§ 18.01.070 Performance standards | Cle Elum Municipal Code

18.01.070 Performance standards.

The following general performance standards shall apply to activities permitted within critical areas or critical area buffers. Additional standards may be necessary based on site specific considerations or proposed development impacts.

1. General measures to minimize impacts to wetlands:

a. Lights shall be directed away from the wetland.

b. Activities that generate noise shall be located away from the wetland, or noise impacts shall be minimized through design or insulation techniques.

c. Toxic runoff from new impervious surface area shall be directed away from wetlands.

d. Treated stormwater runoff may be allowed into vegetated wetland buffers in accordance with provisions of the Eastern Washington Stormwater Manual. Channelized flow shall be prohibited.

e. Use of pesticides, insecticides and fertilizers within one hundred fifty feet of wetland boundary shall be limited and follow best management practices (BMPs) in Table 18.02-2.

a. The following buffer widths have been established in accordance with the best available science. They are based on the category of wetland and the habitat score as determined by a qualified wetland professional using the Washington State Wetland Rating System for Eastern Washington: 2014 Update (Ecology Publication No. 14-06-030, or as revised and approved by Ecology). The adjacent land use intensity is assumed to be high. For wetlands that score six points or more for habitat function, the buffers in Table 18.01-1 can be used.

b. For wetlands that score three to five habitat points, only the measures in Table 18.01-2 are required for the use of Table 18.01-1.

c. If an applicant chooses not to apply the mitigation measures in Table 18.01-2, or chooses not to provide a protected corridor where available, then Table 18.01-3 must be used.

d. The buffer widths in Tables 18.01-1 and 18.01-3 assume that the buffer is vegetated with a native plant community appropriate for the ecoregion. If the existing buffer is unvegetated, sparsely vegetated, or vegetated with invasive species that do not perform needed functions, the buffer should either be planted to create the appropriate plant community or the buffer should be widened to ensure that adequate functions of the buffer are provided.

Table 18.01-1. Standard Wetland Buffer Requirements
In feet, if Table 18.01-2 is implemented and a habitat corridor is provided
Category of Wetland	Habitat Score 3 – 5 Points (Corridor Not Required)	Habitat Score 6 – 7 Points	Habitat Score 8 – 9 Points	Buffer Width Based on Special Characteristics
Category I and II: Based on rating of wetland functions (and not listed below)	75	110	150	NA
Category I and II: Forested	75	110	150	NA
Category I: Bogs, calcareous fens, and wetlands of high conservation value	NA	NA	NA	190
Category I: Alkali	NA	NA	NA	150
Category II: Vernal pool	NA	NA	NA	150
Category III	60	110	150	NA
Category IV	40	40	40	NA

Impact Minimization Measures. Developments that produce the listed disturbances and are requesting a buffer reduction are required to address the disturbance through the use of applicable minimization measures.

This is not a complete list of measures, nor is every example measure required. Though not every measure is required, all effort should be made to implement as many measures as possible. Regulatory staff should determine, in coordination with the applicant, which measures are applicable and practicable.

Table 18.01-2. Required Measures to Minimize Impacts to Wetlands
Examples of Disturbance	Activities and Uses That Cause Disturbances	Examples of Measures to Minimize Impacts
Lights	• Parking lots • Commercial/industrial • Residential • Recreation (e.g., athletic fields) • Agricultural buildings	• Direct lights away from wetland • Only use lighting where necessary for public safety and keep lights off when not needed • Use motion-activated lights • Use full cut-off filters to cover light bulbs and direct light only where needed • Limit use of blue-white colored lights in favor of red-amber hues • Use lower-intensity LED lighting • Dim light to lowest acceptable intensity
Noise	• Commercial • Industrial • Recreation (e.g., athletic fields) • Residential agriculture	• Locate activity that generates noise away from wetland • Construct a fence to reduce noise impacts on adjacent wetland and buffer • Plant a strip of dense shrub vegetation adjacent to wetland buffer
Toxic Runoff	• Parking lots • Roads • Commercial/industrial • Residential areas • Application of pesticides • Landscaping • Agriculture	• Route all new, untreated runoff away from wetland while ensuring wetland is not dewatered • Establish covenants limiting use of pesticides within 150 ft. of wetland • Apply integrated pest management (Note: These examples are not necessarily adequate for minimizing toxic runoff if threatened or endangered species are present at the site.)
Stormwater runoff	• Parking lots • Roads • Residential areas • Commercial/industrial • Recreation landscaping/lawns • Other impermeable surfaces, compacted soil, etc.	• Retrofit stormwater detention and treatment for roads existing adjacent development • Prevent channelized or sheet flow from lawns that directly enters the buffer • Infiltrate or treat, detain, and disperse new runoff from impervious surfaces and lawns
Pets and human disturbance	• Residential areas • Recreation	• Use privacy fencing • Plant dense native vegetation to delinate buffer edge and to discourage disturbance • Place wetland and its buffer in a separate tract • Place signs around the wetland buffer every 50 – 200 ft., and for subdivisions place signs at the back of each residential lot • When platting new subdivisions, locate greenbelts, stormwater facilities, or other lower-intensity land uses adjacent to wetland buffers
Dust	• Tilled fields • Roads	• Use best management practices to control dust

