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HomeMy WebLinkAboutAgenda PC 2017 04-19Jefferson County Planning Commission MEETING AGENDA Tri-Area Community Center April 19, 2017 P: 360-379-4450 621 Sheridan St. F: 360-379-4451 Port Townsend WA 98368 plancomm@co.jefferson.wa.us 5:30 pm OPENING BUSINESS  Call to Order/Roll Call  Approval of Agenda  Approval of previous Meeting Minutes, if available  Commissioner Announcements  Director Updates 6:00 pm DISCUSSION Topic  DCD presentation on draft Critical Areas Ordinance update - Fish and Wildlife Habitat Conservation Areas.  Vision Statement subcommittee report 7:00 pm OBSERVER COMMENT When the Chair recognizes you to speak, please begin by stating your name and address. Please be aware that the observer comment period is … i An optional time period dedicated to listening to the public, not a question and answer session. The Planning Commission is not required to provide response; ii Offered at the Chair’s discretion when there is time; iii Not a public hearing – comments made during this time will not be part of any hearing record; iv May be structured with a three-minute per person time limit. 7:15 pm CLOSING BUSINESS  Summary of today’s meeting  Follow-up action items  Agenda Items for the following Planning Commission meeting 7:30 pm ADJOURNMENT  Thank you for coming and participating in your government at work! Jefferson County Planning Commission January 4, 2017 Flip-Chart Notes from visioning discussion Handout—DCD: Summary of Public Comments and Feedback, June—November 2016. (Refer to Major Themes/Issues, Page 5). December 2016. Handouts—DCD: Example vision statements • Chapter 1—Introduction. Jefferson County Comprehensive Plan. (Refer to Community Vision Statements, p. 1-17.) • Comprehensive Plan Vision. http://www.co.jefferson.wa.us/commdevelopment/vision.htm, (Refer to Page 3 of 5, Statement of basic principles.) • 2001 Jefferson County Strategic Plan—Vision Statement • 2010 Jefferson County Strategic Plan—Vision Statement Handout—Cynthia Koan: Current JeffCo Comprehensive Plan Elements and Sample Themes/Issues. Sample 3/18/16. Document is a diagram showing side-by-side lists of twelve “Current Comp Plan Elements” and nine ”Sample Themes/Issues” Handout—Cynthia Koan: Draft Comp Plan Themes & Subcommittees. JC Planning Commission Comp Plan Roundtable, November 18, 2015. Document shows word clouds within three organizing themes: Humans & Health; Business/Eco- Dev; and Food, Farming and Ecosystem. Discussion • A distinction needs to be made between “Issues” and “Vision”. Do issues belong in a vision statement? • The grouping of subjects into Themes provides a type of organizational focus for the Comprehensive Plan review. • Public input from older Planning Commission work appears to also be reflected in public comments this year. There is consistency in the community input. • The main theme in Jefferson County can be distilled down to “how to accommodate people wanting to live here, while preserving the environment that attracts people to live here”. • A main theme is “sustainability of the environment along with the health of our people”. • Do the Goals/Policies, as they are to be adopted in the update, get us to the vision that we articulate? • Create a vision that directs and guides us to a future that solves issues. If we succeed with achieving the full extent of the vision, then we wouldn’t have any outstanding issues to address. • The vision statement is a roll-up of what needs to get done. • Strong vision statements start with a commitment, then the visualization of what that commitment means to us. Construction of the vision statement includes different layers of specificity, but starts with a commitment. Jefferson County Code Chapter 18.22 CRITICAL AREAS Page 1/13 The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Article VI. Fish and Wildlife Habitat Conservation Areas (FWHCAs) 18.22.195 Compliance alternatives. Article VI sets forth the prescriptive requirements. Applicants for development permits or approvals subject to this article may elect to comply with the critical area stewardship plan (CASP) provisions set forth in Article IX of this chapter in lieu of the prescriptive requirements set forth herein. [Ord. 3-08 § 1] 18.22.200 Classification/designationDesignation. (1) Classification. Fish and Wildlife Habitat Conservation Areas (FWHCAs) are areas that serve a critical role in sustaining needed habitats and species for the functional integrity of the ecosystem, and which, if altered, may reduce the likelihood that the species will persist over the long term. Fish and wildlife habitat conservation areas (FWHCAs) are include those areas identified as being of critical importance to the maintenance of endangered, threatened, or sensitive species of fish, wildlife and/or plants, or habitats and species of local importance. These areas are typically identified either by known point locations of specific species (such as a nest or den) or by habitat areas or both. All areas within the county meeting these criteria are hereby designated critical areas and are subject to the provisions of this article. (2) Mapping. The approximate location and extent of identified fish and wildlife habitat conservation areas (FWHCAs) are shown on the county’s critical area maps. These maps are to be used as a guide and do not provide a definitive critical area determination. The county shall update the maps as new FWHCAs are identified or new information related to updates to existing maps becomes available. (31) Designation. The following are designated as fish and wildlife habitat conservation areas (FWHCAs): (a) Areas with whichwhere federally-listed species (endangered and threatened) and state-listed species (endangered, threatened, and sensitive species) listed by the federal or state government have a primary association. (i) Federally-listed designated endangered and threatened species are those fish, and wildlife, and plant species identified by the U.S. Fish and Wildlife Service and or the National Marine Fisheries Service that are in