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ORD 15-001ORDINANCE NO. 15-001 AN ORDINANCE amending Chapter 16.53 of the Camas Municipal Code. The Council of the City of Camas do ordain as follows: Section I Camas Municipal Code Section 16.53.020 is hereby amended to provide as follows: 16.53.020 Rating system. A Designating Wetlands. Wetlands are those areas, designated in accordance with the approved federal wetland delineation manual and applicable regional supplements, that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation adapted for life in saturated soil conditions. All areas within the city of Camas meeting the wetland designation criteria in the approved federal wetland delineation manual and applicable regional supplements, regardless of any formal identification, are hereby designated critical areas and are subject to the provisions of this title. B. Wetland Rating System. Wetlands shall be rated according to the Washington State Department of Ecology (Ecology) wetland rating system found in Washington State Wetland Rating System for Western Washington-2014 Update (Revised, Ecology Publication #14- 06-029, October 2014) or most current edition. The rating system document contains the definitions and methods for determining if the criteria below are met: 1. Wetland Rating Categories. a. Category I. Category I wetlands are those that meet one or more of the following criteria: i. Wetlands that are identified by scientists of the Washington Natural Heritage Program, Department of Natural Resources(DNR) as wetlands with high conservation value; ii. Bogs; iii. Mature and old growth forested wetlands larger than one acre; iv. Wetlands that perform many functions well, as indicated by scoring twenty- three points or more in the rating system. Category I wetlands represent a unique or rare wetland type, are more sensitive to disturbance than most wetlands, are relatively undisturbed and contain some ecological attributes that are impossible to replace within a human lifetime, or provide a very high level of functions. b. Category II. Category II wetlands are those with a moderately high level of function, as indicated by scoring between twenty and twenty-two points in the Ecology rating system. Category II wetlands are difficult, though not impossible, to replace, and provide high levels of some functions. These wetlands occur more commonly than Category I wetlands, but they still need a relatively high level of protection. Ordinance No. 15-001 Page-2 c. Category Ill. Category Ill wetlands are those with a moderate level of functions, as indicated by scoring between sixteen and nineteen points in the Ecology rating system. Generally, wetlands in this category have been disturbed in some way and are often less diverse or more isolated from other natural resources in the landscape than Category II wetlands. d. Category IV. Category IV wetlands have the lowest levels of functions and are often heavily disturbed. They are characterized by a score of fewer than sixteen points in the rating system. These are wetlands that should be replaceable, and in some cases may be improved. However, experience has shown that replacement cannot be guaranteed in any specific case. These wetlands may provide some important functions, and should be protected to some degree. 2. Date of Wetland Rating. Wetland rating categories shall be applied as the wetland exists on the date of adoption of the rating system by the local government, as the wetland naturally changes thereafter, or as the wetland changes in accordance with permitted activities. Wetland rating categories shall not change due to illegal modifications. Section II Camas Municipal Code Section 16.53.030(D)(1), (D)(2)(f), and (D)(2)(h) are hereby amended to provide as follows: 16.53.030 Critical area report-Additional requirements for wetlands. D. Wetland Delineation. 1. Methodology. The location of a wetland and its boundary shall be determined through the performance of a field investigation utilizing the methodology contained in the approved federal wetland delineation manual and applicable regional supplements. If a wetland is located off-site and is inaccessible, the best available information shall be used to determine the wetland boundary and category. 2. Information Requirements. Wetland boundaries shall be staked and flagged in the field and a delineation report shall be submitted to the department. The report shall include the following information: f. Discussion of methods and results with special emphasis on technique used from the approved federal wetland delineation manual and applicable regional supplements; h. All completed field data sheets per the approved federal wetland delineation manual and applicable regional supplements, numbered to correspond to each sample site. Section Ill Table 16.53.040-2-Buffers Required to Protect Habitat Functions in Category I and II Wetlands, set forth in Camas Municipal Code Section 16.53.040-Standards, is hereby amended to provide as follows: Ordinance No. 15-001 Page-3 Table 16.53.040-2 Buffers Required to Protect Habitat Functions in Category I and II Wetlands Habitat Score in the Rating Low Intensity Use I Moderate Intensity I High Intensity Use Form Use 3-4 points See Table 16:53.040-.1 SeEiJat>le 16;53. 040•1 ' SeeTable .. 16:53.040-1 5 70ft. I 1o5ft. I 140ft . 6 90 ••• . 135 '·180 .· . . 7 110 I 165 I 220 8 130 · .. . 195 .. ·.· . 260 ·. ·· . 9 150 I 225 I 3oo Section IV Table 16.53.040-3-Buffers Required to Protect Habitat Functions in Category Ill Wetlands, set forth in Camas Municipal Code Section 16.53.040-Standards, is hereby amended to provide as follows: Table 16.53.040-3 Buffers Required to Protect Habitat Functions in Category Ill Wetlands Habitat Score in the Rating Low Intensity Use Moderate Intensity High Intensity Use Form Use 34 points . See Tab I!'! 16.53.Q49• See Table 16:53.049-1 se.e,Japle.16. 5~.040.- .... . . i ,.r·· .. , ...... ·.• .. ".· <<' ..... ·· ...... · .......•........ · 1 .. · .. • 5 60ft. 90ft. 120ft. 6 ...... . · ... < .. ......•... •65'" ·. ·:: .... ; •. • ... ' 100· •· ..... , ...... :.·· ...... 1313 • .. .. •..... ·.·., . 7 75 110 150 sy· . ·• ... · ... 13b' ';; • •···· ·.• .. 19.5 .