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(a) Review Process. Any new development, construction or use shall require that applicants disclose activities within two hundred fifty feet of a known or suspected critical area. The provisions of this section shall be applied to any such proposal. The review process shall proceed as follows:

(1) Application Meeting/Site Visit. Upon receiving a land use or development proposal, the planning official may schedule an application meeting and/or site visit with the proponent for purposes of a preliminary determination whether the proposal is likely to result in impacts to the functions and values of critical areas or pose health and safety hazards. At this meeting, the planning official may discuss the requirements of this chapter and other applicable regulations; provide critical area maps and other available reference materials; outline the review and permitting process; and work with the proponent to identify any potential concerns with regards to critical areas.

(2) Application and SEPA Checklist. For all nonexempt proposals, the proponent shall submit all relevant land use/development applications, together with a completed SEPA checklist.

(3) Determination of Need for Critical Areas Report. Based upon the preapplication meeting, if conducted, application materials, and the SEPA checklist, the planning official shall determine if there is cause to require a critical area report. In addition, the planning official may use critical areas maps and reference materials, information and scientific opinions from appropriate agencies, or any reasonable evidence regarding the existence of critical area(s) on or adjacent to the site of the proposed activity. See subsection (c) of this section.

(4) Documentation and Notification. The planning official shall document the preapplication meeting if conducted, and/or site visit, application and SEPA threshold determination, and any other steps or findings regarding the determination of whether a critical areas report will be required. The applicant shall receive notice of the determination and any findings that support it.

(b) Application Review and Conditions. Any new development, construction or use shall require that applicants disclose activities within two hundred fifty feet of a known or suspected critical area. The provisions of this section shall be applied to any such proposal. The review process shall proceed as follows:

(1) A permit shall only be granted if the permit, as conditioned, is consistent with the purpose and intent of this chapter. Additionally, permits shall only be granted if:

(A) A proposed action:

(i) Avoids significant adverse impacts to critical areas;

(ii) Takes affirmative and appropriate measures to minimize significant adverse impacts to critical areas; or

(iii) Mitigates (compensates for) unavoidable adverse impacts to critical areas; and

(iv) Assures no net loss of wetland function or value; and

(v) The proposal is consistent with all other applicable local, state, and federal regulations and standards.

(2) The proposal is compatible in design, scale, and use with other development or potential development in the area.

(3) The proposed actions implement, to the maximum extent possible, the best available construction, design, and development techniques that will result in the least adverse impact to the critical area.

(4) Any alteration to a critical area, unless otherwise provided for in this chapter, shall be reviewed and approved, approved with conditions, or denied based on the proposal's ability to comply with all of the criteria in subsections (b)(1)(A)(i) through (b)(1)(A)(v) of this section. The planning official shall document the preapplication meeting if conducted, and/or site visit, findings of an exemption, SEPA, or any other required application materials to review the application.

(5) The city may condition the proposed activity as necessary to mitigate impacts or address adverse impacts to critical areas and to conform to the standards required of this chapter. Through the review process the city of Selah shall have the authority to attach such conditions to any permit or authorization issued in order to mitigate impacts to critical area(s) and to carry out the provisions of this chapter. Such conditions may include, but are not limited to, the following:

(A) Specification of allowable lot sizes;

(B) Provisions for additional buffers relative to the intensity of a use or activity;

(C) Requirements and/or restrictions on the construction, size, location, bulk and/or height, etc., of structure(s);

(D) Dedication of necessary easements for utilities, conservation, open space, etc.;

(E) Imposition of easements agreements, sureties, deed restrictions, covenants, etc., on the future use and/or division of land that run with the land and are filed and recorded in the office of the Yakima County auditor;

(F) Limitations on the removal of existing vegetation;

(G) Additional measures to address issues such as erosion control, storm water management, filling, grading, etc.;

(H) Development of a mitigation plan to create, enhance, or restore damaged or degraded critical area(s) on and/or off site; and

(I) Any monitoring and/or maintenance plans necessary to implement the provisions of this chapter.