danger of extinction or threatened to become endangered. The U.S. Fish and Wildlife Service and the National Marine Fisheries Services should be consulted for current listing status. (ii) State endangered, threatened, and sensitive species are those species native to the state of Washington, as identified by the Washington State Department of Fish and Wildlife, that are in danger of extinction, threatened to become endangered, or are vulnerable, or declining and are likely to become endangered or threatened in a significant portion of their rangewithin the state. The state maintains the list of these species in WAC 232-12-014 (endangered species) and in WAC 232-12-0114 (threatened and sensitive species). The State Department of Fish and Wildlife should be consulted for current listing status. (b) Rivers and streams not otherwise protected under Washington State Forest Practices regulations (Chapter 76.09 RCW and WAC Title 222) that have FWHCAs are protected according to stream type. (c) Lands covered under the Forest Practices Act. Forested areas in Jefferson County provide protection as FWHCAs under the Forest Practices Act (Chapter 76.09 RCW) and forest practices regulations (WAC Title 222). (dc) Commercial and recreational shellfish areas., including designated shellfish habitat conservation areas (note: shellfish aquaculture activities within all public and private tidelands and bed lands suitable for shellfish harvest are allowed uses; such activities include but are not limited to bed marking, preparation, planting, cultivation, and harvest). (ed) Kelp and eelgrass beds. (fe) Surf smelt, Pacific herring, and Pacific sand lance (forage fish) spawning areas. (f) Naturally-occurring ponds less than 20 acres, including submerged aquatic beds that provide fish and wildlife habitat. Jefferson County Code Chapter 18.22 CRITICAL AREAS Page 2/13 The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. (g) Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity. (gh) State Nnatural area preserves, and natural resource conservation areas, and wildlife areas. (h) All areas designated by the Department of Natural Resources (DNR) through the Washington Natural Heritage Program as high quality wetland ecosystems and high quality terrestrial ecosystems. (i) Species and habitats of local importance established pursuant to the process delineated in JCC 18.22.210. [Ord. 3-08 § 1] (2) Designated fish and wildlife habitat conservation areas that are within shoreline jurisdiction are also regulated under the shoreline master program in Chapter 18.25 JCC, and in circumstances where the this chapter conflicts with JCC 18.25.270, the provisions of the shoreline master program prevail. 18.22.210 Process and requirements for designating habitats of local importance as critical areas. (1) Purpose. This section describes the process for designating species and habitats of local importance that are not covered by the federal and state sensitive, threatened or endangered species regulations. Accordingly, this section details the requirements for designating and monitoring species and habitats of local importance, as well as removing such species and habitats from designation if necessary. (2) Definition. The use of the term “habitat” in this section means a place or type of site where a plant or animal naturally or normally lives and grows, and includes areas used by a species during any life stage at any time of the year.includes areas designated as “wildlife corridors.” (3) Procedure for Designation – Generally. An application/nomination to designate a habitat of local importance as a critical area shall be processed according to the procedures for Type V land use decisions established in Chapter 18.40 JCC. (4) Nominations/Applications. Any person, organization, or Jefferson County agency may nominate and apply for designation a species or habitat of local importance. A nominating person or organization must be a resident of, or headquartered in, Jefferson County. (5) Nomination/Application Submittal. (a) The applicant shall provide information demonstrating that the species or habitat is native to Jefferson County, existing on or before the date of adoption of the regulations codified in this chapter. (b) All nominations/applications for designation of a species/habitat of local significance shall include the following: (i) Identification of the species including its scientific and locally common name(s); (ii) Identification of the geographic location, including Jefferson County parcel numbers, and extent of the habitat associated with a nominated species or the nominated habitat itself if not associated with a nominated species; a map of an appropriate scale to properly describe the location and extent of the habitat will accompany the nomination, as well as geo-referencing information sufficient to allow mapping of the habitat site in the county GIS mapping system; (iii) The status of the species or the occurrence of the type of habitat in surrounding counties and in the rest of the state has been considered in making this nomination; (iv) A management strategy for the species or habitat; (v) Indications as to whether the proposed management strategy has been peer reviewed, and if so, how this was done and by whom; (vi) Where restoration of habitat is proposed, a specific plan, including how the restoration will be funded, must be provided as part of the nomination; Jefferson County Code Chapter 18.22 CRITICAL AREAS Page 3/13 The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. (vii) Recommendations for allowed, exempt, and regulated activities within the area; (viii) Recommended buffer and setback requirements and their justification; (ix) Seasonal requirements; (x) A monitoring plan must be practical and achievable and include the following: (A) Baseline data and a description of what measurements will be used to determine the success of the project. The plan shall include the criteria and time period required to evaluate the success of the plan; (B) A contingency plan for failure; (C) A list of all parcels not included