18.01.055 Determination.
A. Each development permit shall be reviewed to determine if the proposal is within a critical area or critical area buffer.
B. Wetlands. A wetland assessment prepared by a qualified wetlands specialist is required for projects situated within two hundred feet of a known or suspected wetland and shall include the following:
1. The category and precise location of the boundary of the wetland(s); and
2. Delineated wetlands and required buffers within two hundred feet of the project area shall be depicted on the site plan. Best available information includes, but is not to be limited to, aerial photos, soils maps, and/or topographic maps; and
3. An analysis of the on-site wetland(s) including the following site- and proposal-related information:
a. Documentation of any fieldwork performed on the site, including but not limited to field delineation data sheets for delineations, the wetland rating forms, and baseline hydrologic data;
b. A description of the methodologies used to conduct the wetland delineations; and the vegetative, faunal, and hydrologic characteristics of the wetland.
C. Critical Aquifer Recharge Area.
1. As stated in CEMC Section 18.01.030(C), the entire city limits are presumed to be located within a critical aquifer recharge area unless a hydrogeologic study demonstrates otherwise. This is a preliminary determination until further studies of geology and hydrology are conducted on an overall or individual property specific basis to either include or exclude them as an aquifer recharge area.
2. All critical aquifer recharge areas shall be classified as having either a high, medium, or low aquifer recharge potential. At a minimum, classification shall be based on soil permeability and recharge potential as described within the Soil Survey of Kittitas County. Where adequate information is available, aquifer recharge potential shall be further classified based on the recharge potential of surficial geologic materials, presence or absence of restrictive layers, surface and groundwater monitoring data, wellhead protection areas, depth to groundwater, topography (i.e., slopes), and locally adopted groundwater protection plans and studies. Land classified as having a high, medium, or low aquifer recharge potential shall also be classified as having a high, medium, or low susceptibility to contamination of an underlying aquifer, respectively. Based on these criteria, the potential for recharging aquifers or transmitting contaminants to the underlying aquifer is greatest where the aquifer is close to the ground surface, where ground surface slopes are minimal, and where the recharge potential of the soils and/or surficial geologic material is greatest. All wellhead protection areas shall be designated as highly susceptible critical aquifer recharge areas. This can be provided in the hydrogeologic study or separate memo prepared by a qualified professional.
D. Fish Habitat Conservation Area.
1. A critical areas report prepared by a qualified biologist is required if a proposed use or development is located within two hundred feet of a designated fish habitat conservation area and shall include the following:
a. Identify all streams as classified according to WAC 222-16-030.
b. If located within two hundred feet of Crystal Creek, identify the Riparian Management Zone, per Chapter 2 of the Washington Department of Fish and Wildlife Riparian Ecosystems, Volume 2: Management Recommendations. This includes identifying and denoting the channel migration zone and the site-potential tree height.
c. All fish and wildlife habitat conservation areas and required buffers within two hundred feet of the project area shall be depicted on the site plan;
d. The vegetative, faunal, topographic, and hydrologic characteristics of the fish and wildlife habitat conservation areas; and
e. A detailed discussion of the direct and indirect potential impacts on fish and wildlife habitat conservation areas by the project. Such discussion shall include a discussion of the ongoing management practices that will protect habitat after the project site has been developed.
