Title 18E Development Regulations - Critical Areas 18E.10 . - Wa

Pierce County CodeChapter 18E.10 GENERAL PROVISIONSd.4.Page 6/247Activities associated with a proposed single-family residence or associatedfeatures within an undeveloped lot (one lacking a residential dwelling), maybe waived from critical area review requirements when the followingconditions have been met:(1) The boundary of the critical area can be accurately determined withoutthe need for a field review, using secondary data sources such as, but notlimited to: aerial photographs, topographic maps, and floodplainmaps;(2) The critical area buffer can be established without field review;(3) All aspects of the project are located outside of the required buffer;(4) The buffer is vegetated consistent with PCC 18E.40.060 G., Buffer andSetback Functioning Condition; and(5) Compliance with the buffer requirement is adequate to protect theregulated species or habitat area from any impacts of the proposedactivity. This exemption may not apply where additional protectivemeasures, such as timing restrictions, are required.de. When it is determined that regulated activities subject to SEPA (Title 18DPCC) are likely to cause a significant, adverse environmental impact to thecritical areas identified in this Title 18E PCC that cannot be adequatelymitigated through compliance with this Title 18E PCC, mitigation measuresmay be imposed consistent with the procedures established in PCC18D.40.060.ef. Critical area applications required under this Title shall be approved prior toapproval of any related action (parent application) such as, but not limited to,a building permit, land division action, site development action, forestpractice application, Tacoma-Pierce County Health Department (TPCHD)permit, use permit, or shoreline permit.f.The requirement to submit critical area assessments, reports, etc. requiredunder this Title may be waived at the Department’s discretion when theproposed project area for a regulated activity is located in an area that hasbeen the subject of a previously submitted and approved assessment, reportetc. if all of the following conditions have been met:(1) The provisions of this Title have been previously addressed as part ofanother approval.(2) There has been no material change in the potential impact to the criticalarea or required buffer since the prior review.(3) There is no new information available that is applicable to any criticalreview of the site or particular critical area.(4) The permit or approval has not expired or, if there is no expiration date,no more than five years have elapsed since the issuance of that permit orapproval.Approval.a.Pierce County may approve, approve with conditions, or deny anydevelopment proposal in order to comply with the requirements and carry outthe goals, purposes, objectives and requirements of this Title. Approval ordenial shall be based on the Department’s or Examiner’s, as applicable,The Pierce County Code is current through 2015-15, passed March 31, 2015.

Pierce County CodeChapter 18E.10 GENERAL PROVISIONSE.Page 7/247evaluation of the ability of any proposed mitigation measures to reduce risksassociated with the critical area and compliance with required standards.b.Applicants shall comply with the recommendations and/or mitigationmeasures contained in final approved assessments or reports and anyDepartment or Examiner conditions of approval.c.Approval of an application required under this Title must be given prior to thestart of any development activity on a site.5.Denial. The Department or Examiner, as applicable, shall have the authority todeny any application for development or building-related approvals or permitswhen the criteria established in this Title have not been met.6.Time Period for Final Decision. The provisions for issuing a notice of finaldecision on any application filed pursuant to this Title are set forth in Chapter18.100 PCC, Development Regulations – General Provisions.Time Limitations.1.Expiration of Approval.a.Approvals granted under this Title shall be valid for the same time period asthe underlying permit (e.g., preliminary plat, site development, buildingpermit). If the underlying permit does not contain a specified expiration datethen approvals granted under this Title shall be valid for a period of threeyears from the date of issue, unless a longer or shorter period is specified bythe Department.b.The approval shall be considered null and void upon expiration, unless a timeextension is requested and granted as set forth in subsection 2. below.2. Time Extensions.a.The applicant or owner(s) may request in writing a one-year extension of theoriginal approval.b.Knowledge of the expiration date and initiation of a request for a timeextension is the responsibility of the applicant or owner(s).c.A written request for a time extension shall be filed with the Department atleast 60 days prior to the expiration of the approval.d.Upon filing of a written request for a time extension, a copy shall be sent toeach party of record together with governmental departments or agencies thatwere involved in the original approval process. By letter, the Departmentshall request written comments be delivered to the Department within 30 daysof the date of the letter.e.Prior to the granting of a time extension, the Department may require a newapplication(s), updated study(ies), and fee(s) if:(1) The original intent of the approval is altered or enlarged by the renewal;(2) If the circumstances relevant to the review and issuance of the originalapproval have changed substantially; or(3) If the applicant failed to abide by the terms of the original approval.f.If approved, the one-year time extension shall be calculated from the date ofgranting said approval.g.The Director has the authority to grant or deny any requests for timeextensions based upon demonstration by the applicant of good cause for thedelay.The Pierce County Code is current through 2015-15, passed March 31, 2015.