in the nomination but affected by the monitoring process; (xi) The nomination must also include an economic impact, cost and benefits analysis. The nomination must also include an analysis of alternative solutions to formal designation of the habitat of local importance as a regulated critical area under this chapter. (c) The applicant shall be responsible for paying all fees and all expenses incurred by Jefferson County to process the application. (6) Review and Approval Criteria. (a) Species nominated for designation under this section must satisfy the following criteria: (i) Local populations that are in danger of extirpation based on documented trends since the adoption of the Growth Management Act; (ii) The species is sensitive to habitat manipulation; (iii) The species or habitat has commercial, game, or other special value such as locally rare species; (iv) The nomination includes an analysis of the proposal using best available science; and (v) The nomination specifies why protection by other county, state or federal policies, laws, regulations or nonregulatory tools is inadequate to prevent degradation of the species or habitat and for which management strategies are practicable, and describes why, without designation and protection, there is a likelihood that the species will not maintain and reproduce over the long term, or that a unique habitat will be lost. (b) Habitats nominated for designation under this section must satisfy the following criteria: (i) Where a habitat is nominated to protect a species, the use of the habitat by that species must be documented or be highly likely or the habitat is proposed to be restored with the consent of the affected property owner so that it will be suitable for use by the species; and, long-term persistence of the species in Jefferson County and adjoining counties is dependent on the protection, maintenance or restoration of the habitat; (ii) Areas nominated to protect a particular habitat must represent either high quality native habitat or habitat that has an excellent potential to recover to a high quality condition and which is either of limited availability or highly vulnerable to alteration; (iii) The nomination specifies the specific habitat features to be protected (e.g., nest sites, breeding areas, nurseries, etc.). In the case of proposed wildlife corridors, the nomination shall specify those features that are required for the corridor to remain viable to support and protect the nominated species. Jefferson County Code Chapter 18.22 CRITICAL AREAS Page 4/13 The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. (7) Review and Approval Process. (a) The department of community development shall determine whether the application submittal is complete. If deemed complete, the department shall evaluate the proposal for compliance with the approval criteria set forth in this section and make a recommendation to the planning commission based on those criteria. The department shall also notify all parcel owners affected of the terms and contents of the proposal. (b) Upon receipt of a staff report and recommendation from the department, the planning commission shall hold a public hearing, and make a recommendation to the board of commissioners based upon the approval criteria set forth in this section. (c) The Jefferson County board of commissioners shall consider the recommendation transmitted by the planning commission at a regularly scheduled public meeting, and may then adopt an ordinance formally approving the designation. Should the board wish to vary from the planning commission recommendation and alter or reject the application, such action may only occur following a separate public hearing conducted by the board. (d) Upon approval, the ordinance designating and regulating the species or habitat of local importance shall be codified in this article for public information and implementation by the department, and a notice to title shall be placed upon all parcels affected by the designation. (e) Each ordinance creating a species or habitat of local importance shall include periodic review or reassessment of the initial designation. The length of the periodic review may be dependent on the characteristics of the species or habitat. (8) Removal from Designation. Species or habitats of local significance may be removed at any time; provided, that they no longer meet the criteria set forth in subsection (5) of this section (e.g., as a result of a natural catastrophe or climatic change event); and provided further, that the procedural requirements of this section and the procedural requirements established for Type V land use decisions set forth within Chapter 18.40 JCC are met. [Ord. 3-08 § 1] 18.22.220 Sources used for identification. Sources used to identify fish and wildlife habitat conservation areas (FWHCAs) include, but are not limited to, the following: (1) United States Department of the Interior, Fish and Wildlife Service, National Wetlands Inventory. (2) Washington State Department of Natural Resources, Water Type Index Maps. (3) Washington State Department of Fish and Wildlife, Non-Game and Priority Habitats and Species databases. (4) National Oceanic and Atmospheric Administration, Endangered and Threatened Marine Species online database. (5) United States Geological Survey 7.5-Minute Topographic Maps. (6) U.S. Fish and Wildlife, Endangered Species online database. (7) Washington Department of Natural Resources, Natural Heritage Program database. (8) Northwest Indian Fisheries Commission and Washington Department of Fish and Wildlife Statewide Integrated Fish Distribution Map database. (9) National Oceanic and Atmospheric Administration, Environmental Response Management Application, Pacific Northwest. (10) Washington Department of Natural Resources Natural Areas database/maps. (11) Washington Department of Ecology, Coastal Atlas database. Jefferson County Code Chapter 18.22 CRITICAL AREAS Page 5/13 The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. (12) Jefferson County (online mapping). (4) Public and private tidelands or