potential impacts to wetlands consistent with applicable
provisions of these regulations.A determination does not include a formal delineation.
SECfION 2.2 APPLICABILITYTO VVETLANDS
A.See Section 1.2for General Applicability.
B.Non-project actions,such as rezones shall be required to perform a wetland
determination as defined by these regulations.
SECfION 2.3 REGULATED WETLAl\.TDS
Regulated Wetlands are wetlands;as defined in these regulations,that meet certain
minimum size requirements to be regulated by these regulations.The following are
considered regulated wetlands for the purposes of these regulations:
A. All Category I, II,and III wetlands;and
B.Category IV wetlands greater than 1 acre.
SECfION 2.4 REGULATED ACfI\TIIES 1'\!WETL-'\.NDS
The following activities within a wetland and its associated buffer,or outside a wetland
or buffer but potentially effecting the wetland or buffer,shall be regulated pursuant to
the standards of this chapter:
A.removing,excavating,disturbing or dredging soil,sand,gravel,minerals,
organic matter or materials of any kind;
B.dumping,discharging or filling with any material;
C.draining,flooding or disturbing the water level or water table;
D.driving piling or placing obstructions;
E.constructing,reconstructing,demolishing or altering the size of any structure or
infrastructure;
F.construction of any on-site sewage disposal system,or other underground
facilities,except exempted activities.
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G.destroying or altering vegetation through clearing,harvesting,shading or
planting vegetation that would alter the character of a wetland;
H.activities that result in significant changes in water temperature,physical or
chemical characteristics of wetland water sources,including quantity and
pollutants;and
1.any other activity potentially affecting a wetland or wetland buffer not otherwise
exempt from tile provisions of this chapter.
SECTION2.5 EXEMPTIONS TO WETLAND REGULATIONS
A. SeeSection 5.1 for general exemptions to all sensitive areas.
B.The following activities shall be exempt from the provisions of this chapter related to
wetlands provided they are conducted using best management practices on
wetlands:
1.activities involving artificially created wetlands intentionally created from non-
wetland sites,including but not limited to grass-lined swales,irrigation and
drainage ditches,detention facilities,and landscape features,except wetlands
created as mitigation;and
2.activities affecting Category IV wetlands individually or cumulatively smaller
than 1acre.
C.Notwithstanding the exemption provided by Section 5.1 and by this chapter,any
otherwise exempt activities occurring in or near wetlands shall comply with the
intent of these standards and shall consider on-site alternatives that avoid or
minimize potential wetland impacts.
SECTION 2.6 Vv'ETLAND IN"VENTORY }.fAPS;
The approximate location and extent of wetlands within the City of Marysville's
planning area are shown on the sensitive areas maps adopted as part of this chapter.
These maps shall be used as a general guide only for the assistance of property owners
and the public;boundaries are generalized.The actual category,extent and boundaries
of wetlands shall be determined in the field by a qualified consultant according to the
procedures,definitions and criteria established by this ordinance.In the event of any
conflict between the wetland location or designation shown on the Snohomish County
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'Tomorrow Wetlands Areas maps and the criteria or standards of this ordinance,tile
criteria and standards resulting from the.field investigation shall control.
SECTION 2.7 RATING OF WETLANDS
Wetlands shall be designated Category I,Category II,Category ill,or Category IV
according to tile criteria in this section.
A."Category I Wetlands"are those wetlands which meet any of the following criteria:
1. the documented presence of species proposed or listed by the federal
government or State of Washington as endangered or threatened;
'2.sites that are documented or qualify as Natural Heritage wetlands sites,or high
quality native wetland communities where significant functional values have not
been altered (e.g. soils,hydrology,vegetation),and are not predominantly
characterized by non-native plant species;
3.high quality,regionally rare wetland communities with irreplaceable ecological
functions,including sphagnum bogs and fens, kelp,and eel grass beds,estuarine
wetlands,or coniferous forested wetlands occurring on organic soils;or
4.wetlands which:
a. are greater than or equal to five (5)acres in size;
b.have three or more wetland classes;and
c.have an open water component.
B."Category II Wetlands"are those wetlands which are not Category I wetlands and
meet any of the following cri teria:
1.documented habitat for listed or candidate sensitive or priority species of plants,
fish or wildlife recognized by applicable federal or state agencies.{Areas are
documented with reference to lists,categories and definitions of species
promulgated by the Washington Department of Wildlife (Non-Game Data
System Special Animal Species)as identified in WAC 232-12-011 or 232-12-014
and in the Priority Habitat Species lists compiled in compliance with WAC 365-
190-080;or by rules and regulations adopted currently or hereafter by the U.S.
Fish and Wildlife Service.Copies of which are available at the Planning
Department.);
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2.displaying significant functions and values that may not be adequately replicated
through creation or restoration,including peat wetlands with significant
hydrologic modification,forested wetlands that are not mature,and estuarine
wetlands and kelp beds that do not satisfy the criteria for Category I; or
3.wetlands one acre or greater in size with either 40 percent to 60 percent open
water in dispersed patches,or wetlands classified as forested.
C~"Category III Wetlands"are those wetlands that do not satisfy the criteria of
Category I,II or IV.
D."Category IV Wetlands"are those wetlands that do not satisfy criteria for Category I,
.II or III wetlands,are hydrologically isolated (i.e., not associated with other surface
water),and are either one acre or less in area with a single class of vegetation 80
percentor more of which is a single native species,or two acres or less in area with a
single class of vegetation 90 percent or more of which is a single native species.
SECTION 2.8 WETL\ND BUFFERAREAS;
A. The establishmentof wetland buffer areas shall be required for all development
proposals and activities adjacent to wetlands to protect the integrity,function and
value of the wetland.Buffers shall consist of an undisturbed area of native
vegetation established to protect the functions and values of the wetland.Buffers
shall be determined in conjunction with considerations of wetland category and
quality,approved wetland alterations and required mitigation measures.Buffers are
not intended to be established or to function independently of tile wetland they are
established to protect;the establishment of a buffer shall not operate to prevent a
use or activity that would otherwise be permitted in tile wetland subject to
mitigation.
B. Buffers shall be measured from the wetland edge as delineated and marked in the
field using the Federal Methodology.Required buffer widths shall reflect the
sensitivity of the wetland and its category and intensity of human activity proposed
to be conducted near the wetland.
C.The following buffer widths are established:
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WETIAND CATEGORY BUFFER WIDTH
Category I,including Ebey Slough:except 100 feet
in the following location
North and south shore of Ebey Slough 25 feet
between the western city limits,at
approximately 1-5,and 47th Ave.NE
Category II 60 feet
Category III 40 feet
Category IV 25 feet
D.Buffer widths may be modified by averaging buffer widths or by enhancing buffer
quality as set forth herein.
1.Buffer width averaging shall be allowed only where the applicant demonstrates
to the PlanningDepartment that the wetland contains variations in sensitivity
due to existing physical characteristics,that lower intensity land uses would be
located adjacent to areas where buffer width is reduced,that width averaging
will not adversely impact the wetland functional values,and that the total area
contained within the buffer after averaging is no less than that contained within
the standard buffer prior to averaging.
2.Buffer width may be reduced by up to 25 percent if an applicant undertakes
measures approved by the Planning Department to enhance the buffer,including
but notlimited to planting of native trees or shrubs,increasing the diversity of
plant cover types, or replacement of exotic species with native species.
3.Notwithstanding the reductions permitted in subparagraphs 1.and 2.above,
buffer widths shall not be reduced by more than 50 percent of the required buffer
or to less than 10 feet.
E.The buffer width stated in Paragraph C. of this section shall be increased not more
than 25 percent (Buffer width X 1.25)when the qualified consultant determines,
based upon a site specific wetland analysis,that impacts on the wetland from a
proposed development can only be mitigated by a greater buffer width.The
standard wetland buffer wid th shall be increased:
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1.when the wetland is used by anadromous fish,plant or animal species proposed
or listed by the federal government or State as endangered,threatened,rare,
candidate,sensitive or monitored;or has critical or outstanding potential habitat
for those species or has unusual nesting or resting sites such as heron rookeries
orraptor nesting trees,and the increased buffer is necessary to protect such"
habitat;or
2.when the adjacent land is susceptible to severe erosion and erosion control
measures will not effectively prevent adverse wetland impacts;or
3.when the standard buffer has minimal or degraded vegetative cover that cannot
be improved through enhancement;or
4.when the minimum buffer for a wetland extends into an area with a slope of
greater than 25 percent,the buffer shall be the greater of:
a. the minimum buffer for that particular wetland;or
b. 25 feet beyond the point where the slope becomes 25 percent or less.
F.Lowimpactuses andactivities which are consistent withthepurposeand function of the
wetlandbuffer and donot detract from its integrity maybe permitted within the buffer
depending on the sensitivity of the wetland.Examples of uses and activities which may be
permittedin appropriatecasesinclude pedestriantrails.viewingplatforms,storm water
managementfacilitiessuch as grass-lined swales, andutility lines.Usespermitted within
the buffershall attemptto locate in the outer portionof thebuffer asfar as possible from the
wetland.