Pierce County CodeChapter 18E.10 GENERAL PROVISIONSPage 8/247F.Recording.1.Approvals.a.Approvals issued pursuant to this Title shall be recorded on the title of theproject parcel(s) at the Pierce County Auditor’s Office prior to issuance ofany site development permits or building permits, as applicable. Failure torecord an approval in this timeframe may result in the imposition ofenforcement actions. Also refer to PCC 18E.10.080 C., Title and PlatNotification, for additional recording requirements.b.Recording of critical area approvals for work completed within utility lineeasements on lands not owned by the jurisdiction conducting the regulatedactivity shall not be required.(Ord. 2013-45s4 § 4 (part), 2015; Ord. 2004-56s § 4 (part), 2004)18E.10.080 Critical Area Protective Measures.A. General. All critical area tracts, conservation easements, land trust dedications, andother similarly preserved areas shall remain undeveloped in accordance with theconditions of approval, except as they may be allowed to be altered pursuant to eachChapter.B. Financial Guarantees.1.Pierce County may require an applicant to submit one or more financial guaranteesto the County, as set forth in each Chapter, to guarantee any performance,mitigation, maintenance, or monitoring required as a condition of permit approval.The approval for the project will not be granted until the financial guarantee isreceived by the Department. Projects where Pierce County or one of itsdepartments is the applicant shall not be required to post a financial guarantee.2.Financial guarantees required under this Title shall be:a.In addition to the site development construction guarantee required in Title17A PCC, Construction and Infrastructure Regulations – Site Developmentand Stormwater Drainage Appendix.b.Submitted on financial guarantee forms found in Title 17A PCC,Construction and Infrastructure Regulations – Site Development andStormwater Drainage Manual.c.In the amount of 125 percent of the estimate of the cost of mitigation ormonitoring to allow for inflation and administration should the County haveto complete the mitigation or monitoring, unless the provisions set forth inPCC 18E.10.080 C. below are applicable.d.Released by the County only when County officials have inspected the site(s)and the applicant’s appropriate technical professional has provided writtenconfirmation that the performance, mitigation, or monitoring requirementshave been met.C. Title and Land Division Notification.1.General.a.Title and/or land division notice shall be required to be recorded with thePierce County Auditor on each site that contains a critical area, prior toapproval of any regulated activity on a site.The Pierce County Code is current through 2015-15, passed March 31, 2015.