bedlands suitable for shellfish harvest and identified by the Washington Department of Health’s classification system and shellfish protection districts established pursuant to Chapter 90.72 RCW. (5) Kelp and eelgrass beds may be classified and identified with the Department of Natural Resources Aquatic Lands Program and the Department of Ecology (note: many locations are compiled in the Puget Sound Environmental Atlas). (6) Herring and smelt spawning times and locations are outlined in WAC 220-110-240 through 220-110-250, Hydraulic Code Rules, Technical Report No. 79, and the Puget Sound Environmental Atlas. [Ord. 3-08 § 1] 18.22.230 Fish and wildlife habitat conservation area (FWHCA) maps. County maps identifying FWHCAs have been produced for informational purposes only and are not regulatory devices forming an integral part of this article. [Ord. 3-08 § 1] 18.22.250 Regulated activities. Any land use or development activity that is subject to a development permit or approval requirements of this code shall be subject to the provisions of this article. These include, but are not limited to, the following activities that are directly undertaken or originate in a FWHCA or its buffer, unless otherwise exempted under JCC 18.22.070: (1) Stream Crossings. Any private or public road expansion or construction which is proposed and must cross streams classified within this article shall comply with the following minimum development standards: (a) The design of stream crossings shall meet the requirements of the Washington Department of Fish and Wildlife. Fish passage shall be provided if necessary to address manmade obstructions on-site. Other alternatives may be allowed upon a showing that, for the site under review, the alternatives would be less disruptive to the habitat or that the necessary building foundations were not feasible. Submittal of a habitat management plan which demonstrates that the alternatives would not result in significant impacts to the fish and wildlife habitat area (FWHCA) may be required; (b) Crossings shall not occur in salmonid spawning areas unless no other reasonable crossing site exists. For new development proposals, if existing crossings are determined to adversely impact salmon spawning or passage areas, new or upgraded crossings shall be located as determined necessary through coordination with the Washington State Department of Fish and Wildlife; (c) Bridge piers or abutments shall not be placed either within the floodway or between the ordinary, high water marks unless no other reasonable alternative placement exists; (d) All stream crossings shall be designed based on the 100-year projected flood flows, even in non-fish bearing Type Np and Ns streams. In addition, crossings for Type S and F streams should allow for downstream transport of large woody debris; (e) Crossings shall serve multiple properties whenever possible; and (f) Where there is no reasonable alternative to providing a culvert, the culvert shall be the minimum length necessary to accommodate the permitted activity. (2) Utilities. Placement of utilities within designated fish and wildlife habitat areas may be allowed pursuant to the following standards: (a) Construction of utilities may be permitted in FWHCAs or their buffers only when no practicable or reasonable alternative location is available and the utility corridor meets the requirements for installation, replacement of vegetation and maintenance outlined below. Utilities are encouraged to follow existing or permitted roads where possible. Jefferson County Code Chapter 18.22 CRITICAL AREAS Page 6/13 The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. (b) Construction of sewer lines or on-site sewage systems are not permitted in FWHCAs or their buffers, except that they may be permitted in a buffer area when the applicant demonstrates it is necessary to meet state and/or local health code requirements; there are no other practicable alternatives available; and construction meets the requirements of this article. Joint use of the sewer utility corridor by other utilities may be allowed. (c) New utility corridors shall not be allowed in FWHCAs with known locations of federal or state-listed endangered, threatened or sensitive species, except in those circumstances where an approved habitat management plan is in place. (d) Utility corridor construction and maintenance shall protect the environment of fish and wildlife habitat areas and their buffers. (i) New utility corridors shall be aligned when possible to avoid cutting trees greater than 12 inches in diameter at breast height (four and one-half feet) measured on the uphill side. (ii) New utility corridors shall be revegetated with appropriate native vegetation at not less than preconstruction vegetation densities or greater, immediately upon completion of construction or as soon thereafter as possible due to seasonal growing constraints. The utility shall ensure that such vegetation survives for a three-year period. (e) Utility towers should be painted with brush, pad or roller and should not be sandblasted or spray-painted, nor shall lead-based paints be used. (3) Bank Stabilization. (a) A stream channel and bank, bluff, and shoreline may be stabilized when naturally occurring earth movement threatens existing legal structures (structure is defined for this purpose as those requiring a building permit pursuant to the building code), public improvements, unique natural resources, public health, safety or welfare, or the only feasible access to property, and, in the case of streams, when such stabilization results in maintenance of fish habitat or improved water quality, as demonstrated through a habitat management plan or equivalent study or assessment. Bluff, bank and shoreline stabilization shall follow the standards of the Jefferson County shoreline master program, geologically hazardous areas provision in this chapter, and the floodplain management ordinance (Chapter 15.15 JCC). (b) The administrator shall require that bank stabilization be designed by a professional engineer licensed in the