G.Biofiltration swales may be located within wetland buffers only if they will have no
negative effect on the functions and purpose the buffer serves for the wetland.
H Required buffers shall not deny all reasonable use of property.A variance from
buffer width requirements may be granted by the Hearing Examiner for the City of
Marysville upon a showing by the applicant that:
1.there are special circumstances applicable to the subject property or to the
intended use such as shape,topography,location or surround ings that do not
apply generally to other properties and which support the granting of a variance
from the buffer width requirements;and
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2.such buffer width variance is necessary for the preservation and enjoyment of a
substantial property right or use possessed by other similarly situated property
but which because of special circumstances is denied to the property in question;
and
3.the granting of such buffer width variance will not be materially detrimental to
the public welfare or injurious to the property or improvement;and
4. the granting of the buffer width variance will not materially affect the subject
wetland.
SECTION 2.9 WETLAl\TD ALTERATION AND MITIGATION;
A. All adverse impacts to wetland functions and values shall be mitigated.Mitigation
actions by an applicant or property owner shall occur in the following priority
sequence:
1.Avoiding the impact altogether by not taking a certain action or parts of actions;
2.Minimizing impacts by limiting the degree or magnitude of the action and its
implemen tation;
3. Rectifying the impact by repairing,rehabilitating,or restoring the affected
environment;
4.Reducing or eliminating the impact over time by preservation and maintenance
operations during the life of the action;
5.Compensating for the impact by replacing or providing substitute resources or
environments.
B.Where impacts cannot be avoided,the applicant or property owner shall seek to
implement other appropriate mitigation actions in compliance with the intent,
standards and criteria of this section.These shall include consideration of
alternative site plans and building layouts or reductions in the density or scope of
the proposal.
C.Alteration of wetlands or their buffers may be permitted by the Planning
Department subject to the following criteria:
1.Category [Wetlands:
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Alterations of Category I wetlands shall be avoided,subject to the reasonable use
provisions of these regulatio ns.
2.Category II Wetlands:
a.Any proposed alteration and mitigation shall comply with the requirements
of Sections 2.9 through 2.12 of these regulations;and
b. No net loss of wetland function and value will occur due to the alteration.
3.Category III and N Wetlands:
a,The proposed mitigation complies with the requirements of Sections 2.9
through 2.13 of these regulations;and
b.Where enhancement is proposed,replacement ratios comply with the
requirements of Section 2.10.C of these regulations.
SECfION 2.10 WETLAND MITIGATION STANUARDS,CRITERL\AND PLAN
REQUIREMENTS;
A.Location and Timing of Mitigation.
1.Mitigation shall be provided on-site,except where on-site mitigation is not
scientifically feasible or practical due to physical features of the property.The
burden of proof shall be on the applicant to demonstrate that mitigation cannot
be provided on-site.
2.When mitigation cannot be provided on-site,mitigation shall be provided in the
immediate vicinity of and within the same watershed as the permitted activity on
property owned or controlled by the applicant where practical and beneficial to
the wetland resources,'''hen possible,this means within the same watershed as
the location of the proposed project.
3.In-kind mitigation shall be provided except when the applican t demonstrates
and the Planning Department concurs that greater functional and habitat value
can be achieved through out-of-kind mitigation.
4.Only when it is determined by the Planning Department that 1, 2, and 3 above
are inappropriate or impractical shall off-site,out-of-kind mitigation be
considered.
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5.Whether occurring on-site or off-site, the mitigation project shall occur near an
adequate water supply (river,stream,groundwater)with a hydrologic
connection to the wetland to ensure a successful wetlands development or
restoration.
6.Any agreed upon proposal shall be completed before initiation of other
permitted activities,unless a phased or concurrent schedule has been approved
by the Planning Department.
7.Wetland acreage replacement ratios shall be as specified in Subsection C.
B.Mitigation Performance Standards
1.Adverse impacts to wetland functions and values shall be mitigated.Mitigation
actions shall be implemented in the preferred sequence identified in Section
2.9.A.Proposals which include less preferred or compensatory mitigation shall
demonstrate that:
a. All feasible and reasonable measures will be taken to reduce impacts and
losses to the original wetland;
b.No .overall net loss will occur in wetland functions,values and acreage;and
c. The restored,created or enhanced wetland will be as persistent and
sustainable as the wetland it replaces,
C.Wetland Replacement Ratios
1.Where wetlands alterations are permitted by this ordinance,the applicant shall
restore or create equivalent areas of wetlands in order to compensate for wetland
losses.Equivalent areas shall be determined according to acreage,function,
category,location,timing factors,and projected success of restoration or creation,
2. The following acreage replacement ratios shall be used as targets.The Planning
Department may vary these standards if the applicant can demonstrate and the
Planning Department agrees that tile variation will provide adequate
compensation for lost wetland area,functions and values,or if other
circumstances as determ ined by the Planning Department justify the variation.
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Wetland System Wetland Creation,
Replacement,and
Enhancement
Category /Class Ratio (Acres)*
Category I No filling permitted
Category II
Forested 3:1
Scrub-shrub 1.5:1
Emergent 1.25:1
Category III 1.25:1
Catezorv IV 1:1I:>,
• Acres replaced or enhanced:acres altered
3. The qualified consultant in the wetlands report may,where feasible,recommend
that restored or created wetlands shall be a higher wetland category than the
altered wetland.
SECTION 2.11 WETLAND j\1ITIGATION PLAN REQUIREMENTS;
A.Where it is determined by the City that compensatory wetland mitigation is required
or appropriate,a mitigation plan shall be prepared.The purpose of the plan is to
prescribe mitigation to compensate for impacts to the wetland functions,values and
acreage as a result of the proposed action.This plan shall consider the chemical,
physical,and biological impacts on the wetland system using a recognized wetlands
assessment methodology and best professional judgment.The mitigation plan shall
be prepared in two phases - a conceptual phase and a detailed phase.
1.Conceptual Plan:Standards and Criteria.
The applicant shall prepare a conceptual mitigation plan for submission to the
Planning Department at a pre-mitigation conference.The conceptual mitigation
plan shall include:
a.General goals of the mitigation plan;
b.A review of alternative actions that would avoid or lessen the impacts on the
wetland;
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c.A review of literature or experience to date in restoring or creating the
category of wetland proposed;
d. Site topography following construction;
e.Location of proposed wetland compensation area;
f.General hydrologic patterns on the site following construction;
g.Nature of compensation,including wetland categories (in-kind and out-of-
kind),general plant selection and justification,approximate project
sequencing and schedule,and approximate size of the new wetland buffer;
h. A conceptual maintenance plan;and
i.Conceptual monitoring and contingency plan.
2.Detailed Plan:Standards and Criteria
Folloi v ing acceptance of the conceptual mitigation plan by the Planning
Department,the applicant will prepare a detailed mitigation plan.Each detailed
plan shall contain,at a minimum,the folloi ....ing seven components,and shall be
consistent with the standards in Sections 2.10 and 2.12:
a.A clear statement of the objectives of the mitigation.The goals of the
mitigation plan should be stated in terms of the new wetland functions and
values compared to the functions and values of the original wetland.
Objectives should include qualitative and quantitative standards for success
of the project,including:
hydrologic characteristics (water depths,water quality,
hydroperiod/hydrocycle characteristics,flood storage capacity);
vegetative characteristics (community types,species composition,density,
and spacing);
faunal characteristics;and
final topographic elevations.
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b. An ecological assessment of the wetlands values and wetland buffers that will
be lost as a result of the activities,and of the replacement wetlands and
buffers,induding but not limited to the following:
Acreage of project;
Existing functions and values;
Sizes of wetlands,wetland buffers,and areas to be altered;
Vegetative characteristics,including community type,area coverage,
species composition,and density;
Habitat type(s) to be enhanced,restored,or created;and
Dates for beginning and completion of mitigation project,and sequence of
construction activities.
c.A statement of the location,elevation,and hydrology of the new site,
including the following:
Relationship of tile project to tile watershed and existing water bodies;
Topography of site using one foot contour intervals;
Water level data,including depth and duration of seasonally high water
table;
Water flow patterns;
Grading,filling and excavation,including a description of imported soils;
Irrigation requirements,ifany;
\Vater pollution mitigation measures during construction;
Aerial coverage of planted areas to open water areas (if any open water is
to be present);and
Appropriate buffers.
d. A planting plan,describing what will be planted,and where and when the
planting will occur as follows:
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Soils and substrate characteristics;
Specify substrate stockpiling techniques;and
Planting instructions,including species,stock type and size,density or
spacing of plants,and water and nutrient requirements.
e. A monitoring and maintenance plan,consistent with Section 2.13.
Specify procedures for monitoring and site maintenance;and
Submit monitoring reports to the Planning Department.
f.A contingency plan,consistent with these regulations.
g.A detailed budget for implementation of the mitigation plan,including
monitoring,maintenance and contingency phases.
h. A guarantee,in the form of a bond or other security device in a form and
amount acceptable to the City Attorney,assuring that the work will be
performed as planned and approved,consistent with these regulations.
