Agenda 10/26/2006 SPOKANE VALLEY PLANNING COMMISSION AGENDA
Council Chambers -City Hall 11707 E. Sprague Avenue
Oct. 26, 2006
6:00 to 9:00 pm
V
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. APPROVAL OF AGENDA
V. APPROVAL OF MINUTES
VI. PUBLIC COMMENT
VII. COMMISSION REPORTS
VIII. ADMINISTRATIVE REPORT
IX. COMMISSION BUSINESS
New Business —
Old Business — Continued Public Hearing - Proposed Urban Growth Areas
X. FOR THE GOOD OF THE ORDER
XI. ADJOURNMENT
COMMISSIONERS CITY STAFF
Gail Kogle, Chair Marina Sukup, AICP
Robert Blum, Vice-Chair Greg McCormick, AICP
Fred Beaulac Scott Kuhta, AICP
John G. Carroll Mike Basinger, AICP
David Crosby Cary Driskell, Deputy City Attorney
Ian Robertson Deanna Griffith
Marcia Sands www.spokanevallev.orq
CITY OF SPOKANE VALLEY
Request for Pan ing Commission
Meeting Date: October 26, 2006
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Information Uniform Development Code Title 20 Subdivision
Regulations (aka Title 14), and Title 21 Environmental Controls (aka
Title 15).
GOVERNING LEGISLATION: RCW 36.70, WAC 365-195-800 et seq., RCW 58.17, RCW
90.58
PREVIOUS COUNCIUCOMMISSION
ACTION TAKEN: The 2006-2026 Comprehensive Plan was adopted on April 25, 2006
and effective on May 10, 2006. Council received information
concerning the proposed process on July 11, 2006. The Planning
Commission conducted a public hearing on September 28, 2006 on
Title 20-Subdivisions.
BACKGROUND:
The City has one year to adopt regulations implementing the Comprehensive Plan. These
regulations will be incorporated into the Spokane Valley Uniform Development Code, including a
wide range of regulations, some of which the City Council has seen in the past. These
regulations are subject to the same requirements for early, continuous and collaborative public
participation as the Comprehensive Plan.
The Comprehensive Plan Implementation Matrix distributed earlier identifies all policies included
in the 2006-2026 Comprehensive Plan, some of which will require development regulations and
some of which do not. Proposed regulations will be included in the proposed Spokane Valley
Uniform Development Code (SVUDC) and was originally numbered Titles 17-25 of the Spokane
Valley Municipal Code. Upon further consideration, the City Attorney recommends that the
numbers be changed prior to final adoption.
Title 21 — Environmental Controls.
Title 21 includes provisions for compliance with the State Environmental Policy Act (SEPA) as
well as critical areas regulation including floodplain hazards, wetlands protection, fish and
wildlife conservation, geologically hazardous areas, critical aquifer recharge areas, and
Shoreline Management and Restoration (RCW 90.58). This Title is unique in many respects,
since the jurisdiction of several state agencies, as well as the federal government must be taken
into account.
SEPA: The SEPA process mimics the National Environmental Policy Act (NEPA) in
many ways. The administration of the process is delegated to a "lead agency" which is
resolved through a statutorily established process. Many planning (non-project),
development and construction projects are subject to SEPA review and administrative
determination, with the requirement for a hearing in the event the determination is
appealed.
Policy Questions: Should the City continue with the optional thresholds adopted by
Spokane County?
Information Report
Uniform Development Code Title 20 Subdivision Regulations(aka Title 14), and Title 21 Environmental Controls (aka
Title 15)
Page 2 of 3
Critical Areas:
Floodplain Hazard. Flood Hazard regulations are a condition of the City's participation in
the National Flood Insurance Program (NFIP) regulated by the Federal Emergency
Management Agency and the Washington Department of Ecology. The proposal
includes updates incorporated in the Washington Model Ordinance, as well special
provisions for flood storage, resulting from the recent completion of the Chester Creek
re-study. The proposal has been reviewed by FMA and the Washington Department of
Ecology.
Wetland Protection. Wetland buffers implement provisions of The Clean Water Act and
are included among the critical areas which must be regulated.
Fish & Wildlife Conservation._These provisions implement regulations for habitat
conservation established by the Washington Department of Natural Resources (DNR)
for riparian areas (RCW 90.58). DNR very recently completed its update of stream and
water body typing. These regulations replaced the earlier five stream type classification
with four, "S" Shorelines of the State, "F" Fish, "Np" Non-fish perennial and "Ns" Non-fish
seasonal. Sebacks and forest practices regulations (WAC 222-determine conservation
setbacks based on a combination of stream width (bankfull) and soil types, pursuant to
WAC 222-30-020. These regulations also replace the "ordinary high water mark" as a
benchmark with "bankfull".
Policy Question: Should the Director's authority to allow reductions in the riparian buffer
be reduced from 25% to 10%?
Geologically Hazardous Areas. These areas are designated on the Comprehensive
Plan and include both erosion and landslide hazard areas.
Critical Aquifer Recharge Areas. This provision regulates land uses with the potential for
aquifer contamination, based on susceptibility. A one thousand foot radius around all
groundwater wells is defined as "high" susceptibility", regardless of soil conditions.
Policy Question: Should containment of Critical Materials be included here or a part of
Title 24 Building Regulations, as is the case with Spokane County? The scope of the
regulation should be determined. Regulation of critical materials storage tanks is the
responsibility of the State.
Shoreline Master Program
The proposed Spokane Valley Shoreline Master Program (SMP) is subject to approval of
the Department of Ecology, which will require a separate public participation process.
The City collaborated with all jurisdictions in Spokane County, except the City of
Spokane, in performing an inventory and assessment of all statutorily designated
shorelines. These include "Shorelines of Statewide Significance" (Spokane River) and
"Shorelines of the State" which includes all bodies of water with a surface area of 20
acres or more. This includes both Shelley Lake, the Flora Pit and the Park/Thierman pit.
The SMP consists of the Plan (8.5 SV Comprehensive Plan and 8.6 Goals & Policies), a
restoration plan included as an appendix, and regulations to be incorporated into the
Spokane County Municipal Code, including Title 21 — Environmental Controls and Title
17- General Provision (Enforcement & Penalties).
The City of Spokane is in the process of updating its own Shoreline Master Program.
Part of the process includes designating "shoreline environments" which may affect
adjacent land uses. Shoreline Management Programs place a strong emphasis on an
Information Report
Uniform Development Code Title 20 Subdivision Regulations (aka Title 14), and Title 21 Environmental Controls (aka
Title 15)
Page 3 of 3
environmentally "properly functioning condition" and public access to the water. Present
regulations also require a restoration plan. The statute also requires specific provisions
related to signage, roadway and utility construction, fill, docks and buoys, as well as
shoreline protection. "Substantial Development Permits" are required for construction in
shoreline areas.
Since the regulations must follow the formulation of the SMP, they should be discussed
concurrently. Staff proposes to distribute the draft to interested parties, followed by one
or more open houses to be held at City Hall from 4-6 pm on the same dates as the
Planning Commission.
The proposed drafts include the preliminary comments and recommendations of the
Department of Ecology. Policy questions have been identified for the Commission, and
the text of the relevant statutes to assist the Commission in their deliberations.
Policy Questions:
Setbacks from the Ordinary High Water Mark increased from 50 feet to 100 feet?
Prohibitions on new docks for single family residential?
Limitation on size and alignment of replacement docks? (This should be retained, even
if new docks should be permitted, although the dimensions may be revised)
Are the Shoreline Environments properly identified on the maps?
OPTIONS: Schedule for an administrative report or take no action.
RECOMMENDED ACTION OR MOTION: None required.
BUDGET/FINANCIAL IMPACTS: None.
STAFF CONTACT: Marina Sukup, AICP, Community Development Director
ATTACHMENTS:
SEPA proposed regulations
Proposed Critical Areas regulations
Shoreline Master Program
Plan (Comp Plan Chapter 8.5)
Goals & Policies (Comp Plan Chapter 8.6)
Regulations
Title 21
Title 17.60
8.5 SHORELINE MASTER PROGRAM
[To be incorporated into the Spokane Valley Comprehensive Plan]
8.5.1. Planning Context
The goals, policies and regulations of the Shoreline Management Program are promulgated
under the authority of and pursuant to the requirements of Chapter 90.58 RCW, the Shoreline
Management Act of 1971, Shoreline Master Program Planning Guidelines WAC 173-26 and
Shoreline Management Permit and Enforcement Procedures WAC 173-27, and Chapter 8—
Natural Resources of the Spokane Valley Comprehensive Plan
The Shoreline Management Act (SMA) further designates "natural rivers or segments thereof"
that have a mean annual flow of two hundred (200) cubic feet per second (cfs) and lakes of 20
acres or more in size, or more, as shorelines of statewide significance.
The interests of all of the people of the State shall be considered in.the management of
shorelines of statewide significance. Accordingly, preference is given to uses and development
that meet the following principles:
a. Recognize and protect the statewide interest over local interest;
b. Preserve the natural character of the shoreline;
c. Result in long-term over short-term benefits;
d. Protect the resources and ecology of the shoreline;
e. Increase public access to publicly owned areas of the shoreline; and
f. Increase recreational opportunities for the public on the shorelines.
g. Provide for any other element as defined in RCW 90.58.100 deemed appropriate or
necessary.
Pursuant to RCW 90.58.100 the SMP shall include:
a. An economic development element for the location and design of industries, industrial
projects of statewide significance, transportation facilities, port facilities, tourist facilities,
commerce and other developments that are particularly dependent on their location on
or use of the shorelines of the state;
b. A public access element making provision for public access to publicly owned areas;
c. A recreational element for the preservation and enlargement of recreational
opportunities, including but not limited to parks, tidelands, beaches, and recreational
areas;
d. A circulation element consisting of the general location and extent of existing and
proposed major thoroughfares, transportation routes, terminals, and other public utilities
and facilities, all correlated with the shoreline use element;
e. A use element which considers the proposed general distribution and general location
and extent of the use on shorelines and adjacent land areas for housing, business,
industry, transportation, agriculture, natural resources, recreation, education, public
buildings and grounds, and other categories of public and private uses of the land;
f. A conservation element for the preservation of natural resources, including but not
limited to scenic vistas, aesthetics, and vital estuarine areas for fisheries and wildlife
protection;
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g. An historic, cultural, scientific, and educational element for the protection and
restoration of buildings, sites, and areas having historic, cultural, scientific, or
educational values;
h. An element that gives consideration to the statewide interest in the prevention and
minimization of flood damages; and
i. Any other element deemed appropriate or necessary to effectuate the policy of this
chapter.
RCW 90.58.100 the SMP also requires that
"(6) Each master program shall contain standards governing the protection of
single family residences and appurtenant structures against damage or loss
due to shoreline erosion. The standards shall govern the issuance of
substantial development permits for shoreline protection, including structural
methods such as construction of bulkheads, and nonstructural methods of
protection. The standards shall provide for methods which achieve effective
and timely protection against loss or damage to single family residences and
appurtenant structures due to shoreline erosion. The standards shall provide a
preference for permit issuance for measures to protect single family
residences occupied prior to January 1, 1992, where the proposed measure is
designed to minimize harm to the shoreline natural environment."
In 2003 c 321: "(1) The legislature finds that the final decision and order in Everett
Shorelines Coalition v. City of Everett and Washington State Department of Ecology, Case
No. 02-3-0009c, issued on January 9, 2003, by the central Puget Sound growth
management hearings board was a case of first impression interpreting the addition of the
shoreline management act into the growth management act, and that the board considered
the appeal and issued its final order and decision without the benefit of shorelines
guidelines to provide guidance on the implementation of the shoreline management act and
the adoption of shoreline master programs.
(2) This act is intended to affirm the legislature's intent that:
(a) The shoreline management act be read, interpreted, applied, and implemented
as a whole consistent with decisions of the shoreline hearings board and
Washington courts prior to the decision of the central Puget Sound growth
management hearings board in Everett Shorelines Coalition v. City of Everett and
Washington State Department of Ecology,
(b) The goals of the growth management act, including the goals and policies of the
shoreline management act, set forth in RCW 36.70A.020 and included in RCW
36.70A.020 by RCW 36.70A.480, continue to be listed without an order of priority;
and
(c) Shorelines of statewide significance may include critical areas as defined by
RCW 36.70A.030(5), but that shorelines of statewide significance are not critical
areas simply because they are shorelines of statewide significance.
(3) The legislature intends that critical areas within the jurisdiction of the shoreline
management act shall be governed by the shoreline management act and that critical areas
outside the jurisdiction of the shoreline management act shall be governed by the growth
management act. The legislature further intends that the quality of information currently
required by the shoreline management act to be applied to the protection of critical areas
within shorelines of the state shall not be limited or changed by the provisions of the growth
management act." [2003 c 321 § 1.1
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8.5.2 Scope and Application
The Spokane Valley Shoreline Management & Restoration Program has been fully integrated
within the planning and regulatory framework of the City including:
1. The Shoreline Goals, Policies and Shoreline designations set forth herein and incorporated
into Chapter 8 of the Spokane Valley Comprehensive Plan.
2. The regulations set forth in Spokane Valley Municipal Code Title 21 Environmental
Controls..
3. The Official Shoreline Designation Map maintained in the Department of Planning &
Community Development included in Chapter 8 of the Comprehensive Plan.
4. Inventory and Assessment was conducted by Landau Associates, July 2005, adopted by
reference.
5. Department of Natural Resources Stream Typing, 2006.
6. Department of Natural Resources Reclamation Permit data.
7. Spokane County Conservation District Shoreline Inventory &Assessment, January 2005,
adopted by reference.
8. Shoreline Assessment for Spokane County Lakes, URS Corporation, December 2002,
adopted by reference.
8.5.3 Existing Conditions
8.5.3.1. Shorelines of Statewide Significance
1. The Spokane River is the only Shoreline of Statewide Significance within or adjacent to the
City. Reaches within the jurisdiction of the City include portions of Reach 3 and 8, as well as all
of Reaches 4 though 7, identified and evaluated by the Spokane County Conservation District.'
The condition of the river is described in the following table:
LengthDevelopment
(river W/D PFC Ecological Restoration
Reach miles) Sinuosity Ratio Rating Rating Potential Risk
3 3.4 Low High PFC Fair-good Fair-poor High
4 0.9 Moderate High PFC Fair Fair-poor High
5 3.2 Moderate High PFC Fair-good Poor High
6 2.8 Moderate High PFC Poor-fair Fair-good High
7 2.3 Low Low FAR Poor-fair Poor-fair High
8 1.2 Low Low PFC Fair-good Low-N/A High
W/D Width/depth ratio.
PFC Proper functioning condition.
FAR Functional-at-risk.
N/A Not applicable.
Red text indicates high priority reach
2. The statewide interest in preserving the natural character of the shoreline is supported through
most reaches within the jurisdiction of Spokane Valley by the Centennial Trail, located on the
south shore, which provides recreational opportunities as well as public access to publicly
owned areas of the shoreline. Increased public access and recreational use may require
additional attention to maintenance and conservation to protect the ecology and resources of
' Shoreline Inventory&Assessment, Spokane County Conservation District, January 2005.
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the shoreline. The portion of Reach 7 downstream of Plantes Ferry Park is a prime candidate
for a mixed use redevelopment. The development of Myrtle Point Park should be designed to
off-set ecological degradation resulting from past industrial uses and future redevelopment.
The north bank of the river through Reaches 5 and 6 is primarily industrial with adequate
setbacks from the river. Residential properties on the north bank of the river are separated
from the river by the property owned by the Washington Department of Parks and Recreation.
3. Factors to be considered pursuant to RCW 90.58.100 were incorporated into the designation of
Shoreline environments and the goals and policies that follow.
8.5.3.2 Shorelines of the State
1. Shorelines of the state in Spokane Valley include Shelley Lake and two permitted aggregate
surface mines with operational mineral resource recovery operations in progress.
a. Shelley Lake: The shoreline of the 35.9 acre lake is described as stable with little or
no vegetation, an absence of riparian and wetland vegetation and non-functional
wetland area. Water quality is poor with iron oxide deposits visible along shorelines
and basalt cliffs, with significant potential for non-point source pollution. PFC rating
is functional-at risk, with a moderate sensitivity to development and a significant
opportunity and need for restoration.
b. Flora Pit: Water surface of 24.2 acres in 2006 with bare shoreline (Central Pre-Mix
Pit/Acme Materials Reclamation Permit Nos. 70011179 and 70012884—sand and
gravel) operated under a DNR Surface Mining permit. Following closure of the pit,
The reclamation plan provides for restoration of the site with revegetation with native
plant species to be maintained as a wildlife habitat. Speedway Pit
(Park/Thierman): Water surface of 53.8 acres with bare shorelines intrudes into the
Spokane Rathdrum aquifer. (Central Pre-Mix Pit/Acme Materials Reclamation
Permit Nos. 70012085 and 70010226—sand and gravel) operated under a DNR
Surface Mining permit. Following closure of the pit, The reclamation plan provides
for restoration of the site with revegetation with native plant species to be
maintained as a wildlife habitat.. 2. Factors to be considered pursuant to RCW
90.58.100 were incorporated into the designation of Shoreline environments and
the goals and policies that follow.
8.5.3.3. Standards for Protection of Residential Properties from Shoreline Erosion.
Single family residential property potentially affected by shoreline erosion is generally limited to an
area located west of the Town of Millwood adjacent to the Spokane River in Reach 7. The area
includes 27 lots, 20 of which include residential structures, 17 of which were constructed prior to
1992. Because of the dam, downstream current is slow and the channel is vertically and laterally
stable. The Conservation District analysis observed that low water velocities, coupled with man-
made structures along the banks, protect banks from erosion. There is no significant erosion on
the shorelines of the forebay pool behind Updriver Dam where the vegetation has been left alone.
An additional 30 unimproved residential lots are located east of Millwood and west of Myrtle Point.
Bio-engineered bank stabilization and protection/non-disturbance of native riparian vegetation
should be required to prevent shoreline degradation resulting from development.
8.5.4 Shoreline Management Environment Designations
8.5.4.1. Classification
1. In general. In order to provide a uniform basis for applying policies and use-regulations within
distinctively different shoreline designations, shorelines are classified based on existing
development patterns, ecological function, and the community's goals and aspirations.
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The shoreline designation system classifies shorelines into three management environments,
Natural, Rural-Conservancy, , Urban Conservancy, and Shoreline Residential. The system is
intended to permit continued development not inconsistent with maintaining ecological function and
character of the environment.
2. Natural Environment Uses
a. The Natural Environment classification is intended to protect those shoreline areas that
are relatively free of human influence or include intact or partially degraded shoreline
functions intolerant of human use.
b. Development permitted within Natural Areas is established in SVMC 21.50.
c. Significant vegetation removal that would reduce the capability of vegetation to perform
normal ecological maintenance functions is prohibited.
3. Urban Conservancy Environment
a. The Urban Conservancy Environment classification is intended to protect and restore
ecological functions of open space, flood plain and other sensitive lands where they
exist in urban and developed settings, while allowing a variety of compatible uses.
b. Public access and public recreation objectives should be implemented whenever
feasible and where significant ecological impacts can be mitigated.
c. Priority is given water-related uses over non-water-oriented uses. For shoreline areas
adjacent to commercially navigable waters, water-dependent uses should be given
highest priority.
d. Development permitted within Urban Conservancy Environment Areas is established in
SVMC 21.50.
d. Uses that result in restoration of ecological functions should be allowed if the use is
otherwise compatible with the purpose of the environment and the setting.
e. Standards should be established for shoreline stabilization measures, vegetation
conservation, water quality, and shoreline modifications within the Urban Conservancy
designation.
4 Shoreline Residential Environment
a. The Shoreline Residential Environment is intended to accommodate residential
development and to provide appropriate public access and recreational uses.
b. Standards for density or minimum frontage width, setbacks, lot coverage limitations,
buffers, shoreline stabilization, vegetation conservation, critical area protection, and
water quality are established in SVMC 21.50 to assure no net loss of shoreline
ecological functions.
c. Multifamily and multi-lot residential and recreational developments should provide joint
use of recreational facilities.
d. Existing public access should be maintained consistent with constitutionally protected
private property rights..
5. Map 8.xx identifies Shoreline environments in the City of Spokane Valley identified through
detailed analysis and citizen participation. (See also Maps 8.xx through 8.Xn.
6. Shoreline Restoration is addressed in an Appendix X.
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8.6 GOALS AND POLICIES [To be incorporated into the Comprehensive Plan]
Goals
SMG- 1 — Use and Development: Encourage economic development in shoreline areas which
depend on their location or use being on the shorelines of the state.