Table 18.01-3. Standard Wetland Buffer Requirements if Table 18.01-2 Is Not Implemented
	Buffer Width (In Feet) Based on Habitat Score
Wetland Category	3 – 5	6 – 7	8 – 9
Category I: Based on total score	100	150	200
Category 1: Forested	100	150	200
Category I: Bogs and Wetlands of High Conservation Value	250 (buffer width not based on habitat scores)
Category I: Alkali	200 (buffer width not based on habitat scores)
Category II: Based on total score	100	150	200
Category II: Vernal Pool	200 (buffer width not based on habitat scores)
Category II: Forested	100	150	200
Category III (all)	80	150	200
Category IV (all)	50

3. All wetland buffers shall be measured perpendicular from the wetland boundary as surveyed in the field. The buffer for a wetland created, restored, or enhanced as compensation for approved wetland alterations shall be the same as the buffer required for the category of the created, restored, or enhanced wetland. Buffers must be fully vegetated in order to be included in buffer area calculations.

4. Interrupted Buffer. When a wetland buffer contains an existing legally established public road or private access road, the city may allow development on the landward side of the road; provided, that the development will not have a detrimental impact to the wetland. The applicant may be required to provide a wetland critical area report to describe the potential impacts. In determining whether a critical areas report is necessary, the city shall consider the hydrologic, geologic, and/or biological habitat connection potential and the extent and permanence of the buffer interruption.

5. Increased Wetland Buffers. The city shall increase wetland buffer zone widths for a development project on a case-by-case basis when a larger buffer is necessary to protect wetland functions and values. Such determination shall be based on site-specific and project-related conditions which include, but are not limited to, the following circumstances:

a. Wetland sites with known locations of state priority or federally listed endangered, threatened, or sensitive species for which a habitat management plan indicates a larger buffer is necessary to protect habitat values for such species; or

b. The adjacent land is susceptible to severe erosion, and erosion control best management practices will not effectively prevent adverse wetland impacts;

c. Wetland sites in geologically hazardous areas or where adjacent land has slopes greater than thirty percent.

6. Wetland Buffer Condition. Wetland buffer areas shall be retained in a natural condition or may be improved to enhance buffer functions and values. Where buffer disturbance is allowed pursuant to this section, revegetation with native vegetation shall be required. Alterations of the buffer that are not associated with a development or listed as an exemption under CEMC Section 18.01.080 shall be prohibited.

7. Building Setback. A fifteen-foot building setback is required from the landward edge of any wetland buffer. Minor intrusions into the area of the building setback may be allowed if the city determines that such intrusions will not negatively impact the wetland. The setbacks shall be shown on all site plans submitted with the application.

8. Buffer Averaging. The city may allow, at its sole discretion, modification of standard wetland buffer width in accordance with the report and the best available science on a case-by-case basis by averaging buffer widths. Where the city allows modification of standard wetland buffer width this modification may only be allowed where a qualified wetlands professional demonstrates that:

a. It will not reduce wetland functions or values;

b. The wetland contains variations in sensitivity due to existing physical characteristics or the character of the buffer varies in slope, soils, or vegetation, and the wetland would benefit from a wider buffer in places and would not be adversely impacted by a narrower buffer in other places;

c. The total area contained in the buffer area after averaging is equal to the area required without averaging; and

d. The minimum width of the buffer at any given point is at least seventy-five percent of the standard width unless the applicant demonstrates an acceptable reasonable use as described in CEMC Section 18.01.090. Total buffer area after averaging must equal the area required without averaging.