SEGION 2.12 PERFORMANCE STANDARDS FORWETLANDS :\HTIGATION
PMNNING;
A. The following performance standards shall be incorporated into mitigation plans
submitted to the City of Marysville:
1.use native plants (not introduced or foreign species);
2. use plants adaptable to a broad range of water depths;
3.plants should be commercially available or available from local sources;
4.plant species high in food and cover value for fish and wildlife;
5.plant mostly perennial species;
6.avoid committing significant areas ofsite to species that have questionable
potential for successful establishment;
7.plant selection must be approved by wetlands biologist/ecologist;
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8.water depth is notto exceed 6.5 feet (2 meters);
9. the grade or slope that water flows through the wetland is not to exceed 6
percent;
10.slopes within the wetland basin and the buffer zone should not be steeper than
3:1 (horizontal to vertical);
11. the substrate should consist of a minimum of one foot, in depth,of clean
(uncontaminated with chemicals,or solidi hazardous wastes)inorganic/organic
materials;
12.planting densities and placement of plants should be determined by the qualified
consultant and shown on the design plans;
13.the wetland (excluding the buffer area)should not contain more than 60 percent
open water as measured at the seasonal high water mark;
14.minimum buffer widths should extend 10-100feet from the wetland boundary;
15. the planting plan must be approved by the City's Planning Director or
consultant;
16.stockpiling should be confined to upland areas and contract specifications should
limit stockpile durations to less than four weeks;
17.planting instructions which describe proper placement,diversity,and spacing of
seeds,tubers,bulbs,rhizomes,sprigs,plugs,and transplanted stock;
18.apply controlled release fertilizer at the time of planting and afterward only as
plant conditions warrant (determined during the monitoring process)and with
consideration of run-off and a type that will minimize impacts beyond the area
intended;
19.install an irrigation system,if necessary,for initial establishment period as
determined by the Planning Director or their designated official;
20.buffers shall be surveyed,staked,and fenced prior to any construction work,
including grading and clearing,may take place on the site;
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21.temporary erosion and sedimentation controls,pursuant to an approved plan,
shall be implemented during construction;and
22.construction specifications and methods must be approved by a qualified
consultant and the Planning Department.
B.On completion of construction,the wetland mitigation project must be signed off to
indicate that the construction has been completed as planned,by the applicant's
qualified consultant and the Planning Department.
SECTION 2.13 WETLAND MONITORING PROGRAM &CONTINGENCY PLAN
A. A monitoring program shall be implemented to determine the success of the
mitigation project andany necessary corrective actions.This program shall
determine if the original goals and objectives are being met.
B. A contingency plan shall be established for compensation in the event that the
mitigation project is inadequate or fails, A performance and maintenance bond
or other acceptable security device is required to ensure the applicant's
compliance with the terms of the mitigation agreement.The amount of the
performance and maintenance bond shall equal 125 percent of the cost of the
mitigation project for a period of.'i years;the Planning Department may agree to
reduce the bondin phases in proportion to work successfully completed over the
period of the bond.
L during monitoring,use scientific proced ures for establishing the success or
failure of the project;
2.for vegetation determinations,permanent sampling points shall be established;
3.vegetative success equals 80 percent per year survival of planted trees and
shrubs and 80 percent per year cover of desirable understory or emergent
species;
4.submit monitoring reports on tile current status of the mitigation project to the
Planning Department.The reports are to be prepared by a qualified consultant
and reviewed by the City's consultant and should include monitoring
information on wildlife,vegetation,water quality,water flow,storm water
storage and conveyance,and existing or potential degradation,and shall be
produced on the following schedule:
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at time of construction
30 days after planting
early in the growing season of the first year
end of the growing season of first year
twice the second year,and
ann ually thereafter
5.monitor between three and five growing seasons,depending on the complexity
of the wetland system.The time period will be determined and specified in
writing prior to the implementation of the site plan;
6. if necessary,correct for failures in the mitigation project;
7.replace dead or undesirable vegetation with appropriate plantings,based on the
approved planting plan or Section 2.12of this chapter;
8.repair damages caused by erosion,settling,or other geomorphological processes;
9.redesign mitigation project (if necessary)and implement the new design;and
10.correction procedures shall be approved by a qualified consultant and the
Planning Department.
SECfION 2.14 OFF-SITE DENSITY TRANSFERS FOR l'\lETLAND AREAS
[SECfION HELD PE]\.TDING REVISIONS BY PLANNL"JG C01I!lnSSION A~'D
COUNCIL.]
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CHAPTER 3.FISH AND WILDLIFE HABITAT AREAS
SECTION 3.1 FISH AND WILDLIFE HABITAT DEFINITIONS;
For the purposes of this chapter,the following definitions shall apply:
Anadroinous Fish:Fish that ascend to rivers from the sea for breeding,including
salmons and trout.
Class I Stream:Streams inventoried as "Shorelines of the State"under the City's
Shoreline Master Program,pursuant to Section 90.58 R.C.W.
Class II Stream:Streams smaller than Class I streams that flow year around during
years of normal rainfall or those that are used by anadromous fish.
Class III Stream:Streams that are intermittent or ephemeral during years of normal
rainfall and are not used by anadromous fish.
Class IV Stream:Streams that are naturally occurring,intermittent swales.
Critical Habitat,or Criticalwildlife Habitat:Habitat areas associated with threatened,
endangered,sensitive,or priority species of plants,fish, or wildlife and which,if
altered,could reduce the likelihood that the species will maintain and reproduce over
the long term.Areas are documented with reference to lists,categories and definitions
of species promulgated by the Washington Department of Wildlife (Non-Came Data
System Special Animal Species) as identified in WAC 232"12-011 or 232-12-014 and in
the Priority Habitat Species lists compiled in compliance with WAC 365-190-080;or by
rules and regulations adopted currently or hereafter by the U.s. Fish and Wildlife
Service.(Copies of which are available at the Planning Department.)
Critical habitat also includes the following types of areas:
A.regionally rare native fish and wildlife habitat (i.e.one of five or felver examples of
the habitat type within the City of Marysville):
B.fish and wildlife areas with irreplaceable ecological functions,including the
following:
1.estuarine marshes meeting any of the following criteria:
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a. the area is listed as a National Wildlife Refuge,National Park,National
Estuary Reserve,Natural Area Preserve or any preserve or reserve designated
under WAC 332-30-151;
b. the total area is 5 acres or greater and contains at least 2 estuarine wetland
habitat classes; or
c. the total area is less than 5 acres and meets four of the following conditions:
i.area is greater than 1acre;
ii.contains at least 2 estuarine wetland classes;
iii,shows minimum evidence of human-caused physical alteration,such
as diking,filling,cultivating,etc.;
iv.contains a functional tidal channel(s)or is connected to a tidal stream;
vi.within a watershed that has few to moderate point or non point water
quality problems cited by the Department of Ecology;or
vii.land adjacent to more than 75 percent of the area's border is
agricultural or relatively undisturbed forest.
2,eelgrass and kelp beds (floating or nonfloating)with greater than 50 percent
macroalgal cover during August or September;
3.Category I wetlands as defined in Section 2.7of this ordinance;
4.documented commercial and recreational shellfish beds managed by the
Washington Department of Fisheries;
5. State Nature Area Preserves or Natural Resource Conservation Areas
identified by state law and managed by the Department of Natural Resources;
6.documented habitat or presence of threatened and endangered species;
7.documented habitat (If regional or national significance for migrating birds;
and
s.naturally occurring p()nd~;stocked with n.itivo oarnc fi",h by ~~o\'('rnrncnt;i r
tribal entities;and naturallv ()ccurring F"nnds of gr(;~·lkr than!acre <:Itld !c-->·;
26
than 20 acres in area,not more than 50 percent of which is covered by
emergent aquatic vegetation,shrubs or trees,and whose maximum depth
does not exceed 6.6 feet.
Enhancement:The improvement of existing habitat such as by increasing plant density
or structural diversity,or by removing non-indigenous or noxious species.
Exotic:Any species of plant or animal that is not indigenous to the area.
Fish Report:A report,prepared by a qualified consultant,that evaluates fish and
aquatic animal communities and fish functions and values on a site,consistent with the
format and requirements established by this ordinance.
Habitat l\1anagcment:Management of land to maintain species in suitable habitats
within their natural geographic distribution so that isolated subpopulations are not
created.This does not imply maintaining all habitat or individuals of all species in all
cases.
Habitat Map:The Fish and Wildlife Conservation Areas Maps prepared for Snohomish
County Tomorrow,July,1991,and associated reports.The maps are adopted by the
City of Marysville and indicate the potential presence of wildlife species.
Natire Fish:Fish existing on a site or fish species that are indigenous to the area in
question.
Natioe Vegetation:Vegetation existing on a site or plant species that are indigenous to
the area in question.