state of Washington with demonstrated expertise in hydraulic actions of shorelines. For bank stabilization projects within FWHCAs, the applicant must provide a geotechnical report that demonstrates that bioengineering solutions (vegetation versus hard surfaces) are infeasible. The report must document the engineering rationale why bioengineering solutions are infeasible in a manner that can be confirmed through review by other engineering professionals. Bank stabilization projects may also require a hydraulic project approval from the Washington Department of Fish and Wildlife that will be determined after consultation with WDFW. (4) Gravel Mining. Gravel mining is discouraged within FWHCAs or their buffers, and it shall not be permitted if it causes unmitigatable significant adverse impacts, but it may be allowed following the review and approval of a habitat management plan, including a detailed mining and reclamation plan pursuant to the applicable performance standards in JCC 18.20.240 or as otherwise required in this code. (5) Forest Practices, Class IV General or Class III with a conversion option harvest plan. Timber harvesting with associated development activity involving land conversions from forest use, or otherwise meeting the DNR definition as a Class IV General application, shall comply with the provisions of this article, including the maintenance of buffers, where required. (6) Road/Street Repair Expansion and New Construction. Any private or public road or street expansion or construction which is allowed in a FWHCA or its buffer shall comply with the following minimum development standards: Jefferson County Code Chapter 18.22 CRITICAL AREAS Page 7/13 The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. (a) No other reasonable or practicable alternative exists and the proposed road or street serves multiple properties whenever possible; (b) Public and private roads are encouraged to provide for other purposes, such as utility crossings, pedestrian or bicycle easements, viewing points, etc.; (c) The road or street construction is the minimum necessary, as required by the department of public works’ guidelines. Minimum necessary provisions may include projected level of service requirements; and (d) Construction time limits shall be determined in consultation with the Washington Department of Fish and Wildlife in order to ensure species and habitat protection. (7) Outdoor Recreation, Education, and Trails Construction. Activities and improvements that do not significantly affect the function of the FWHCA or regulated buffer (including viewing structures, outdoor scientific or interpretive facilities, trails, hunting blinds, etc.) may be permitted in FWHCAs or their buffers. (a) Trails and other facilities shall, to the extent feasible, be placed on existing road grades, utility corridors, or other previously disturbed areas; (b) Trails and other facilities shall be planned to minimize removal of trees, shrubs, snags and important wildlife habitat; (c) Viewing platforms, interpretive centers, benches and access to them, shall be designed and located to minimize impacts to wildlife, fish, or their habitat and/or critical characteristics of the affected FWHCA; (d) Trails, in general, shall be set back from streams so that there will be minimal impact to the stream from trail use or maintenance. Trails shall be constructed with pervious surfaces when feasible and trails within FWHCAs are not intended to be used by motorized vehicles. (8) Chemical Application or Storage. Chemical applications are not permitted within FWHCAs unless expressly approved as part of a farm plan, forest practices application, or for the control of invasive or noxious plant species. In cases where approved chemical applications occur as part of a forest practices application or farm plan, proper reporting procedures shall be followed. Chemical storage shall not be permitted within a FWHCA or its buffer. [Ord. 3-08 § 1] (9) Land Alteration (such as excavation, dredging, grading, or filling). (10) Modification of Hydrologic Regime or Conditions (including placement of obstructions or impediments to natural water flow or movement). (11) Structural modifications and expansions. (12) Vegetation Removal or Alteration (could include but is not limited to, clearing, harvesting, shading, intentional burning, use of herbicides/pesticides, or planting vegetation that alters the character of the regulated area; provided, that the activity is not exempt under JCC 18.22.070). (14) Any New Activities Affecting Water Quality. 18.22.265 Habitat management plansreviews – When required. When a development, proposaluse, or activity is located proposed on lands which may contain a habitat for a protected species other than bald eagle nesting territories, or when the applicant proposes to alter, decrease or average the standard buffer,designated as a fish and wildlife habitat conservation area or a buffer, a habitat management plan (HMP)review shall be required, consistent with the requirements of JCC 18.22.440. [Ord. 3-08 § 1]. A habitat review is a site assessment to determine if potential FWHCAs or buffers occurs in the project area and if any FWHCA or buffer occurs within the proposed project area. (1) Types of Habitat Reviews and Reports. As required by this section, an applicant shall submit a report documenting the results of the habitat review for county review and approval. An on-site field assessment shall be Jefferson County Code Chapter 18.22 CRITICAL AREAS Page 8/13 The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. conducted by a qualified professional biologist with expertise in habitats and species of this area. Type of review and report required of the applicant shall be determined as follows; (a) Habitat Review Letter. This type of report may be used by an applicant if the field assessment determines that no regulated fish and wildlife habitat conservation area or buffer is present in the proposed project area, including those areas that may be temporarily affected by construction-related activities. For this level