9. Before impacting any wetland or its buffer, an applicant shall demonstrate that the following actions have been taken. Mitigation plans shall include a discussion of mitigation alternatives (sequencing) as they relate to:

a. Avoid the impact altogether by not taking a certain action or parts of an action.

b. Minimize impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts.

c. Rectify the impact by repairing, rehabilitating, or restoring the affected environment.

d. Reduce or eliminate the impact over time by preservation and maintenance operations.

e. Compensate for the impact by replacing, enhancing, or providing substitute resources or environments.

f. Monitor the required compensation and take remedial or corrective measures when necessary.

10. Wetland Compensatory Mitigation. Compensatory mitigation is required for all alterations to wetlands or their buffers, except for city-approved buffer averaging.

a. Compensatory mitigation for alterations to wetlands shall be used only for impacts that cannot be avoided or minimized and shall achieve equivalent or greater biologic functions.

b. Compensatory mitigation plans shall be consistent with Wetland Mitigation in Washington State – Part 2: Developing Mitigation Plans – Version 1 (Ecology Publication No. 06-06-011b, Olympia, WA, March 2006 or as revised), and Selecting Wetland Mitigation Sites Using a Watershed Approach (Eastern Washington) (Publication No. 10-06-07, November 2010 or as revised).

c. Mitigation ratios shall be consistent with Table 18.01-2.

d. Preference of Mitigation Actions. Mitigation actions that require compensation by replacing, enhancing, or substitution shall occur in the following order of preference:

i. Restoring and/or rehabilitating filled or altered wetlands to their predevelopment or near predevelopment condition.

ii. Creating wetlands on disturbed upland sites such as those with vegetative cover consisting primarily of nonnative introduced species. This should only be attempted when there is a consistent source of hydrology and it can be shown that the surface and subsurface hydrologic regime is conductive for the wetland community that is being designed.

iii. Enhancing significantly degraded wetlands in combination with restoration or creation.

e. Mitigation for Lost or Affected Functions. Compensatory mitigation actions shall replace functions affected by the alteration and shall provide equal or greater functions compared to the impacted wetland.

f. Mitigation Timing. Mitigation projects shall be completed prior to activities that will disturb wetlands. In all other cases, mitigation shall be completed immediately following disturbance and prior to use or occupancy of the activity or development. Construction of mitigation projects shall be timed to reduce impacts to existing fisheries, wildlife, and flora.

g. Delay in Mitigation. The city may authorize a one-time temporary delay, up to one hundred twenty days, in completing minor construction and landscaping when environmental conditions could produce a high probability of failure or significant construction difficulties. The delay shall not create or perpetuate hazardous conditions or environmental damage or degradation, and the delay shall not be injurious to the health, safety, and general welfare of the public. The request for the temporary delay must include a written justification that documents the environmental constraints which preclude implementation of the mitigation plan. The justification must be verified and approved by the city and include a financial guarantee.

h. Mitigation Ratios for Wetland Impacts. Mitigation ratios shall be used when impacts to wetlands cannot be avoided, as specified in Table 18.01-4. The first number specifies the acreage of replacement wetlands and the second specifies the acreage of wetlands altered. Compensatory mitigation shall restore, create, rehabilitate or enhance equivalent or greater wetland functions. The ratios shall apply to mitigation that is in kind, is on site, is the same category, is timed prior to or concurrent with alteration, and has a high probability of success. If available, these ratios do not apply to remedial actions resulting from unauthorized alterations; greater ratios shall apply in those cases. These ratios do not apply to the use of credits from a certified wetland mitigation bank or in-lieu fee program. When credits from a certified bank or in-lieu fee program are used, replacement ratios should be consistent with the requirements of the bank’s/program’s certification.

Table 18.01-4. Wetland Mitigation Ratios for Unavoidable Wetland Impacts
Category and Type of Wetland	Creation or Re-establishment¹^, ²	Rehabilitation¹^, ²	Enhancement¹^, ³
Category I: Bog, Natural Heritage Site	Not considered possible	Case-by-case	Case-by-case
Category I: Mature Forested	6:1	12:1	24:1
Category I: Based on Functions	4:1	8:1	16:1
Category II	3:1	6:1	12:1
Category III	2:1	4:1	8:1
Category IV	1.5:1	3:1	6:1

1Natural heritage sites, alkali wetlands, and bogs are considered irreplaceable wetlands because they perform special functions that cannot be replaced through compensatory mitigation. Impact to such wetlands would therefore result in a net loss of some functions no matter what kind of mitigation is provided.