Ordinari:High 1,\T,lter 1\1arl.::That mark that will be found by examining the bed and
bands and ascertainingwhere the presence and action of waters are so common and
usual,and so long continued in all ordinary years,as to mark upon the soil a character
distinct from that of the abutting upland,in respect to vegetation as that condition
existed on June 1,1971,or as it may naturally change thereafter;provided that in any
area where the ordinary high water mark cannot be found pursuant to this definition,it
shall be the line of mean high water.
Prio,ity S,1"'t-i,'s.o!'Priorily Wildlij;'Speci,'s:Wildlife species of concern due to their
population status and sensitivity to habitat alteration,as identified by the \\'ashini~t,)n
Department of IVildlife.
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Qualified Consultant:For purposes of these regulations,qualified consultantshall mean
a professionally trained or certified wildlife or aquatic biologist,or ecologist or other
professional with expertise in the scientific disciplines necessary to identify,evaluate
and manage habitat.See Section 5.3 for more information.
Secondaru Habitat,Secondarq iVildlife Habitat:Areas with one or more of the following
attributes:comparatively high wildlife or fish density;high wildlife or fish species
richness;significant wildlife or fish breeding habitat;significant wildlife or fish
seasonal ranges;significant movement corridors;limited availability;high
vulnerability.Secondary habitat may offer less diversity of animal and plant species
than critical habitat,but is important for performing the essential functions of habitat.
Streams:Those areas Where surface waters flow sufficiently to produce a defined
channel orbed.A defined channel or bed is an area which demonstrates clear evidence
of the passage of water and includes but is not limited to bedrock channels,gravel beds,
sand and silt beds and defined-channel swales.The channel or bed need not contain
water year-round.This definition is not meant to include irrigation ditches,canals,
storm or surface water runoff devices or other entirely artificial watercourses unless
they are usedbyanadromous fish or used to convey streams naturally occurring prior
to construction.Streams are.further categorized as follows: Class I,II, III, or IV.
Structural Diversity:The relative degree of diversity or complexity of vegetation in a
habitat area as indicated by the stratification or layering of different plant communities
(e.g.ground cover,shrub layer and tree canopy);the variety of plant species;and the
spacing or pattern of vegetation.
S'U.ule:A shallow drainage conveyance with relatively gentle side slopes,generally
with flow depths less than one foot.
Tertiary Habitat:Habitat which,while supporting some wildlife or fish and performing
other valuable functions,does not currently possess essential characteristics necessary
to support a diverse wildlife community.Tertiary habitat also includes habitat which
has been created purposefully by human actions to serve other or multiple purpose",
such as open space areas,and landscape amenities.
Top of the bank:That point in the natural contour where the tOt"Jgral'!n-brcak--(or the
streambed.
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Wildlife Habitat:Areas that provide food,protective cover,nesting,breeding or
movement for fish and wildlife and with which individual species have a primary
association.Wildlife habitat also includes naturally occurring ponds larger than 1.5
acres and smaller than 20 acres in area that are a minimum of 6 feet deep to the extent
that such pond(s)otherwise meet(s)the definition of wildlife habitat.
Wildlife Report:A report.prepared by a qualified consultant,that evaluates plant
communities and wildlife functions and values on a site,consistent with the format and
requirements established by this ordinance.
SECTION 3.2 REGULATED ACTIVITIES IN HABITATS
The following activities within a habitat and its associated buffer,or outside a habitat or
buffer but with the potential of adversely affecting the habitat or buffer,shall be
regulated pursuant to the standards of this chapter:
A.removing,excavating,disturbing or dredging soil,sand,gravel,minerals,organic
matter or materials of any kind;
B.dumping,discharging or filling with any material;
C.draining,flooding or disturbing the water level or water table;
D.driving piling or placing obstructions;
E.constructing,reconstructing,demolishing or altering the size of any structure or
infrastructure;
F.construction of any on-site sewage disposal system,or other underground facilities,
except exempted activities;
G,destroying or altering vegetation through clearing,harvesting,shading or
planting vegetation that would alter the character of a habitat,the shade and
protection for the stream,or is a source of food or habitat for fish or game;
H.activities that result in significant changes in water temperature,physical or
chemical characteristics of water sources,including quantity and pollutants:
L relocation of the natural (('up..:\.:'of the <trcnrn,t'C mod ification of the fI(I\\,
charactcrr-f ics tlierco]:aud
29
J.any other activity potentially affecting a habitat or habitat buffer not otherwise
exempt from the provisions of this chapter.
SECfION 3.3 RXEMPTIONS FROM FISH AND WILDLIFE REGULATrONS;
A.See Section 5.1 for general exemptions to all sensitive areas.
B.The following activities shall be exempt from the provisions of this chapter related to
fish and wildlife habitat provided they are conducted using best management
practices:
1.activities involving artificially created habitat,including but not limited to grass-
lined swales,irrigation and drainage ditches,detention facilities such as ponds,
and landscape features,except for habitat areas created as mitigation and
artificially created habitats used by anadromous fish.
2.prior to the effective date of this ordinance all commercial and industrial uses,
developments,and activities which exist within the stream buffers until one of
the following occurs:
the use,development or activity is terminated,discontinued or abandoned
for a period of at least twelve (12)consecutive months;or
the improvements are destroyed or demolished to an extent where
restoration costs would exceed 75%of the assessed value of the structure;
or
the use of the property is changed to a new occupancy classification under
the Uniform Building Code;and
C.Notwithstanding the exemption provided by this section,any otherwise exempt
activities occurring in or near critical habitat areas shall comply with the intent of
these standards and shall consider on-site alternatives that avoid or minimize
potential habitat impacts.
SECfION 3.4 FrSI-I AND iVILDUFE I-IA13fL\T INVENTORY '.lAPS
The approximate location and extent of habitat areas within the City of Xlarysvilles
planning area are shown on the maps adopted as part of this chapter.These maps shall
be used as a general ~uide onlv for theassistance of oro oertv owners and other<..'<.._r r -'
interested parties:boundaries are generalized.The actual type,cvtent and bou ndarics
of habitat areas shall be determined by a qU'1!ifieci consultant according to the
r'lrncedlJre··-~,de(initiort"~J!1(:l crih:ci':l t:.'-:;l,:tb!i'~hi.~<:,i b\"(hi:~ord iuanco.ln the evcn t (if ~1n~:
30
conflict between the habitat location or type shown on the Snohomish County
Tomorrow Fish and Wildlife Conservation Areas maps and the criteria or standards of
this ordinance,the criteria and standards resulting from the field investigation shall
control.
SECTION 3.5 CU\SSIFICAnON OF FISH AND WILDLIFE H.o\BITAT AREA.S
Wildlife habitat areas shall be classified as critical,secondary or tertiary,and streams
categorized as Class I,lL IlL or IV according to the criteria established in Section 3.1.
SECTION 3.6 FISH AND \VILDLIFE HABITAT BUFFERAREAS
A.The establishment of buffer areas shall be required for regulated activities in or
adjacent to habitat areas.Buffers shall consist of an undisturbed area of native
vegetation established to protect the integrity,functions and values of the affected
habitat.
B.The following buffer widths are established:
\VILDLlFE HABITAT OR TYPE BUFFER WIDTH
Ebey Slough:except in the following 100feet
location
North and South shore of Ebey Slough 25 feet
between the western city limits, at
approximately 1-5,and 47th Ave. NE
Critical 50 feet
Secondary 25 feet
Tertian'a feet
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STREAM TYPE BUFFER \VIDrn
Class I,Class Ilwith anadromous fish 100feet
Class II without anadromous fish 50 feet
.
Class III 25 feet
Class IV a feet
C.Measurement of Buffers
1.Non-Stream Buffers
Non-stream buffers shall be measured,on a horizontal plane,from the habitat
edge as delineated by the qualified consultant.Required buffer widths shall
reflect the sensitivity of the habitat and the type and intensity of human activity
proposed to be conducted nearby.Buffers shall be determined by the Planning
Department based on information in the wildlife report supplemented by its own
investigations,the sensitivity and value of the habitat areas, the intensity and
design of the proposed use,and adjacent uses and activities.
2.Stream Buffers
All buffers shall be measured from the ordinary high water mark as identified in
the field or, if that cannot be determined,from the top of the bank.In braided
channels and alluvial fans, the ordinary high water mark or top of bank shall be
determined so as to include the entire stream feature.
3.Combination Buffers
Any stream adjoined by a wetland or other adjacent habitat area shall have the
buffer which applies to the wetland or other habitat area unless the stream buffer
requirements are more expansive.
D. Buffer widths may be modified by avcrag iug buffer widths or by enhancing buffer
quality as set forth herein,
I, Buffer vvidth averaging <hall be allowed onlv where the applicant demonstrates
to the I'lanning Department that:
32
a. the habitat contains variations in sensitivity due to existing physical
characteristics;and
b.that lower intensity land uses would be located adjacent to areas where buffer
width is reduced;and
c.that width averaging will not adversely impact the habitat functional values;
and
d.that the total area contained within the buffer after averaging is no less than
that contained within the standard buffer prior to averaging.
