28.20.060 Performance standards minimum requirements.
This section describes the minimum performance standard requirements for habitat areas.
(1) Bald Eagle Habitat. Bald eagle habitat shall be protected pursuant to the Washington State Bald Eagle Protection Rules (WAC 220-610-100 ). A habitat management plan shall be developed by the applicant in coordination with the U.S. Fish and Wildlife Service (USFWS) whenever activities that alter habitat are proposed near a verified nest territory or communal roost.
(2) Wetland Habitat. All habitat sites containing wetlands shall conform to the wetland development performance standards set forth in and shall conform to the wetland mitigation and restoration provisions set forth in PMC 28.16.080 through 28.16.120.
(3) Allowed Uses in Fish and Wildlife Habitat Conservation Areas.
(a) Roads, Bridges, and Utilities. Road, bridge, and utility maintenance, repair, and construction may be permitted across a fish and wildlife habitat conservation area and/or buffers under the following conditions:
(i) It is demonstrated to the City that there are no alternative routes that can be reasonably used to achieve the proposed development;
(ii) The activity will have minimum adverse impact to the fish and wildlife habitat conservation area;
(iii) The activity will not significantly degrade surface or groundwater; and
(iv) The intrusion into the fish and wildlife habitat conservation area and its buffers is mitigated to maintain ecological functions.
(b) Limited park or recreational access to a fish and wildlife habitat area; provided, that all of the following are satisfied:
(i) The access is part of a public park or a recreational resort development that is dependent on the access for its location and recreational function;
(ii) The access is limited to the minimum necessary to accomplish the recreational function; and
(iii) The intrusion is mitigated.
(c) Low-impact uses and activities that are consistent with the purpose and function of the fish and wildlife habitat area and do not detract from its integrity. Examples of low-impact uses and activities include removal of noxious vegetation and storm water management facilities such as grass-lined swales.
(4) Additional Protection Measures.
(a) Temporary and permanent erosion and sedimentation controls shall be provided to prevent the introduction of sediments or pollutants to water bodies or watercourses within the habitat area.
(b) Clearing and grading shall be limited to that necessary for establishment of the use or development and shall be conducted to avoid significant adverse impacts and minimize the alteration of the volume, rate, or temperature of freshwater flows to or within the habitat area and any buffer required by this section.
(c) The proposed development shall not discharge hazardous substances to the habitat area that would have significant adverse impacts on that area.
(d) Stream flows shall be protected from changes to the normal flow, temperature, turbidity, and discharge to the maximum extent practicable.
(e) Septic drainfields and any required replacement drainfield area shall be at least 100 feet from the edge of any aquatic habitat area.
(f) Exceptions to the above protection standards may be allowed by the Department of Community and Economic Development based on a special report prepared by a qualified biological professional that demonstrates that such exception would not adversely impact the habitat system, functions, and values of the habitat area.
(g) Stream Crossings. Stream crossings shall be minimized, but when necessary, they shall conform to the applicable provisions of SMP, CAO and other laws (see WDFW or Ecology).
(h) Storm Water Conveyance Facilities. Storm water conveyance facilities may be permitted; provided, that they are only located in the buffer when no practicable alternative exists outside the buffer. Storm water facilities shall be planted with native plantings where feasible to provide habitat, and/or less intrusive facilities should be used.
(i) Floodway-Dependent Structures. Floodway-dependent structures or installations may be permitted within streams or their buffers if allowed or approved by other ordinances or other agencies with jurisdiction. See PMC Title 24, Floodplain, for more information on allowed uses and activities within flood hazard areas.
(j) Trails. The criteria for alignment, construction, and maintenance of trails within wetlands and their buffers may not exceed 10 feet in width and may be constructed with impermeable surface materials if on-site infiltration is utilized.
(k) Native vegetation landscaping schemes shall be provided that do not require application of herbicides, pesticides, or fertilizer to maintain robust growth.
(l) No net-effective impervious surfaces may be created in the outer buffer area beyond what is otherwise permitted. [Ord. 4525 § 1, 2021; Ord. 3911 § 2, 2009; Code 1970 §§ 28.20.060 – 28.20.080.]