2Provides gains in a whole suite of functions at both the site and landscape scale. Rehabilitation actions often focus on restoring environmental processes that have been disturbed or altered by previous ongoing human activity.

3Actions which provide gains in only a few functions. Enhancement actions often focus on structural or superficial improvements to a site and generally do not address larger scale environmental processes.

4Compensatory mitigation for vernal pool impacts must be seasonally ponded wetland area(s).

i. Increased Replacement Ratios. The city shall increase the wetland mitigation ratios under the following circumstances:

i. Uncertainty exists as to the probable success of the proposed restoration or creation;

ii. A significant period of time will elapse between impact and replication of wetland functions;

iii. Proposed mitigation will result in a lower category wetland or reduced functions relative to the wetland being impacted; or

iv. The impact was an unauthorized impact.

j. Alternative Mitigation Ratios. The city may approve different mitigation ratios when the applicant proposes a combination of wetland creation, restoration, rehabilitation, and/or enhancement, provided that federal and state resource agencies approve the mitigation plan.

k. Mitigation Ratios for Wetland Buffer Impacts. To mitigate impacts to functions and values of buffers, a minimum buffer ratio of 1:1 (alteration area: mitigation area) is required. This ratio assumes that creation/ restoration of wetland buffer with appropriate native vegetation is sufficient to compensate for the wetland buffer functions and values affected by alteration of existing wetland buffer. If enhancement of an existing wetland buffer is proposed as mitigation, a higher mitigation ratio may be required. For any proposed wetland buffer activities, the applicant must show that the functions and values of the altered wetland buffer will be fully replaced by the proposed mitigation. The city may increase the buffer mitigation ratios under the following circumstances:

i. The replacement ratio needed to recover the lost functions and values of buffer area is greater than 1:1 based upon the existing type of vegetative cover of either the impact site or the proposed mitigation site;

ii. Uncertainty exists as to the probable success of the proposed restoration or creation;

iii. A significant period of time will elapse between impact and replication of wetland functions;

iv. The impact was an unauthorized impact.

l. Mitigation Banking and In-Lieu Fee (ILF) Mitigation. The city may establish a mitigation bank and ILF program as a form of compensatory mitigation for wetland and habitat conservation area impacts. If established, the bank and ILF program shall be certified in accordance with applicable federal and state mitigation rules.

m. Monitoring. Mitigation monitoring shall be required for a period necessary to establish that performance standards have been met, but not for a period less than five years. This period may be longer for more fragile mitigation proposals such as those containing woody vegetation. The project mitigation plan shall include monitoring elements that ensure certainty of success for the project’s natural resource values and functions. If the mitigation goals are not obtained within the initial five-year period, the applicant remains responsible for restoration of the natural resource values and functions until the mitigation goals agreed to in the mitigation plan are achieved.

1. New development in a critical aquifer recharge area shall meet the following standards:

a. The proposed development will not cause contaminants to enter the aquifer and will not significantly adversely affect the recharging of the aquifer.

b. The proposed development must comply with applicable water source protection requirements and recommendations of the federal Environmental Protection Agency, Washington State Department of Health, and the Kittitas County health department.

c. The proposed development must be designed and constructed in accordance with applicable stormwater management standards.

d. Impervious coverage of the lot shall be minimized.

2. When located within an area of medium or high aquifer susceptibility, aboveground/underground storage tanks or vaults for the storage of hazardous substances, animals wastes, sewage sludge, fertilizers, or other chemical or biological hazards or dangerous wastes as defined in Chapter 173-303 WAC, or any other substances, solids, or liquids in quantities identified by Kittitas County public health, consistent with Chapter 173-303 WAC, as a risk to groundwater quality, shall be designated and constructed so as to:

a. Prevent the release of such substances to the ground, groundwaters, or surface waters;

b. Be contained or enclosed by an impervious containment area with a volume greater than the volume of the storage tank or vault to avoid an overflow of the containment area;

c. Provide for release detection;

d. Provide written spill response and spill notification procedures to the local fire district;

e. Use material in the construction or lining of the storage containment area which is compatible with the substance to be stored to protect against corrosion or leakage, or otherwise designed in a manner to prevent the release or threatened release of any storage substance; and

f. Comply with Chapters 173-303 and 173-360 WAC.

g. The tanks must comply with Ecology regulations contained in Chapters 173-303 and 173-360 WAC as well as International Building Code requirements.