· ... · .... :260' ·• .. . <. ·' 9 150 225 300 Section V Camas Municipal Code Section 16.53.040(B)(4)(b)(ii)-Standards, is hereby amended to provide as follows; 4. Adjusted Buffer Width. b. Functionally Isolated Buffer Areas. Areas which are functionally separated from a wetland and do not protect the wetland from adverse impacts shall be treated as follows; ii. Distinct portions of wetlands with reduced habitat functions that are components of wetlands with an overall habitat rating score greater than five points shall not be subject to the habitat function buffers designated in Tables 16.53.040-2 and 16.53 040-3 if all of the following criteria are met: Section VI Camas Municipal Code Section 16.53.050(C)(3)-Wetland Permits (first paragraph), is hereby Ordinance No. 15-001 Page-4 amended to provide as follows: 3. Stormwater Facilities. Stormwater facilities are only allowed in buffers of wetlands with low habitat function (three or four points on the habitat section of the rating system form); provided, the facilities shall be built on the outer edge of the buffer and not degrade the existing buffer function , and are designed to blend with the natural landscape. Unless determined otherwise by the responsible official , the following activities shall be considered to degrade a wetland buffer when they are associated with the construction of a stormwater facility: Section VII Table 16.53.050-2-Wetland Preservation Ratios for Categories I and II Wetlands (In Area), as set forth in Camas Municipal Code Section 16.53.050(D)(4)(b)(v), is hereby amended to provide as follows: Table 16.53.050-2 Wetland Preservation Ratios for Categories I and II Wetlands (In Area) Habitat Function of Wetland to be Replaced Low (3-4 points) Moderate (5 -7 points) High (8 -9 points) In Addit ion to Standard Mitigation Full and Reduced and/or Function ing Buffer Degraded Buffer 10:1 14 :1 13:1 17 :1 16:1 20 :1 Section VIII As the Only Means of Mitigation Full and Reduced and/or Functioning Buffer Degraded Buffer 20:1 30 :1 30 :1 40 :1 40:1 50 :1 Camas Municipal Code Section 16.53.050(D)(5) is hereby amended to provide as follows: 5. Alternate Wetland Mitigation. a. Wetland Mitigation Banks. i. Credits from a wetland mitigation bank may be approved for use as compensation for unavoidable impacts to wetlands when: (A) The bank is certified under state rules; (B) The Administrator determines that the wetland mitigation bank provides appropriate compensation for the authorized impacts; and (C) The proposed use of credits is consistent with the terms and conditions of the certified bank instrument. ii. Replacement ratios for projects using bank credits shall be consistent with replacement ratios specified in the certified bank instrument. iii. Credits from a certified wetland mitigation bank may be used to compensate for impacts located within the service area specified in the certified bank instrument. In some cases , the service area of the bank may include portions of more than one adjacent drainage basin for specific wetland functions . b. In-Lieu Fee. To aid in the implementation of off-site mitigation , the City may develop Ordinance No. 15-001 Page-5 an in-lieu fee program. This program shall be developed and approved through a public process and be consistent with federal rules, state policy on in-lieu fee mitigation, and state water quality regulations. An approved in-lieu-fee program sells compensatory mitigation credits to permittees whose obligation to provide compensatory mitigation is then transferred to the in-lieu program sponsor, a governmental or non-profit natural resource management entity. Credits from an approved in-lieu-fee program may be used when paragraphs 1-6 below apply: i. The approval authority determines that it would provide environmentally appropriate compensation for the proposed impacts. ii. The mitigation will occur on a site identified using the site selection and prioritization process in the approved in-lieu-fee program instrument. iii. The proposed use of credits is consistent with the terms and conditions of the approved in-lieu-fee program instrument. iv. Land acquisition and initial physical and biological improvements of the mitigation site must be completed within three years of the credit sale. v. Projects using in-lieu-fee credits shall have debits associated with the proposed impacts calculated by the applicant's qualified wetland scientist using the method consistent with the credit assessment method specified in the approved instrument for the in-lieu-fee program. vi. Credits from an approved in-lieu-fee program may be used to compensate for impacts located within the service area specified in the approved in-lieu-fee instrument. c. Compensatory mitigation credits may be issued for unavoidable impacts in the following cases: i. Residential building permits where on-site enhancement and/or preservation is not adequate to meet the requirements of subsection (D)(4) of this section; ii. Approved reasonable use exceptions where sufficient on-site wetland and wetland buffer mitigation is not practical; iii. Small impacts affecting less than 0.10 acre of wetland where on-site enhancement and/or preservation is not adequate to meet the requirements of subsection (D)(4) of this section; or iv. As an additional mitigation measure when all other mitigation options have been applied to the greatest extent practicable. Section IX Camas Municipal Code Section 16.53.050(0)(6) is hereby amended to provide as follows: 6. Stormwater Facilities. Stormwater facilities are allowed in wetlands with habitat scores of three or four on the rating form, in compliance with the following requirements: a. Stormwater detention and retention necessary to maintain wetland hydrology is authorized; provided, that the responsible official finds that wetland functions will not be degraded; and b. Stormwater runoff is treated for water quality in accordance with the requirements of Section 17.19.040(C)(3) prior to discharge into the wetland. Ordinance No. 15-001 Section X This Ordinance shall take force and be in effect five (5) days from and after its publication according to law. PASSED BY the Council and APPROVED by the Mayor this da of January, 2015. APPROVED as to form: ~L!1;~k-- City Attorney SIGNED: _ _,.;__....:::L---:c-:------- Mayor ATTEST: 9~ ~~ Clerk Page-6