2.Buffer width may be reduced by up to 25 percent if an applicant undertakes
measures approved by the Planning Department to enhance the buffer,including
but not limited to planting of native trees or shrubs,increasing the structural
diversity of plant cover types,or replacement of exotic species with native
species.In no instance,however,shall the buffer width of critical,secondary,
Class I,and II buffers be reduced by more than 50 percent of the required buffer
or be less than 25 feet.
E.The buffer width stated in Paragraph B.of this section shall be increased not more
than 25 percent(Buffer width x 1.25)when the qualified consultant determines,
based upon a site specific habitat analysis,that im pacts on the habitat from a
proposed development can only be mitigated by a greater buffer width.The
standard habitat buffer width shall be increased:
1.when the habitat is used by anadromous fish,plant or animal species proposed
or listed by the federal government or State as an endangered,threatened,rare,
candidate,sensitive or monitored;or has critical or outstanding potential habitat
for those species or has unusual nesting or resting sites such as heron rookeries
or raptor nesting trees,and the increased buffer is necessary to protect such
habitat;or
2.when the adjacent land is susceptible to severe erosion and erosion control
measures will not effectively prevent adverse habitat impacts;or
:1.when the standard buffer has minimal or degraded vegetative cover that cannot
be improved through enhancement;or
33
4.when the minimum buffer for a habitat extends into an area with a slope of
greater than 25 percent,the buffer shall be the greater of:
a. the minimum buffer for that particular habitat;or
b.25 feet beyond the point where the slope becomes 25 percent or less.
.F.Low impact uses and activities which are consistent with the purpose and function
of the habitat buffer and do not detract from its integrity may be permitted within
the buffer depending on the sensitivity of the habitat involved.Examples of uses
and activities which may be permitted in appropriate cases include pedestrian trails,
viewing platforms,storm water management facilities such as grass-lined swales,
and utility easements.
G.Required buffers shall not deny all reasonable use of property.A.variance from
buffer width requirements may be granted by the City of Marysville upon a showing
by the applicant that:
1.there are special circumstances applicable to the subject property or to the
intended use such as shape,topography,location or surroundings that do not
apply generally to other properties and which support the granting of a variance
from the buffer width requirements;and
2.such buffer width variance is necessary for the preservation and enjoyment of a
substantial property right or use possessed by other similarly situated property
but which because of special circumstances is denied to the property in question;
and
3. the granting of such buffer width variance will not be materially detrimental to
the public welfare or injurious to the property or improvement;and
4.the granting of the buffer width variance will not materially affect the subject
habitat area;and
5.ifa variance application for stream buffers is merged with a pending Shoreline
Development PermitApplication,the applicant shall pay the City a single fee of
$150.00;and
34
6.No variance from stream buffers shall be granted which is inconsistent with the
policies of the Shoreline Management Act of the State of Washington and the
Master Program of the City of Marysville.
SECTION 3.7 FISH AND WILDLIFE HABITAT ALTERA.TION
A.Adverse impacts to habitat functions and values shall be mitigated to the extent
feasible and reasonable.Mitigation actions by an applicant or property owner shall
occur in the following preferred sequence:
1.Avoiding the impact altogether by not taking a certain action or parts of actions;
2.Minimizing impacts by limiting the degree or magnitude of the action and its
implementation;
3.Rectifying the impact by repairing,rehabilitating,or restoring the affected
environment;
4.Reducing or eliminating the impact over time by preservation and maintenance
operations during the life of the action;
5.Compensating for the impact by replacing or providing substitute resources or
environments.
B.Where impacts cannot be avoided,the applicant or property owner shall implement
other appropriate mitigation actions in compliance with the intent,standards and
criteria of this section.In an individual case,these actions may include
consideration of alternative site plans and layouts,reductions in the density or scope
of the proposal,and implementation of the performance standards listed in Section
3.7.
C.Alteration of habitat and their buffers may be permitted by the Planning Department
subject to the following standards:
1.Critical Habitat,Class I and II Streams:Alterations of critical habitat and Class [
and II Streams shall be avoided,subject to the reasonable use provisions of this
ordinance at1d conformance with the City of Marysville Shoreline \fanagement
Master Program.Access lo the shoreline wi]be permitted for tvatcr-dc pcudcnt
and water-oriented uses subject lo the mitigalion sequence referred to in Secl;(lll
3.7A and B.
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2.Secondary Habitat,Class III Streams:Alterations of secondary habitat and Class
III Streams may be permitted provided that the applicant mitigates adverse
impacts consistent with the performance standards and other requirements of
this chapter.
3.Tertiary Habitat,Class N Streams:Alterations of tertiary habitat and Class N
Streams are permitted consistent with applicable provisions of these regulations
and the City of Marysville code.
SECTION 3.8 FISH AND WILDLIFE HABITAT PERFORllfANCE STANDARDS ANTI
INCENTIVES
A.The performance standards and criteria contained in this chapter shall be
incorporated into plans submitted for regulated activities:
1.Consider habitat in site planning and design;
2. Locate buildings and structures in a manner that preserves and minimizes
adverse impacts to important habitat areas;
3.Integrate retained habitat into open space and landscaping;
4. Where possible,consolidate habitat and vegetated open space in contiguous
blocks;
5. Locate habitat contiguous to other habitat areas,open space or landscaped areas
to contribute to a continuous system or corridor that provides connections to
adjacent habitat areas and allows movement of wildlife;
6. Use native species in any landscaping of disturbed or undeveloped areas and in
any enhancement of habitat or buffers;
7.Emphasize heterogeneity and structural diversity of vegetation in landscaping,
and food producing plants beneficial to wildlife and fish;
8. Remove and control any noxious or undesirable species of plants and animals;
9.Preserve significant trees and snags,preferably in groups,consistent with
achieving the objectives of these standards;
36
10. Buffers shall be surveyed,staked,and fenced prior to any construction work,
including grading and clearing,may take place on the site;and
11.Temporary erosion and sedimentation controls,pursuant to an approved plan,
shall be implemented during construction.
B.A landscape plan shall be submitted consistent with the requirements,goals,and
standards of this chapter.The plan shall reflect the report prepared pursuant to
Section 5.2 of these regulations.
C. As an incentive to encourage preservation of secondary and tertiary habitat,as
those terms are defined in these regulations,the net amount of landscaping
required by the City of Marysville may be reduced by .25 acres for each 1acre of
secondary or tertiary habitat and buffer preserved on the site;however,that
amountcannotexceed 50 percent of the amount of required landscaping.The
reduction shall be calculated on the basis of square feet of habitat preserved or
enhanced and square feet of landscaping required.Habitat and habitat buffer
that is enhanced by the applicant may also qualify for this reduction.
Preservation of secondary or tertiary habitat shall be assured by the execution of
an easement or other protective device acceptable to the City of Marysville.
37
CHAPTER4.GEOLOGICHAZARD AREAS
SECTION 4.1 GEOLOGIC HAZARD DEFINITIONS;
For purposes of this chapter,the following definitions shall apply.
Erosion:A process whereby wind,rain,water and other natural agents mobilize and
transport soil particles.
Erosion Hazard Areas:Lands or areas that,based on a combination of slope inclination
and the characteristics of the underlying soils,are susceptible to varying degrees of risk
of erosion.Erosion hazard areas are classified as Low Hazard,Moderate Hazard and
High Hazard,based on the following criteria:
A.Low Hazard:Areas sloping less than 15 percent.
B.Moderate Hazard:Areas sloping between 15 and 40 percent and underlain by soils
that consist predominantly of silt, clay,bedrock or glacial till.
C.High Hazard:Areas sloping between 15 and 40 percent that are underlain by soils
consisting largely of sand and gravel,and all areas sloping more steeply than 40
percent.
Geologic Hazard Areas:Lands or areas characterized by geologic,hydrologic and
topographic conditions that render them susceptible to potentially significant or severe
risk of landslides,erosion,or seismic activity.
Geologic Hazard Area lvlaps:The Geologic Hazard Area Maps prepared for Snohomish
County Tomorrow,July, 1991,and associated reports.The maps are adopted by the
City of Marysville and indicate the potential presence of geologic hazards.
Landslide:Episodic downslope movement of a mass of sailor rock and includes snow
avalanches.
Landslide Hazard ,·hms:Areas that,due to a combination of slope inclination and
relative soil permeability,are susceptible to varying degrees of risk of Iandsliding.
Landslide hazard areas are classified as Classes I-IV based on the degree of risk as
follows:
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B.Moderate Hazard:Areas with slopes of between 15 and 40 percent and that are
underlain by soils that consist largely of sand,gravel,bedrock or glacial till.
C.High Hazard:Areas with slopes between 15 percent and 40 percent that are
underlain by soils consisting largely of silt and clay,and all areas sloping more
steeply than 40 percent.
D. Very High Hazard:Areas with slopes over 40 percent and areas of known mappable
landslide deposits.
Qualified Consultantts):For the purposes of these regulations,qualified consultant shall
mean a geotechnical/civil engineer licensed to practice in the State of Washington with
at least four years of professional employment with experience in landslide evaluation.