3. The city may grant a waiver from one or more of the above requirements (in subsections (B)(2)(a) through (g) of this section) upon a finding that the aboveground storage activity would not create a significant risk to groundwater quality. Aboveground or underground storage facilities designed and maintained according to an approved plan from the Natural Resources Conservation Service or Kittitas County conservation district are exempt from these requirements but remain under the jurisdiction of the city to ensure compliance with the protective features of this section and for enforcement purposes.

4. The use of fertilizers, herbicides, pesticides, or other chemicals for vegetation management within critical aquifer recharge areas shall adhere to the best management practices to prevent impacts to water quality and water supply. Where the application of such chemicals covers five or more acres, a mitigation plan shall be required pursuant to the regulations listed below.

5. The following development activities, when proposed in medium or high susceptibility critical aquifer recharge areas, have the potential to adversely affect groundwater quality and/or quantity and may only be allowed subject to the city’s review and approval of a special hydrogeological assessment prepared by a qualified professional:

a. Vehicle repair, servicing and salvaging facilities; provided, that the facility must be conducted over impermeable pads and within a covered structure capable of withstanding normally expected weather conditions. Chemicals used in the process of vehicle repair and servicing must be stored in a manner that protects them from weather and provides containment should leaks occur. Dry wells shall not be allowed on sites used for vehicle repair and servicing. Dry wells existing on the site prior to facility establishment must be abandoned using techniques approved by Ecology prior to commencement of the proposed activity.

b. Use of reclaimed wastewater must be in accordance with adopted water or sewer comprehensive plans that have been approved by Ecology.

c. Any other development activity that the city determines is likely to have a significant adverse impact on groundwater quality or quantity, or on the recharge of the aquifer. The determination must be made based on credible scientific information.

d. New landfills, including hazardous or dangerous waste, municipal solid waste, special waste, wood waste of more than two thousand cubic yards, and inert and demolition waste landfills.

e. Underground Injection Wells. Class I, III, and IV wells and subclasses 5D03, 5F01, 5F04, 5N24, 5W09, 5W10, 5W11, 5W31, 5X13, 5X14, 5X15, 5W20, and 5X28 of Class V wells.

f. Wood treatment facilities that allow any portion of the treatment process to occur over permeable surfaces (both natural and manmade).

g. Facilities that store, process, or dispose of chemicals containing perchloroethylene (PCE) or methyl tertiary butyl ether (MTBE).

6. State and Federal Regulations. The uses listed below shall be conditioned as necessary to protect critical aquifer recharge areas in accordance with the applicable state and federal regulations.

Activity	Statute – Regulation – Guidance
Above Ground Storage Tanks	WAC 173-303-640
Animal Feedlots	Chapters 173-216 and 173-220 WAC
Automobile Washers	Chapter 173-216 WAC, Best Management Practices for Vehicle and Equipment Discharges (Ecology WQ-R-95-56)
Below Ground Storage Tanks	Chapter 173-360 WAC
Chemical Treatment Storage and Disposal Facilities	WAC 173-303-282
Hazardous Waste Generator (Boat Repair Shops, Biological Research Facility, Dry Cleaners, Furniture Stripping, Motor Vehicle Service Garages, Photographic Processing, Printing and Publishing Shops, etc.)	WAC 173-303-170
Injection Wells	40 CFR Parts 144 and 146, Chapter 173-218 WAC
Spills and Discharges into the Environment	WAC 173-303-145
Junk Yards and Salvage Yards	Chapter 173-304 WAC, Best Management Practices to Prevent Stormwater Pollution at Vehicles Recycler Facilities (Washington State Department of Ecology WDOE 94-146)
Oil and Gas Drilling	Chapter 173-218 WAC, WAC 332-12-450
On-Site Sewage Systems (Large Scale)	Chapter 173-240 WAC
On-Site Sewage Systems (< 14,500 gal/day)	Chapter 246-272 WAC, Local Health Ordinances
Pesticide Storage and Use	Chapters 15.54 and 17.21 RCW
Sawmills	Chapters 173-303 and 173-304 WAC, Best Management Practices to Prevent Stormwater Pollution at Log Yards (Washington State Department of Ecology WDOE 95-53)
Solid Waste Handling and Recycling Facilities	Chapter 173-304 WAC
Surface Mining	WAC 332-18-015
Waste Water Application to Land Surface	Chapters 173-200 and 173-216 WAC, WDOE Washington State Department of Ecology Land Application Guidelines, Best Management Practices for Irrigated Agriculture

a. Stream buffer widths are established to protect the integrity, functions and values of all streams as classified according to WAC 22-16-030 based on best available science. The city’s stream buffer widths are based on the specific fish and wildlife conservation areas as follows:

i. Type S streams are shorelines of the state that are regulated by the city’s shoreline master program (SMP). The buffer widths for these streams are provided within the city’s SMP.

