ORD 2504ORDINANCE NO. 75 0 ;
AN ORDINANCE annexing real property to
the City of Camas.
THE COUNCIL OF THE CITY OF CAMAS DO ORDAIN AS FOLLOWS:
Section I
The Council of the City of Camas finds that the following steps have been taken with respect
to annexation of the hereinafter described unincorporated area to the City of Camas:
A. On August 9, 2007, a Notice ofIntention to petition for annexation of the subject real
property by the direct petition method provided for in Chapter 35A.14, Revised Code of Washington,
was filed with the City of Camas.
B. The City Council of the City of Camas set September 4,2007 as the time for a meeting
with the annexation proponents to determine whether the City would accept, reject, or geographically
modify the proposed annexation, and whether it would require the simultaneous adoption of a
proposed zoning regulation, and whether it would require the assumption of existing indebtedness.
C. On September 4,2007, the City Council conducted a meeting at which it modified the
geographical boundaries of the proposed annexation, required the assumption of all existing
indebtedness, and required the adoption of a proposed zoning regulation.
D. On December 7,2007, the City received a petition for annexation signed by the owners of
not less than sixty percent (60%) in value, according to the assessed valuation for general taxation of
the property proposed to be annexed.
E. On January 1,2008, the City Council conducted a public hearing to consider the
annexation proposal and the adoption of a proposed zoning regulation.
F. The City and the Developers of the real property agreement have also entered into a Pre-
Annexation Development Agreement that adopts standards for development of the property, provides
for vesting of standards, and provides for the zoning of the property. A hearing is scheduled to be
held on the approval of the Development Agreement for January 7,2008.
G. The City has also considered the zoning of the property at prior hearings before the
Planning Commission and before the City Council.
Section II
Pursuant to the direct petition method provided for in Chapter 35A.14 Revised Code of
Washington, the real property described in Exhibit "A", attached hereto and by this reference
incorporated herein, being a portion of Clark County not heretofore incorporated as a city or town,
Ordinance No. Page - 2
and further being within the urban growth area for the City of Camas, is hereby annexed to the City of
Camas and made a part thereof.
Section III
All property within the area hereby annexed shall be assessed and taxed to pay for the
outstanding general obligation indebtedness of the City of Camas existing as of the effective date of
said annexation.
Section IV
The real property hereby annexed to the City of Camas is zoned in accordance with Exhibit
"B", attached hereto and by this reference incorporated herein. The City Community Development
Director is hereby authorized and instructed to alter the district boundary lines of "The Map(s) of the
Zoning Ordinance of the City of Camas," established pursuant to Chapter 18.16 of the Camas
Municipal Code, to include the property described in Section I hereof with the zoning classification as
set forth in Exhibit "B".
Section V
The City Clerk is hereby directed to file with the Board of Clark County Commissioners of
Clark County, Washington, a certified copy of this ordinance. The City Clerk is further directed to
file with the Office of Financial Management a certificate as required by RCW 35A.14.700 within
thirty (30) days of the effective date of this annexation. The City Clerk is further directed to take all
other steps and to inform all other agencies of said annexation as may be necessary and proper.
Section VI
This ordinance shall take force and be in effect five (5) days from and after its publication
according to law. The annexation of the aforedescribed real property shall be effective as of the
effective date of this ordinance.
PASSED by the Council and APPROVED by the Mayor this 71J-Ciay of January, 2008.
SIGNED: __ ' _?_Q_~---=-l __ \ ____ _
Mayor
ATTEST:~ fV'.-~ '"-
Clerk
,
Receipt: 87972
Product
AGR
Name
AGREEMENT
Clark County, Washington
Auditor's Office
Quantity
1
Document # 4411832, Phone Number 360-607-4035
Thank You
Fri Jan 1115:57:17 PST 2008 by LGG
Unit Price
$233.00
Extended
$233.00
Total $233.00
Tender (Cash) $240.00
Change (Cash) ($7.00)
EXHIBIT A TO PRE-ANNEXATION DEVELOPMENT AGREEMENT
HAGEDORN INC.
SURVEYORS AND ENGINEERS
1924 Broadway, Suite B. Vancouver, WA 98663 • (360) 696-4428 • (866) 696-4428 • Fax: (360) 694-8934 • www.hagedornse.com
January 7, 2008
PARCEL NO 177489 AND 126043:
That portion of the following described parcel of land located in the Southwest quarter
of Section 32, Township 2 North, Range 3 East, Willamette Meridian, and the Northwest
quarter of Section 5, Township 1 North, Range 3 East, Willamette Meridian, Clark
County, Washington, lying Easterly of the centerline of a creek running in a
Southwesterly direction:
BEGINNING at a point in the center of County Road, that is 17.65 chains
North and 4.66 chains East of the Southwest corner of said Section 32;
thence South along the West line of that certain tract of land conveyed to
Lloyd V. Eiford et UX, by deed, recorded under Auditor's File No. G
137919, records of Clark County, Washington, parallel with the West line
of said Section 32 and Section 5, for a distance of 37.60 chains to the
Southwest corner thereof said point being the South line of the Northwest
quarter of the Northwest quarter of said Section 5; thence East along said
South line, for a distance of 15.29 chains to the Southeast corner of said
"Eiford tract", said point being the Southeast corner of the Northwest
quarter of the Northwest quarter of said Section 5; thence North along
the East line of said "Eiford tract", for a distance of 35.10 chains to the
center of said County Road; thence North 72° 56' West, along the center
of said County Road and the North line of said "Eiford tract", for a
distance of 7.61 chains; thence continuing along said North line, North
82° OS' West, for a distance of 2.86 chains; thence continuing along said
North line, North 89° 08' West, for a distance of 5.19 chains to the POINT
OF BEGINNING.