2. A habitat management plan prepared by a qualified biologist is required for projects situated within two hundred feet of a known or suspected fish and wildlife habitat conservation area. The habitat management plan shall include a discussion of the potential direct and indirect impacts, as well as a discussion of the ongoing management practices that will protect habitat after the project site has been developed. The habitat management plan will include any relevant information and recommendations from the Washington Department of Fish and Wildlife habitat guidelines for the affected species and/or habitat. Based on the characteristics of the site, the city may require that all or a portion of the following be included in a habitat management plan:
a. A map drawn to scale or survey showing the location of the fish and wildlife habitat conservation area on the subject property, as well as the approximate location of any potential fish and wildlife habitat conservation area within two hundred feet of the subject property;
b. A description of the methodologies used to classify the water type and the associated fish;
c. Detailed description of vegetation and habitat characteristics within and adjacent to the site;
d. Identification of any endangered, threatened, sensitive, or candidate species that have a primary association with habitat on the project area, and assessment of potential project impacts to use of the buffer and critical area on the site by the species;
e. Methods and measures to avoid, minimize and/or compensate for adverse impacts associated with the proposed development, including but not limited to:
i. Prohibition or limitation of development activities within the fish and wildlife habitat conservation area;
ii. Establishment of a buffer around the fish and wildlife habitat conservation area;
iii. Retention of vegetation and/or revegetation of areas/habitats critically important to species;
iv. Special construction techniques;
v. Implementation of erosion and sediment control measures;
vi. Habitat enhancement (i.e., fish passage barrier removal);
vii. Seasonal restrictions on construction activities on the subject property;
viii. Clustering of development on the subject property; and
ix. Any other requirements and/or recommendations from WDFW’s habitat management guidelines.
E. Frequently Flooded Areas. A Federal Emergency Management Agency (FEMA) elevation certificate shall be required for new construction, any addition affixed to the side of a structure, and substantial improvements located within flood hazard areas. The most current version of the FEMA elevation certificate must be completed and certified by a professional land surveyor, currently licensed in the state of Washington, kept on file by the city for public inspection, recording the actual (as-built) elevation (in relation to mean sea level) of:
1. The lowest floor, including basement, of all new or substantially improved structures, whether or not the structure contains a basement;
2. For floodproofed nonresidential structures, where the structure was floodproofed (including floodproofing certifications).
F. Geological Hazard Areas Risk Assessment. If it is determined that a landslide, erosion, mine, volcanic and seismic hazard area hazard may be present on or adjacent to a proposed development site, the applicant shall submit a geologic hazard area risk assessment prepared by a professional engineer, engineering geologist, or geologist. The geologic hazard area risk assessment shall include a description of the geology of the site and the proposed development; an assessment of the potential impact the project may have on the geologic hazard; an assessment of what potential impact the geologic hazard may have on the project; appropriate mitigation measures, if any; and a conclusion as to whether further analysis is necessary. The assessment shall be signed by and bear the seal of the engineer or geologist who prepared it. No further analysis shall be required if the geologic hazard area risk assessment concludes that there is no geologic hazard present on the site, nor will the project affect or be affected by any potential geologic hazards that may be nearby. If the professional preparing the geologic hazard area risk assessment concludes that further analysis is necessary, the applicant shall submit a geotechnical report.
G. Geological Hazard Areas Geotechnical Report. If the geological hazard areas risk assessment requires further analysis, a geotechnical report is required. The geotechnical report shall include a certification from the professional preparing the report, including the professional’s stamp and signature. The geotechnical report shall include the following:
1. A detailed description of the geology and soil conditions of the site;
2. Evaluation of the geologic conditions giving rise to the geologic hazard;
3. An evaluation of the safety of the proposed project;
4. Conclusions and recommendations regarding the effect of geologic conditions on the proposed development;
5. Conclusions and recommendations on the suitability of the site to be developed;
6. A statement regarding the risk of damage from the project, both on and off site; and whether or not the project will materially increase the risk of occurrence of the hazard;
7. The report shall make a recommendation for the minimum no-disturbance buffer and minimum building setback from any geologic hazard based upon the geotechnical analysis.
8. Recommendations concerning drainage practices, vegetation retention and other mitigation and monitoring measures which may be needed to ensure slope stability;
9. Recommended erosion and sediment control measures;
10. A bibliography of scientific citations; and
11. Any other specific measures which must be incorporated into the design and operational plan of the project to eliminate or reduce the risk of damage due to the hazard. This shall include a recommendation on the required buffer or setback distance that must be maintained between the proposed development and the hazard to ensure the safety of the development.
H. All mitigation measures, construction techniques, recommendations and technical specifications provided in the geotechnical report shall be applied during the implementation of the proposal. The engineer of record shall submit sealed verification at the conclusion of construction that development occurred in conformance with the approved plans.