(6) Except as provided for by this chapter, any project that cannot adequately mitigate its impacts to critical areas in the sequencing order of preferences shall be denied.

(7) Favorable Determination. If the administrator determines that the proposed activity meets the criteria in this section and complies with the applicable provisions of this chapter, the administrator shall prepare a written notice of determination and identify any required conditions of approval. The notice of determination and conditions of approval shall be included in the project file and be considered in the next phase of the city's review of the proposed activity in accordance with any other applicable codes or regulations.

(A) Any conditions of approval included in a notice of determination shall be attached to the underlying permit or approval. Any subsequent changes to the conditions of approval shall void the previous determination pending review of the proposal and conditions of approval by the planning official.

(B) A favorable determination should not be construed as an endorsement or approval of any underlying permit or approval.

(8) Unfavorable Determination. If the administrator determines that the proposed activity does not adequately mitigate its impacts on the critical area and/or does not comply with the criteria in subsection (b)(4) of this section and the provisions of this chapter, the administrator shall prepare a written notice of the determination that includes findings of noncompliance.

(A) No proposed activity or permit shall be approved or issued if it is determined that the proposed activity does not adequately mitigate its impacts on the critical areas and/or does not comply with the provisions of this chapter.

(B) Following notice of determination that the proposed activity does not meet the review criteria and/or does not comply with the applicable provisions of this chapter, the applicant may request consideration of a revised critical areas report. If the revision is found to be substantial and relevant to the critical area review, the administrator may reopen the critical area review and make a new determination based on the revised report.

(9) Completion of the Critical Area Review. The city's determination regarding critical areas pursuant to this chapter shall be final concurrent with the final decision to approve, approve with conditions, or deny the development proposal or other activity involved.

(c) Critical Areas Report. If the planning official determines that the site of a proposed development potentially includes, or is within two hundred fifty feet of, critical area(s), a critical areas report may be required. When required, the expense of preparing the critical areas report shall be borne by the applicant. The content, format and extent of the critical areas report shall be approved by the planning official.

(1) The requirement for a critical areas report may be waived by the planning official if there is substantial evidence that:

(A) There will be no alteration of the critical area(s) and/or the required buffer(s);

(B) The proposal will not impact the critical area(s) in a manner contrary to the purpose, intent and requirements of this chapter and the city's comprehensive land use plan; and

(C) The minimum standards of this section will be met.

(2) No critical area report is required for proposals that are exempt from the provisions of this chapter.

(3) Critical area reports shall be completed by a qualified professional in the area to which the report pertains, approved by the planning official, who is knowledgeable about the specific critical area(s) in question.

(4) At a minimum, a required critical areas report shall contain the following information:

(A) Applicant's name and contact information, permits being sought, and description of the proposal;

(B) A copy of the site plan for the development proposal, drawn to scale and showing:

(i) Identified critical areas, buffers, and the development proposal with dimensions;

(ii) Limits of any areas to be cleared; and

(iii) A description of the proposed storm water management plan for the development and consideration of impacts to drainage alterations;

(C) The names and qualifications of the persons preparing the report and documentation of any fieldwork performed on the site;

(D) Identification and characterization of all critical areas, wetlands, water bodies, and buffers adjacent to the proposed project area. Delineation of wetlands shall be accomplished using the Washington State Wetlands Identification and Delineation Manual (Publication No. 96-94), March 1997 (as amended or revised);

(E) An assessment of the probable cumulative impacts to critical areas resulting from the proposed development of the site;

(F) An analysis of site development alternatives;

(G) A description of reasonable efforts made to apply mitigation sequencing to avoid, minimize, and mitigate impacts to critical areas;

(H) A mitigation plan, as necessary, developed in accordance with the mitigation requirements of this section and site assessment and evaluation, including, but not limited to:

(i) The identification of impacts of the proposed use or development within or adjacent to a critical area or buffer on the critical area; and

(ii) The impacts of proposed alteration of a critical area or buffer on the development proposal, other properties and the environment;

(I) A discussion of the performance standards applicable to the critical area and proposed activity;

(J) Financial guarantees to secure compliance; and

(K) Any additional information required for specific critical areas as listed in subsequent sections of this chapter.