When the context so indicates,qualified consultant shall also mean a geologist,i.e. a
person who has earned a degree in geology from an accredited college or university,or
a person who has equivalent educational training and has experience as a practicing
geologist.See Section 5.3 for more information.
Seismic Hazard Areas:Areas that,due to a combination of soil and ground water
conditions,are subject to severe risk of ground shaking,subsidence or liquefaction of
soils during earthquakes.These areas are typically underlain by soft or loose saturated
soils (such as alluvium),have a shallow ground water table and are typically located on
the floors of river valleys.Seismic hazard areas.are classified as follows:
A. Low Hazard:Areas underlain by dense soils or bedrock
B.High Hazard:Areas underlain by soft or loose saturated soils.
SEerrON 4.2 APPLICABILITYTO GEOLOGICA L HAZARDS;
A. The provisions of this chapter shall apply to any activitv that occurs in, on or within
300 feet of (as indicated on the Geologic Hazard Maps), or potentially affects, a
geologic hazard area subject to this chapter unless o therwise exempt,These
activities may include,but are not limited to the following:
1.removing,excavating,disturbing ordredgingsoil,sand,graveL minerals.
organic rnattcr or materials of anv kind;v •
39
4.constructing,reconstructing,demolishing or altering the size of any structure or
infrastructure;
5.construction of any on-site sewage disposal system,or other underground
facilities,except exempted activities;
6.draining,flooding,or disturbing the water level or water table, or changing the
flow of water through the site;
7.destroying or altering vegetation through clearing or harvesting;and
8. any other activity potentially affecting a geologic hazard area or its setback not
otherwise exempt from the provisions of this chapter.
B.To avoid duplication,the following permits and approvals shall be subject to and
coordinated with the requirements of this section:clearing and grading;
subdivision or short subdivision;building permit;planned unit development;
shoreline substantial development;variance;conditional use permit;other permits
leading to the development or alteration of land;and rezones.
SECTION 4.3 GEOLOGIC HAZARD INVHJTORY lvlAP
The approximate location and extent of geologic hazard areas within the City of
Marysville's planning area are shown on the sensitive areas maps adopted as part of
this chapter.These maps should be used as a general guide only for the assistance of
property owners and as information for the public.They are intended to indicate where
potentially hazardous conditions are believed to exist.Boundaries are generalized;
field investigation and analysis by a qualified consultant is required to confirm the
actual presence or absence of a critical area.In the event of any conflict between the
location,designation or classification of geologic hazard area shown on the Snohomish
County Tomorrow Geologic Hazard Areas maps and the criteria or standards of this
ordinance,the criteria and standards resulting from the field investigation shall prevail.
SEerrON 4.4 ALTERATION OF GEOLOGIC HAZ:\RD ,-\REAS A0JD
DEVELOP;VIENT Ui\!rrATfONS;
A. The City 01 \[arysville may af'prcwe,condition or deny proposals as appropriate
based on the degree to which ·;igniricant risks posed by crilical hazard areas to
public and private p"('pe,'lv and to public health and safety can be mitigated,The
obj.::.'cti\·~()(mil.ig,ytil){1 rl'le,~~Url~'-;'-.lh~!i be to render a site containing t)critic.i!
40
geologic hazard site as safe as one not containing such hazard or to develop a
structure that will tolerate the hazard.Enforceable guarantees shall be required
where appropriate.Conditions may include limitations of proposed uses,
modification of density,alteration of site layout and other appropriate changes to
the proposal.Where potential impacts cannot be effectively mitigated,or where the
risk to public health,safety and welfare,public or private property,or important
natural resources is significant notwithstanding mitigation,the proposal shall be
denied.
B.Assurances required of the applicant and the qualified consultant for geologic
hazard areas may at the discretion of the Public Works Director include:
1. A letter from the geotechnical engineer or geologist who prepared the
required studies stating that the risk of damage from the proposal,both on-
site and off-site, are minimal subject to the conditions set forth in the report,
that the proposal will not increase the risk of occurrence of the geologic
hazard,and that measures to eliminate or reduce risks have been
incorporated into its recommendations;or
2. A letter from the applicant,or the owner of the property if not the applicant,
stating its understanding and acceptance of any risk of injury or damage
associated with development of the site and agreeing to notify any future
purchasers of the site,portions of the site,or structures located on the site of
the zeolocic hazard'or00I
3. A legally Enforceable agreement,which shall be recorded as a covenant and
noted on the face of the deed or plat,and executed in a form satisfactory to
the City of Marysville,acknowledging that the site is located in a geologic
hazard area; the risks associated with development of such site;and a waiver
and release of any and all claims of the ownerts),their directors,employees,
successors or assigns against the City of Marysville for any loss,damage or
injury,whether direct or indirect,arising out of issuance of development
permits for the proposal.
c..When alteration of a geologic hazard area is approved,the City of \farysville at
the discretion of the Public \\'orks Director may require an assurance device,
such as Zl bond or gua.rantee,lo cover the co'-I of monitoringt maintenance and
any neccc.,<:.<.·~ry corrective actions.
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A. A setback shall be established from the edge of any geologic hazard area that is
not approved for alteration pursuant to these regulations.The setback shall
consist of an undisturbed area of natural vegetation;if the site has previously
been disturbed,the setback area shall be revegetated pursuant to an approved
planting plan.
B.Required setbacks shall typically vary between 25 and 50feet; the width of the
setback,determined by the Public Works Director or his or her representative,
shall reflect the sensitivity of the geologic hazard area and the types and density
of uses and activities proposed on or adjacent to the geologic hazard area.In
determining an appropriate setback width,the Public Works Director or his or
her representative shall consider the recommendations contained in any
technical report prepared by the applicant's geotechnical engineer.Building and
structures shall be set back 10 feet from the edge of the setback.
1.Setbacks shall be measured as follows:
a.Critical landslide hazard areas: from the edges of the hazard area as
identified in the Geologic Hazard Area Report;
b.Critical recharge areas:from the edge of the recharge area as identified in the
Geologic Hazard Area Report.
2.Setbacks maybe reduced to a minimum of 10feet when the applicant
demonstrates through technical studies that the reduction will adequately protect
the geologic hazard and the proposed development.
SECTION 4.6 GEOLOGIC HAZARD PERFORl\fANCE STANDARDS
A. The following standards shall be implemented in all proposals occurring in or
adjacent to geologic hazard areas:
1.Geotechnical studies shall be prepared to identify and evaluate potential hazards
and to formulate mitigation measures;
2.Construction methods will reduce or not adversely affect geologic hazards;
:\.Site planning should minimize disruption of e,i~ling topography and natural
vecetation:v /
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4.Disturbed areas should be replanted as soon as feasible pursuant to a previously
approved landscape plan;
5.Clearing and grading should be limited to May through October;
6. Use of retaining walls that allow maintenance of existing natural slope areas are
preferred over graded slopes;
7.Setbacks shall be surveyed,staked,and fenced prior to any construction work,
including grading and clearing,may take place on the site;
8.Temporary erosion and sedimentation controls,pursuant to an approved plan,
shall be implemented during construction;
9. A master drainage plan should be prepared for large projects;
10.Undevelopable geologic hazard areas larger than one-half acre should be placed
in a separate tract;
11. A monitoring program should be prepared for construction activities permitted
in geologic hazard areas;and
12.Development shall not increase instability or create a hazard to the si te or
adjacent properties,or result in a significant increase in sedimentation or erosion.
B.Required setbacks shall not deny all reasonable use of property.A variance from
setback width requirements may be granted by the City of Marysville upon a
showing:
1.there are special circumstances applicable to the subject property or to the
intended use such as shape,topography,location or surroundings that do not
apply generally to other properties and which support the granting of a variance
from the setback requirements;and
2.such setback with variance is necessary for the preservation and enjoyment of a
substantial property right or lise possessed by other similarly situated property
but which because of special circu rnstanccs is denied to the property in question;
and
,the gr<1nting of such setback width Vari<111Ce \\'ill not be materially detrimental to
the f~ltbl!c '.\·clfdrl~of injuriou-,(')the pr~lperty (,r improvement:and
43
CHAPTER 5.GENERAL INFORMATION
SECTION 5.1 GENERAL EXE!vfPTIONS
A.Thefollowing activities shall be exempt from the provisions of this ordinance
provided they are conducted using best management practices:
1.existing and ongoing agricultural activities,as defined in Chapter 2,Section 2.1,
and any lands designated Long-term Commercially Significant Agricultural
Lands;
2.maintenance,operation and reconstruction of existing roads,streets,utilities and
associated structures,provided that reconstruction of any structures may not
increase the impervious area;
3.normal maintenance,repair and reconstruction of residential or commercial
structures,provided that reconstruction of any structures may not increase the
previous floor area;
4.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 necessmy to carry out the work or studies;
5.educational activities,scientific research,and outdoor recreational activities that
will not have a significant effect on the habitat area;
6.public agency emergency activities necessalY to prevent an immediate threat to
public health,safety or property;
7.prior to the effective date of this ordinance 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 ordinance:
complete applications as defined by the appropriate ordinance or by city
policv
approved plats,and
development of legally created lols which have been recorded with
Sn\'!1"mi,'h Countv:and
B.minor activities notmentioned above and determined by the Planning
Department to pose minimal risk to the public health, safety,and general
welfare.