of assessment, the professional biologist must assess all areas within the buffer, as specified in Tables 18.22.270(1) and (2) that could potentially be affected by any proposed project component. Habitat review letters shall be prepared by the biologist based on requirements presented in Article VIII of this chapter. (b) Habitat Management Plan. This type of report is used if the field assessment determines that any portion of the proposed project occurs within a regulated FWHCA or buffer, including areas of temporary construction impacts. This type of report may be used if all impacts to FWHCAs can be fully mitigated by the applicant and/or if the buffer reduction or buffer averaging does not exceed 25 percent of the standard buffer width shown in Tables 18.22.270(1) and (2). A habitat management plan shall also be required for any application requiring a reasonable economic use variance. Habitat management plans shall be prepared by the biologist based on requirements presented in Article VIII of this chapter. (c) As an alternative to a habitat review letter or a habitat management plan, applicants may submit a critical areas stewardship plan (CASP) to address impacts to a fish and wildlife habitat conservation area or for buffer. Applicants shall submit a CASP for buffer reductions greater than 25 percent of the standard buffer width; provided that a reasonable economic use variance is not required and that the proposal can meet all CASP applicability requirements in JCC 18.22.461. CASPs shall be prepared by a qualified professional biologist based on provisions in Article IX of this chapter. 18.22.270 Protection standards. (1) General. Application for a project on a parcel of real property containing a designated FWHCA or its buffer shall adhere to the requirements set forth in this section. (2) Drainage and Erosion Control. An applicant submitting a project application shall also submit, and have approved, a drainage and erosion control plan, as specified in this chapterChapter 18.30 JCC. (3) Grading. An applicant submitting a project application shall also submit, and have approved, a grading plan, as specified in this chapterChapter 18.30 JCC. (4) Vegetation Retention. The following provisions regarding vegetation retention shall apply: (a) Vegetation within a FHWCA or buffer shall be retained to the extent practicable. Unless exempt under this chapter, vegetation removal or alteration from a FWHCA or buffer shall require review and approval by the department. A habitat management plan shall be required to remove or in any way alter vegetation within a FWHCA or buffer. (b) Altering the habitat conditions of a FWHCA or buffer without prior review and approval by the department is prohibited. (ac) All trees and understory vegetation lying outside of road rights-of-way and utility easements shall be retained (except for hazard trees) during maintenance clearing of rights-of-way for roadways and utilities; provided, that understory vegetation damaged during approved clearing operations may be pruned. (bd) Damage to vegetation retained during initial clearing activities shall be minimized by directional felling of trees to avoid critical areas and vegetation to be retained. (c) Retained trees, understory and stumps may subsequently be cleared only if such clearing is necessary to complete the proposal involved in the project application. (5) Buffers – Standard Requirements. The administrator shall have the authority to require buffers from the edges of all FWHCAs in accordance with the following: Jefferson County Code Chapter 18.22 CRITICAL AREAS Page 9/13 The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. (a) Buffers Generally. (i) Buffers shall be established for activities adjacent to FWHCAs as necessary to protect the integrity, functions and values of the resource, consistent with the requirements set forth in Tables 18.22.270(1) and 18.22.270(2) of this section. (ii) A building setback line of five 10 feet is required from the edge of any buffer area; however, nonstructural improvements such as septic drain fields may be located within setback areas. (iii) Buffers shall be retained in their natural condition; however, minor pruning of vegetation to enhance views or provide access may be permitted as long as the function and character of the buffer are not diminished. (iv) Lighting shall be directed away from the FWHCA (v) The administrator shall have the authority to increase a buffer width, if supported by appropriate documentation showing the increase is needed to protect the functions and values of the FWHCA buffer. (b) Prescriptive FWHCA Buffers. (i) The standard buffer widths required by this article are considered to be the minimum required to protect the stream functions and values at the time of the proposed activity. When a buffer lacks adequate vegetation to protect critical area functions, the administrator may deny a proposal for buffer reduction or buffer averaging. (ii) The standard buffer shall be measured landward horizontally on both sides of the stream from the ordinary high water mark (OHWM) as identified in the field. Nevertheless, the required buffer shall include any adjacent regulated wetland(s), landslide hazard areas and/or erosion hazard areas and required buffers, but shall not be extended across paved roads or other lawfully established structures or hardened surfaces. The following standard buffer width requirements are established; provided, that portions of streams that flow underground may be exempt from these buffer standards at the administrator’s discretion when it can be demonstrated that no adverse effects on aquatic species will occur. Table 18.22.270(1): Stream Buffers* Stream Type Buffer Requirement Type “S” – Shoreline Streams 150 feet Type “F” – Fish Bearing Streams 150 feet Type “Np”– Non-Fish Bearing Perennial Streams 75 feet Type “Ns” – Non-Fish Bearing Seasonal Streams greater than or equal to 20% grade 75 feet Type “Ns” – Non-Fish Bearing Seasonal Streams less than 20% grade 50 feet *Note: (a) The buffers set forth above shall apply to culverted