Policies
SMP 1.1. The location of economic development activities should be appropriate in relation
to other land uses and the ecological functions of the shorelines.
SMP 1.2 Access and utilities should be designed to protect and/or enhance the natural
functioning conditions of the shoreline area.
SMP 5.1. Shoreline uses should consider the environmental impact of their location,
distribution and design.
SMP 5.2. All existing and proposed developments should be provided with a full range of
utility services adequate to serve the developments and protect against hazards to the
public and the physical environment.
SMP 5.3. Adverse changes to the natural character of the shorelines and interference with
the public's use of publicly owned water bodies and shoreline areas should be minimized.
Goals
SMG-2 - Public Access and Circulation: Provide reasonable and adequate public access, both
physical and visual, to the publicly owned shorelines while providing for the protection of the
natural environment and private property rights.
Policies
SMP 2.1. Physical and visual access to water should be preserved and increased.
SMP 2.2. Access design and spacing of access points should be based on the ecological
function of the shoreline features and should protect fragile shoreline elements.
SMP 2.3. Except for carefully designed access points, roads, motorized vehicles and
parking should be kept as far from shorelines as feasible.
SMP 2.4. All circulation elements should be designed to minimize conflict between modes
of travel, particularly between recreation and through traffic, and between auto, bicycle, and
pedestrian traffic.
SMP 2.5. Corridors for transportation and utilities should be combined when possible.
SMP 2.6. Vehicular circulation facilities should be on the upland side of development
whenever physically feasible.
SMP 2.7. Bike paths, foot paths, and bridle paths should be encouraged while still
protecting fragile shoreline elements.
Goal
SMG - 3 — Recreation: Preserve, increase and diversify recreational opportunities on the
shorelines of Spokane Valley.
Policies
SMP 3.1. Encourage the preservation of shorelines for public use.
SMP 3.2. Both passive and active recreation should be encouraged.
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SMP 3.3. Public and private recreational uses should be consistent with maintaining the
ecological functions of the shoreline resources to support such use.
Goals
SMG -4—Conservation: Preserve natural shoreline resources including but not limited to scenic
vistas, aesthetics, and areas vital for fisheries and wildlife habitat.
Policies
SMP 4.1. Unique and fragile shoreline and wetlands resources should be preserved and
natural and semi-natural open spaces should be preserved and enhanced using best
available science.
SMP 4.2. Aesthetics, scenic vistas and irreplaceable resources should be preserved.
Goals
SMG - 5 - Historical and Cultural: Identify, protect, preserve, acquire, and restore shoreline
resources that have cultural, historic, educational, or scientific values.
Policies
SMP 5.1. All actions within shoreline areas should identify, preserve, and restore buildings,
sites or areas that have cultural, historical, educational or scientific significance in
accordance with all current applicable local, state and federal regulations.
SMP 5. 2. Public acquisition through purchase, gifts, bequests, or donations of buildings or
sites having cultural, scientific, educational, or historical value should be encouraged.
Goals
SMG - 6 -Shoreline Restoration and Protection: Rehabilitate those shorelines where ecological
functions have been degraded.
Policies
SMP 6.1. Develop and implement a program to restore the ecological functions of degraded
shorelines:
SMP 6.2. Developing and implementing a restoration program should be a collaborative
effort among public and private entities and interested citizens.
SMP 6.3. Shoreline restoration should include:
a. implementation of strategies to meet goals and priorities
b. benchmarks to measure levels of restoration , monitoring and maintenance.
c. citizen education and involvement
d. encouragement of collaborative partnership of private and public entities willing
and able to contribute to the rehabilitation of shoreline resources.
Goals
SMG-7 Ensure that no net loss of ecological functions will result from the development and use of
the shorelines
Policies
SMG 7.1. Develop regulations and mitigation standards in the shoreline master program to
implement a policy of no net loss policy.
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SMG 7.2. Preserve priority habitat.
SMG 7.3. Disseminate information regarding the proper care and use of shoreline
resources to foster stewardship.
SMG 7.4. Restoration strategies may include, but not be limited to, land banking, shoreline
acquisition (e.g. conservation futures), conservation easements, transfer of development
rights and clustering of development.
SMG 7.5. Identify mitigation measures to achieve a "no net loss of ecological functions"
determination prior to issuance of development approvals. (WAC 173-26-201(e).
SMG 7.6. Monitor shoreline uses to assure compliance with the goals, policies and use
activity regulations of the Shoreline Management Program.
Goal
SMP 8: Encourage good stewardship of shorelines
Policies
SMP 8.1- Encourage establishment of landowner associations within each shoreline
designation.
SMP 8.2- Disseminate educational materials promoting good stewardship and
construction practices.
SMP 8.3- Educate property owners, shoreline users and the development community
regarding shoreline management regulations.
Goal
SMP 9. Encourage Interagency Cooperation and Coordination
Policies
SMP 9.1 Provide educational information regarding programs on the website with links to
other agency programs.
SMP 9.2 Encourage interagency collaboration and partnerships through Spokane County
as the regional clearinghouse of shoreline protection and restoration information.
SMP 9.3 Encourage public agencies to alert their clients about the existence of other
shoreline protection and restoration programs sponsored.by public and private
agencies.
Goal
SMG 10 -Special Flood Hazards; Manage special flood hazard areas to enhance environmental
quality and to minimize the risks to life and property.
Policies
SMP— 10.1. Minimize impacts of new development on special flood hazard areas through
design that accommodates flood events without property damage, in accordance with the
standards and requirements of the National Flood Insurance Program.
SMP - 10.2. Maintain, protect and restore natural drainage systems to control erosion and
to protect water and environmental quality in conformance with the Clean Water Act and the
National Pollution Control Elimination Systems (NPDES).
SMP — 10.3. Retain, restore and enhance natural vegetation buffers adjacent to the high
water mark of a perennial or intermittent stream or other special flood hazard areas.
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SMP — 10.4. Encourage the use of bioengineering techniques, rather than hard
engineering structures to stabilize the floodway.
SMP — 10.5. Special flood areas shall be identified through hydrologic and hydraulic study
methods approved by the Federal Emergency Management Agency .
SMP — 10.5. Development within flood hazard areas should be required to mitigate any
adverse environmental impacts, both temporary and permanent, in accordance with critical
areas and flood plain regulations.
Goal
SMG - 11- Private Property Rights: Recognize and protect property rights consistent with the
public interest.
Policies
SMP 1.1. Encourage shoreline preservation and restoration with due respect for
constitutionally protected private property rights.
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Appendix XX
Shoreline Restoration
Criteria for Identifying Priority Projects & Mitigation.
1. Priority criteria include:
• Restoration meets the goals and policies pertaining shoreline protection and restoration.
• Restoration avoids residual impacts to other shoreline functions or processes.
• Projects address a known degraded condition.
• Conditions that are progressively worsening are of greater priority.
• Restoration has a high benefit to cost ratio.
• Restoration is feasible, such as being located on and accessed by public property or private
property that is cooperatively available for restoration.
• Restoration measures shall not adversely impact upstream or downstream properties.
• There is public support for the project.
• The project is supported by and consistent with other restoration plans, such as those for
Water Resources Inventory Area 57.
2. The five components of a restoration project plan shall at a minimum include the following:
specific site plan, implementation, performance assessment strategy, adaptive management
techniques, and dissemination of results.
3. Mitigation strategies, both on-site and off-site shall be considered based on a detailed site
restoration plan prepared by a qualified wetland/riparian specialist including:
• Planting of native vegetation that mimics the adjacent plant communities.
Communities should include shrubs, trees, and herbaceous components.
• Minimal grading or sloping to replicate natural topography.
• Drip irrigation to increase survivability of introduced vegetation. Use available
hydrology necessary for the reestablishment of vegetation where drip irrigation is
not necessary.
• Placement of small quantities of plant material in areas that have fairly intact habitat
conditions to improve function and value.
• Placement of tree and shrub habitat components that are focused in providing
habitat connectivity or canopy cover for fish and wildlife values.
• Monitoring and evaluation to include periodic watering, removal of noxious or
invasive plants, and replacement of seed in areas of low grass reestablishment
e. Buffer Requirements based on Best Available Science, exclude encroachment into the
established buffer area as established in the SVMC 21.40.
f. Hydrology enhancement/alteration provides re-establishment of natural hydrology to
include:
• Culvert replacement removal.
• Dike removal or maintenance.
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• Artificial drainage removal (tiling, ditching, etc.)
• Floodplain reconnection
• Barrier removal
4. Shoreline Restoration
Stream
Responsible Oversight
Miles/Acreage Shoreline Impact Schedule/Method
Reach/
Ecologicalfor Monitoring Disturbances
PFC Restoration
6 RR Bridge to Myrtle Increased run-off,reduced 2012 through Spokane Ecology,
1.6 Point filtration capability,water development Valley, Spokane
quality affected by nutrients mitigation, SRTC, Valley
(a) Lacks riparian vegetation and sedimentation,loss of volunteer action, volunteers
dueto development and habitat and work in
parks connection with
rail bridge
construction
6 Myrtle Point
Increased run-off,reduced 2009—In Spokane Ecology,
0.6 Lack riparian vegetation filtration capability,water conjunction with Valley Spokane
quality affected by nutrients park development Valley
(a) and sedimentation, loss of
habitat
6 Centennial Trail Increased run-off,reduced 2008 Development Spokane Ecology,
Eokane
0.6 Footbridge to SV City filtration capability,water Mitigation Vaplley,Developer cpky
Limits quality affected by nutrients
(a) Lacks riparian vegetation and sedimentation,loss of
due to development habitat
Lakes
Shelley Lake Fragmentation of Loss of wildlife habitat, 2011 Developer, Ecology,
Shelley Lake Spokane
A vegetative communities, increased runoff,lowered n
eo
omHwwers Valley
(c) increase in impervious filtration capability increasing omeotier
surfaces,introduction of nutrients and sediments
Assfertilizers and possibly flowing to lake potentially
herbicides reducing water quality and
fish life
Central Pre- Park&Thierman. Active mining—Closure 2008 Restoration
in
ance with CPeemr ll DNR
Mix Reclamation Plan
—grading,
revegetation .
Flora Pit Flora and Sullivan Active mining- Restoration in Central DNRconformance with Premix
Active gravel/sandmining Reclamation Plan
—grading,
revegetation
PFC: Properly Functioning Condition
(a) Properly Functioning Condition-When adequate vegetation, landform,or large woody debris is present to: dissipate stream
energy associated with high waterflow,thereby reducing erosion and improving water quality;filter sediments,captures bedload,
and aids in floodplain development;improve flood-water retention and ground-water recharge;develop root masses that stabilize
streambanks against cuffing action; develop diverse ponding and channel characteristics to provide the habitat and the water
depth, duration, and temperature necessary for fish production, waterfowl breeding, and other uses; and supports greater
biodiversity.
(b) Functional-At Risk-Riparian-wetland areas that are in functional condition,but an existing soil,water,or vegetation attribute
makes them susceptible to degradation.
(c) Nonfunctional-Riparian-wetland areas that clearly are not providing adequate vegetation, landform,or large woody debris to
dissipate stream energy associated with high flows,and thus are not reducing erosion,improving water quality,etc.
11
Shoreline Restoration Incentives
The restoration plan must be coordinated with these other components of a master program.
Under the Shoreline Management Guidelines (WAC 173-26) restoration planning has a particular
purpose that exists separate from development regulations. The Guidelines focus restoration
requirements on the use of master program "policies," as opposed to "development regulations."
Under the guidelines, local governments are not required to plan to have individual permittees
restore past damages to an ecosystem as a condition of a permit approval for new development,
although the permittee must fully mitigate for any new harms. Restoration planning should be
focused on such tools as economic incentives, participation in public agency resource
management programs, utilization of private funding sources and public education.
8.5.5.5 Shoreline Management Regulations
Title 21 of the Spokane Valley Municipal Code (SVMC) includes regulations implementing the
State Environmental policy Act, the Spokane Valley Shoreline Management & Restoration Program
and Critical Area. These regulations require that proponents of new development (and some
exempt improvements) that disturb the shoreline environment prepare a report, prepared by a
qualified biologist, demonstrating that there will be no net-loss of ecological function.
8.5.5.6 Protection and Restoration Monitoring
Spokane Valley will evaluate the effectiveness of shoreline restoration and protection strategies
every 3 years in conjunction with the annual update of the Comprehensive Plan.
12
APPENDIX XX
8.5.6 Resources
Numerous public and private agencies have responsibility to protect/restore shoreline ecological
conditions, maintain shoreline aesthetics, improve public access, and to maintain recreational
value as well as wildlife habitat. These agencies include but are not limited to the Spokane County
Conservation District, Inland Northwest Land Trust, WSU Cooperative Extension Service of
Spokane County, Inland Paper Company/Centennial Land Company, Washington State Lake
Protection Association, Washington State Department of Fish and Wildlife, Washington State
Department of Parks and Recreation, Washington State Department of Ecology, Natural Resource
Conservation Service, Spokane County, Avista Company, Northwest Power and Conservation
Council, Upper Columbia Association of Indian Tribes, Washington State Department of Natural
Resources, United States Environmental Protection Agency, and the US Fish and Wildlife Service.
Spokane County Conservation District(SCCD) Programs:
• Buffer Cost Share Program: includes different cost share rates on riparian replanting and
other best management practices components (off-creek watering, fencing, plants). This
SCCD program offers cost-share on such practices as stream-side fencing, off-creek
watering facilities, buffer plantings, grass only, irrigation weed control (2 yr maintenance).
Buffers may vary, but most are narrow strips of land, planted with permanent vegetation,
either grass, shrubs, and/or trees.
• Backyard Conservation Program : provided advice that will help transform a yard into a
natural haven for birds, blooms, and beauty.
• Water, Wetlands, Ponds Program: provides information on water rights, water testing
and maintaining local watersheds. This program assists landowners in the protection of
wetlands and the design and implementation of artificial ponds.
• Stewardship Incentive Program: provides financial assistance to support conservation
efforts of farmers, ranchers or small acreage owners. Through partnerships with state and
federal agencies, the SCCD can provide access to assistance for conservation practices
such as irrigation and water management, erosion and flood control, animal waste
management, and habitat restoration.
• Watershed Conservation/Habitat Restoration Program: is funded by the Natural
Resource Conservation Service to acquire trees and shrubs for plantingin shoreline areas
to rehabilitate the ecosystem.
Inland Northwest Land Trust(INLT)
INLT identifies high ecological value land and negotiates long term conservation easements or
outright land purchases.
Forestry Riparian Easement Program protects the qualifying timber and its associated riparian
functions with easements.
Washington Department of Fish and Wildlife (WDFW): has both regulatory and non-regulatory
programs that seek to protect, enhance, and restore shoreline areas, including:
• Backyard Wildlife Sanctuary Program is designed to help homeowners enhance
native habitat.
• Landowner Incentive Program (LIP) is a competitive grant process to provide
financial assistance to private landowners for the protection, enhancement, or
restoration of habitat to benefit"species at risk" on privately owned lands.
13
• Watershed Stewardship Program (WST) coordinates resources in local planning and
recovery efforts for salmonids.
Water Quality/Centennial Clean Water Program(Washington State Department of Ecology):
funds the Shoreline Inventory and Assessment Project and includes a Total Maximum Discharge
Limits (TMDLS) assessment of the Spokane River.
Natural Resource Conservation Service [NCRS]
• Environmental Quality Incentives Program: provides technical, educational, and
financial assistance to eligible farmers and ranchers to address soil, water, and related
natural resource concerns on their lands.
• Wetlands Reserve Program Plant Materials Program provides native plants for
wetland restoration, water quality improvement, stream bank and riparian area
protection and other special conservation treatment needs
• Wildlife Habitat Incentives Program: provides financial incentives to develop habitat
for fish and wildlife on private lands. Participants agree to implement a wildlife habitat
development plan and USDA agrees to provide cost-share assistance for the initial
implementation of wildlife habitat development practices.
• Watershed Program: works through local government sponsors providing technical
and financial assistance for for watershed protection, erosion and sediment control,
water quality protection, fish and wildlife habitat enhancement, wetlands creation and
restoration,
US Fish and Wildlife Service
• North American Wetlands Conservation Act Grants Program (NAWCA) supports
the long-term protection of wetlands and associated uplands habitats needed by
waterfowl and other migratory birds in North America. .
• Partners for Fish and Wildlife (PFW) supports voluntary restoration of wetlands and
other fish and wildlife habitats on private land through public-private partnerships.
• Private Stewardship Program (PSP) provides grants and other assistance on a
competitive basis to individuals and groups for voluntary conservation efforts to benefit
federally listed, proposed, or candidate species, or other at-risk species on private
lands.
Spokane County
• Open Space Taxation Program: pursuant to Chapter 84.43 RCW, this program benefits
owners maintaining property undeveloped or minimally developed.
• The Conservation Futures Program: provides a means for counties to acquire lands and
habitats important to the preservation of wildlife or lands having significant recreational, social,
scenic, or esthetic values.
WSU Cooperative Extension Service (WSUCES) of Spokane County Realtor Education
Program provides information to realtors to clients regarding protection and conservation of
shoreline areas and encourages them to pass it on to their clients.
Master Gardner Training Program (WSUCES program) includes a block of information
pertaining to conserving and protecting shoreline vegetation and if replanting is necessary what are
the most appropriate plantings (referred to as `natural landscaping') that will survive and protect
and conserve shoreline functions.
14
Washington Water Program (WSUCES program) website includes information regarding
streamside plantings which protect the shoreline ecology.
Washington State Department of Ecology (DOE) information addresses bank protection, native
vegetation protection and enhancement, noxious weed abatement, non-point source pollution
15
21.50. Shoreline Management& Restoration Program
[To be included as part of the SV Municipal Code —Title 21 Environmental Controls]
21.50.010 Purpose & Applicability. The purpose of these regulations is to manage shoreline
resources within the City of Spokane Valley in conformance with the Spokane Valley
Comprehensive Plan, Spokane Valley Shoreline Management and Restoration Program and state
policies applicable to Shorelines of Statewide Significance (RCW 90.58.020 ), Shorelines of the
State, and shoreland areas.
21.50.020 Land Uses.
1. Land uses within shoreline environments may be permitted, limited or conditioned as
follows:
Environment
Permitted Uses C, m
C
—C .T 8
8 c o )
Z O C/) Et
Commercial Uses
Non-water Recreation
Water-related recreation • • •
Water-related Commercial
Water-related Industry
Roads
Utility Corridor •
Parking C C •
Single Family Residential C •
Multi-family Residential
Mining C C C
Over-water structures L L I L
L Limited
C
•
2. Limited Uses:
a- New over-water structures shall be allowed only for water-dependent uses, public
access, or ecological restoration. The size of new over-water structures shall be limited
to the minimum necessary to support the structure's intended use.
b. All developments and uses on navigable waters or their beds shall be located and
designed to minimize interference with surface navigation and public access, should
consider impacts to public views, and allow for the safe, unobstructed passage of fish
and wildlife, particularly those species dependent on migration.
c. Boathouses are prohibited. Use of over-water improvements and floating structures as
a residence is prohibited.
d. Except for permitted or legal non-conforming marinas, docks, and bridges, no
over-water structure shall be erected in shoreline areas unless it is consistent with all
applicable requirements in this regulation and the goals and policies of the
Comprehensive Plan.
16
e. [POLICY ISSUE] '= - _-- '. - _-'- - - - -- -- -- -- - - --- ------ -
- • - -- •_ _ _ _-_ - - • - -_ • --_; New docks serving
residential lots shall be prohibited. Replacement docks shall be limited to 100 square
feet in area and shall be located parallel to the shoreline. `NOTE: Spokane County
regulations summarize RCW 90.58.030(3)(e)(vii) "The construction of a dock,
designed for pleasure craft only, for the private non-commercial use of the owner,
lessee, or contract purchaser of a single family residence, the cost of which does
not exceed$2,500.00 is exempt from the permit system"
RCW 90.58.030(3)(e)(vii) actually says: "Construction of a dock, including a
community dock, designed for pleasure craft only, for the private noncommercial
use of the owner, lessee, or contract purchaser of single and multiple family
residences. This exception applies if either: (A) In salt waters, the fair market
value of the dock does not exceed two thousand five hundred dollars; or(B) in
fresh waters, the fair market value of the dock does not exceed ten thousand
dollars, but if subsequent construction having a fair market value exceeding two
thousand five hundred dollars occurs within five years of completion of the prior
construction, the subsequent construction shall be considered a substantial
development for the purpose of this chapter"J.