ii. Crystal Creek buffer width is the width of the riparian management zone (RMZ) based on the site-potential tree height at two hundred years (SPTH) measured horizontally from the channel migration zone.

iii. All other WAC 222-16-030 classified streams, not located within the shoreline master program shoreline jurisdiction, shall have stream buffers based on stream typing as detailed in Table 18.01-5, and measured horizontally from the ordinary high water mark.

Table 18.01-5. Stream Buffer Requirements
Stream Type Standard Buffer Width
Type F	50 ft
Type Np	25 ft
Type Ns	25 ft

b. Wildlife buffer widths are established to protect the integrity, functions, and values of all listed and/or priority wildlife species. Buffer widths have been determined in accordance with the best available science. The city shall require a one-hundred-foot buffer from the documented present listed and/or priority wildlife species.

c. Multiple Buffers. In the event that buffers for any fish habitat conservation areas or other critical areas are contiguous or overlapping, the landward-most edge of all such buffers shall apply.

d. Stream buffers shall not be altered except as authorized by this section.

e. No clearing of vegetation or land disturbances shall be allowed within the wildlife habitat conservation area or associated terrestrial buffer area without an approved mitigation plan and written authorization from the city.

f. Increased Buffers. The city has the authority to increase the stream and wildlife buffer widths when such buffers protect priority PHS species utilizing the fish and wildlife habitat conservation areas. This determination shall be supported by appropriate documentation from the Department of Ecology and Fish and Wildlife, showing that the increased buffer width is reasonably related to the protection of the fish and/or wildlife. The increased buffer distance may be limited to those areas that provide connectivity or are necessary to protect habitat functions. Increasing the buffer widths will only be done where necessary to preserve the structure, function and value of habitat.

g. Buffer Condition. Fish and wildlife habitat conservation area buffers shall be maintained in a predominantly well vegetated and undisturbed condition. No alterations shall occur without written authorization from the city.

h. Interrupted Buffer. When a fish and wildlife habitat conservation area buffer is impacted by an existing legally established public road or private access road, and/or buildings, the city may determine that the fish and wildlife habitat conservation area buffer does not extend landward of the existing improvements; provided, that the proposed use and/or development will not have a detrimental impact to the stream. The applicant may be required to provide a critical areas report to ensure that there is no detrimental impact to the stream or a loss of ecological function. In determining whether a fish and wildlife habitat conservation area critical areas report is necessary, the city shall consider the hydrologic, geologic, and/or biological habitat connection potential and the extent and permanence of the buffer interruption.

i. Buffer Averaging. The city may allow modification of standard fish and wildlife habitat conservation area buffer in accordance with an approved critical area report on a case-by-case basis. With buffer averaging, the buffer width may be reduced in one location and increased in another location to maintain the same overall buffer area provided there is no net loss in the function or value of the buffer. Proposals for buffer averaging shall not require compensatory mitigation if the following conditions are met:

i. The development is not a residential subdivision of more than four lots;

ii. The buffer has not been averaged or reduced by any prior actions administered by the city;

iii. No feasible site design could be accomplished without buffer averaging;

iv. The buffer averaging will not reduce stream or habitat functions or adversely affect salmon or trout habitat;

v. The minimum width of the Crystal Creek stream buffer, if applicable, is not less than one hundred feet. All other WAC 222-16-030 classified streams shall have a minimum buffer width at any given point of at least seventy-five percent of the standard width, or twenty-five feet, whichever is greater, unless the applicant demonstrates an acceptable reasonable use as described in CEMC Section 18.01.090; and

vi. The area that is added to the buffer to offset the reduction is well vegetated. The city may require vegetation enhancement if needed to ensure this criterion is met.