Pierce County CodeChapter 18E.10 GENERAL PROVISIONSb.D.E.F.G.Page 9/247If more than one critical area subject to the provisions of this Title exists onthe site, then one notice, which addresses all of the critical areas, shall besufficient.c.Title and land division notifications and notes shall be approved by theDepartment and shall be consistent with PCC 18E.10.140 – Appendix B.2.Title Notification.a.When Pierce County determines that activities not exempt from this Title areproposed, the property owner shall file a notice with the Pierce CountyAuditor. The notice shall provide a public record of the presence of a criticalarea and associated buffer, if applicable; the application of this Title to theproperty; and that limitations on actions in or affecting such critical area andassociated buffer, if applicable, may exist.b.The notice shall be notarized and shall be recorded with the Pierce CountyAuditor prior to approval of any regulated use or activity for the site.c.Notice on title is not required for utility line easements on lands not owned bythe jurisdiction conducting the regulated activity (e.g., gas pipelines).3. Land Division Notification and Notes. The applicant shall include notes, asreferenced in PCC 18E.10.140 – Appendix B, on the face of any proposed finalplat, binding site plan, large lot, and short subdivision documents for projects thatcontain critical areas or critical area buffers. The applicant shall also clearlyidentify the critical area boundaries and the boundary of any associated buffers onthe face of these documents.Tracts and other Protective Mechanisms. Prior to final approval of any subdivisions,short subdivisions, large lot divisions, or binding site plans, the part of the critical areaand required buffer which is located on the site shall be placed in a separate tract or tracts.(See Figure 18E.10-2 in Chapter 18E.120 PCC), or alternative protective mechanismsuch as a protective easement, public or private land trust dedication, or similarlypreserved through an appropriate permanent protective mechanism as determined byPierce County. Approval of an alternative protective mechanism will be based upon theDepartment’s or Hearing Examiner’s, as applicable, determination that such alternativemechanism provides the same level of permanent protection as designation of a separatetract or tracts. Each lot owner within the subdivision, short plat, large lot, or binding siteplan shall have an individual taxable interest in the tract(s) or protective mechanismcreated by this Section.Homeowners Covenants. A description of the critical area and required buffer shall beplaced in any required homeowners’ covenants. Such covenants shall contain a detaileddescription of the allowable uses within the critical area and, if applicable, associatedbuffer and long-term management and maintenance requirements.Identification of Critical Areas and Required Buffers on Construction Plans.Critical areas and required buffers shall be clearly identified on all construction planssuch as, but not limited to, site development plans, residential building plans, commercialbuilding plans, forest harvest plans, conversion option harvest plans, etc.Markers, Fencing, and Signage.1. Markers. The Department may require the outer edge of the critical areaboundaries or, if applicable, required buffer boundaries on the site to be flagged bythe qualified professional, as outlined in each Chapter. These boundaries shall thenThe Pierce County Code is current through 2015-15, passed March 31, 2015.

Pierce County CodeChapter 18E.10 GENERAL PROVISIONSPage 10/247be identified with permanent markers and located by a licensed surveyor, unlessotherwise stated in this Title. The permanent markers shall be clearly visible,durable, and permanently affixed to the ground.2.Fencing.a.Temporary Construction Fencing. Temporary fencing is required whenvegetation is to be retained in an undisturbed condition within the critical areaand required buffer. In such cases, the applicant will be required to constructsilt fencing, construction fencing, or other County approved method oftemporary fencing at the edge of the critical area or, if applicable, the edge ofthe required buffer prior to beginning construction on the site. Temporaryfencing shall not be required when alteration to a critical area or the buffer isallowed.b.Permanent Fencing. The Department may require the construction ofpermanent fencing along the buffer boundary of a wetland, fish or wildlifehabitat conservation area or active landslide hazard area.3.Signage.a.The Department may require permanent signage to be installed at the edge ofthe critical area or, if applicable, the edge of the required buffer.b.When a sign is required, it shall indicate the type of critical area and if the areais to remain in a natural condition as permanent open space.c.Exact sign locations, wording, size, and design specifications shall beestablished by the Department. Required signage shall be clearly visible,durable, and permanently affixed to the ground.d.Prior to final approval of any critical area application, the applicant shallsubmit an affidavit of posting to the Department as proof that any requiredsigns were posted on the site.H. Building Setbacks.1.Unless otherwise provided in this Title, buildings and other structures shall be setback a distance of 15 feet from the edge of all critical area buffers or, where nobuffers are required, the edge of the critical area.2. The following uses and activities may be allowed in the building setback area:a.Landscaping;b.Uncovered decks;c.Building overhangs if such overhangs do not extend more than 18 inches intothe setback area;d.Impervious ground surfaces, such as driveways, parking lots, roads, andpatios, provided that such improvements conform to the water qualitystandards set forth in Title 17A PCC and that construction equipment does notenter the buffer during the construction process; ande.Clearing and grading.(Ord. 2004-56s § 4 (part), 2004)18E.10.090 Reconsideration and Appeal Procedures.Procedures for appeal of an administrative decision and procedures for reconsideration orappeal of a Hearing Examiner decision issued pursuant to this Title are set forth in Chapter 1.22PCC. (Ord. 2004-56s § 4 (part), 2004)The Pierce County Code is current through 2015-15, passed March 31, 2015.