streams; though in limited circumstances, a variance may be made in the application of stream buffers under Article IX of Chapter 18.40 JCC. (b) The buffers set forth above shall not apply to lawfully-established piped streams. The burden of proof is on the applicant to show that the pipe was lawfully established; failure to demonstrate compliance with this requirement shall result buffers being required. Jefferson County Code Chapter 18.22 CRITICAL AREAS Page 10/13 The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Stream Type Buffer Requirement (bc) Stream type shall be determined using the criteria set forth in WAC 222-16-030, or as amended. (iii) Buffers for Other FWHCAs. The administrator shall determine appropriate buffer widths for other FWHCAs based on the best available information. Buffer widths for nonstream habitat conservation areas shall be as follows: Table 18.22.270(2): Buffers for Other FWHCAs FWHCA Type Buffer Requirement Areas with Which Federally Listed Species Have a Primary AssociationAreas where federally-listed (endangered and threatened) species or state-listed (endangered, threatened, and sensitive) species have a Primary Association Buffers shall be 150 feet; provided, that local and site specific factors shall be taken into consideration and the buffer width based on the best available information concerning the species/habitat(s) in question and/or the opinions and recommendations of a qualified professional with appropriate expertise. Commercial and Recreational Shellfish Areas Buffers shall extend 150 feet landward from ordinary high water mark of the marine shore. Kelp and Eelgrass Beds Buffers apply to areas where native kelp and eelgrass species occur only, and buffers shall extend 150 feet landward from ordinary high water mark of the marine shore22 feet from each patch. There is no buffer for non-native kep and eelgrass beds. Surf Smelt, Pacific Herring, and Pacific Sand Lance Spawning Areas Buffers shall extend 150 feet landward from ordinary high water mark of the marine shore. Natural Ponds and Lakes (along with any submerged aquatic beds serving as fish or wildlife habitat) Ponds under 20 acres – buffers shall extend 50 feet from the ordinary high water mark; . Lakes 20 acres and larger – buffers shall extend 100 feet from the ordinary high water mark; provided, that where vegetated wetlands are associated with the shoreline, the buffer shall be based on the wetland buffer requirements. Natural Area Preserves and Natural Resource Conservation Areas Buffers shall not be required adjacent to these areas. These areas are assumed to encompass the land required for species preservation. Game Fish Planted by a Governmental or Tribal Agency (lakes, ponds, streams and rivers) Ponds under 20 acres – buffers shall extend 50 feet from the ordinary high water mark. Lakes 20 acres and larger – buffers shall extend 100 feet from the ordinary high water mark; provided, that where vegetated wetlands are associated with the shoreline, the buffer shall be based on the wetland buffer requirements. Stream and rivers – see Table 18.22.270(1). Locally Important Habitat Areas The buffer for marine nearshore habitats shall extend landward 150 feet from the ordinary high water mark. The need for and dimensions of buffers for other locally important species or habitats shall be determined on a case-by-case basis, according to the needs of the specific species or habitat area of concern. Buffers shall not be required adjacent to the wildlife corridor. The administrator shall coordinate with the Washington Department of Fish and Wildlife and other state, federal or tribal experts in these instances, and may use WDFW PHS management recommendations when available and applicable. (6) The administrator shall have the authority to reduce buffer widths on a case-by-case basis; provided, that the specific standards for avoidance and minimization set forth below in JCC 18.22.2XX(1)350(1) shall apply, and when the applicant demonstrates to the satisfaction of the administrator that all of the following criteria are met: (a) The buffer reduction shall not adversely affect the habitat functions and values of the adjacent FWHCA or other critical area. (b) The buffer shall not be reduced to less than 75 percent of the standard buffer. (c) The slopes adjacent to the FWHCA within the buffer area are stable and the gradient does not exceed 30 percent. Jefferson County Code Chapter 18.22 CRITICAL AREAS Page 11/13 The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. (7) The administrator shall have the authority to average buffer widths on a case-by case basis; provided, that the specific standards for avoidance and minimization set forth in JCC 18.22.350(1) shall apply, and when the applicant demonstrates to the satisfaction of the administrator that all the following criteria are met: (a) The total area contained in the buffer area after averaging is no less than that which would be contained within the standard buffer and all increases in buffer dimension are parallel to the FWHCA. (b) The buffer averaging does not reduce the functions or values of the FWHCA or riparian habitat, or the buffer averaging, in conjunction with vegetation enhancement, increases the habitat function. (c) The buffer averaging is necessary due to site constraints caused by existing physical characteristics such as slope, soils, or vegetation. (d) The buffer width is not reduced to less than 75 percent of the standard width. (e) The slopes adjacent to the FWHCA within the buffer area are stable and the gradient does not exceed 30 percent. (f) Buffer averaging shall not be allowed if FWHCA buffers are reduced pursuant to subsection (6) of this section. (8) The limits of clearing for the proposed development or use shall be shown on the site relative to the FWHCA and the buffer.Buffer Marking. The location of the outer extent of required buffers shall be marked in the field as follows: (a) During Construction. Buffer perimeters shall be marked with temporary signs at an interval of one per parcel or every 100 feet, whichever