j. Prior to approving a request for buffer averaging, the city shall ensure the development is designed to separate and screen the stream from impacts such as noise, glare, and vegetation trampling. The site design shall consider the varying degrees of impacts of different land uses. For example, parking lots, store entrances, and roads generally have higher noise and glare impacts than the rear of the store. Site screening should take advantage of natural topography or existing vegetation, wherever possible. Where natural screening is not available, berms, landscaping, and structural screens should be implemented (e.g., orient buildings to screen parking lots and store entrances from critical areas).

k. Building Setback. A fifteen-foot building setback required from the landward edge of any stream buffer. Minor intrusions into the area of the building setback may be allowed if the city determines that such intrusions will not negatively impact the stream. The setbacks shall be shown on all site plans submitted with the application.

i. All activities, uses, and alterations proposed to be located in water bodies used by anadromous fish or in areas that affect such water bodies shall adhere to the following standards:

(A) Activities shall be timed to occur only during the allowable work window as designated by the Department of Fish and Wildlife for the applicable species;

(B) An alternative alignment or location for the activity is not feasible;

(C) The activity is designed so that it will not degrade the functions or values of the fish habitat or other critical areas; and

(D) Any impacts to the functions or values of the habitat conservation area are mitigated in accordance with an approved critical area report.

ii. Structures that prevent the migration of salmonids shall not be allowed in the portion of water bodies currently or historically used by anadromous fish. Fish bypass facilities shall be provided that allow the upstream migration of adult fish and shall prevent fry and juveniles migrating downstream from being trapped or harmed.

iii. Fills shall not adversely impact anadromous fish or their habitat or shall mitigate any unavoidable impacts, and shall only be allowed for a water-dependent use.

m. Fish and wildlife habitat compensatory mitigation is required for all alterations to fish and wildlife habitat or their buffers, except for buffer averaging.

n. Applicants shall demonstrate that all reasonable efforts have been examined with the intent to avoid and minimize impacts to critical areas through mitigation sequencing.

o. Fish and Wildlife Habitat Management and Mitigation Plan. For unavoidable impacts to wildlife habitat conservation areas, a wildlife habitat management and mitigation plan shall be prepared by a wildlife biologist who is knowledgeable of fish and wildlife habitat within Kittitas County. The wildlife habitat management and mitigation plan shall:

i. Demonstrate, when implemented, that there shall be no net loss of ecological function of habitat.

ii. Identify how impacts from the proposed project shall be mitigated, as well as the necessary monitoring and contingency actions for the continued maintenance of the wildlife habitat conservation area and its associated buffer.

p. In addition to the general mitigation plan requirements described above, the fish and wildlife habitat management and mitigation plan shall contain a report containing, but not limited to, the following information:

i. A map or maps indicating the ordinary high water mark; the boundary of the habitat conservation areas; associated stream and wildlife habitat buffers; the width and length of all existing and reposed structures, utilities, roads, easements; wastewater and stormwater facilities; adjacent land uses, zoning districts and comprehensive plan designations;

ii. A description of the proposed project including the nature, density and intensity of the proposed development and the associated grading, structures, roads, easements, wastewater facilities, stormwater facilities, utilities, etc., in sufficient detail to allow analysis of such land use change upon the habitat conservation area;

iii. A description of the vegetation in the habitat conservation area, on the overall project site and adjacent to the site;

iv. A detailed description of the proposed project’s effect on the habitat conservation area, and a discussion of any federal, state or local management recommendations which have been developed for the species or habitats in the area;

v. An explanation of how any adverse impacts created by the proposed development will be mitigated, including the following techniques:

(A) Establishment of buffer zones;

(B) Preservation of critically important plants and trees;

(D) Implementation of erosion and sediment control measures;

(E) Limitation of access to the habitat conservation area;

(F) Seasonal restriction of construction activities;

(G) Habitat enhancement (i.e., fish passage barrier removal);

(H) Any other requirements and/or recommendations from WDFW’s habitat management guidelines;

(I) Establishment of a timetable for periodic review of the plan. This includes a program for monitoring construction of the compensation project, and for assessing a completed project. The project shall be monitored for a period necessary to establish that performance standards have been met, but not for a period less than five years; and

(J) Contingency plan if monitoring and evaluation indicates project performance standards are not being met.