3. Conditional Uses.
a. Conditional uses authorized by the Hearing Examiner shall not result in any loss of
ecological function. The Hearing Examiner may prescribe methods, timelines and such
other conditions as may be necessary to preserve ecological function and land use
compatibility. Any failure to comply with the conditions imposed by the Hearing
Examiner will result in the automatic revocation of the permit.
b. Mining of sand, gravel, soil, or minerals is permitted landward of the ordinary high water
mark only as a conditional use, provided the following conditions are met:
i. The provisions of the Surface Mining Act, Chapter 78.44 RCW and WAC 334-18
shall be met for any surface mining, including that which affects less than 3
acres or produces less than 10,000 tons in any 12 month period. Where surface
mining is not subject to the RCW 78.44 permit process the shorelines
substantial development permit process shall be utilized to require compliance
to surface mining provisions of RCW 78.44
ii. Surface drainage and wastes resulting from mining operations shall not be
discharged into streams or water bodies without treatment to remove suspended
solids and organic matter consistent with applicable local, state and federal
pollution control and water quality regulations.
iii. Cleaning, sorting, separation, and storage operations shall not be conducted
within 100 feet of the ordinary high water mark.
c. Parking. No more than 10 percent of the portion of property within a shoreline area
shall be occupied by impervious improvements.
d. Single Family Residential.
i. No residential or accessory structure shall be erected within 5-0-100 [POLICY
IssuElfeet of the ordinary high-water mark.
ii. No residential or accessory structure in the shoreline area shall exceed 35 feet
in height.
17
iii. No on-site wastewater disposal systems serving new single family dwellings
shall be permitted within 200 feet of the ordinary high water mark. Existing
single family dwellings within 200 feet of the ordinary high water mark shall
connect immediately to a public wastewater collection located within 300 feet of
the property.
4. Permitted Uses.
a. All uses and activities shall preserve or restore natural resources including vegetation,
wildlife habitat, or aquatic life and other sensitive resource features which are intolerant
of human activity.
b. There shall be no net loss of shoreline ecological functions as a result of new
development. Where applicable, new development shall include environmental cleanup
and restoration of the shoreline to comply in accordance with any relevant state and
federal law.
c. The alteration of a shoreline to create additional shoreline area is prohibited.
d. All new uses and activities or redevelopment of existing uses shall not reduce existing
public access.
e. No structure in the shoreline area shall exceed 35 feet in height above the average
elevation, except where additional height is specifically authorized.
[NOTE: RCW 90.58.320
Height limitation respecting permits.
No permit shall be issued pursuant to this chapter for any new or expanded
building or structure of more than thirty-five feet above average grade level on
shorelines of the state that will obstruct the view of a substantial number of
residences on areas adjoining such shorelines except where a master program
does not prohibit the same and then only when overriding considerations of the
public interest will be served.]
f. Slash and debris and other waste products resulting from a use activity or land clearing
activity shall be removed from the shoreline area immediately following cessation of
said activity, as limited by the provisions of WAC 222-30-020 and SVMC 21.40.020.
Debris and waste products shall not enter into the water and interfere with the
regeneration of forest vegetation. All burning shall comply with Spokane County Air
Pollution Control Agency requirements.
g. No more than 10 percent of the portion of property within a shoreline area shall be
occupied by impervious improvements.
h. Tillage and application of fertilizers and chemical pesticides within 100 feet of the
ordinary high water mark is prohibited.
i. A 59100-[POLICY IssuEifoot or greater buffer strip of natural vegetation shall be
maintained along the waterfront to prevent erosion and protect water quality and fish
habitat, except:
i. Bridge and utility crossings (50 feet);
ii. Pathways of four feet or less in width providing access to the water on slopes of 5%
or lessor to access an allowed dock [POLICY ISSUE], or
iii. access to watercraft launches available for use by the general public [POLICY ISSUE],
18
or
iv. hand removal of noxious weeds which does not result in a net-loss of shoreline
ecological function or cause degradation of water quality. Use of herbicides shall
require the written prior approval of the Washington Department of Ecology.
21.50.30 Specific Provisions
The specific provisions are applicable to all shoreline environments in addition to the critical areas
and/or zoning limitations of this Code.
1. Signs.
a. On-premises business identification signs shall be designed to blend in with the natural
environment and shall be affixed to the portion of the business structure facing away
from the water, and shall not exceed 20 square feet.
b. Signs erected by government agencies required to provide direction, protect the public
health, safety, and general welfare shall not exceed 20 square feet in area and shall be
designed to minimize the visual impact to the shoreline area.
c. Signs shall not obstruct views of the shoreline from the surface of water, and except for
navigational aids, no light source of any sign shall be visible from the surface of the
water. Only signs required for navigation or as directional signs to inform boaters of
services, such as fuel and moorage, and type of business, and government agency
signs shall be visible from the shoreline area or the surface of the water.
d. Signs shall not extend beyond the face of a building or above its roofline.
e. Signs shall not move or rotate or have lights which blink or flash on and off
intermittently.
2. Utilities.
a. Ground percolation areas or drainage swales are prohibited within 50-100 [POLICY
ISSUE]feet of the ordinary high water mark.
b. Community water treatment or community wastewater treatment facilities shall not be
located within 200 feet of the ordinary high-water mark. On-site systems serving
existing single family dwelling shall be permitted until public collection systems are
available within 300 feet of the property. Except for outfall lines, water/wastewater
treatment facilities and collection lines shall not be located waterward of the ordinary
high water mark.
c. An overhead electrical transmission line may traverse a shoreline only when necessary
to cross a stream with an approved Conditional Use Permit. Underground stream
crossings shall be installed and shall enter and emerge to and from the ground not less
than 50 feet landward of the ordinary high water mark. Facilities which constitute the
final termination or destination of a transmission line shall not be located in any
Shoreline Area. Overhead electric transmission lines traversing "Shorelines of
• State-wide Significance" shall have their conductors marked with daytime obstruction
markers wherever the spans through the Shoreline Area exceed 200 feet.
d. Pipelines shall cross streams either by being constructed on public roadway bridges or
by being constructed below-the stream bed. Underground pipelines shall enter and
emerge to and from the ground not less than 50 feet landward of the ordinary high
water mark. The construction of bridges solely to support pipelines is prohibited. New
pipelines shall use preexisting utility easements, to the extent possible.
19
e. Electric distribution and communication cables shall be installed underground.
3. Roadways
a. Roads shall be maintained in a manner which prevents degradation of shoreline
ecological functions.
b. Landfills and end abutments for bridges shall be shall be placed not less than 50 feet
landward of the Ordinary High Water Mark at an elevation above the 100 year flood
event. Abutments shall be designed so that the flow of floodwaters shall not be
restricted. The design of landfills and,end abutments for bridges over streams shall
prevent the accumulation of debris upstream of the bridge.
c. Bridges across Shorelines of the State shall also be designed to accommodate
pedestrian and bicycle traffic. Other roads shall provide a space not less than three feet
in width for the dedicated use of pedestrians, bicycles and animals.
4. Fill
Fill may be permitted only in connection with the restoration or enhancement of shoreline
ecological functions and where necessary in the interest of an overriding public necessity,
provided that
a. There is no net loss of ecological function; and
b. Erosion control and bank stabilization measures are required; and
c. No fill shall extend waterward of the Ordinary High Water Mark; and
d. No fill shall be permitted within the limits of the 100 year flood event.
e. Dredging and disposal of dredging spoil may be permitted only in connection with the
restoration or enhancement of shoreline ecological functions, except as necessary for
purposes of navigation, water-related recreation improvements provided that:
i. There is no adverse effect on water quality or littoral (shallow near shore) and
riparian habitat; and
ii. All dredging spoil and dredging equipment is removed within ten days of the
completion of dredging operations.
5. Docks & Buoys
a. New docks serving individual residential properties are prohibited_[POLICY ISSUE];
se
- • _ - __ _ _ _- •---: . - __ --z; Replacement docks
shall be limited to 100 square feet in area and shall be located parallel to the shoreline.
b. Docks may not interfere with stream navigation;
6. Shoreline Protection
a. No existing bulkhead may be enlarged;
b. Bank stabilization shall only be undertaken after evaluation and written bank failure
report from a qualified engineering firm.
c. Bank stabilization shall be conducted using only biotechnical (soil bioengineering)
design approaches incorporating native plant materials, unless it is demonstrated in the
bank failure report that a biotechnical (soil bioengineering) design will not prevent future
bank failure.
20
21.50.035 Permit Required.
A Shoreline Substantial Development Permit shall be required prior to any development within the
Spokane Valley shoreline, subject to the following:
1. Any new development, or any modification in a use or activity that may result in a net loss
of ecological function shall require an environmental assessment prepared by a qualified
ecologist. The assessment shall include the following information:
a. a description of the existing ecological characteristics of the site to include but not be
limited to soil characteristics, type and extent of vegetation, slope, wildlife habitat
and such other characteristics deemed appropriate by the Director based on the
unique features of the site.
b. an assessment of the functioning condition of the shoreline prior to disturbance of
the shoreline by the proposal.
c. an assessment of the specific impacts of the proposal on the shoreline's ecological
functioning condition.
d. a specific strategy to restore shoreline ecological functions lost as a result of the
proposal to include the scientific basis of the recommended strategy. The strategy
shall identify a restoration timetable.
e. a site plan which fully illustrates the proposed shoreline function enhancements and
shall be drawn to scale and precisely show all site and off-site alterations and
enhancements.
2. A Shoreline Permit is valid for a period of up to five years, provided however, that
substantial progress in project development shall occur within two years of the date of
issuance. Where substantial progress has not been demonstrated without good cause, the
permit shall lapse.
3. The following activities are categorically exempt from the requirement for a Substantial
Development Permit but may require a conditional use permit or approval of a variance:
a. Maintenance and repair of existing structures for the protection of single-family
residences;
b. Emergency repairs;
c. Public improvements in aid of navigation;
d. Survey and geophysical testing in advance of development;
e. Removal of noxious weeds authorized by the Washington Department of Fish &
Wildlife.
f. Shoreline restoration projects (See WAC 173-27-040(2)(o)).
21.50.060. Non-conforming Uses
1. "Nonconforming use or development"for purposes of this chapter means a shoreline
use or development which was lawfully constructed or established prior to the effective
date of the act or the applicable master program, or amendments thereto, but which
does not conform to present regulations or standards of the program.
2. Structures that were legally established and are used for a conforming use but which
are nonconforming with regard to setbacks, buffers or yards; area; bulk; height or
density may be maintained and repaired and may be enlarged or expanded provided
that said enlargement does not increase the extent of nonconformity by further
21
encroaching upon or extending into areas where construction or use would not be
allowed for new development or uses.
3. Uses and developments that were legally established and are nonconforming with
regard to the use regulations of the master program may continue as legal
nonconforming uses. Such uses shall not be enlarged or expanded, except that
nonconforming single-family residences that are located landward of the ordinary high
water mark may be enlarged or expanded in conformance with applicable bulk and
dimensional standards by the addition of space to the main structure or by the addition
of normal appurtenances as defined in WAC 173-27-040 (2)(g) upon approval of a
conditional use permit.
4. A use which is listed as a conditional use but which existed prior to adoption of the
master program or any relevant amendment and for which a conditional use permit has
not been obtained shall be considered a nonconforming use. A use which is listed as a
conditional use but which existed prior to the applicability of the master program to the
site and for which a conditional use permit has not been obtained shall be considered a
nonconforming use.
5. A structure for which a variance has been issued shall be considered a legal
nonconforming structure and the requirements of this section shall apply as they apply
to preexisting nonconformities.
6. A structure which is being or has been used for a nonconforming use may be used for
a different nonconforming use only upon the approval of a conditional use permit.
7. Conditions may be attached to the permit as are deemed necessary to assure
compliance with the above findings, the requirements of the master program and the
Shoreline Management Act and to assure that the use will not become a nuisance or a
hazard.
8. A nonconforming structure which is moved any distance must be brought into
conformance with the applicable master program and the act.
9. If a nonconforming development is damaged to an extent not exceeding seventy-five
percent of the replacement cost of the original development, it may be reconstructed to
those configurations existing immediately prior to the time the development was
damaged, provided that application is made for the permits necessary to restore the
development within six months of the date the damage occurred, all permits are
obtained and the restoration is completed within two years of permit issuance.
10. If a nonconforming use is discontinued for twelve consecutive months or for twelve
months during any two-year period, the nonconforming rights shall expire and any
subsequent use shall be conforming.
11. An undeveloped lot, tract, parcel, site, or division of land located landward of the
ordinary high water mark which was established prior to the effective date of the
Shoreline Management Act or the Shoreline Master Program but which does not
conform to the present lot size standards may be developed so long as such
development conforms to all other requirements of the applicable master program and
the act.
[NOTE: WAC 173-27-080 Nonconforming use and development standards. When
nonconforming use and development standards do not exist in the applicable master
program, the following definitions and standards shall apply:
(1) "Nonconforming use or development"means a shoreline use or development which
22
was lawfully constructed or established prior to the effective date of the act or the
applicable master program, or amendments thereto, but which does not conform to present
regulations or standards of the program.
(2) Structures that were legally established and are used for a conforming use but which
are nonconforming with regard to setbacks, buffers or yards; area;bulk; height or density
may be maintained and repaired and may be enlarged or expanded provided that said
enlargement does not increase the extent of nonconformity by further encroaching upon or
extending into areas where construction or use would not be allowed for new development
or uses.
(3) Uses and developments that were legally established and are nonconforming with
regard to the use regulations of the master program may continue as legal nonconforming
uses. Such uses shall not be enlarged or expanded, except that nonconforming single-
family residences that are located landward of the ordinary high water mark may be
enlarged or expanded in conformance with applicable bulk and dimensional standards by
the addition of space to the main structure or by the addition of normal appurtenances as
defined in WAC 173-27-040 (2)(g) upon approval of a conditional use permit.
(4) A use which is listed as a conditional use but which existed prior to adoption of the
master program or any relevant amendment and for which a conditional use permit has not
been obtained shall be considered a nonconforming use. A use which is listed as a
conditional use but which existed prior to the applicability of the master program to the site
and for which a conditional use permit has not been obtained shall be considered a
nonconforming use.
(5) A structure for which a variance has been issued shall be considered a legal
nonconforming structure and the requirements of this section shall apply as they apply to
preexisting nonconformities.
(6) A structure which is being or has been used for a nonconforming use may be used
for a different nonconforming use only upon the approval of a conditional use permit. A
conditional use permit may be approved only upon a finding that:
(a) No reasonable alternative conforming use is practical; and
(b) The proposed use will be at least as consistent with the policies and provisions of the
act and the master program and as compatible with the uses in the area as the preexisting
use.
In addition such conditions may be attached to the permit as are deemed necessary to
assure compliance with the above findings, the requirements of the master program and the
Shoreline Management Act and to assure that the use will not become a nuisance or a
hazard.
(7) A nonconforming structure which is moved any distance must be brought into
conformance with the applicable master program and the act.
(8) if a nonconforming development is damaged to an extent not exceeding seventy-five
percent of the replacement cost of the original development, it may be reconstructed to
those configurations existing immediately prior to the time the development was damaged,
23
provided that application is made for the permits necessary to restore the development
within six months of the date the damage occurred, all permits are obtained and the
restoration is completed within two years of permit issuance.
(9) If a nonconforming use is discontinued for twelve consecutive months or for twelve
months during any two-year period, the nonconforming rights shall expire and any
subsequent use shall be conforming. A use authorized pursuant to subsection (6) of this
section shall be considered a conforming use for purposes of this section.
(10) An undeveloped lot, tract, parcel, site, or division of land located landward of the
ordinary high water mark which was established in accordance with local and state
subdivision requirements prior to the effective date of the act or the applicable master
program but which does not conform to the present lot size standards may be developed if
permitted by other land use regulations of the local government and so long as such
development conforms to all other requirements of the applicable master program and the
act.]
21.50.070. Conditional Use Permits
1. A conditional use permit may be approved only upon a finding that:
a. No reasonable alternative conforming use is practical; and
b. The proposed use will be at least as consistent with the policies and provisions of
the Shoreline Management Act and the Master Program and as compatible with the
uses in the area as the preexisting use.
c. That the proposed use will not interfere with the normal public use of public
shorelines;
d. The proposed use of the site and design of the project is compatible with other
authorized uses within the area and with uses planned for the area under the
comprehensive plan and shoreline master program;
e. That the proposed use will cause no significant adverse effects to the shoreline
environment in which it is to be located; and
f. The public interest suffers no substantial detrimental effect.
2. In the granting of all conditional use permits, consideration shall be given to the
cumulative impact of additional requests for like actions in the area.
[NOTE: WAC 173-27-160 Review criteria for conditional use permits. The purpose of a
conditional use permit is to provide a system within the master program which allows
flexibility in the application of use regulations in a manner consistent with the policies
of RCW 90.58.020. In authorizing a conditional use, special conditions may be attached
to the permit by local government or the department to prevent undesirable effects of
the proposed use and/or to assure consistency of the project with the act and the local
master program.
(1) Uses which are classified or set forth in the applicable master program as
conditional uses may be authorized provided that the applicant demonstrates all of the
following:
(a) That the proposed use is consistent with the policies of RCW 90.58.020 and the
master program;
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(b) That the proposed use will not interfere with the normal public use of public
shorelines;
(c) That the proposed use of the site and design of the project is compatible with
other authorized uses within the area and with uses planned for the area under the
comprehensive plan and shoreline master program;
(d) That the proposed use will cause no significant adverse effects to the shoreline
environment in which it is to be located; and
(e) That the public interest suffers no substantial detrimental effect.
(2) In the granting of all conditional use permits, consideration shall be given to the
cumulative impact of additional requests for like actions in the area. For example, if
conditional use permits were granted for other developments in the area where similar
circumstances exist, the total of the conditional uses shall also remain consistent with
the policies of RCW 90.58.020 and shall not produce substantial adverse effects to the
shoreline environment.
(3) Other uses which are not classified or set forth in the applicable master program
may be authorized as conditional uses provided the applicant can demonstrate
consistency with the requirements of this section and the requirements for conditional
uses contained in the master program.
(4) Uses which are specifically prohibited by the master program may not be
authorized pursuant to either subsection (1) or(2) of this section.]
21.50.080 Variances
1. Requests for variances shall be processed in the same manner as any land use
variance, provided however, that the application for a variance shall not be deemed
complete until the Department of Ecology provides written acknowledgement to the city
that applicant has provided the Department with a full and complete copy of the
application.
2. A variance may be considered only in extraordinary circumstances where it is
determined that::
a. The strict application of the bulk, dimensional or performance standards set
forth in the applicable master program precludes, or significantly interferes with,
reasonable use of the property;
b. The hardship is specifically related to the property, and is the result of unique
conditions such as irregular lot shape, size, or natural features and the
application of the master program, and not, for example, from deed restrictions
or the applicant's own actions;
c. The design of the project is compatible with other authorized uses within the
area and with uses planned for the area under the comprehensive plan and
shoreline master program and will not cause adverse impacts to the shoreline
environment;
d. The variance will not constitute a grant of special privilege not enjoyed by the
other properties in the area;
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e. The variance requested is the minimum necessary to afford relief; and
f. The public interest will suffer no substantial detrimental effect.
3. In the granting of all variance permits, consideration shall be given to the cumulative
impact of additional requests for like actions in the area.
4. Variances from the use regulations of the master program are prohibited.
[WAC 173-27-170 Review criteria for variance permits. The purpose of a variance permit is
strictly limited to granting relief from specific bulk, dimensional or performance standards
set forth in the applicable master program where there are extraordinary circumstances
relating to the physical character or configuration of property such that the strict
implementation of the master program will impose unnecessary hardships on the applicant
or thwart the policies set forth in RCW 90.58.020.
(1) Variance permits should be granted in circumstances where denial of the permit
would result in a thwarting of the policy enumerated in RCW 90.58.020. In all instances the
applicant must demonstrate that extraordinary circumstances shall be shown and the
public interest shall suffer no substantial detrimental effect.
(2) Variance permits for development and/or uses that will be located landward of the
ordinary high water mark(OHWM), as defined in RCW 90.58.030(2)(b), and/or landward of
any wetland as defined in RCW 90.58.030 (2)(h), may be authorized provided the applicant
can demonstrate all of the following:
(a) That the strict application of the bulk, dimensional or performance standards set forth
in the applicable master program precludes, or significantly interferes with, reasonable use
of the property;
(b) That the hardship described in (a) of this subsection is specifically related to the
property, and is the result of unique conditions such as irregular lot shape, size, or natural
features and the application of the master program, and not, for example, from deed
restrictions or the applicant's own actions;
(c) That the design of the project is compatible with other authorized uses within the area
and with uses planned for the area under the comprehensive plan and shoreline master
program and will not cause adverse impacts to the shoreline environment;
• (d) That the variance will not constitute a grant of special privilege not enjoyed by the
other properties in the area;
(e) That the variance requested is the minimum necessary to afford relief;and
(f) That the public interest will suffer no substantial detrimental effect.