is less. Signs shall remain in place prior to and during approved construction activities. The signs shall contain the following statement: “Buffer – Do Not Remove or Alter Existing Native Vegetation.” (9) In the case of short plat, long plat, binding site plan, and site plan approvals under this code, the applicant shall include on the face of any such instrument the boundary of the FWHCA. (10) The applicant may also choose to dedicate the buffer through a conservation easement or deed restriction that shall be recorded with the Jefferson County auditor. Such easements or restrictions shall, however, use the forms approved by the prosecuting attorney. [Ord. 3-08 § 1] 18.22.2XX Mitigation sequencing. (1) The overall goal shall be no net loss of functions, natural processes, or area within a FWHCA or a FWHCA buffer. All regulated development, uses, and activities in a FWHCA or an associated buffer shall be mitigated in the following order: (a) Avoiding the impact altogether by not taking a certain action or parts of an action; (b) Minimizing adverse impacts by limiting the degree or magnitude of the action and its implementation; (c) Rectifying the adverse impact by repairing, rehabilitating, or restoring the affected environment to the historical condition or the condition existing at the time of the initiation of a project; (d) Reducing or eliminating the adverse impact over time by preservation and maintenance operation during the life of the action; (e) Compensating for the adverse impact by replacing, enhancing, or providing substitute resources or environments; (f) Monitoring the required compensation and taking appropriate corrective measures when necessary. Formatted: Indent: Left: 0" Jefferson County Code Chapter 18.22 CRITICAL AREAS Page 12/13 The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. 18.22.2XX Impact assessment and mitigation. (1) The type of review and report required for permitting is specified in this article. A habitat review letter or habitat management plan shall be prepared based on special report requirements in Article VIII of this chapter. If a critical areas stewardship plan is required, the report shall be prepared based on CASP requirements in Article IX of this chapter. (2) All potential impacts to FWHCAs and buffers must be identified and described in the report. Impact assessments shall be based on any potential impacts to the FWHCA or buffer, and shall consider direct and indirect impacts, permanent and temporary (long-term and short-term) impacts, and cumulative impacts. The impact assessment shall also identify all potential impacts of the project in square feet (or acres) and shall include the area of temporary construction-related impacts. (3) Mitigation - Minimum requirements and types of mitigation. (a) Minimum mitigation requirements are as follows: (i) Unavoidable impacts to a critical area buffer shall be mitigated with at least a 1:1 mitigation ratio. The administrator has the authority to require buffer mitigation at a higher ratio if the area to be adversely affected consists of intact native habitat. (ii) Unavoidable impacts to a critical area shall require mitigation that fully compensates for all adverse effects to FWHCA functions, natural processes, and area. (b) Mitigation for FWHCAs shall include the following options. (i) On-site Mitigation. The applicant may propose on-site mitigation if the mitigation proposal mitigates for the loss or degradation to existing habitat. (ii) Off-site Mitigation. The applicant may propose off-site mitigation if: (A) on-site mitigation is not feasible and the mitigation proposal mitigates for the loss or degradation to existing habitats and species; or (B) off-site mitigation provides better protection of the FWHCA or a significant ecological and functional improvement to the FWHCA; and (C) there is a willing landowner that accepts the proposed mitigation; and (D) a mitigation agreement/easement is recorded that specifies the individuals or parties responsible for implementing, maintaining, and monitoring the mitigation area. (iii) In-Lieu Fee Mitigation (ILF). As an alternative to permittee-responsible mitigation, an in-lieu fee program may be used to compensate for impacts or alterations to a fish and wildlife habitat conservation area or a buffer, if an established in-lieu fee program is available for the project area. Use of the in-lieu fee program to address impacts to fish and wildlife habitat conservation areas and/or buffers shall adhere to the in-lieu mitigation requirements in JCC 18.22.350(5). (c) FWHCA Buffer Mitigation. (i) FWHCA buffers adversely affected by a proposed development or use shall compensate for the impact(s) at a mitigation ratio of at least 1:1. All development or uses that provide less than an equivalent area of compensation for impacts shall require a reasonable economic use variance. (ii) Impacts to FWCHA buffers that are well-developed, well-established, and/or have unique natural habitats consisting primarily of native plant species shall require greater than 1:1 compensation (e.g., this could include, but is not limited to, buffers consisting of tall trees; areas dominated by native species; areas considered a priority habitat by WDFW; habitat conditions that could support rare plants). Formatted: Indent: Left: 0.25" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.5" Jefferson County Code Chapter 18.22 CRITICAL AREAS Page 13/13 The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. 18.22.280 Conditions. (1) General. In granting approval for a project application subject to the provisions of this article, the administrator may require mitigating conditions that will, in the administrator’s judgment, substantially secure the objectives of this article. (2) Basis for Conditions. All conditions of approval required pursuant to this article shall be based upon either the substantive requirements of this article or the recommendations of a qualified professional utilizing best available science, contained within a special report required under this chapter. [Ord. 3-08 § 1]