1. General Standards. The following standards apply to all frequently flood areas:

a. All structures and other improvements shall be located on the buildable portion of the site out of the area of flood hazard. Where necessary, residential buildings may be elevated.

b. Utilities shall either be located three or more feet above the base flood elevation (BFE), or be engineered to the city of Cle Elum engineer’s requirements appropriate for the conditions.

c. All new construction and substantial improvements shall be constructed using flood resistant materials and using methods and practices that minimize flood damage.

d. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.

e. No rise in the BFE shall be allowed. Post and piling techniques are preferred and are presumed to produce no increase in the BFE.

f. In areas within base flood elevations (but a regulatory floodway has not been designated), no new construction, substantial improvements, or other development (including fill) shall be permitted unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.

2. Floodways. Any development, encroachment, clearing and grading, new construction, or substantial improvements, including structures that do not require a building permit, shall be prohibited within the floodway, except as allowed in CEMC Section 18.01.080, Exemptions, and the following:

a. Agricultural activities that do not require the installation of structures and that do not have any associated fill.

b. Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications, which are solely necessary to assure safe living conditions.

c. Prior to the repair or replacement of a substantially damaged residential structure located within a floodway, a recommendation shall be obtained from the Washington Department of Ecology in accordance with WAC 173-158-076.

3. All developments shall be subject to provisions of CEMC Chapter 15.24, Flood Hazard Prevention. If CEMC Chapter 15.24, Flood Hazard Prevention, standards conflict with the frequently flood area performance standards provided above, the later shall supersede.

4. When compensatory mitigation is required, the flooded areas mitigation plans shall be prepared by a civil engineer licensed in the state of Washington and familiar with hydrology, hydraulics, and fluvial geomorphology.

1. The following general standards apply to proposed development activities within or near geologically hazardous areas:

a. Will not increase the threat of the geological hazard to adjacent properties beyond predevelopment conditions;

b. Will not adversely impact other critical areas;

c. Are designed so that the hazard to the project is eliminated or mitigated;

d. Structures and improvements should be located to preserve the most critical portion of the site and its natural landforms and vegetation;

e. Structures and improvements shall minimize alterations to the natural contour of the slope, and foundations shall be tiered where possible to conform to existing topography; and

f. Development shall be designed to minimize impervious surfaces within the critical area and critical area buffer.

g. A proposed development cannot be approved if it is determined by the city, following review of the geotechnical report, that either the proposed development or adjacent properties will be at risk of damage from the geologic hazard, or that the project will increase the risk of occurrence of the hazard, and there are no adequate mitigation measures to alleviate the risks.

2. A buffer shall be established from all edges of erosion and landslide hazard areas. The size of the buffer shall be determined by the planning director to eliminate or minimize the risk of property damage, death, or injury resulting from landslides caused in whole or part by the development, based upon review of, and concurrence with, a geotechnical report prepared by a qualified professional:

a. The minimum buffer shall be equal to the height of the slope or fifty feet, whichever is greater;

b. The buffer may be reduced to a minimum of ten feet based on a finding by the city following review of the geotechnical report recommendations that the reduction will adequately protect the proposed development, adjacent developments and uses, and the subject critical area;

c. The buffer may be increased where based on a finding by the city following review of the geotechnical report determines a larger buffer is necessary to prevent risk of damage to proposed and existing development;

3. A building setback of twenty feet shall be provided from all edges of the geological hazard area buffers. The building setback may be reduced based on a finding by the city following review of the geotechnical report recommendations that the reduction will adequately protect the proposed development, adjacent developments and uses, and the subject critical area;

4. Alterations of an erosion or landslide hazard area and/or buffer may only occur for activities for which a hazards analysis is submitted and based on findings by the city following review of the geotechnical report that:

a. The development will not increase surface water discharge or sedimentation to adjacent properties beyond predevelopment conditions;

b. The development will not decrease slope stability on adjacent properties; and

c. Such alterations will not adversely impact other critical areas and are certified as safe as designed and under anticipated conditions by a qualified professional, licensed in the state of Washington.

5. Unless otherwise provided or as part of an approved alteration, removal of vegetation from an erosion or landslide hazard area or related buffer shall be prohibited.

6. On-site sewage disposal systems, including drain fields, shall be prohibited within erosion and landslide hazard areas and related buffers.

7. Critical facilities, such as hospitals and emergency response centers, shall not be sited within geologically hazardous areas unless there is no other practical alternative.

8. When compensatory mitigation is required, the geologically hazardous areas mitigation plan shall be prepared by a qualified professional who is either a geologist or a geotechnical engineer, or a civil engineer licensed in the state of Washington, who is knowledgeable of regional geologic conditions and who has professional experience in landslide and erosion hazard evaluation, mitigation plan design, implementation, and monitoring.