(3) Variance permits for development and/or uses that will be located waterward of the
ordinary high water mark(OHWM), as defined in RCW 90.58.030 (2)(b), or within any wetland
as defined in RCW 90.58.030(2)(h), may be authorized provided the applicant can
demonstrate all of the following:
(a) That the strict application of the bulk, dimensional or performance standards set forth
in the applicable master program precludes all reasonable use of the property;
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(b) That the proposal is consistent with the criteria established under subsection (2)(b)
through (t) of this section; and
(c) That the public rights of navigation and use of the shorelines will not be adversely
affected.
(4) In the granting of all variance permits, consideration shall be given to the cumulative
impact of additional requests for like actions in the area. For example if variances were
granted to other developments and/or uses in the area where similar circumstances exist
the total of the variances shall also remain consistent with the policies of RCW 90.58.020
and shall not cause substantial adverse effects to the shoreline environment.
(5) Variances from the use regulations of the master program are prohibited.]
21.50.080 Enforcement
Enforcement procedures for violations of this chapter shall be in conformance with SVMC
17.60. [see proposed SVMC 17.60 below]
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17.60 Compliance and Enforcement
17.60.010 Purpose and Scope
This chapter sets forth the enforcement procedures for violations of the following:
1. Nuisances (SVMC 7.05)
2. Violations of any provisions of the Uniform Development Code (SVMC Titles 17-25)
17.60.030 Relationship to Growth Management Act
This article is adopted as development regulations pursuant to Chapter 36.70A RCW (Growth
Management Act).
17.60.040 Enforcement, Authority, and Administration
1. In order to discourage public nuisances and otherwise promote compliance with
applicable code provisions, the City may, in response to field observations or reliable
complaints, determine that violations of this title have occurred or are occurring, and may:
a. Enter into voluntary compliance agreements with persons responsible for code
violations;
b. Issue notice and orders, assess civil penalties, and recover costs as authorized by
this article;
c. Require abatement by means of a judicial abatement order, and if such abatement
is not timely completed by the person or persons responsible for a code violation,
undertake the abatement and charge the reasonable costs of such work as
authorized by this article;
d. Allow a person responsible for the code violation to perform community service in
lieu of paying civil penalties as authorized by this article;
e. Order work stopped at a site by means of a stop work order, and if such order is not
complied with, assesses civil penalties as authorized by this article;
f. Suspend, revoke, or modify any permit previously issued by the City or deny a
permit application as authorized by this article when other efforts to achieve
compliance have failed; and
g. Forward a written statement providing all relevant information relating to the
violation to the office of the City Attorney with a recommendation to prosecute
willful and knowing violations as misdemeanor offenses.
2. The procedures set forth in this article are not exclusive. These procedures shall not in
any manner limit or restrict the City from remedying or abating violations of this title in any
other manner authorized by law.
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3. In addition to, or as an alternative to, utilizing the procedures set forth in this article, the
City may seek legal or equitable relief to abate any conditions or enjoin any acts or
practices which constitute a code violation.
4. In addition to, or as an alternative to, utilizing the procedures set forth in this article, the
City may assess or recover civil penalties accruing under this article by legal action filed
in Spokane County district court by the office of the City Attorney.
5. The provisions of this article shall in no way adversely affect the rights of the owner,
lessee, or occupant of any property to recover all costs and expenses incurred and
required by this article from any person causing such violation.
6. In administering the provisions for code compliance, the City shall have the authority to
waive any one or more such provisions so as to avoid substantial injustice by application
thereof to the acts or omissions of a public or private entity or individual, or acts or
omissions on public or private property including, for example, property belonging to
public or private utilities, where no apparent benefit has accrued to such entity or
individual from a code violation. Any determination of substantial injustice shall be made
in writing supported by appropriate facts. For purposes of this subsection, substantial
injustice cannot be based exclusively on financial hardship.
7. The City may, upon presentation of proper credentials, with the consent of the owner or
occupier of a building or premises, or pursuant to a lawfully issued court order, enter at
reasonable times any building or premises subject to the consent or court order to
perform the duties imposed by this article. It is the intent of the City Council that any entry
made to private property for the purpose of inspection for code violations be
accomplished in strict conformity with constitutional and statutory constraints on entry,
and the holdings of the relevant court cases regarding entry. The right of entry authorized
by this article shall not supersede those legal constraints.
8. The City may request that the police, appropriate fire district, Spokane Regional Health
District, or other appropriate City department or other non-city agency assist in
enforcement.
17.60.050 Guidelines for Departmental Responses to Complaints
City representatives are authorized to determine, based upon past complaints regarding a
property, subsequent field investigations, and other relevant criteria, whether a complaint is
reliable. If the City determines a complaint is not reliable, the City is not obligated to conduct a field
investigation.
17.60.060 Procedures when Probable Violation is Identified
1. The City shall determine, based upon information derived from sources such as field
observations, the statements of witnesses, relevant documents, and data systems for
tracking violations and applicable City codes and regulations, whether or not a violation
has occurred. As soon as the City has reasonable cause to determine that a violation has
occurred, the violation shall be documented and the person responsible for the code
violations promptly notified.
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2. Except as provided in subsection 4 of this section, a warning shall be issued verbally or in
writing promptly when a field inspection reveals a violation, or as soon as the City
otherwise determines a violation has occurred. The warning shall inform the person
determined to be responsible for a code violation of the violation and allow the person an
opportunity to correct it or enter into a voluntary compliance agreement as provided for by
this article. Verbal warnings shall be logged and followed up with a written warning within
five days, and the site shall be re-inspected within 14 days.
3. No warning need be issued in emergencies, repeat violation cases, cases that are already
subject to a voluntary compliance agreement, cases where the violation creates or has
created a situation or condition that is not likely to be corrected within 72 hours, cases
where a stop work order is necessary, or when the person responsible for the code
violation knows, or reasonably should have known, that the action was a code violation.
4. Notice and orders should be issued in all cases in which a voluntary compliance
agreement has not been entered.
5. The City shall use all reasonable means to determine and proceed against the person(s)
actually responsible for the code violation occurring when the property owner has not
directly or indirectly caused the violation.
6. If the violation is not corrected, or a voluntary compliance agreement is not entered into
within 15 days of notification by the City, a notice and order or stop work order should be
issued. Stop work orders should be issued promptly upon discovery of a violation in
progress.
17.60.070 Service— Notice and Order and Stop Work Order
1. Service of a notice and order shall be made on a person responsible for code violation by
one or more of the following methods:
a. Personal service of a notice and order may be made on the person identified by
the City as being responsible for the code violation, or by leaving a copy of the
notice and order at the person's house of usual abode with a person of suitable
age and discretion who resides there;
b. Service directed to the landowner and/or occupant of the property may be made by
posting the notice and order in a conspicuous place on the property where the
violation occurred and concurrently mailing notice as provided for below, if a
mailing address is available; or
c. Service by mail may be made for a notice and order by mailing two copies, postage
prepaid, one by ordinary first class mail and the other by certified mail, to the
person responsible for the code violation at his or her last known address, at the
address of the violation, or at the address of the place of business of the person
responsible for the code violation. The taxpayer's address as shown on the tax
records of Spokane County shall be deemed to be the proper address for the
purpose of mailing such notice to the landowner of the property where the
violation occurred. Service by mail shall be presumed effective upon the third
business day following the day upon which the notice and order was placed in the
mail.
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2. For notice and orders only, when the address of the person responsible for the code
violation cannot be reasonably determined, service may be made by publication once in
an appropriate regional or neighborhood newspaper or trade journal. Service by
publication shall conform to the requirements of Civil Rule 4 of the Rules for Superior
Court.
3. Service of a stop work order on a person responsible for a code violation may be made by
posting the stop work order in a conspicuous place on the property where the violation
occurred or by serving the stop work order in any other manner permitted by this article.
4. The failure of the City to make or attempt service on any person named in the notice of
violation, notice and order, or stop work order shall not invalidate any proceedings as to
any other person duly served.
17.60.80 Training and Rulemaking
The City shall adopt procedures to implement the provisions of this article, and specifically the
guidelines set out in this article describing reasonable and appropriate protocols for investigating
code violations.
17.60.090 Obligations of Persons Responsible for Code Violation
1. It shall be the responsibility of any person identified as responsible for a code violation to
bring the property into a safe and reasonable condition to achieve code compliance.
Payment of civil penalties, applications for permits, acknowledgement of stop work
orders, and compliance with other remedies does not substitute for performing the
corrective work required and having the property brought into compliance to the extent
reasonably possible under the circumstances.
2. Persons determined to be responsible for a code violation pursuant to a notice and order
shall be liable for the payment of any civil penalties and abatement costs; provided,
however, that if a property owner affirmatively demonstrates that the action which resulted
in the violation was taken without the owner's knowledge or consent by someone other
than the owner or someone acting on the owner's behalf, that owner shall be responsible
only for bringing the property into compliance to the extent reasonably feasible under the
circumstances. Should the owner not correct the violation, only those abatement costs
necessary to bring the property into a safe and reasonable condition, as determined by
the City, shall be assessed by the City. No civil penalties shall be assessed against such
an owner or his or her property interest.
17.60.100 Determination of Compliance
After issuance of a warning, voluntary compliance agreement, notice and order, or stop work order,
and after the person(s) responsible for a violation has come into compliance, the City shall issue a
written determination of compliance. The City shall mail copies of the determination of compliance
to each person originally named in the warning, voluntary compliance agreement, notice and order,
or stop work order, as well as the complainant, by certified mail, five-day return receipt requested.
17.60.110 Voluntary Compliance Agreement—Authority
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1. Whenever the City determines that a code violation has occurred or is occurring, the City
shall make reasonable efforts to secure voluntary compliance from the person
responsible for the code violation. Upon contacting the person responsible for the code
violation, the City may enter into a voluntary compliance agreement as provided for in this
article.
2. A voluntary compliance agreement may be entered into at any time after issuance of a
verbal or written warning, a notice and order, or a stop work order and before an appeal is
decided.
3. Upon entering into a voluntary compliance agreement, a person responsible for a code
violation waives the right to administratively appeal, and thereby admits that the
conditions described in the voluntary compliance agreement existed and constituted a
code violation. •
4. The voluntary compliance agreement shall incorporate the shortest reasonable time
period for compliance, as determined by the City. An extension of the time limit for
compliance or a modification of the required corrective action may be granted by the City
if the person responsible for the code violation has shown due diligence or substantial
progress in correcting the violation, but circumstances render full and timely compliance
under the original conditions unattainable. Any such extension or modification must be in
writing and signed by the authorized representative of the City and person(s) who signed
the original voluntary compliance agreement.
5. The voluntary compliance agreement is not a settlement agreement.
17.60.120 Voluntary Compliance Agreement—Contents
The voluntary compliance agreement.is a written, signed commitment by the person(s) responsible
for a code violation in which such person(s) agrees to abate the violation, remediate the site,
and/or mitigate the impacts of the violation. The voluntary compliance agreement shall include the
following:
1. The name and address of the person responsible for the code violation;
2. The address or other identification of the location of the violation;
3. A description of the violation and a reference to the provision(s) of the ordinance,
resolution or regulation which has been violated;
4. A description of the necessary corrective action to be taken and identification of the date
or time by which compliance must be completed;
5. The amount of the civil penalty that will be imposed if the voluntary compliance agreement
is not satisfied;
6. An acknowledgement that if the City determines that the terms of the voluntary
compliance agreement are not met, the City may, without issuing a notice and order or
stop work order, impose any remedy authorized by this article, enter the real property and
perform abatement of the violation by the City, assess the costs incurred by the City to
pursue code compliance and to abate the violation, including reasonable legal fees and
32
costs, and the suspension, revocation or limitation of a development permit obtained or to
be sought by the person responsible for the code violation;
7. An acknowledgement that if a penalty is assessed, and if any assessed penalty, fee or
cost is not paid, the City may charge the unpaid amount as a lien against the property
where the code violation occurred if owned by the person responsible for the code
violation, and that the unpaid amount may be a joint and several personal obligation of all
persons responsible for the violation;
8. An acknowledgement that by entering into the voluntary compliance agreement, the
person responsible for the code violation thereby admits that the conditions described in
the voluntary compliance agreement existed and constituted a code violation; and
9. An acknowledgement that the person responsible for the code violation understands that
he or she has the right to be served with a notice and order, or stop work order for any
violation identified in the voluntary compliance agreement, has the right to administratively
appeal any such notice and order or stop work order, and that he or she is knowingly and
intelligently waiving those rights.
17.60.130 Failure to Meet Terms of Voluntary Compliance Agreement
1. If the terms of the voluntary compliance agreement are not completely met, and an
extension of time has not been granted, the authorized representatives of the City may
enter the real property and abate the violation without seeking a judicial abatement order.
The person responsible for code compliance may, without being issued a notice and
order or stop work order, be assessed a civil penalty as set forth by this article, plus all
costs incurred by the City to pursue code compliance and to abate the violation, and may
be subject to other remedies authorized by this article. Penalties imposed when a
voluntary compliance agreement is not met accrue from the date that an appeal of any
preceding notice and order or stop work order was to have been filed or from the date the
voluntary compliance agreement was entered into if there was not a preceding notice and
order or stop work order.
2. The City may issue a notice and order or stop work order for failure to meet the terms of a
voluntary compliance agreement.
17.60.140 Notice and Order—Authority
When the City has reason to believe, based on investigation of documents and/or physical
evidence, that a code violation exists or has occurred, or that the terms of a voluntary compliance
agreement have not been met, the City is authorized to issue a notice and order to any person
responsible for a code violation. The City shall make a determination whether or not to issue a
notice and order within 30 days of receiving a complaint alleging a violation or otherwise
discovering that a violation may potentially exist, or within 10 days of the end of a voluntary
compliance agreement time period which has not been met. Subsequent complaints shall be
treated as new complaints for the purposes of this article.
17.60.150 Notice and Order— Effect
1. A notice and order represents a determination that a violation has occurred, that the party
to whom the notice is issued is a person responsible for a code violation, and that the
33
violations set out in the notice and order require the assessment of penalties and other
remedies that may be specified in the notice and order.
2. The City is authorized to impose civil penalties upon a determination by the City that a
violation has occurred pursuant to a notice and order.
3. Issuance of a notice and order in no way limits the City's authority to issue a stop work
order to a person previously cited through the notice and order process pursuant to this
article.
17.60.160 Notice and Order—Contents
The notice and order shall contain the following information:
1. The address, when available, or location of the violation;
2. A legal description of the real property or the Spokane County tax parcel number where
the violation occurred or is located, or a description identifying the property by commonly
used locators;
3. A statement that the City has found the named person(s) to have committed a violation
and a brief description of the violation(s) found;
4. A statement of the specific provisions of the ordinance, resolution, regulation, public rule,
permit condition, notice and order provision, or stop work order that was or is being
violated;
5. A statement that a civil penalty is being assessed, including the dollar amount of the civil
penalties per separate violation, and that any assessed penalties must be paid within 20
days of service of the notice and order;
6. A statement advising that any costs of enforcement incurred by the City shall also be
assessed against the person to whom the notice and order is directed;
7. A statement that payment of the civil penalties assessed under this article does not relieve
a person found to be responsible for a code violation of his or her duty to-correct the
violation and/or to pay any and all civil penalties or other cost assessments issued
pursuant to this article;
8. A statement of the corrective or abatement action required to be taken and that all
required permits to perform the corrective action must be obtained from the proper issuing
agency;
9. A statement advising that, if any required work is not commenced or completed within the
time specified by the notice and order, the City may proceed to seek a judicial abatement
order from Spokane County superior court to abate the violation;
10. A statement advising that, if any assessed penalty, fee or cost is not paid on or before the
due date, the City may charge the unpaid amount as a lien against the property where the
code violation occurred if owned by a person responsible for a violation, and as a joint
and several personal obligation of all persons responsible for a code violation;
34
11. A statement advising that any person named in the notice and order, or having any record
or equitable title in the property against which the notice and order is recorded may
appeal from the notice and order to the Hearing Examiner within 20 days of the date of
service of the notice and order;
12. A statement advising that a failure to correct the violations cited in the notice and order
could lead to the denial of subsequent Spokane Valley permit applications on the subject
property;
13. A statement advising that a failure to appeal the notice and order within the applicable
time limits renders the notice and order a final determination that the conditions described
in the notice and order existed and constituted a violation, and that the named party is
liable as a person responsible for a violation;
14. A statement advising the person responsible for a code violation of his/her duty to notify
the City of any actions taken to achieve compliance with the notice and order; and
15. A statement advising that a willful and knowing violation may be referred to the Office of
the City Attorney for prosecution.
17.60.170 Notice and Order—Supplementation, Revocation, Modification
1. The City may add to, revoke in whole or in part, or otherwise modify a notice and order by
issuing a written supplemental notice and order. The supplemental notice and order shall
be governed by the same procedures and time limits applicable to all notice and orders
contained in this article.
2. The City may issue a supplemental notice and order, or revoke a notice and order issued
under this article:
a. If the original notice and order was issued in error;
b. Whenever there is new information or change of circumstances; or
c. If a party to an order was incorrectly named.
17.60.180 Notice and Order—Administrative Conference
An informal administrative conference may be conducted by the City at any time for the purpose of
facilitating communication among concerned persons and providing a forum for efficient resolution
of any violation. Interested parties shall not unreasonably be excluded from such conferences.
17.60.190 Notice and Order— Remedies— Suspension, Revocation, or Limitation of Permit
1. The City may suspend, revoke, or modify any permit issued by the City whenever:
a. The permit holder has committed a violation in the course of performing activities
subject to that permit;
35
b. The permit holder has interfered with the authorized representatives of the City in
the performance of his or her duties related to that permit;
2. The permit was issued in error or on the basis of materially incorrect information supplied
to the City;
3. Permit fees or costs were paid to the City by check and returned from a financial institution
marked non-sufficient funds (NSF) or canceled; or
4. For a permit or approval that is subject to sensitive area review, the applicant has failed to
disclose a change of circumstances on the development proposal site which materially
affects an applicant's ability to meet the permit or approval conditions, or which makes
inaccurate the sensitive area study that was the basis for establishing permit or approval
conditions.
a. Such suspension, revocation, or modification shall be carried out through the notice
and order provisions of this article and shall be effective upon the compliance date
established by the notice and order. Such suspension, revocation, or modification
may be appealed to the Hearing Examiner using the appeal provisions of this
article.
5. Notwithstanding any other provision of this article, the City may immediately suspend
operations under any permit by issuing a stop work order.
17.60.200 Notice and Order— Remedies —Denial of Permit
1. The City may deny a permit when, with regard to the site or project for which the permit is
submitted:
a. Any person owning the property or submitting the development proposal has been
found in violation of any ordinance, resolution, regulation, or public rule of the City
that regulates or protects the public health, safety and welfare, or the use and
development of land and water; and/or
b. Any person owning the property or submitting the development proposal has been
found in violation and remains in violation of the conditions of any permit, notice
and order, or stop work order issued pursuant to any such ordinance, resolution,
regulation, or public rule.
2. In order to further the remedial purposes of this article, such denial may continue until the
violation is cured by restoration, accepted as complete by the City, and by payment of any
civil penalty imposed for the violation, except that permits or approvals shall be granted to
the extent necessary to accomplish any required restoration or cure.
17.60.210 Notice and Order— Remedies —Abatement
In addition to, or as an alternative to, any other judicial or administrative remedy, the City may use
the notice and order provisions of this article to order any person responsible for a code violation to
abate the violation and to complete the work at such time and under such conditions as the City
determines reasonable under the circumstances. If the required corrective work is not commenced
36
or completed within the time specified, the City may seek a judicial abatement order pursuant to
this article.
17.60.220 Stop Work Order—Authority
The City is authorized to issue a stop work order to a person responsible for a code violation.
Issuance of a notice and order is not a condition precedent to the issuance of the stop work order.
17.60.230 Stop Work Order— Effect
1. A stop work order represents a determination that a code violation has occurred or is
occurring, and that any work or activity that caused, is causing or contributing to the
violation on the property where the violation has occurred, or is occurring, must cease.
2. A stop work order requires the immediate cessation of the specified work or activity on the
named property. Work activity may not resume unless specifically authorized in writing by
the City.