(5) The planning official may request any other information reasonably deemed necessary to evaluate impacts to critical areas.

(d) Mitigation Requirements. The applicant shall seek to avoid material impacts that degrade the functions and values of critical areas. If alteration is not reasonably avoidable, material adverse impacts to critical areas and buffers resulting from the development or use proposed shall be mitigated in accordance with an approved critical areas report and SEPA documents. Mitigation shall be on site, when possible, and sufficient to reasonably maintain the functions and values of the critical area, and to prevent risk from a hazard posed by a critical area.

(1) Mitigation Sequencing. Applicants shall demonstrate that all reasonable efforts have been examined with the intent to avoid and minimize impacts to critical areas. When an alteration of a critical area is proposed, such alteration shall be avoided, minimized, or compensated for in the following order of preference:

(A) Avoiding the impact by not taking a certain action or parts of an action;

(B) Minimizing or reducing impacts by reducing the scope of the proposed use or development; by using accepted technology, engineering or design; or by taking affirmative steps, such as project design, relocation, or timing to avoid or reduce impacts;

(C) Rectifying the impacts to wetlands, critical aquifer recharge area(s), frequently flooded area(s), and habitat conservation area(s) by repairing, rehabilitating, or restoring the affected environment to historical conditions or the conditions existing at the time of initiation of the project;

(D) Minimizing or eliminating the risk or impact by restoring, stabilizing or protecting the critical area through engineered or other methods;

(E) Reducing or eliminating the risk or impact over time by preservation and maintenance operations for the duration of the proposed use or development;

(F) Compensating for the impact to critical areas, wetlands, critical aquifer recharge areas, frequently flooded areas, and habitat conservation areas by replacing, enhancing, or providing substitute resources or environments; and

(G) Monitoring the risk or other required mitigation and taking remedial action when necessary.

(2) Mitigation Plan. When mitigation is required, the applicants shall submit for approval a mitigation plan as part of the critical area report. The mitigation plan shall include:

(A) A written report identifying mitigation objectives, including:

(i) A description of the anticipated impacts to the critical area and the proposed mitigating actions and/or compensation measures, including the site selection criteria; identification of compensation objectives; identification of critical area functions and values; and dates for beginning and completion of site compensation construction activities;

(ii) A review of the best available science for the proposed mitigation and identification of authors (including curriculum vitae); and

(iii) An analysis of mitigation benefits derived from the compensation project.

(B) Measurable criteria for evaluation of the mitigation plan and compliance with the requirements of this chapter.

(C) Written specifications and descriptions of proposed mitigation, including, but not limited to:

(i) The proposed construction sequence, timing, and duration;

(ii) Grading and excavation details;

(iii) Erosion and sediment control features;

(iv) A planting plan specifying plant species, quantities, locations, size, spacing, and density; and

(v) Measures to protect and maintain plants until established.

(D) A program for monitoring mitigation measures and/or compensation project, and for assessing the completed project over time. The program may include a schedule for site monitoring and compliance with performance standards. A monitoring report may be required to document milestones, successes, problems, and contingency actions for either mitigation measures or compensation project. The mitigation measures or compensation project shall be monitored for a reasonable period necessary to establish that performance standards have been satisfied.

(E) Identify potential or alternative courses of action, and any corrective measures to be considered if monitoring or evaluation indicates the project has failed to meet performance standards.

(e) Agency Review. In cases where the planning official does not have adequate knowledge or training to determine the sufficiency and accuracy of information contained within a critical area report or mitigation plan, said reports or plans shall be submitted to qualified agencies or consultants for review and recommendations prior to acceptance by the city.

(f) Surety/Bonding. If a development proposal is subject to mitigation, maintenance or monitoring plans, the city of Selah, in a form acceptable to the city council and the city attorney, may require security, bond or other assurance device reasonable or necessary to ensure performance and compliance. (Ord. 2124, § 2 (Att.), 2021.)