SECTION 5.2 PERMITPROCESS AND APPLICATION REQUIRE1'IENTS;
A.Pre-Application Conference.All applicants are encouraged to meet with the Planning
Director of the City of Marysville 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 ofMarysville's sensitive areas'requirements,process 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 Marysville.
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 tile site.
1.Prior to the issuance of a SEPA threshold determination for a proposal,a wetland
determination,wetland delineation report,or wildlife habitat report must be
submitted to the City of Marysville for review upon request of the Planning
Director or inclusion of a portion or all of a site on the Habitat or Wetland
Inventory maps prepared by Snohomish County Tomorrow.The purpose of the
report is to determine the extent and function of wetlands,and the extent,type,
function and value of wildlife habitat on any site where regulated activities are
proposed.The report will also be used by the City of Marysville to determine the
appropriate wetland rating designation and buffering requirement for the
wetland,or the sensitivity and appropriate classification of the habitat,
appropriate buffering requirements,and potential impacts of proposed activities.
2. In addition wetland boundaries must be staked and flagged in the field by a
qualified consultant employing the Federal Methodology.Field flagging must be
distinguishable from other survey flagging on the site.Tile field flagging mu-t
be accompanied by a wetland delineation report.
45
3.Applicants for activities within geologic hazard areas shall conduct technical
studies to:evaluate the actual presence of geologic conditions giving rise to
geologic hazards;determine the appropriate hazard category,according to the
classification of potential hazards in these regulations;evaluate the safety and
appropriateness of proposed activities;and recommend appropriate
construction practices,monitoring programs and other mitigation 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 Marysville.
4.The report on any sensitive area shall include the following information:
a. Vicinity map;
b. A map showing:
site boundary,property lines,and roads;
internal property lines,rights-of-way,easements,etc.;
existing physical features of the site including buildings,fences,and other
structures,roads,parking lots,utilities,water bodies,etc.;
contours at the smallest readily available intervals,preferably at 5-foot
intervals;and
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 ofI"=400' or greater (such as I"=200')should be
used.If an orthophotograph is not available,the center of a small scale (e.g.,
1"=2,000')aerial photograph enlarged to 1"=400'may be used.
c. The report for any sensitive area must describe:
Iocational information including legal description and address;
all natural and man-made features within 150 feet of the site boundary:
general site conditions including topography,acreage,and water bodies or
wetlands;and
46
identification of any areas that have previously been disturbed or degraded
by human activity or natural processes.
5. In addition to the general report requirements,a report on wetlands shall include
the following information:
delineated wetland boundary;
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 1"=40' or
greater (such as 1"=20')should be used.Existing features must be
distinguished from proposed features;
site designated on the Wetlands Areas Maps prepared for Snohomish County
Tomorrow,July 1991;
hydrologic mapping showing patterns of water movement into,through,and
out of the site area;
location of all test holes and vegetation sample sites,numbered to correspond
with flagging in the field and field data sheets;
field data sheets from the Federal Manual,numbered to correspond with
sample site locations as staked and flagged in the field;
and describe:
specific descriptions of plant communities,soils,and hydrology;
a summary of existing wetland function and value;and
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 J,ll. Ill, or Vf wetland is proposed,a vve lland
mitigation plan is required according to the standards elf Section 2.[!.
47
6.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 Planning Department may require field
studies at the applicant's expense in appropriate cases.):
a map of vegetative cover types,reflecting the general boundaries of different
plant communities on the site;
a description of the species typically associated with the cover types,
including an identification of any critical wildlife species that might expected
to be found;
the results of searches of DNR's Natural Heritage and WDW's Non-Carne
Data System databases,if available;and
additional information on species occurrence available from the City of
Marysville or Snohomish County;
and describe:
the layers,diversity and variety of habitat found on the site;
identification of edges between habitat types and any species commonly
associated with that habitat;
the location of any migration or movement corridors;
a narrative summary of existing habitat functions and values;and
a summary of proposed habitat and buffer alterations,im pacts 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.
7. In addition to the general report requirements.a report on geologic hazards shall
include the following information:
a characterization of soils,geology and d rninage:
a characterization of groundwater conditions including the presence of any
public or private wells in the immediate vicinity;and
an analysis of 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
program,erosion or sedimentation programs (during and after construction),
and surface water management controls.
In order to determine the geologic hazard classification project,applicants
shall also include in their report to the City of Marysville a description
prepared by a qualified consultant that reviews the site history and results of
a surface reconnaissance.The purpose of these regulations is to require a
level of study and analysis commensurate with potential risks associated with
geologic hazards on particular sites and for particular proposals.Depending
on the particular geologic hazard,geologic,hydrologic,and topographic
studies may be required.The appropriate reportts)and level of analysis shall
be determined using the following guidelines:
a.Moderate Landslide Hazard Areas:
1.Review site historv and available information;,
n.Conduct a surface reconnaissance of the site and adjacent areas;and
iii.Conduct subsurface exploration if indicated by i.and ii. as determined
by the applicant's qualified consultant and the City.
b.High Landslide Hazard Areas:
1.Review site history and available information;
11.Conduct a surface reconnaissance of the site and adjacent areas;
iii.Conduct subsurface exploration suitable to the site and proposal to
assess geohydrologic conditions;
iv.Recommend surface water management controls durlns con-Lrucl ion
and operation;
49
v.Proposed construction scheduling;and
vi.Recommendations for site monitoring and inspection during
construction.
c.Very High Landslide Hazard Areas:
i.Development is prohibited in these areas.
d.Moderate and High Erosion Hazard Areas:
1.Review site history and available information;
11.Conduct a surface reconnaissance of the site and adjacent areas;and
iii.Identify surface water management,erosion and sediment controls
appropriate to the site and proposal.
e. Seismic Hazard Areas:
1.For one and two story single-family structures,conduct an evaluation
of site response and liquefaction potential based on the performance of
similar structures under similar foundation conditions;and
n.For all other proposals,conduct an evaluation of site response and
liquefaction potential including sufficient subsurface exploration to
provide a site coefficient (S) for use in the static lateral force procedure
described in the Uniform Building Code.
C.Permit Process.This section is not intended to create a separate permit process for
development proposals.To the extent possible,the City of Marysville shall
consolidate and integrate the review and processing of sensitive area-related aspects
of proposals with other land use and environmental considerations and approvals.
SECTION 5.3 SELECTION OF QUALIFIED CONSULTANT ,\ND CITY REVIEW OF
REPORT
Qualified Consultu nt:s Selection:For the purposes of this ordinance,qualified consultant-.
not licensed by tile State of Washington for the activities they are to perform in
evaluation of sensitive areas,shall be reviewed by and their names ilppear on an
approved list prepared by the City of \!arys\·ille.
50
A.Annually the City shall advertise Requests for Qualifications for qualified
consultants for each area established by this ordinance:Wetlands,Fish Habitat
Areas!Streams,Wildlife Habitat Areas,and Geologic Hazard Areas.The Planning
Director shall establish a panel,approved by the Mayor, to review the firm and
individual's qualifications and references.Each Qualified Consultant shall have
completed at least a four year degree program.Upon review the Planning Director
shall recommend to the City Council the list of consultants,as selected by the panel,
that are qualified to evaluate each type of sensitive area identified in this ordinance.
These lists shall be reviewed,amended,and adopted by the City Council.There
shall be a minimum of 12 qualified consultants for each of the three categories.The
list shall be adopted within 60 days of the adoption of this ordinance and 60 days of
January 1 of each year thereafter.
B.The adopted lists of qualified consultants shall be made available from the Planning
Department.
C.Reports meeting the criteria of the specific ordinance,submitted by qualified
consultants included on this adopted list should be accepted by the City of
Marysville.However,the City retains the right to have a separate review of the
reports,and at its discretion may retain a qualified consultant at the City's expense
to review and confirm the applicant's reports,studies,and plans.Applicant's may
choose to use other consultant's which they feel meet the definition of qualified
consultant's given;however,the City retains the right to have a separate review of
their reports,and at its discretion may retain a qualified consultant at the applicant's
expense to review and confirm the applicant's reports,studies,and plans.
SEarON 5.4 LAND DIVISIONS;
All proposed divisions of land which include regulated sensitive areas shall comply
with the following procedures and development standards:
A.New lots shall contain at least one building site,including access,that is suitable for
development and is not within the regulated sensitive area or its associated buffer or
setback.
B.A regulated sensitive area and its associated buffer or setback shall be placed in .1
separate tract on which development is prohibited,protected bv execution of iHI
easement given to the City of \Iarysville,or dedicated to the Citv of \lal"l'''\'ille ill
the discretion of the (:itv of :-'far\'s\'ille,lhe location and limit<tti"Il-'ol,,,,,,pci.1Ie.l i,itit
51
sensitive area and its associated buffer or setback shall be shown on the face of the
deedor plat applicable to the property and shall be recorded with the Snohomish
County Auditor.