3. A stop work order may be appealed according to the procedures prescribed in this article.
4. Failure to appeal the stop work order within 20 days renders the stop work order a final
determination that the civil code violation occurred and that work was properly ordered to
cease.
5. A stop work order may be enforced by the City police.
17.60.240 Stop Work Order— Remedy— Civil Penalties
1. In addition to any other judicial or administrative remedy, the City may assess civil
penalties for the violation of any stop work order according to the civil penalty schedule
established in SVMC 17.60.260.
2. Civil penalties for the violation of any stop work order shall begin to accrue on the first day
the stop work order is violated and shall cease accruing on the day the work is actually
stopped.
3. Violation of a stop work order shall be a separate violation from any other code violation.
17.60.250 Stop Work Order— Remedy—Criminal Penalties
In addition to any other judicial or administrative remedy, the City may forward to the office of City
Attorney a detailed factual background of the alleged violation with a recommendation that a
misdemeanor charge be filed against the person(s) responsible for any willful violation of a stop
work order.
17.60.260 Civil Penalties—Assessment Schedule
1. Civil penalties for code violations shall be imposed for remedial purposes and shall be
assessed for each violation identified in a notice of violation, notice and order, or stop
work order, pursuant to the following schedule:
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a. Notice and orders and stop work orders:
b. Basic initial penalty: $500.00
2. Additional initial penalties may be added where there is:
a. Public health risk— amount depends on severity: $0—2,500
b. Environmental damage—amount depends on severity: $0—2,500
c. Damage to property—amount depends on severity: $0 —2,500
d. History of similar violations (less than three): $500
e. History of similar violations (three or more): $2,500
f. Economic benefit to person responsible for violation: $5,000
3. The above penalties may be offset by the following compliance:
a. Full compliance with a voluntary compliance agreement with prior history of zero to
one similar violations: $0— 1,500.00
b. Full compliance with a voluntary compliance agreement and a history of two or
more prior similar violations: $0— 500.00
4. The total initial penalties assessed for notice and orders and stop work orders pursuant to
this article shall apply for the first 30-day period following issuance of the order, unless
another time period is specified in a voluntary compliance agreement.
5. Civil penalties shall be paid within 20 days of service of the notice and order or stop work
order if not appealed. Payment of the civil penalties assessed under this article does not
relieve a person found to be responsible for a code violation of his or her duty to correct
the violation and/or to pay any and all civil penalties or other cost assessments issued
pursuant to this article.
6. The City may suspend civil penalties if the person responsible for a code violation has
entered into a voluntary compliance agreement. Penalties shall begin to accrue again
pursuant to the terms of the voluntary compliance agreement if any necessary permits
applied for are denied, canceled or not pursued, if corrective action identified in the
voluntary compliance agreement is not completed as specified, or if the property is
allowed to return to a condition similar to that condition which gave rise to the voluntary
compliance agreement.
7. Civil penalties assessed create a joint and several personal obligations in all persons
responsible for a code violation.
8. In addition to, or in lieu of, any other state or local provision for the recovery of civil
penalties, the City may file for record with the Spokane County auditor to claim a lien
against the real property for the civil penalties assessed under this article if the violation
was reasonably related to the real property. Any such lien can be filed under this article if,
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after the expiration of 30 days from when a person responsible for a code violation
receives the notice and order or stop work order (excluding any appeal) and any civil
penalties remain unpaid in whole or in part.
17.60.270 Civil Penalties— Duty to Comply
Persons responsible for a code violation have a duty to notify the City in writing of any actions
taken to achieve compliance with the notice and order. For purposes of assessing civil penalties, a
violation shall be considered ongoing until the person responsible for a code violation has come
into compliance with the notice and order, voluntary compliance agreement, or stop work order,
and has provided sufficient evidence of such compliance.
17.60.280 Civil Penalties —Community Service
The City is authorized to allow a person responsible for a code violation that accumulates civil
penalties as a result of a notice and order, or for failure to comply with the terms of a voluntary
compliance agreement, to voluntarily participate in an approved community service project(s) in
lieu of paying all or a portion of the assessed civil penalties. Community service may include, but is
not limited to, abatement, restoration, or education programs designed to clean up the City. The
amount of community service will reasonably relate to the comparable value of penalties assessed
against the violator. The rate at which civil penalties are worked off under this subsection is $10.00
per hour. The City shall take into consideration the severity of the violation, any history of previous
violations, and practical and legal impediments in considering whether to allow community service
in lieu of paying penalties.
17.60.290 Civil Penalties —Waivers
1. Civil penalties may be waived or reimbursed to the payer by the City under the following
circumstances:
a. The notice and order or stop work order was issued in error;
b. The civil penalties were assessed in error;
c. Notice failed to reach the property owner due to unusual circumstances; or
d. New, material information warranting waiver has been presented to the City since
the notice and order or stop work order was issued.
2. The City shall state in writing the basis for a decision to waive penalties, and such
statement shall become part of the public record unless privileged.
17.60.300 Civil Penalties — Critical Areas
1. The compliance provisions for critical areas are intended to protect critical areas and the
general public from harm, to meet the requirements of Chapter 36.70A RCW (the Growth
Management Act), and to further the remedial purposes of this article. To achieve this,
persons responsible for a code violation will not only be required to restore damaged
critical areas, insofar as that is possible and beneficial, but will also be required to pay a
civil penalty for the redress of ecological, recreational, and economic values lost or
damaged due to their unlawful action.
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2. The provisions of this section are in addition to, and not in lieu of, any other penalty,
sanction, or right of action provided by law for other related violations.
3. Where feasible, the owner of the land on which the violation occurred shall be named as a
party to the notice and order. In addition to any other persons who may be liable for a
violation, and subject to the exceptions provided in this article, the owner shall be jointly
and severally liable for the restoration of a site and payment of any civil penalties
imposed.
4. Violation of critical area provisions of this code means:
a. The violation of any provision of SVMC 21.40 Critical Areas, or of the administrative
rules promulgated there under;
b. The failure to obtain a permit required for work in a critical area; or
c. The failure to comply with the conditions of any permit, approval, terms and
conditions of any sensitive area tract or setback area, easement, covenant, plat
restriction or binding assurance, or any notice and order, stop work order,
mitigation plan, contract or agreement issued or concluded pursuant to the above-
mentioned provisions.
5. Any person in violation of SVMC 21.40 Critical Areas may be subject to civil penalties,
costs, and fees as follows:
a. According to the civil penalty schedule under SVMC 17.60.260; provided, that the
exact amount of the penalty per violation shall be determined by the City based on
the physical extent and severity of the violation; or
b. The greater of:
i. An amount determined to be equivalent to the economic benefit that the
person responsible for a code violation derives from the violation, measured
as the total of:
1. The resulting increase in market value of the property;
2. The value received by the person responsible for a violation;
3. The savings of construction costs realized by the person responsible for
a code violation as a result of performing any act in violation of SVMC
21.40 Critical Areas; or
ii. Code compliance costs incurred by the City to enforce SVMC 21.40 Critical
Areas.
17.60.310 Cost Recovery
1. In addition to the other remedies available under this article, upon issuance of a notice
and order or stop work order the City shall charge the costs of pursuing code compliance
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and abatement incurred to correct a code violation to the person responsible for a code
violation. These charges include:
a. Reasonable Legal Fees and Costs. For purposes of this section, "reasonable legal
fees and costs" shall include, but are not limited to, legal personnel costs, both
direct and related, incurred to enforce the provisions of this article as may be
allowed by law; and
b. Administrative Personnel Costs. For purposes of this section, "administrative
personnel costs" shall include, but are not limited to, administrative employee
costs, both direct and related, incurred to enforce the provisions of this article; and
c. Abatement Costs. The City shall keep an itemized account of costs incurred by the
City in the abatement of a violation under this article. Upon completion of any
abatement work, the City shall prepare a report specifying a legal description of
the real property where the abatement work occurred, the work done for each
property, the itemized costs of the work, and interest accrued; and
d. Actual expenses and costs of the City in preparing notices, specifications and
contracts; in accomplishing or contracting and inspecting the work; and the costs of
any required printing, mailing, or court filing fees.
2. Such costs are due and payable 30 days from mailing of the invoice.
3. All costs assessed by the City in pursuing code compliance and/or abatement create a
joint and several personal obligations in all persons responsible for a violation. The office
of the City Attorney, on behalf of the City, may collect the costs of code compliance efforts
by any appropriate legal means.
4. In addition to, or in lieu of, any other state or local provision for the recovery of costs, the
City may, after abating a violation pursuant to this article, file for record with the Spokane
County auditor to claim a lien against the real property for the assessed costs identified in
this article if the violation was reasonably related to the real property, in accordance with
any lien provisions authorized by state law.
5. Any lien filed shall be subordinate to all previously existing special assessment liens
imposed on the same property and shall be superior to all other liens, except for state and
county taxes, with which it shall share priority. The City may cause a claim for lien to be
filed for record within 90 days from the later of the date that the monetary penalty is due
or the date the work is completed or the nuisance abated. The claim of lien shall contain
sufficient information regarding the notice and order, a description of the property to be
charged with the lien, the owner of record, and the total of the lien. Any such claim of lien
may be amended from time to time to reflect changed conditions. Any such lien shall bind
the affected property for the period as provided for by state law.
17.60.320 Collection of Civil Penalties, Fees, and Costs
The City may use the services of a collection agency in order to collect any civil penalties, fees,
costs, and/or interest owing under this article.
17.60.330 Abatement
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1. Emergency Abatement. Whenever a condition constitutes an immediate threat to the
public health, safety or welfare or to the environment, the City may summarily and without
prior notice abate the condition. Notice of such abatement, including the reason for it,
shall be given to the person responsible for the violation as soon as reasonably possible
after the abatement.
2. Judicial Abatement. The City may seek a judicial abatement order from Spokane County
superior court, to abate a condition which continues to be a violation of this code where
other methods of remedial action have failed to produce compliance.
3. The City shall seek to recover the costs of abatement as authorized by this chapter.
17.60.340 Code Compliance Abatement Fund—Authorized
All monies collected from the assessment of civil penalties and for abatement costs and work shall
be allocated to support expenditures for abatement, and shall be accounted for through either
creation of an account in the fund for such abatement costs, or other appropriate accounting
mechanism.
17.60.350 Judicial Enforcement— Petition for Enforcement
1. In addition to any other judicial or administrative remedy, the office of the City Attorney, on
behalf of the City, may seek enforcement of the City's order by filing a petition for
enforcement in Spokane County superior court.
2. The petition must name as respondent each person against whom the City seeks to obtain
civil enforcement.
3. A petition for civil enforcement may request monetary relief, declaratory relief, temporary
or permanent injunctive relief, and any other civil remedy provided by law, or any
combination of the foregoing.
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21.20 State Environmental Policy Act
21.20.010 Authority. The city adopts this policy under the State Environmental
Policy Act (SEPA), 43.21C.120 Revised Code of Washington (RCW), and the SEPA
rules, Chapter 197-11 Washington Administrative Code (WAC).
21.20.020 Designation of Responsible Official. For those proposals that the City
is lead agency, the responsible official shall be the Community Development Director
(director) The responsible official shall make the threshold determination, supervise
scoping and preparation of any required environmental impact statement, and perform
any other functions assigned to the lead agency or responsible official by the SEPA
rules.
The responsible official shall also be responsible for the City's compliance with WAC
Chapter 197-11 whenever the City is a consulted agency.
21.20.030 Lead Agency Determination and Agency Responsibilities.
1. When an application is filed for a nonexempt action or the City initiates a
nonexempt action, the responsible official shall determine the lead agency for
that proposal under WAC 197-11-050 and 197-11-922 through 197-11-940,
unless the lead agency has been previously determined or the responsible
official is aware that another department or agency is in the process of
determining the lead agency.
2. When the city is not the lead agency for a proposal, all departments of the city
shall use and consider as appropriate either the determination of nonsignificance
or the final environmental impact statement of the lead agency in making
decisions on the proposal. No city department shall prepare or require
preparation of a determination of nonsignificance or environmental impact
statement in addition to that prepared by the lead agency unless the responsible
official determines a supplemental environmental review is necessary under
WAC 197-11-600.
3. If the city, or any of its departments, receives a lead agency determination made
by another agency that appears inconsistent with the criteria of WAC 197-11-922
through 197-11-940, it may object to the determination. Any objection must be
made to the agency originally making the determination or the city must petition
the Department of Ecology for a lead agency determination under WAC 197-11-
946 within the 15-day time period. Any such petition on behalf of the city shall be
initiated by the responsible official.
4. The responsible official is authorized to make agreements as to lead agency
status or shared lead agency's duties for a proposal under WAC 197-11-942 and
197-11-944.
5. The responsible official shall require sufficient information from the applicant to
identify other agencies with jurisdiction.
6. Within 90 days of issuing a letter of completeness for the application and
environmental checklist, the responsible official shall either make a threshold
determination or notify the applicant that a determination of significance is likely
and indicate the areas of likely impact. The applicant may request that the
decision be postponed for an additional thirty (30) days to allow the responsible
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official to evaluate mitigation measures proposed by the applicant. The
responsible official shall grant such extension, if requested.
21.20.040 Categorical Exemptions — Flexible Thresholds. The City establishes
the following exempt levels for minor new construction pursuant to WAC 197-11-
800(1)(c):
1. For residential dwelling units: up to twenty (20) dwelling units.
2. For agricultural structures: up to twenty thousand (20,000) square feet.
3. For office, school, commercial, recreational, service or storage buildings: up to
twelve thousand (12,000) square feet and up to forty (40) parking spaces.
4. For parking lots: up to forty (40) parking spaces.
5. For landfills and excavations: up to five hundred (500) cubic yards.
21.20.050 Categorical Exemptions—Applicability.
1. If a proposal fits within any of the categories of Section 21.20.040, the proposal
shall be categorically exempt from the threshold determination requirements of
WAC 197-11-720, except when the proposal is a segment of a proposal that
includes:
a. A series of actions, physically or functionally related to each other, some
of which are categorically exempt and some of which are not; or
b. A series of exempt actions that are physically or functionally related to
each other and that together may have a probable significant adverse
environmental impact in the judgment of an agency with jurisdiction.
c. If(a) or (b) apply, that agency shall be the lead agency unless the
agencies with jurisdiction agree that another agency should be the lead
agency. Agencies may petition the department of ecology to resolve
disputes (WAC 197-11-946).
d. Agencies may petition the department of ecology to resolve disputes
pursuant to WAC 197-11-946.
2. The agency or applicant may proceed with the exempt aspects of the proposals,
prior to conducting environmental review, provided the requirements of WAC
197-11-070 are met. The lead agency is not required to document that a
proposal is categorically exempt. The lead agency may note on an application
that a proposal is categorically exempt or place such a determination in the
agency's files.
21.20.060 Environmental Checklist.
A completed environmental checklist shall be filed prior to or at the same time as an
application for a permit, license, certificate, or other approval not categorically exempt;
except a checklist is not needed if the City and the applicant agree an EIS is required,
SEPA compliance has been completed, or SEPA compliance has been initiated by
another agency.
1. This checklist has been modified pursuant to WAC 197-11-960 and shall be in
the form provided in Section 21.20.150 (1)
2. For private proposals, the City will require the applicant to complete the
environmental checklist. For public proposals, the department initiating the
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proposal shall complete the environmental checklist for that proposal. During the
review of the environmental checklist, the staff will review and if necessary return
the checklist to the applicant for revisions and/or additional information. City staff
may also make minor changes or additions to the environmental checklist.
3. For projects submitted under an approved planned action under WAC 197-11-164
and 168, the City shall use its existing environmental checklist form or may
modify the environmental checklist form as provided in WAC 197-11-315. The
modified environmental checklist form may be prepared and adopted along with,
or as part of, a planned action ordinance, or developed after the ordinance is
adopted. In either case, a proposed modified environmental checklist form must
be sent to the Department of Ecology to allow at least a thirty day review prior to
use.
21.20.065 Threshold Determination — Determination of Nonsignificance (DNS)
1. The responsible official may issue a DNS if the responsible official determines
there will be no probable significant adverse impacts from a proposal. The lead
agency shall prepare and issue a DNS substantially in the form provided in WAC
197-11-970.
2. When a DNS is issued for any of the proposals listed in subsection (a) of this
section, the requirements of this subsection shall be met. The requirements of
this subsection do not apply to a DNS issued when the optional DNS Process in
SVMC XXXX is used.
a. An agency shall not act upon a proposal for fourteen (14) days after the
date of issuance of a DNS if the proposal involves:
i. Another agency with jurisdiction;
ii. Demolition of any structure or facility not exempted by WAC 197-
11-800(2)(f) or 197-11-880;
iii. Issuance of clearing or grading permits not exempted under
SVMC 21.20.040;
iv. A DNS under WAC 197-11-350(2), (3) or 197-11-360(4); or
v. An action related to the requirements of the Growth Management
Act.
b. The responsible official shall send the DNS and environmental checklist
to agencies with jurisdiction, the Department of Ecology, affected tribes,
and each local agency or political subdivision whose public services
would be changed as a result of implementation of the proposal, and shall
give notice pursuant to SVMC 21.20.110(1).
c. Any person, affected tribe, or agency may submit comments to the lead
agency within fourteen (14) days of the date of issuance of the DNS.
d. The date of issue for the DNS is the date the DNS is sent to the
Department of Ecology and agencies with jurisdiction and is made
publicly available.
e. An agency with jurisdiction may assume lead agency status only within
the fourteen (14) day comment period pursuant to WAC 197-11-948.
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f. The responsible official shall reconsider the DNS based on timely
comments and may retain or modify the DNS or, if the responsible official
determines that significant adverse impacts are likely, withdraw the DNS
and/or supporting documents. When a DNS is modified, the lead agency
shall send the modified DNS to agencies with jurisdiction.
3. The lead agency shall withdraw a DNS if:
a. There are substantial changes to the proposal so that the proposal is
likely to have significant adverse environmental impacts; or
b. There is significant new information indicating, or on, a proposal's
probable significant adverse environmental impacts; or
c. The DNS was procured by misrepresentation or lack of material
disclosure; if such DNS resulted from actions of an applicant, any
subsequent environmental checklist on the proposal shall be prepared
directly by the lead agency or a consultant at the expense of the
applicant.
4. If the lead agency withdraws a DNS, the lead agency shall make a new threshold
determination and notify other agencies with jurisdiction of the withdrawal and
new threshold determination. If a DS is issued, each agency with jurisdiction
shall commence action to suspend, modify or revoke any approvals until the
necessary environmental review has occurred (WAC 197-11-070).
21.20.070 Threshold Determination - Mitigated Determination of
Nonsignificance (MDNS).
1. The responsible official may issue a MDNS based on conditions attached to the
proposal by the responsible official or on changes to or clarification of the
proposal made by the applicant in a manner consistent with WAC 197-11-350.
2. An applicant may request in writing early notice of whether a DS is likely under
WAC 197-11-350. The request must:
a. Follow submission of a complete permit application and environmental
checklist for a nonexempt proposal for which the department is lead agency;
and
b. Precede the agency's actual threshold determination for the proposal.
3. The responsible official or a designee shall respond in writing to the request for
early notice within fourteen days unless otherwise agreed to. The response shall:
a. Be in writing; and
b. State whether the City currently considers issuance of a DS likely, and if so,
indicate the general or specific area(s) of concern leading the City to consider
a DS; and
c. State that the applicant may change or clarify the proposal to mitigate the
indicated impacts, revising the environmental checklist and/or permit
application as necessary to reflect the changes or clarifications.
4. The City's written response under the subsections above shall not be construed
as a DS. In addition, preliminary discussions of clarifications or changes to a
proposal, shall not bind the City to consider the clarifications or changes in its
threshold determination.
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5. When an applicant submits a changed or clarified proposal, along with a revised
or amended environmental checklist, the responsible official shall base the
threshold determination on the changed or clarified proposal.
a. If the responsible official indicated specific mitigation measures in the
response to the request for early notice and the applicant changed or clarified
the proposal to include those specific mitigation measures, the responsible
official shall issue and circulate a DNS pursuant to WAC 197-11-340(2).
b. If the responsible official indicated areas of concern but did not indicate
specific mitigation measures that would allow the issuance of a DNS, the
responsible official shall make the threshold determination, issuing a DNS or
DS as appropriate.
c. The applicant's proposed mitigation measures (clarifications, changes or
conditions) must be in writing and must be specific.
d. Mitigation measures which justify issuance of a mitigated DNS may be
incorporated in the DNS by reference to agency staff reports, studies or other
documents.