Pierce County CodeChapter 18E.10 GENERAL PROVISIONSPage 11/24718E.10.100 Fees.Fees for applications and/or review of reports, studies, or plans filed pursuant to this Title areset forth in Chapter 2.05 PCC. (Ord. 2004-56s § 4 (part), 2004)18E.10.110 Compliance.A. The regulations for compliance with the provisions of this Title are set forth in Chapter18.140 PCC, Compliance.B. When a critical area or its required buffer has been altered in violation of this Title, theDepartment shall require the property owner to bring the site into compliance. Theproperty owner shall be required to submit the appropriate critical area application andcommence review, as applicable for each Chapter. In addition to any required siteinvestigation, delineations, assessments, reports, etc., the property owner shall berequired to submit a restoration plan that identifies the proposed mitigation to bring thesubject property into compliance with the requirements of this Title.(Ord. 2010-70s § 13 (part), 2010; Ord. 2004-56s § 4 (part), 2004)18E.10.120 Warning and Disclaimer of Liability.To promote public health, safety, and welfare, this Title provides the minimum standards fordevelopment of sites which contain or are adjacent to identified critical areas. The minimumstandards are deemed to be reasonable for regulatory purposes and are based on scientific andengineering considerations. However, natural and manmade events that exceed the scoperegulated under this Title may include but are not limited to: erosion of land, landslides, seismicand volcanic activity, mining, and flooding. Such events may cause serious personal or bodilyinjury, including death, and damage to or loss of property. The minimum standards in this Title arenot a guarantee against damage or injury. Applicants under this Title are responsible for fullyinvestigating and making their own assessment of all potential risks, harm, and dangers that maybe present in or near their site and are free to exceed the established standards if they choose.(Ord. 2004-56s § 4 (part), 2004)18E.10.130 Severability.If any provision of this Title or its application to any person or circumstance is held invalid, theremainder of this regulation or the application of the provision to other persons or circumstancesshall not be affected. (Ord. 2004-56s § 4 (part), 2004)18E.10.140 Appendices.A. Mapping Sources.B. Title and Plat Notification/Plat Notes.C. Forfeiture of Financial Guarantees.The Pierce County Code is current through 2015-15, passed March 31, 2015.

Pierce County CodeChapter 18E.10 GENERAL PROVISIONSPage 12/24718E.10.140 – Appendix AMapping SourcesThe following sources of information, or latest available version, may be used to indicate thepresence of critical areas within Pierce County and provide data used in the development of thePierce County Critical Area Atlas Maps:A. The following sources identify wetlands that are depicted in the Pierce County WetlandInventory Maps and/or used as indicators of wetland presence:1.Soil Survey of Pierce County Area, Washington, 1979, Soil Conservation Service,United States Department of Agriculture (USDA);2.Soil Survey of Snoqualmie Pass Area, Parts of King and Pierce Counties,Washington, United States Department of Agriculture, Soil Conservation Service,December 1992;3.National Wetland Inventory Maps, U.S. Department of Interior, Fish and WildlifeService, 1973;4.FEMA FIRM Maps and Flood Insurance Study;5.Aerial photographs, Department of Natu

Seismic Hazard Area Maps; 5. Volcanic Hazard Area Maps; 6. Mine Hazard Area Maps; 7. Aquifer Recharge and Wellhead Protection Areas Maps; . 9. Flood Hazard Area Maps; 10. Marine Shoreline Critical Salmon Habitat Maps; and . 11. Oak and Prairie Area Maps. Pierce County Code Chapter 18E.10 GENERAL PROVISIONS Page 4/247 The Pierce County Code is .