SECTION 5.5 ON-SITE DENSITY TR.\NSFER FOR SENSITIVE AREAS;
A. An owner of a residential site or property containing sensitive areas may be
permitted to transfer the density attributable to the sensitive 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.In the case
of streams,only the density attributable to the buffer may be transferred.
B.Density can be transferred from the sensitive portion and associated buffer area or
setback,and only stream buffers as noted in Paragraph A,to the non-sensitive,non-
buffer 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 sensitive area,subject to the provisions of the
underlyirig 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 sensitive portion and associated buffer area or setback,except with streams as
noted in Paragraph A, of the site can be transferred to the non-sensitive portion
of the site.The following chart indicates the amount of density that can be
transferred,based on the degree of sensitivity of the sensitive area:
,'
52
Category of Sensitive Area %of density on Sensitive Area that
may be transferred On-si te
Category I and II Wetlands 25%
Critical Habitat
Class I and II Streams (buffers only)
High &Very High Geologic Hazard
Seismic Hazard
,
Category III and IV Wetlands 100%
Secondary and Tertiary Habitat
Class III &IV Streams (buffers only)
Low and Moderate Geologic Hazard
3. In transferring the density from the sensitive portion of the site and its
associated buffer or setback,and only stream buffers as noted in Paragraph .-\,
to the non-sensitive portion of the site the density of the non-sensitive portion
of the site may be increased up to the equivalent next density classification as
shown in the following chart However,in the case of the highest density
multi-family zoning classifications,the density may not be increased beyond
the current density,except under the provisions of other sections of this
ordinance such as Planned Residential Developments (19.48).
Underlying Zoning Potential Density
RS20 RS12.5
RS12.5 RS9.6
RS9.6 RS7.2
RS7.2 6000sq. ft. lots
RML -12DU /Ac Rl\Evf -18DU/ Ac
RMM -18DU/Ac RMH - 28 DU/Ac
RlvfH -28DU/ Ac.RMH -28 DU/Ac
4. The non-sensitive,non-buffer portion of the site is not constrained by another
environmentally sensitive or geologic hazard areas regulated by this code,
5. The non-sensitive,non-buffer portion of the site is subject to the density
limitations of the new density zoning classification,and to applicable
setbacks,and other standards of the Cit" code or other land de\'"k1f'mcnt
regulations,
53
,,
C.An on-site density transfer shall meet the requirements and follow the procedures
of:
1.Planned Residential Development,19.48;except for Category I and II Wetlands,
Critical Habitat,Class I and II Streams,High and Very High Geologic Hazard,
and Seismic Hazard,other than those indicated in this section, no additional
density bonuses as described in 19.48.080 shall apply to the site; for Category III
and IV Wetlands,Secondary and Tertiary Habitat,Class III and IV Streams,and
Low and Moderate Geologic Hazard,either the density bonus indicated in this
section or the density bonuses as described in 19.48.080 shall apply,but not both;
or
2.Subdivisions,Title 20.
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:"
SECTION 5.6 GENER-\L PROCEDUM,L PROVISIO.t\S;
A.Interpretation and Conflicts.
Any question regarding interpretation of these regulations shall be resolved
pursuant to the procedures set forth in Marysville Municipal Code,Chapter 2.70,
relating to the Hearing Examiner.
B.Appeals from Permit Decisions.
Appeals from permit decisions shall be governed by the procedures set forth in
Marysville Municipal Code,Chapter 2.70,relating to the Hearing Examiner.
SECTION 5.7 PENA LTIES AND ENFORCB-IENT
Penalty and enforcement provided in this Section shall not be deemed exclusive,and
the City may pursue any remedy or relief it deems appropriate.
A.Any person,firm,corporation,or association or any agent thereof who violates any
of the provisions of this Ordinance shall be guilty of a misdemeanor punishable bv .1
fine not to exceed S 1,000,It <hall be a separate (,ffense for each ,1nd cvcrv d.iv (I"
portion thereof during which any violation of am'provision"<'f this ()rdin,once i,-
committed,
54
B. Any person,firm,corporation,or association of any agent thereof who violates any
of the provisions of this Ordinance shall be liable for all damages to public or private
property arising from such violation,including the cost of restoring the affected area
to an equivalent or improved condition prior to the violation occurring.If an
equivalent condition cannot be provided,the violator shall be subject to a fine in an
amount equal to the value to the damage to the environmentally sensitive area,
determined using best available methods of calculating the value of vegetation,land,
and water resources.
C.Restoration shall include but not be limited to, the replacement of all improperly
removed ground cover with species similar to those which were removed or other
approved species such that the biological and habitat values will be replaced,
improper fill removed,and slope stabilized.Studies by the qualified experts shall be
submitted to determine the conditions which were likely to exist on the lot prior to
the illegal alteration.
D.Restoration shall also include installation and maintenance of interim and
emergency erosion control measures until such time as the restored ground cover
and vegetation reach sufficient maturation to function in compliance with the
performance standards adopted by the City.
E. The City shall stop work on any existing permits and halt the issuance of any or all
future permits or approvals for any activity which violates the provisions of this
Ordinance until the property is fully restored in compliance with this Ordinance and
all penalties are paid.
F.Notwithstanding the other provisions provided in this Ordinance,anything done
contrary to the provisions of this Ordinance or the failure to comply with the
provisions of this Ordinance shall be and the same is hereby declared to be a public
nuisance.
The City is hereby authorized to apply to any court of competent jurisdiction for any
such court,upon hearing and for cause shown,may grant a preliminary,temporarv
or permanent injunction restraining any person,firm,and/Or corporation form
violating any of the provisions of this Ordinance and compelling compliance tvith
the provisions thereof. The violator shall comply with the injunction and I'a\'all
cost incurred by the City in seeking the injunction,
SECTlO\J 3.S CENER,\LS,\\T<CS I'RO\'[SIO\:-Rf':,\':;(Y\,\l\fllSL
I','
55
"I
A.The standards and regulations of this section 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 City of Marysville
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 ordinance as determined by the Planning
Director.
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 sensitive area and buffer or
setback is feasible and reasonable;and
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;and
3.that the proposed activities,as conditioned,will result in the minimum possible
impacts to sensitive area and buffer or setback;and
4.that all reasonable mitigation measures have been implemented or assured;and
5.that all provisions of the City's regulations allowing density transfer on-site and
off-site have been considered;and
6.that the inability to derive reasonable economic use is not the result of the
applicant's actions.
SECTION 5.9 NO SPECL'\L DUTY CREATED
It is the purpose of this ordinance 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 ordinance.No provision or term used in this ordinance 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 ordinance shall bodi-crctionurv..
and not mandatorv.
56
Nothing contained in this ordinance is intended to be,not 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 ordinance or be a reason or a
consequence of any inspector,notice,order,in connection with the implementation or
enforcement of this ordinance,or by reason of any action of the City related in any
manner to enforcement of this ordinance by its officers,agents or employees.
SECTION 5.10 SEVERABILITY
The provisions of this ordinance are declared to be separate and severable.The
invalidity of any clause,sentence,paragraph,subdivision,section or portion of this
ordinance to any person or circumstance shall not affect the validity of the remainder of
this ordinance or the validity of its application to other persons or circumstances.
PASSED by the City Council and APPROVED by the Mayor this ~day of~",b-,1992.
CITY OF MARYSVILLE
By UflMi/Ukuj
MAYOR
ATTEST:
~p 1BY'<JJh ..<?hvH=~~c:::':>5 CITY CLERK
Approved as to form:
,
CITY OF MARYSVILLE
NOTICE OF ADOPTION OF ORDINANCE
PLEASE TAKE NOTICE that the Ordinance described below has
been enacted by the Mayor and City Council of the City of
Marysville.The full text of said Ordinance will be mailed to
any person,for no charge,upon written request directed to the
City Clerk,Marysville City Hall,514 Delta Avenue,Marysville,
Washington 98270.
Ordinance Number:;../,-9~2=g:.-_
Date of Enactment:_1::..2::.--=.1...04_-.=.9.,::2 _
Effective Date:5 days after the date
of this publication
Title of Ordinance:An Ordinance of the City of Marysville,
Washington adopting interim regulations,managements
standards and criteria for sensitive areas.
Summary of Ordinance:The City's Sensitive Areas Ordinance,
adopted as required by the Growth Management Act (RCW
36.70 A)contains standards,guidelines,criteria,and
requirements intended to identify,analyze,and mitigate
potential impacts to Wetlands,Fish and Wildlife Habitat
areas and Geologic Hazard areas.The ordinance is also
intended to implement the goals and pOlicies of the
Marysville Comprehensive Plan,serve as a basis for
exercise of the city's substantive authority under SEPA
and to coordinate environmental review and permitting
of proposals to avoid duplication and delay.
BIUI.LIP E.llElC'±'ER,City Clerk
/41"",:;S~"SDn.