6. A MDNS is issued either under WAC 197-11-340(2) requiring a fourteen day
comment period unless otherwise established by agency procedure and public
notice pursuant to Section 20.20.130 SVMC, or under WAC 197-11-355, which
may require no additional comment period beyond the comment period on the
notice of application.
7. Mitigation measures incorporated in the MDNS shall be deemed conditions of
approval of the permit decision and may be enforced in the same manner as any
term or condition of the permit or enforced in any manner specifically prescribed
by the City.
21.20.075 Optional DNS Process.
1. If the city has a reasonable basis for determining significant adverse
environmental impacts are unlikely, it may use a single integrated comment
period to obtain comments on the notice of application and the likely threshold
determination for the proposal. If this process is used, a second comment period
will typically not be required when the DNS is issued (refer to subsection (4) of
this section).
2. If the lead agency uses the optional DNS process specified in subsection (1) of
this section, the lead agency shall:
a. State on the first page of the notice of application that it expects to issue a
DNS for the proposal and that:
i. The optional DNS process is being use;
ii. This may be the only opportunity to comment on the
environmental impacts of the proposal;
iii. The proposal may include mitigation measures under applicable
codes, and the project review process may incorporate or require
mitigation measures regardless of whether an EIS is prepared;
and
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iv. A copy of the subsequent threshold determination for the specific
proposal may be obtained upon request. In addition, the lead
agency may choose to maintain a general mailing list for threshold
determination distribution.
b. List in the notice of application the conditions being considered to mitigate
environmental impacts, if a MDNS is expected.
c. Comply with the requirements for a notice of application in SVMC 17.40
and public notice in SVMC 21.20.110(1).
d. Send the notice of application and environmental checklist to:
i. Agencies with jurisdiction, the Department of Ecology, affect
tribes, and each local agency or political subdivision whose public
services would be changed as a result of implementation of the
proposal; and
ii. Anyone requesting a copy of the environmental checklist for the
specific proposal.
3. If the lead agency indicates on the notice of application that a DNS is likely, an
agency with jurisdiction may assume lead agency status during the comment
period on the notice of application pursuant to WAC 197-11-948.
4. The responsible official shall consider timely comments on the notice of
application and take one of the following actions:
a. Issue a DNS or MDNS with no comment period using the procedures in
subsection (5) of this section;
b. Issue a DNS or MDNS with a comment period using the procedures in
subsection (5) of this section, if the lead agency determines a comment
period is necessary;
c. Issue a DS; or
d. Require additional information or studies prior to making a threshold
determination.
5. If a DNS or mitigated DNS is issued under subsection (d)(1) of this section, the
lead agency shall send a copy of the DNS or mitigated DNS to the Department of
Ecology, agencies with jurisdiction, those who commented, and anyone
requesting a copy. A copy of the environmental checklist need not be
recirculated.
21.20.080 Threshold Determination — Declaration of Significance (DS)
If the responsible official determines that a proposal may have a probable significant
adverse environmental impact, the responsible official shall prepare and issue a
determination of significance (DS) substantially in the form substantially in the form
provided in WAC 197-11-980. The DS shall contain the information as set forth in WAC
197-11-360. An environmental impact statement shall be prepared for projects for which
a DS threshold determination has been issued consistent with the appropriate sections
of this Title and referenced sections of the WAC.
21.20.085 Environmental Impact Statement.
An environmental impact statement (EIS) is required for project and nonproject actions
that may have a significant adverse impact on the environment as more specifically set
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forth in WAC 197-11-330 and shall be prepared pursuant to WAC 197-11-400 through
460.
21.20.090 Environmental Impact Statement— Preparation.
1. Any person, firm, or corporation assisting in the preparation of an EIS for private
projects shall have expertise and experience in preparing environmental impact
statements and shall be approved in writing by the responsible official before
participating in the EIS process.
2. Preparation of environmental impact statements, supplemental environmental
impact statements, and other environmental documentation shall be under the
direction of the responsible official. The documents may be prepared by the city
staff, or by a consultant approved and directed by the City, however all costs
involved in the preparation of an EIS shall be borne by the applicant. The
responsible official shall notify the applicant of the City's procedure for
preparation, and distribution of the draft and final environmental impact
statement.
3. The City may require an applicant to provide information the City does not
possess, including specific investigations relating to elements of the environment,
if such information is required under this chapter or another statute or ordinance.
4. Before the city issues a preliminary or final environmental impact statement, the
responsible official shall be satisfied that it complies with this chapter and
Chapter 197-11 WAC.
5. The City may create and maintain an EIS list of Qualified Consultants to assist in
determining the expertise and experience of consultants using, but not limited to,
the following procedures:
a. Annually or biannually placing a legal notice in a newspaper of local
circulation requesting statement of qualifications (SOQ) from qualified
consultants.
b. The City will review the SOQs and require interested consultants to
submit an application package to be place on the list.
c. The City will review the submitted materials and place those consultants
who are determined to meet the minimum qualifications on the list. Those
qualifications include, but are not limited to:
i. Possessing a thorough and comprehensive knowledge of the
procedural and substantive requirements of SEPA and related
regulations; and
ii. Possessing adequate technical and administrative capacity to
produce EIS documents and/or associated technical documents.
21.20.100 Additional Elements in an EIS.
1. The table of contents shall include a list of elements of the environment as set
forth in WAC 197-11-444, indicating those elements or portions of elements that
do not involve significant adverse impacts;
2. The City may include, at its discretion, in an EIS or its appendix, the analysis of
any impact relevant to the City's decision, whether or not the impact is an
environmental one. This inclusion of such analysis may or may not be based
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upon comments received during the scoping process. The provision for
combining documents may be used as set forth in WAC 197-11-640. The EIS
shall comply with the formatting requirements of WAC 197-11-400 through WAC
197-11-500. The decision whether to include such information and the adequacy
of any such additional analysis shall not be used in determining whether an EIS
meets the requirements of SEPA.
3. If the City chooses to include a cost/benefit analysis in an EIS, such analysis
shall be consistent with WAC 197-11-450.
21.20.110 Commenting. The rules for consulting, commenting, and responding on
all environmental documents under SEPA, including rules for public notice and hearings
are set forth below as well as in WAC 197-11-500 through 570.
1. Public notice. Whenever possible, the City shall integrate the public notice
requirement of this section with existing notice procedures for the City's
nonexempt permit(s) or approval(s) required for the proposal. When the City
issues a DNS under WAC 197-11-340(2) or a DS under WAC 197-11-360(3), the
City shall give public notice as follows:
a. If public notice is required for a nonexempt license by other regulations,
that notice shall state whether a DS or DNS has been issued and when
comments are due.
b. If an environmental document is issued concurrently with the Notice of
Application, the public notice requirements as set forth in Title 17 of the
SVMC will suffice to meet the public notice requirements in WAC 197-11-
510(1).
c. If no public notice is otherwise required for the permit or approval, the
lead agency shall give notice of the DNS or DS as provided for in WAC
197-11-510 and locally adopted rules and regulations.
d. If a DNS is issued using the Optional DNS process, the public notice
requirements for a notice of application as set forth in Title 17 of the
SVMC as supplemented by the requirements in WAC 197-11-355, will
suffice to meet the public notice requirements in WAC 197-11-510(1)(b).
e. Whenever the City issues a DEIS under WAC 197-11-455(5) or an SEIS
under WAC 197-11-620, notice of the availability of these documents
shall be given by the following:
i. Indicating the availability of the DEIS in any public notice required
for the nonexempt license subsequently published after the
issuance of the DEIS and prior to the first public hearing regarding
a nonexempt license.
ii. Selecting one or more of the following notification methods:
1) Posting the property for site specific proposals pursuant to
the administrative procedures for the underlying action;
2) Publishing a legal notice in a newspaper of general
circulation;
3) Notifying public or private groups, which have expressed
an interest in a certain proposal, or in the type of proposal
being considered;
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4) Notifying the news media;
5) Placing notices in appropriate regional, neighborhood,
ethnic, or trade journals;
6) Publishing notice in newsletters and/or sending notice to
agency mailing lists (either general lists or lists for specific
proposals for subject areas).
f. The City may require an applicant to complete the public notice
requirements for the proposal at his or her expense or otherwise may
charge a fee sufficient to cover the lead agency's entire cost of meeting
the public notice requirements.
2. Response to a Consultation Request. The director of the department with
appropriate expertise shall be responsible for preparation of written comments for
an agency in response to a consultation request prior to a threshold
determination, participation in scoping, and reviewing DEIS in a manner
consistent with WAC 197-11-550.
21.20.120 Using Existing Environmental Documents.
Existing environmental documents prepared under SEPA or the National Environmental
Policy Act (NEPA) may be used for an agency's own environmental compliance in a
manner consistent with WAC 197-11-164 through 172 and WAC 197-11-600 through
640.
21.20.130 SEPA Agency Decisions, Conditions, and Appeals.
1. SEPA decisions to mitigate anticipated impacts or deny proposals shall be made
in a manner consistent with WAG 197-11-650 and 660. The City, in making its
determination shall consider relevant environmental documents, alternatives, and
mitigation measures as set forth in WAG 197-11-655.
2. The City may attach conditions to a permit or approval for a proposal so long as:
a. Such conditions are necessary to mitigate specific probable adverse
environmental impacts identified in environmental documents prepared with
regard to the license;
b. Such conditions are in writing;
c. The mitigation measures included in such conditions are reasonable and
capable of being accomplished;
d. The City has considered whether other local, state or federal mitigation
measures applied to the proposal are sufficient to mitigate the identified
impacts; and
e. Such conditions are based on one or more policies in subsection 3 of this
section and cited in the license or other decision document.
3. The City may deny a permit or approval for a proposal on the basis of SEPA
provided that:
a. A finding is made that approving the proposal would result in probable
significant adverse environmental impacts that are identified in a FEIS or final
SEIS prepared pursuant to the ordinance codified in this chapter; and
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b. A finding is made that there are no reasonable mitigation measures capable
of being accomplished that are sufficient to mitigate the identified impact; and
c. The denial is based on one or more policies identified in section 21.20.130 (4)
and identified in writing in the decision document.
4. Pursuant to RCW 43.21.060 and WAC 197-11-060(a) and 197-11-902 the City
adopts the following policies as the basis for the imposition of mitigating
conditions as set forth in this Chapter. :
a. The City shall use all practicable means consistent with other essential
considerations of state policy to improve and coordinate plans, functions,
programs and resources to the end that the State and its citizens may:
i. fulfill the responsibilities of each generation as trustee of the
environment for succeeding generations;
ii. assure for all people of Washington safe, healthful, productive and
aesthetically and culturally pleasing surroundings;
iii. attain the widest range of beneficial uses of the environment
without degradation, risk to health or safety, or other undesirable
and unintended consequences;
iv. preserve important historic, cultural and natural aspects of our
national heritage;
v. maintain, wherever possible, an environment which supports
diversity and variety of individual choice;
vi. achieve a balance between population and resource use which
will permit high standards of living and a wide sharing of life's
amenities; and
vii. enhance the quality of renewable resources and approach the
maximum attainable recycling of depletable resources.
b. The City recognizes that each person has a fundamental and
inalienable right to a healthful environment and that each person has
a responsibility to contribute to the preservation and enhancement of
the environment.
5. The City, for the purposes of RCW 43.21 C.060 and WAC 197-11-660(a), adopts
by reference the policies, plans, rules, and regulations, and all amendments
thereto, identified in Appendix D. Appendix D is adopted and may be amended
by the City pursuant to WAC 197-11-902.
6. Except for permits and variances issued pursuant to RCW Chapter 90.58 (the
Washington State Shorelines Management Act) and rules promulgated thereto,
appeals of decisions or actions conditioned or denied on the basis of SEPA by a
non elected official shall be appealable in accordance with SVMC 17.50
21.20.140 Definitions. Uniform usage and definitions of terms under SEPA are set
forth in WAC 197-11-700 through 792.
21.20.150 Forms. The city adopts the following forms for use in carrying out the
local SEPA procedures:
1. Environmental checklist;
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2. Notice of Assumption of Lead Agency Status;
3. Determination of Significance and Scoping Notice (DS);
4. Determination of Nonsignificance (DNS);
5. Adoption notice;
6. Notice of Action.
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CRITICAL AREAS REGULATIONS
[To be incorporated into SVMC Title 21- Environmental Controls]
21.30 Floodplain Regulations
21.30.010 Purpose and Applicability
1. The provisions of this chapter shall apply to all areas of special flood hazards within
the jurisdiction of Spokane Valley, Washington, and shall be administered in
conformance with the National Flood Insurance Act, as amended (codified in CFR
60) and A summary of NFIP Policy for Local Officials, FEMA Region 10 Mitigation
Division, July 2001.
21.30.020 Definitions
Unless specifically defined below, words or phrases used in this ordinance shall be
interpreted so as to give them the meaning they have in common usage and to give this
ordinance its most reasonable application.
"Appeal" means a request for a review of the interpretation of any provision of this
ordinance or a request for a variance.
"Area of Shallow Flooding" means a designated AO or AH Zone on the Flood Insurance
Rate Map (FIRM) and which has the following characteristics:
a. The base flood depths range from one to three feet;
b. A clearly defined channel does not exist;
c. The path of flooding is unpredictable and indeterminate; and,
d. Velocity flow may be evident.
AO is characterized as sheet flow and AH indicates ponding and includes a base flood
elevation..
"Area of Special Flood Hazard" means the land in the flood plain within a community
subject to a one percent or greater chance of flooding in any given year. Designation on
maps always includes the letters A or V.
"Base Flood" means the flood having a one percent chance of being equaled or
exceeded in any given year. Also referred to as the "100-year flood." Designation on
maps always includes the letters A or V.
"Basement" means any area of the building having its floor sub-grade (below ground
level) on all sides.
"Breakaway Wall" means a wall that is not part of the structural support of the building
and is intended through its design and construction to collapse under specific lateral
loading forces, without causing damage to the elevated portion of the building or
supporting foundation system.
"Critical Facility" means a facility for which even a slight chance of flooding might be too
great. Critical facilities include, but are not limited to schools, nursing homes, hospitals,
police, fire and emergency response installations, installations which produce, use or
store hazardous materials or hazardous waste.
"Cumulative Substantial Damage" means flood-related damages sustained by a
structure on two separate occasions during a 10-year period for which the cost of repairs
at the time of each such flood event, on the average, equals or exceeds 25 percent of
the market value of the structure before the damage occurred.
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"Development" means any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation or drilling operations or storage of equipment or materials located
within the area of special flood hazard.
"Elevated Building" means for insurance purposes, a non-basement building which has
its lowest elevated floor raised above ground level by foundation walls, shear walls, post,
piers, pilings, or columns.
"Elevation Certificate" means the official form (FEMA Form 81-31) used to track
development, provide elevation information necessary to ensure compliance with
community floodplain management ordinances, and determine the proper insurance
premium rate with Section B completed by Community Officials.
"Existing Manufactured Home Park or Subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including, at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed before the effective date of the adopted floodplain
management regulations.
"Expansion to an existing Manufactured Home Park or Subdivision" means the
preparation of additional sites by the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads).
"Flood" or "Flooding" means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
a. The overflow of inland or tidal waters and/or
b. The unusual and rapid accumulation of runoff of surface waters from any
source.
"Flood Insurance Rate Map (FIRM)" means the official map on which the Federal
Insurance Administration has delineated both the areas of special flood hazards and the
risk premium zones applicable to the community.
"Flood Insurance Study (FIS)" means the official report provided by the Federal
Insurance Administration that includes flood profiles, the Flood Boundary-Floodway Map,
and the water surface elevation of the base flood.
"Flood Storage Area" means floodplain areas designated on the FIRM where the storage
and infiltration of floodwater has been taken into account in reducing flood discharges.
Storage areas may include floodwater conveyance or floodway characteristics.
"Floodway" means the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than one foot.
"Infiltration" means the infiltration of floodwater into the ground which may be taken into
account in reducing flood discharges.
"Lowest Floor" means the lowest floor of the lowest enclosed area (including basement).
An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building
access or storage, in an area other than a basement area, is not considered a building's
lowest floor, provided that such enclosure is equipped with adequate flood-ventilation
openings specified in 21.30.060 3.a.ii of this title.
"Manufactured Home" means a structure, transportable in one or more sections, which is
built on a permanent chassis and is designed for use with or without a permanent
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foundation when attached to the required utilities. The term "manufactured home" does
not include a "recreational vehicle."
"Manufactured Home Park or Subdivision" means a parcel (or contiguous parcels) of
land divided into two or more manufactured home lots for rent or sale.
"New Construction" means structures for which the "start of construction" commenced on
or after the effective date of this ordinance.
"New Manufactured Home Park or Subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed on or after the effective date of adopted floodplain
management regulations.
"Recreational Vehicle" means a vehicle which is:
a. Built on a single chassis;
b. 400 square feet or less when measured at the largest horizontal projection;
c. Designed to be self-propelled or permanently towable by a light duty truck;
and
d. Designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
"Start of Construction" includes substantial improvement, and means the date the
building permit was issued, provided the actual start of construction, repair,
reconstruction, placement or other improvement was within 180 days of the permit date.
The actual start means either the first placement of permanent construction of a
structure on a site, such as the pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation; or the placement
of a manufactured home on a foundation. Permanent construction does not include land
preparation, such as clearing, grading and filling; nor does it include the installation of
streets and/or walkways; nor does it include excavation for a basement, footings, piers,
or foundations or the erection of temporary forms; nor does it include the installation on
the property of accessory buildings, such as garages or sheds not occupied as dwelling
units or not part of the main structure. For a substantial improvement, the actual start of
construction means the first alteration of any wall, ceiling, floor, or other structural part of
a building, whether or not that alteration affects the external dimensions of the building.
"Structure" means a walled and roofed building including a gas or liquid storage tank that
is principally above ground.
"Substantial Damage" means damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would equal or exceed 50
percent of the market value of the structure before the damage occurred.
"Substantial Improvement" means any repair, reconstruction, or improvement of a
structure, the cost of which equals or exceeds 50 percent of the market value of the
structure either:
a. Before the improvement or repair is started; or
b. If the structure has been damaged and is being restored, before the damage
occurred. For the purposes of this definition "substantial improvement" is
considered to occur when the first alteration of any wall, ceiling, floor, or other
structural part of the building commences, whether or not that alteration affects
the external dimensions of the structure.
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The term does not, however, include either:
a. Any project for improvement of a structure to correct existing violations of state or
local health, sanitary, or safety code specifications which have been identified by
the local code enforcement official and which are the minimum necessary to
assure safe living conditions, or
b. Any alteration of a structure listed on the National Register of Historic Places or a
State Inventory of Historic Places.
"Variance" means a grant of relief from the specific requirements of this chapter which
permits construction in a manner that would otherwise be prohibited.
"Water Dependent" means a structure for commerce or industry which cannot exist in
any other location and is dependent on the water by reason of the intrinsic nature of its
operations.
21.30.020 Basis for Establishing Areas of Special Flood Hazard
The areas of special flood hazard identified by the Federal Insurance Administration in a
scientific and engineering report entitled "The Flood Insurance Study Spokane County"
dated May 17, 1988, and any revisions thereto, with an accompanying Flood Insurance
Rate Map (FIRM), and any revisions thereto, are hereby adopted by reference and
declared to be a part of this ordinance. The Flood Insurance Study and the FIRM are on
file at the office of the Spokane Valley Floodplain Administrator.
21.30.030 Compliance & Enforcement
No structure or land shall hereafter be constructed, located, extended, converted, or
altered without full compliance with the terms of this chapter. Enforcement procedures
for violations of this chapter shall be in conformance with SVUDC 17.60.
21.30.035 Abrogation and Greater Restrictions
This chapter is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this ordinance and another ordinance,
easement, covenant, or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
21.30.040 Interpretation
In the interpretation and application of this ordinance, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and,
3. Deemed neither to limit nor repeal any other powers granted under State
statutes.
21.30.045 Warning & Disclaimer of Liability
The degree of flood protection required by this ordinance is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. Larger
floods can and will occur on rare occasions. Flood heights may be increased by man-
made or natural causes. This ordinance does not imply that land outside the areas of
special flood hazards or uses permitted within such areas will be free from flooding or
flood damages. This ordinance shall not create liability on the part of the City of
Spokane Valley, any officer or employee thereof, or the Federal Insurance
Administration, for any flood damages that result from reliance on this ordinance or any
administrative decision lawfully made hereunder.
21.30.050. Administration
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1. Development Permit Required: A development permit shall be obtained before
construction or development begins within any area of special flood hazard
established in this chapter. The permit shall be for all structures including
manufactured homes, as set forth in the "DEFINITIONS," and for all development
including fill and other activities, also as set forth in the "DEFINITIONS."
2. Application for Development Permit: Application for a development permit shall
be made on forms furnished by the City and may include, but not be limited to,
plans in duplicate drawn to scale showing the nature, location, dimensions, and
elevations of the area in question; existing or proposed structures, fill, storage of
materials, drainage facilities, and the location of the foregoing. Specifically, the
following information is required:
a. Elevation in relation to mean sea level, of the lowest floor (including
basement) of all structures recorded on a current elevation certificate (FF 81-
31) with Section B completed by the local official;
b. Elevation in relation to mean sea level to which any structure has been
flood-proofed;
c. Certification by a registered professional engineer or architect that the flood-
proofing methods for any nonresidential structure meet the flood-proofing
criteria in 21.30.060.3.b. and
d. Description of the extent to which a watercourse will be altered or relocated
as a result of proposed development.
3. Designation of the Local Administrator: The Community Development Director is
hereby designated as Floodplain Administrator and appointed to administer and
implement this chapter by granting or denying development permit applications in
accordance with its provisions.
4. Duties and Responsibilities of the Local Administratorshall include, but not be
limited to:
a. Review all development permits to determine that the permit requirements of
this ordinance have been satisfied.
b. Review all development permits to determine that all necessary permits have
been obtained from those Federal, State, or local governmental agencies
from which prior approval is required.
c. Review all development permits to determine if the proposed development is
located in the floodway. If located in the floodway, assure that the
encroachment provisions of 21.30.060.f. are met.
d. When base flood elevation data has not been provided (A and V Zones) in
accordance with SVMC 21.30.020 Basis for Establishing the Areas of Special
Flood Hazard, the Floodplain Administrator shall obtain, review, and
reasonably utilize any base flood elevation and floodway data available from
a Federal, State or other source, in order to administer Sections 21.30.060.3.
Specific Standards, and 21.30.060.f. Floodways.
e. Where base flood elevation data is provided through the Flood Insurance
Study, FIRM, or required as in subsection d above, the actual elevation (in
relation to mean sea level) of the lowest floor (including basement) of all new
or substantially improved structures, and whether or not the structure
contains a basement shall be recorded on a current elevation certificate (FF
81-31) with Section B completed by the local administrator.
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f. For all new or substantially improved flood-proofed structures where base
flood elevation data is provided through the Flood Insurance Study, FIRM, or
as required in subsection d. above, the local administrator shall:
i. Obtain and record the elevation (in relation to mean sea level) to
which the structure was flood-proofed and
ii. Maintain the flood-proofing certifications required in 21.30.050
section 2c. above.
iii. Maintain for public inspection all records pertaining to the
provisions of this chapter.
g. The local administrator shall
i. Notify adjacent communities and the Department of Ecology prior
to any alteration or relocation of a watercourse, and submit
evidence of such notification to the Federal Insurance
Administration.
ii. Require that maintenance is provided within the altered or
relocated portion of said watercourse so that the flood carrying
capacity is not diminished.
h. The local administrator shall make interpretations where needed, as to
exact location of the boundaries of the areas of special flood hazards (for
example, where there appears to be a conflict between a mapped boundary and
actual field conditions). The person contesting the interpretation of the
Floodplain Administrator in relation to the boundary shall be given a reasonable
opportunity to appeal pursuant to the procedures outlined in SVMC 17.50
Appeals.
i. The local administrator is expressly authorized to require compliance with all
federal and state permit requirements, and may require Letters of Map
Amendment (LOMA) and Conditional Letters of Map Revision (CLOMR).
21.30.055 Variances
1. Decision on variances.
a. The duly appointed Hearing Examiner shall hear and decide requests for
variances from the requirements of this section following notice of not less
than fifteen (15) days and public hearing. The contents of the appeal
shall be as set forth in SVMC 17.50.040. Appeal procedures shall be as
set forth in SVMC 17.50.060. The decision or determination of the
Hearing Examiner shall be final unless appealed pursuant to RCW
36.70C.
b. In passing upon such applications, the Hearing Examiner shall consider
all technical evaluations, all relevant factors, standards specified in other
sections of this ordinance, and:
i. The danger that materials may be swept onto other lands to the
injury of others;
ii. The danger to life and property due to flooding or erosion damage;
iii. The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
iv. The importance of the services provided by the proposed facility to
the community;
6
v. The necessity to the facility of a waterfront location, where
applicable;
vi. The availability of alternative locations for the proposed use which
are not subject to flooding or erosion damage;
vii. The compatibility of the proposed use with existing and anticipated
development;
viii.The relationship of the proposed use to the comprehensive plan
and flood plain management program for that area;
ix. The safety of access to the property in times of flood for ordinary
and emergency vehicles;
x. The expected heights, velocity, duration, rate of rise, and
sediment transport of the flood waters and the effects of wave
action, if applicable, expected at the site; and,
xi. The costs of providing governmental services during and after
flood conditions, including maintenance and repair of public
utilities and facilities such as sewer, gas, electrical, and water
systems, and streets and bridges.
b. Upon consideration of the factors and the purposes of this ordinance, the
Hearing Examiner may attach such conditions to the granting of variances
as it deems necessary to further the purposes of this chapter. The City
shall maintain the records of all appeal actions and report any variances
to the Federal Insurance Administration upon request.
2. Conditions for Variances
a. Generally, the only condition under which a variance from the elevation
standard may be issued is for new construction and substantial
improvements to be erected on a lot of one-half acre or less in size
contiguous to and surrounded by lots with existing structures constructed
below the base flood level, providing items (i-xi) in Section 21.30.055.1.a.
have been fully considered. As the lot size increases the technical
justification required for issuing the variance increases.
b. Variances may be issued for the reconstruction, rehabilitation, or
restoration of structures listed on the National Register of Historic Places
or the State Inventory of Historic Places, without regard to the procedures
set forth in this section.
c. Variances shall not be issued within a designated floodway if any
increase in flood levels during the base flood discharge would result.
d. Variances shall only be issued upon a determination that the variance is
the minimum necessary, considering the flood hazard, to afford relief.
e. Variances shall only be issued upon:
i. A showing of good and sufficient cause, pursuant to Section
21.30.055.1.a of this chapter;
ii. A determination that failure to grant the variance would result in
exceptional hardship to the applicant;
iii. A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on
7
or victimization of the public, or conflict with existing local laws or
ordinances.
f. Variances as interpreted in the National Flood Insurance Program are
based on the general zoning law principle that they pertain to a physical
piece of property; they are not personal in nature and do not pertain to the
structure, its inhabitants, economic or financial circumstances.
g. Variances may be issued for nonresidential buildings in very limited
circumstances to allow a lesser degree of flood-proofing than watertight
or dry-flood-proofing, where it can be determined that such action will
have low damage potential, complies with all other variance criteria
except 21.30.055.2.a, and otherwise complies with Sections 21.30.060
subsections a., b. and c. of the General Standards.
h. Any applicant to whom a variance is granted shall be given written notice
that the structure will be permitted to be built with a lowest floor elevation
below the base flood elevation and that the cost of flood insurance will be
commensurate with the increased risk resulting from the reduced lowest
floor elevation.
i. Any appeal of a decision or determination of the local administrator is a
decision on a Type II application. An appeal of the decision shall be
made pursuant to SVMC 17.50.
21.30.060. Provisions for Flood Hazard Reduction
1. General Standards
In all areas of special flood hazards, the following standards are required:
a. Anchoring
i. All new construction and substantial improvements shall be anchored
to prevent flotation, collapse, or lateral movement of the structure.
ii. Where permitted pursuant to Section 5 below, all manufactured
homes shall be anchored to prevent flotation, collapse, or lateral
movement, and shall be installed using methods and practices that
minimize flood damage. Anchoring methods may include, but are not
limited to, use of over-the-top or frame ties to ground anchors
(Reference FEMA's "Manufactured Home Installation in Flood Hazard
Areas" guidebook for additional techniques).
b. AH Zone Drainage
Adequate drainage paths are required around structures on slopes to
guide floodwaters around and away from proposed structures.
c. Construction Materials and Methods
i. All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant to flood
damage.
ii. All new construction and substantial improvements shall be
constructed using methods and practices that minimize flood damage.
iii. Electrical, heating, ventilation, plumbing, and air-conditioning
equipment and other service facilities shall be designed and/or
otherwise elevated or located so as to prevent water from entering or
accumulating within the components during conditions of flooding.
8
d. Utilities
i. All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the systems;
ii. The proposed water well shall be located on high ground that is not in
the floodway (WAC 173-160-171);
iii. New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the systems and
discharges from the systems into flood waters; and,
iv. On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
e. Subdivision and Other Proposed Developments
i. All development proposals shall be consistent with the need to
minimize flood damage;
ii. All subdivision proposals shall have public utilities and facilities, such
as sewer, gas, electrical, and water systems located and constructed
to minimize or eliminate flood damage;
iii. All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood damage; and,
iv. Where base flood elevation data has not been provided or is not
available from another authoritative source, it shall be generated by a
civil engineer licensed in the state of Washington for all short
subdivision and subdivision proposals and binding site plans.
v. Pursuant to RCW 58.17.120, no plat shall be approved for any land
situated within the 100-year floodplain as provided RCW 86.16
without the prior written approval of the department of ecology of the
State of Washington.
2. Review of Building Permits
Where elevation data is not available either through the Flood Insurance
Study, FIRM, or from another authoritative source, applications for building
permits shall be reviewed to assure that proposed construction will be
reasonably safe from flooding. The test of reasonableness is the Floodplain
Administrator's judgment and includes, but is not limited to use of historical
data, high water marks, photographs of past flooding, etc., where available.
The Floodplain Administrator may require the applicant to locate the lowest
floor at least two feet above the highest adjacent natural ground surface.
Failure to elevate at least two feet above the highest adjacent natural ground
surface in these zones may result in higher insurance rates.
3. Specific Standards
In all areas of special flood hazards where base flood elevation data has
been provided (Zones A1-30, AH, and AE) as set forth in 21.30.020, Basis for
Establishing the Areas of Special Floodplain Hazard, or Section 21.30.050.d.
relating to use of Other Base Flood Data, the following provisions are
required:
a. Residential Construction
9
i. New construction and substantial improvement of any residential
structure shall have the lowest floor, including basement, elevated
one foot or more above the base flood elevation.
ii. Fully enclosed areas below the lowest floor that are subject to flooding
are prohibited, or shall be designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the entry and
exit of floodwaters. Designs for meeting this requirement must either
be certified by a professional engineer or architect licensed in the
state of Washington or must meet or exceed the following minimum
criteria:
(a) A minimum of two openings having a total net area of not less
than one square inch for every square foot of enclosed area
subject to flooding shall be provided.
(b) The bottom of all openings shall be no higher than one foot
above grade.
(c) Openings may be equipped with screens, louvers, or other
coverings or devices provided that they permit the automatic
entry and exit of floodwaters.
b. Non-residential Construction
New construction and substantial improvement of any commercial,
industrial or other nonresidential structure shall either have the lowest
floor, including basement, elevated one foot or more above the base flood
elevation; or, together with attendant utility and sanitary facilities, shall:
i. Be flood-proofed so that below one foot or more above the base flood
level the structure is watertight with walls substantially impermeable to
the passage of water;
ii. Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy;
iii. Be certified by a professional engineer or architect licensed in the
state of Washington that the design and methods of construction are
in accordance with accepted standards of practice for meeting
provisions of this subsection based on their development and/or
review of the structural design, specifications.and plans.
iv. Nonresidential structures that are elevated, not flood-proofed, must
meet the same standards for space below the lowest floor.
v. Applicants flood-proofing nonresidential buildings shall be notified that
flood insurance premiums will be based on rates that are one foot
below the flood-proofed level (e.g. a building flood-proofed to the base
flood level will be rated as one foot below).
c. Manufactured Homes
All manufactured homes in the floodplain to be placed or substantially improved
shall be elevated on a permanent foundation such that the lowest floor of the
manufactured home is elevated one foot or more above the base flood elevation
and shall be securely anchored to a permanent foundation system to resist
flotation, collapse and lateral movement; provided however that manufactured
homes to be placed on substantially improved sites in an existing manufactured
home park or subdivision which has not experienced substantial damage as a
10
result of flooding shall be elevated so that either:
The bottom of the crawl space of the manufactured home is
elevated one foot or more above the base flood elevation, or
ii. The manufactured home chassis is supported by reinforced
piers or other foundation elements of at least equivalent
strength that are no less than 36 inches in height above grade
and be securely anchored to an adequately anchored
foundation system to resist flotation, collapse, and lateral
movement.
d. Recreational Vehicles
Recreational vehicles placed on sites are required to either:
i. Be on the site for fewer than 180 consecutive days,
ii. Be fully licensed and ready for highway use, on its wheels or jacking
system, is attached to the site only by quick disconnect type utilities
and security devices, and has no permanently attached additions; or
e. AE and A1-30 Zones with Base Flood Elevations but no Floodways
i. In areas where a regulatory floodway has not been designated, no
new construction, substantial improvements, or other development
(including fill) shall be permitted within Zones Al-30 and AE on the
community's FIRM, 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.
ii. In the unnumbered A zones, the development may not increase the
water surface elevation of the base flood by more than one (1) foot at
any point.
iii. In the A zones where base flood elevations have been provided, but
floodways have not been established, the development may not
increase the surface water elevation of the base flood by more than
one-tenth (1/10th) of a foot at any point.
iv. All adjacent or other property owners impacted by the development
within the floodplain must give their written, notarized approval for
ANY increased base flood elevations upon their property.
f. A Zones with Base Flood Elevations and Floodways Established
In the A zones where base flood elevations have been provided and floodways
have been established, the development may not increase the surface water
elevation of the base flood at any point.
g. Floodways
Located within areas of special flood hazard are areas designated as floodways.
Since the floodway is an extremely hazardous area due to the velocity of
floodwaters which carry debris, potential projectiles, and erosion potential, the
following provisions apply:
i. Prohibit encroachments, including fill, new construction, substantial
improvements, and other development unless certification by a
registered professional engineer is provided demonstrating through
11
hydrologic and hydraulic analyses performed in accordance with
standard engineering practice that the proposed encroachment would
not result in any increase in flood levels during the occurrence of the
base flood discharge.
ii. Construction or reconstruction of residential structures is prohibited
within designated floodways, except for (i) repairs, reconstruction, or
improvements to a structure which do not increase the ground floor
area; and (ii) repairs, reconstruction or improvements to a structure,
the cost of which does not exceed 50 percent of the market value of
the structure either, (A) before the repair, or reconstruction is started,
or (B) if the structure has been damaged, and is being restored,
before the damage occurred. Any project for improvement of a
structure to correct existing violations of state or local health, sanitary,
or safety code specifications which have been identified by the local
code enforcement official and which are the minimum necessary to
assure safe living conditions or to structures identified as historic
places may_be included in the 50 percent.
iii. If the provisions of this section are satisfied, all new construction and
substantial improvements shall comply with all applicable flood hazard
reduction provisions of 21.30.060 PROVISIONS FOR FLOOD
HAZARD REDUCTION.
h. Water Dependent Works
For water-dependent utilities and other installations which by their very nature
must be in the flood fringe and/or floodway (such uses as, but not limited to,
roads, bridges, marinas, dams for domestic/industrial water supply, flood control
and/or hydroelectric production; water diversion structures and facilities for water
supply, irrigation, and/or fisheries enhancement; flood water and drainage
pumping plants and facilities; hydroelectric generating facilities and appurtenant
structures; structural and nonstructural flood damage reduction facilities, and
stream bank stabilization structures and practices), these provisions apply:
i. The applicant shall supply convincing evidence that a flood fringe
and/or floodway location is necessary in view of the objectives of the
proposal and provided further that the proposal is consistent with
other provisions of this title and relevant local, state and federal
regulations.
ii. In all instances of locating utilities and other installations in floodway
locations, project design must incorporate flood-proofing certified by a
professional civil engineer registered as such by the State of
Washington to be capable of withstanding 100-year flood flows and
velocities.
iii. For any works that impound water, the applicant shall provide
documentation -of easements, flowage rights or ownership of the
impoundment area and certification by a professional civil engineer
registered as such by the State of Washington that the works will
cause no increase in the 100-year flood elevation outside the
impoundment areas and that the works and associated impoundment
area will not impair the ability of natural drainageways to drain
floodwaters adequately during a flooding event.
h. Standards for Shallow Flooding Areas (AO Zones)
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Shallow flooding areas appear on FIRMs as AO zones with depth designations.
The base flood depths in these zones range from 1 to 3 feet above ground where
a clearly defined channel does not exist, or where the path of flooding is
unpredictable and where velocity flow may be evident. Such flooding is usually
characterized as sheet flow. In these areas, the following provisions apply:
i. New construction and substantial improvements of residential
structures and manufactured homes within AO zones shall have the
lowest floor (including basement) elevated above the highest adjacent
grade to the structure, one foot or more above the depth number
specified in feet on the community's FIRM (at least three feet above
the highest adjacent grade to the structure if no depth number is
specified).
ii. New construction and substantial improvements of nonresidential
structures within AO zones shall either:
(a) Have the lowest floor (including basement) elevated above the
highest adjacent grade of the building site, one foot or more above
the depth number specified on the FIRM (at least three feet if no
depth number is specified); or
(b) Together with attendant utility and sanitary facilities, be completely
flood proofed to or above that level so that any space below that
level is watertight with walls substantially impermeable to the
passage of water and with structural components having the
capability of resisting hydrostatic and hydrodynamic loads and
effects of buoyancy. If this method is used, compliance shall be
certified by a registered professional engineer or architect.
iii. Require adequate drainage paths around structures on slopes to
guide floodwaters around and away from proposed structures.
iv. Recreational vehicles placed on sites within AO Zones on the
community's FIRM either:
(a) Be on the site for fewer than 180 consecutive days,
(b) Be fully licensed and ready for highway use, on its wheels or
jacking system, is attached to the site only by quick disconnect
type utilities and security devices, and has no permanently
attached additions.
21.30.070. Additional Requirements
1. In all storage areas designated on the FIRM, there shall be no net loss of flood
storage or infiltration capacity.
2. No development shall be allowed which removes flood storage volume unless an
equal volume of storage as defined by the pre-development ground surface and
the base flood elevation is provided in the immediate area of the proposed
development tocompensate for the volume of storage which is lost
(compensatory storage). Excavation below the ground water table shall not
constitute an equal volume of storage.
3. No obstruction shall be permitted in any storage area which restricts or
diminishes floodwater conveyance capacity or floodway characteristics.
21.30.075 Critical Facilities
Construction of new critical facilities shall be, to the extent possible, located outside the
13
limits of the Special Flood Hazard Area (SFHA) (100-year floodplain). Construction of
new critical facilities shall be permissible within the SFHA if no feasible alternative site is
available. Critical facilities constructed within the SFHA shall have the lowest floor
elevated three feet above BFE or to the height of the 500-year flood (Shaded Zone X),
whichever is higher. Access to and from the critical facility should also be protected to
the height utilized above. Flood-proofing and sealing measures must be taken to ensure
that toxic substances will not be displaced by or released into floodwaters. Access
routes elevated to or above the level of the base flood elevation shall be provided to all
critical facilities to the extent possible."
21.40 Critical Areas
WAC 365-195-410.requires that critical areas be designated and that regulations to
protect them be adopted. Critical areas include wetlands, areas of critical recharging
effect on aquifers used for potable water; fish and wildlife habitat conservation areas,
frequently flooded areas; and geologically hazardous areas.
21.40.010 Wetlands.
1. Wetland Classification & Rating
The following rating system, adapted from the State Department of Ecology publication,
Washington State Wetlands Rating System for Eastern Washington, as amended.
a. Category 1 Wetlands. Wetlands which meet at least one of the following criteria:
i. Documented habitat for endangered or threatened fish or animal species
or for potentially extirpated plant species recognized by state or federal
agencies;
ii. Wetlands which:
(a) Are equal to or greater than five acres in size; and
(b) Have three or more wetland classes; and
(c) Have an open water component at least one-half acre in area, or
comprising at least ten percent of the total area of the wetland.
iii. High quality, regionally rare wetland communities with irreplaceable
ecological functions which may include sphagnum bogs, fens and
forested wetlands occurring on organic soils.
b. Category 2 Wetlands. Wetlands which meet any of the following criteria, and
which are not Category 1 wetlands:
i. Wetlands containing documented habitat for sensitive plant, fish or animal
species listed by state or federal agencies of jurisdiction.
ii. Wetlands which:
i. Are equal to or greater than one acre in size; and
ii. Have forty percent to sixty percent open water in dispersed
patches; and
iii. Have two or more wetland vegetative classes (a vegetative class
must be at least one-half acre in size or comprise at least ten
percent of the entire wetland).
c. Category 3 Wetlands. Wetlands which are not Categories 1, 2, or 4 wetlands and
are vernal wetland systems found in low annual rainfall areas (less than eighteen
inches).
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d. Category 4 Wetlands. Wetlands which are not Category 1 or Category 2
wetlands and which:
i. Are equal to or less than one acre in size, hydrologically isolated; and
include one vegetated class and more than ninety percent of the anal
cover in any combination of Soft rush (Juncus effuses), Hard hack
(Spiraea douglasii) or Cattail (Typha latifolia); or
ii. Are less than two acres, hydrologically isolated, with one vegetated class
and more than ninety percent of anal cover is any combination of species
from the list in Table 7 of Washington State Wetlands Rating System for
Eastern Washington.
2. Wetland Buffer Areas
a. Wetland buffer areas shall be required for all regulated uses and activities
adjacent to wetlands. Any wetland created, restored or enhanced as
compensation for approved wetland alterations shall also include the standard
buffer required for the category of the created, restored, or enhanced wetland. All
buffers shall be measured from the wetland boundary as determined in the field.
The minimum width of the wetland buffer area shall be determined by the
classification as follows:
Wetland Minimum Buffer
Category Area(in feet)
1 200
2 150
3 75
4 25
b. Additional buffer area width may be required by the Director if:
i. The wetland includes a plant or animal species listed by the federal
government or the state as endangered, threatened, candidate, sensitive,
monitored or documented priority species or habitats, or essential or
outstanding habitat for those species or has unusual nesting or resting
sites such as heron rookeries or raptor nesting trees; or
ii. The adjacent land is susceptible to severe erosion and erosion control
measures will not effectively prevent adverse wetland impacts; or
iii. The adjacent land has minimal vegetative cover or slopes greater than
thirty percent.
c. Reduction of Standard Wetland Buffer Area Width. The standard wetland buffer
area width may be reduced on a case-by-case basis by the director if:
i. The adjacent land has a high quality vegetative buffer, has less than
fifteen percent slopes, and no direct or indirect, short-term or long-term,
adverse impacts to wetlands will result from a regulated activity. Long-
term monitoring of the project and subsequent corrective actions may be
required if adverse impacts to wetlands are discovered; or
ii. The project includes a buffer enhancement plan that improves the
functional attributes of the buffer. An enhanced buffer shall not result in
greater than a twenty-five percent reduction in the buffer width or be less
than twenty-five feet.
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d. Standard Buffer Width Averaging. Standard wetland buffer areas may be
modified by averaging buffer widths or a combination of averaging and reduction
if:
i. Averaging will provide the necessary biological, chemical and physical
support necessary to protect the wetland; and
ii. The wetland contains variations in sensitivity due to existing physical
characteristics which justify the averaging; and
iii. The land uses causing the least disturbance would be located adjacent to
areas where the buffer width is reduced, and that such land uses are
guaranteed in perpetuity by covenant, deed restriction, easement, or
other legally binding mechanism;
iv. The total area contained within the wetland buffer after averaging is no
less than that contained within the standard buffer prior to averaging. In
no instance shall the buffer width be reduced by more than fifty percent of
the standard buffer or be less than twenty-five feet:
e. Wetland Buffer Maintenance. Except as otherwise specified, wetland buffer areas
shall be retained in their natural condition. Where buffer disturbances have
occurred before or during construction, re-vegetation with native vegetation shall
be required.
3. Wetland Mitigation & Restoration. Any wetland lost or degraded as a result of
human activity shall require an approved Wetland Mitigation Plan, prepared by a
qualified ecologist and approved by the Washington Department of Ecology,
including one or more of the following measures:
a. Wetland acreage replacement according to the following:
Impacted Wetland Wetland Replacement Ratios
Category 1 1:6
Category 2 or 3
Forested 1:3
Scrub-shrub 1:3
Emergent 1:1.5
Category 4 1:1.25
b. Wetland enhancement on-site in lieu of replacement for wetland categories 2, 3
and 4, provided that:
i. Replacement ratio is not less than 1:1; and
ii. Enhancement results in an improved wetland classification
c. Wetland enhancement off-site if:
iii. The hydrology and ecosystem of the original wetland and those who
benefit from the hydrology and ecosystem will not be substantially
damaged by the loss within that primary drainage basin; and
iv. On-site mitigation is not scientifically feasible due to problems with
hydrology, soils, or other factors such as other potentially adverse
impacts from surrounding land uses; or
v. Existing functional values off-site are significantly greater than lost
wetland functional values; or
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vi. Established goals for flood storage, flood conveyance, habitat or other
wetland functions have been established and strongly justify off-site
location of mitigation measures.
4. Permits Required. A permit shall be required for all development which affects
wetlands or, wetland buffers. The permit shall specify:
a. The timing and conditions of mitigation, restoration or enhancement;
b. Requirements for title notice, conservation easements or plat dedication;
c. Access limitations and fencing, if required;
d. Temporary and permanent signage; and
e. Requirements for staking of wetland and buffers prior to development.
21.40.020 Fish and Wildlife Habitat Conservation Areas.
1. Priority Habitats. Priority habitats within Spokane Valley are illustrated in the 2006-
2026 Comprehensive Plan, as it may be amended from time to time, and include
wetlands, riparian, urban open space, and the habitat of native species, as defined in
Appendix "A" illustrated in the Spokane Valley Comprehensive Plan. The status of
individual species is included in the Washington Department of Fish and Wildlife
Management Recommendations for Priority Species and in WAC 232.12. Where
differences in regulations exist as a result of overlapping priority habitat, the regulation
providing the highest degree of protection shall apply.
2. Wetlands are located on hydric soils, support hydrophytic vegetation and are
saturated with water during some portion of the growing season.
3. Riparian fish and wildlife management zones are established pursuant to the
classification of streams, lakes and other water bodies by the Washington
Department of Natural Resources as follows:
a. "Type S Water" means all waters, within their bankfull width, as
inventoried as "shorelines of the state" under chapter RCW 90.58 and the
rules promulgated pursuant to chapter RCW 90.58 including periodically
inundated areas of their associated wetlands.
b. "Type F Water" means segments of natural waters other than Type S
Waters, which are within the bankfull widths of defined channels and
periodically inundated areas of their associated wetlands, or within lakes,
ponds, or impoundments having a surface area of 0.5 acre or greater at.
seasonal low water and which in any case contain fish habitat or are
described by one of the following four categories:
i. Waters, which are diverted for domestic use by more than 10
residential or camping units or by a public accommodation facility
licensed to serve more than 10 persons, where such diversion is
determined by the department to be a valid appropriation of water and
the only practical water source for such users. Such waters shall be
considered to be Type F Water upstream from the point of such
diversion for 1,500 feet or until the drainage area is reduced by 50
percent, whichever is less;
ii. Waters, which are diverted for use by federal, state, tribal or private
fish hatcheries. Such waters shall be considered Type F Water
upstream from the point of diversion for 1,500 feet, including
tributaries if highly significant for protection of downstream water
quality. The department may allow additional harvest beyond the
17
requirements of Type F Water designation provided the department
determines after a landowner-requested on-site assessment by the
department of fish and wildlife, department of ecology, the affected
tribes and interested parties that:
(a) The management practices proposed by the landowner will
adequately protect water quality for the fish hatchery; and
(b) Such additional harvest meets the requirements of the water type
designation that would apply in the absence of the hatchery;
iii. Waters, which are within a federal, state, local, or private campground
having more than 10 camping units: Provided, That the water shall not
be considered to enter a campground until it reaches the boundary of
the park lands available for public use and comes within 100 feet of a
camping unit, trail or other park improvement;
iv. Riverine ponds, wall-based channels, and other channel features that
are used by fish for off-channel habitat. These areas are critical to the
maintenance of optimum survival of fish. This habitat shall be
identified based on the following criteria:
(a) The site must be connected to a fish habitat stream and
accessible during some period of the year; and
(b) The off-channel water must be accessible to fish.
a. "Type Np Water" means all segments of natural waters within the bankfull
width of defined channels that are perennial non-fish habitat streams.
Perennial streams are waters that do not go dry any time of a year of normal
rainfall. However, for the purpose of water typing, Type Np Waters include
the intermittent dry portions of the perennial channel below the uppermost
point of perennial flow. If the uppermost point of perennial flow cannot be
identified with simple, non-technical observations then Type Np Waters begin
at a point along the channel where the contributing basin area is:at least 300
acres.
b. "Type Ns Water" means all segments of natural waters within the bankfull
width of the defined channels that are not Type S, F, or Np Waters. These
are seasonal, non-fish habitat streams in which surface flow is not present for
at least some portion of a year of normal rainfall and are not located
downstream from any stream reach that is a Type Np Water. Ns Waters must
be physically connected by an above-ground channel system to Type S, F, or
Np Waters.
2. Riparian Management Zones (RMZs) include three zones (measured horizontally
in feet from the outer edge of the bankfull width or channel migration zone, whichever is
greater) established in the following tables 21-1 and 21-2 and zone regulations. Outer
zone requirements for S and F stream types are based on DNR Eastern Washington
100-year site index range summarized as follows:
Site Class 100-year site Index Range
I 120+
II 101-120
III 81-100
IV 61-80
V <_60
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Table 21-1 Riparian Management Zones for Streams less than 15 feet in width, bankfull
Site Class Core Zone Inner Zone Outer Zone Other Total width
Type S-Shorelines of the State
I 30' 45' 55 n/a 130
II 30' 45' 35 n/a 110
I '
Ill 30' 45' 15 n/a 90
IV 30' 45' 0 n/a 75
i t
V 30' 45' 0 n/a 75
Type F-Natural waters NOT classified as Shorelines of the State with fish
I 30' 45' 55 n/a 130
II 30' 45' 35 n/a 110
III 30' 45' 15 n/a 90
IV 30' 45' 0 n/a 75
V 30' 45' 0 n/a 75
All Type Np-Non-fish-perennial 50 50
All Type Ns—Non-fish Seasonal 301 30
Table 21-2 Riparian Management Zones for Streams greater than 15 feet in width, bankfull
Site Class Core Zone Inner Zone Outer Zone Other Total width
Type S-Shorelines of the State
I 30' 70 30 n/a 130
II 30' 70 10 n/a 110
III 30' 70 0 n/a 90
IV 30' 70 0 n/a 75
V 30' 70 0 n/a 75
Type F-Natural waters NOT classified as Shorelines of the State with fish
I 30' 70 30 n/a 130
II 30' 70 10 n/a 110
III 30' 70 0 n/a 100
IV 30' 70 0 n/a 100
V 30' 70 0 n/a 100
All Type Np-Non-fish-perennial 50 50
All Type Ns—Non-fish Seasonal 302 30
a. Core zones. The core zone extends 30 feet measured horizontally from the
edge of the bankfull width or outer edge of the CMZ, whichever is greater, for
all timber habitat types. No harvest or construction is allowed in the core zone
except as otherwise provided in WAC 222-30-020. Any trees cut for or
damaged by yarding corridors must be left on site. Any trees cut as a result of
road construction to cross a stream may be removed from the site unless
used as part of a large woody debris replacement strategy.
1
Equipment Limitation Zone
2 Equipment Limitation Zone
19
b. Inner zones. Width and leave tree requirements of the inner zone vary by
timber habitat type specified in WAC 222-30-020.
c. Outer zones. This zone has three categories based on timber habitat type:
Ponderosa pine, mixed conifer and high elevation. The width of this zone is 0
to 55 feet measured horizontally from the outer edge of the inner zone
depending on the site class and stream width.
2. The shade requirements in WAC 222-30-040 must be met regardless of harvest
opportunities provided in the inner zone RMZ rules.
3. An equipment limitation zone is a 30-foot wide zone measured horizontally from the
outer edge of bankfull width of a Type Np or Ns Water where equipment is limited. It
applies to all perennial and seasonal streams. On-site mitigation shall be required
where ground based equipment; skid trails or stream crossings other than existing
roads exposes the soil more than 10% of the surface area of the zone. Mitigation
must be designed to replace the equivalent of lost functions, especially prevention of
sediment delivery. Examples include water bars, grass seeding, mulching, etc.
4. Except as otherwise required to reduce flooding, riparian management zones (RMZ)
shall be retained or maintained in accordance with WAC 222-30.
5. None of the limitations on harvest in each of the three zones listed below will
preclude or limit the construction and maintenance of roads for the purpose of
crossing streams in accordance with WAC 222-24-030 and 222-24-050, or the
creation and use of yarding corridors in accordance with WAC 222-30-060(1).
Roads within riparian buffer areas shall be kept to a minimum and shall not run
parallel to the water body. Crossings where necessary, shall cross riparian areas at
as near right angles as possible. If no alternative exists to placement of a roadway
within a riparian area, mitigation may be required. Mitigation measures shall be
specified in a management plan and may include, but are not limited to:
a. Fencing of riparian buffer area to protect remaining vegetation; and
b. Enhancement of remaining riparian buffer area through planting of native
vegetation.
c. Water crossings must be approved by the Washington State Department of
Fish and Wildlife (WAC 75.20.100).
6. Proposed equestrian pedestrian/bike trails shall demonstrate though "Best Available
Science" that the location and width of the trail minimizes any adverse impacts on
habitat, and that measures to reduce effects during construction are implemented.
7. Off-road motorized vehicle use in riparian buffers areas is prohibited.
8. All development proposals shall follow the bald eagle protection rules (RCW
77.12.655 and WAC 232.12.292), as now or hereafter amended, when the proposal
is likely to have a direct impact on the habitat of the bald eagle.
21.40.021 Adjustment of Habitat Buffer Areas
1. Habitat buffer areas may be reduced by the Director up to a maximum of 25%10%
[POLICY ISSUE] if a riparian buffer area is enhanced using native plants including
trees and shrubs according to a plan prepared in consultation with the Spokane
County Soil Conservation District and the Washington State Department of Fish and
Wildlife.
2. Habitat buffer areas may be modified by the Director if averaging will provide the
necessary biological, chemical and physical support necessary to protect the fish
and wildlife; and
20
a. The riparian area contains variations in sensitivity due to existing physical
characteristics which justify the averaging; or
b. The land uses causing the least disturbance would be located adjacent to
areas where the buffer width is reduced and that such land uses are
guaranteed in perpetuity by covenant, deed restriction, easement or other
legally binding mechanism; and
c. The total area contained within the buffer after averaging is no less than that
contained within the standard buffer prior to averaging.
3. Habitat buffer areas may be increased by the Director up to a maximum of 25% if:
a. The land adjacent to the water is susceptible to severe erosion and other
erosion control measures will not prevent adverse impacts.
b. The land adjacent to the water has minimal vegetative cover or slopes
greater than thirty percent.
4. This provision does not diminish the 200 foot buffer requirement applicable to
Shorelines of Statewide Significance.
5. Habitat Management Plan Required.
A Habitat Management Plan shall be certified by a qualified biologist, reviewed by
the Washington Department of Fish &Wildlife and approved in writing by the
Director. The Plan shall include:
a. A description of the nature, density and intensity of the proposed use or
activity in sufficient detail to allow analysis of such land use change upon
identified wildlife habitat.
b. An analysis of the effect of the proposed use or activity upon fish and
wildlife species and their habitats, identified within the priority habitat and
species program.
c. A plan which explains how the applicant will avoid, minimize or mitigate
adverse impacts to fish and/or wildlife habitats created by the proposed
use or activity.
d. Habitat management recommendations, including potential uses and
restrictions of the habitat areas, seasonally sensitive areas and other
guidelines necessary for the protection of the species;
e. Proposed provisions for ensuring continued protection of habitat and
habitat buffer areas.
f. Conditions established by an approved Habitat Management Plan shall
be included as a condition of approval for a permit.
21.40.030 Geologically Hazardous Areas.
1. Geologically hazardous areas include both erosion and landslide hazard areas
where one or more of the following exist:
a. A slope of thirty percent or greater;
b. Soils identified by Natural Resource Conservation Service as having a severe
potential for erosion (see Section 11.20.090(h)Appendix H);
c. Hydraulic factors such as existing on-site surface and groundwater or changes in
hydraulic factors, caused by proposals that create a severe potential for erosion
or landslide hazard;
21
d. Areas that historically have been prone to landslide (areas adjacent to lakes,
streams, springs) or any one of the following geologic formations: alluvium,
landslide deposit, Latah formation;
e. Areas of uncompacted fill;
f. Areas that are unstable as a result of rapid stream or stream bank erosion.
2. Geo-Hazard Evaluation & Mitigation Plan Required.
a. A geo-hazard mitigation plan, prepared by a qualified geo-technical engineer
shall be prepared for building permits, road construction, utilities and storm
drainage facility installations within a geo-hazard area shall be submitted with
any application for preliminary plats, short plats, planned development projects,
binding site plans; zone reclassifications, conditional use permits, variances,
manufactured home park site plans or top soil removal permits located in
geologic hazard areas.
b. The geo-hazard evaluation shall document the extent and nature of geo-hazard
on the subject property and shall provide mitigating measures and an
assessment of geo-hazards associated with the proposal.
c. A geo-hazard mitigation plan may be required at the time of building permit
application or actual construction approvals.
21.40.040 Critical Aquifer Recharge Areas.
1. Classification of Aquifer Susceptibility. Critical aquifer recharge areas have
prevailing geologic conditions associated with infiltration rates that create a high
potential for contamination of ground water resources or contribute significantly to
the replenishment of ground water.
a. Aquifer recharge areas are rated as having a high, moderate, or low susceptibility
based on a scientific analysis of soils, hydraulic conductivity (the ease with which
water moves between the surface and aquifers), annual rainfall, the depth to
aquifers, the importance of the material between soils and aquifers (Vadose
zone), and wellhead protection information. The Aquifer Susceptibility Map
identifies these areas within Spokane Valley.
b. Designated wellhead protection areas and areas within a one thousand-foot
radius of wells without reported plans, are additionally treated as high-
susceptibility areas. As wellhead protection plans are completed for wells, the
one thousand-foot radius placeholder will be replaced by the Washington State
Department of Health-certified wellhead protection area.
c. Regulated Uses. The following uses and activities are subject to approval.
22
Uses and Activities regulated in Critical Susceptibility Susceptibility Susceptibility
Aquifer Recharge Areas Rating High Rating Medium Rating Low
Bio-solids land application 4,
Critical Material storage, handling, Q+ OO+ ®000 *
generating or use
Dairy 4,*
Feed lot
i
Feed mill
Floriculture/horticulture , 4
Grazing/cultivation
Greenhouse/nursery-commercial
Large Animal raising and/or keeping 4, 4
Orchard/tree farm 4 4
Poultry-raising,commercial 4, �.
Truck gardeningNineyard .f, .�
•=Permitted without review _=Not permitted *=Hydro-geologic Study required.
4=Agricultural practices not accessory to a residential use that impact critical aquifer recharge areas shall be
mitigated by having a conservation plan prepared and the subject property shall be required to comply with
approved land management and/or conservation practices that protect groundwater,as set forth in the United
States Department of Agriculture Natural Resource Conservation Service(NRCS)Technical Guides,and all
local state and federal regulations and their amendments governing agricultural practices.
❖ Critical Materials Storage, Handling,Generating or Use requires:
1. All facilities related to the use of critical materials shall be designed so that:
a. Any spilled or leaked critical materials are contained on site;
b. Any spilled or leaked critical materials cannot infiltrate into the ground;and
c. No disposal of any waste containing critical materials shall be allowed on site.
2. Stormwater facilities shall be designed so that:
a. Mingling of stormwater and spilled critical materials is prevented;and
b. Spill cleanup procedures are enhanced.
3. Underground storage tanks used for containing critical material in accordance with
a. Surface or subsurface disposal of a critical material is prohibited.
l Public sewer services consistent with concurrency requirements set forth in the Spokane County
comprehensive plan and the Spokane County zoning code,or as amended,are required for all new
residential and nonresidential uses.
1. If a parcel lies within two or more susceptibility rating designations, the higher
susceptibility rating designation shall apply to the whole parcel.
2. When there are low susceptibility areas hydrologically connected to medium and
high- susceptibility areas, the regulations for medium or high susceptibility areas
apply.
3. Development shall provide for the treatment of stormwater run-off from
impervious surfaces in a manner consistent with Spokane Valley requirements
and the Stormwater Management Manual for Eastern Washington.
4. Enforcement procedures for violations of this chapter shall be in conformance
with SVUDC 17.60.
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