EXCEPT County Roads.
LO-2008\Eiford-Parcel I.rds
07-247
ENGINEERING PLANNING
FORESTRY
13910 S.W. Galbreath Dr., Suite 100
Sherwood, Oregon 97140
Phone: (503) 925-8799
Fax: (503) 925-8969
Legal DescriptIOn
LANDSCAPE ARCHITECTURE
SURVEYING
Offices Located In:
SHERWOOD, OREGON
REDMOND, OREGON
VANCOUVER, WASHINGTON
www.aks-eng.com
A portion ofthe Eiford Tract described in Auditor's File No. 3181188 Exhibit D located in Section 5,
Township 1 North, Range 3 East, Willamette Meridian, Clark County, Washington and being more
particularly described as follows:
Begilming at the Northeast Section comer of Section 5, thence along the north line of said Section 5
North 88°42'49" West 2835.08 feet to the True Point of Beginning; thence along the west line of
Auditor's File No. 3779583 and 9103010003 South 00°48'11" West 450.00 feet to the southwest
comer of Auditor's File No. 9103010003; thence along the south line of Auditor's File No.
9103010003 South 88°42'49" East 300.00 feet to the southeast comer thereof; thence along the west
line of said Auditor's File No. South 00°48'11" West 255.00 feet to the southwest comer thereof;
thence South 58°30'26" West 1694.35 feet to the southeast comer of Lot 16 of "Awbrey Glen At
Fisher's Landing"; thence along the east line of said plat and the east line of Exhibit C of the Eiford
Tract described in Auditor's File No. 3181188 North 01 °09'06" East 1622.30 feet to the north line of
said Section 5; thence along said north line South 88°42' 49" East 932.41 feet to a point on the west line
of Auditor's File No. 4231425; thence along the west line of said Auditor's File No. and Auditor's File
No. 376166 South 00°48' 11" West 450.00 feet to the southwest comer of Auditor's File No. 376166;
thence along the south line of said Auditor's File No. South 88°42'49" East 150.00 feet to the southeast
comer of said Auditor's File No.; thence along the east line of said Auditor's File No. and Auditor's
File No. 4231425 North 00°48'11" East 450.00 feet to the north line of said Section 5; thence along
said north line South 88°42'49" East 40.00 feet to the True Point of Beginning.
The above described tract ofland contains 33.43 acres, more or less.
MAP OF LEGAL DESCRIPTION
A PORTION OF EXHIBIT D OF THE ElFORD TRACT
DESCRIBED IN AUDITORS FILE NO. 3181188 OF SECTION
5, T1 N, R3E, W.M. CLARK COUNTY, WASHINGTON
TRUE POINT
OF BEGINNING
S88'42'49"E 40.00'
TAX LOT 7
SERIAl NO. 126248-000
A.F. NO. 4231425
S88'42'49"E ~
932.41' := g
TAX LOT 10
SER~ NO. 126251-000
A.F. NO. 376166
~c:i b~ o
C/)
TAX LOT 6
SERIAl NO, 126247-000
A.F, NO. 3779583
TAX LOT 8
SERIAL NO.
126249-000
32 33
A.F. NO. 8903060159
TAX LOT 9 TAX LOT 6
SER~ NO.
126043-000
_""-"---1' .... ---,.-=--1 SERIAL NO. 126250-000
NOO'48'll HE 450.00' A.F. NO, 9103010003
ElFORD '0
EXHIBIT C ~
A.F. NO. 3181188 ~
33.43 ACRES
ElFORD
EXHIBIT 0
A.F, NO. 3181188
JOB NAME: ElFORD SEG.
JOB: 1958
DRW BY: MSK
NSW
1958BLA-l
POINT OF
BEGINNING
TAX LOT 4
SER~ NO.
126245-000
A.F. NO. 4289774
TAX LOT 12
SERIAL NO.
126253-000
A.F. NO. 4289775
ENGINEERING . PLANNING • SURVEYING • FORESTRY
LICENSED IN OR <% WA
12011 NE 99TH STREET.
SUITE 1530
VANCOUVER, WA 98682
PHONE: (360) 882-0419
FAX: (360) 882-0426
ENGINEERING PLANNING
FORESTRY
13910 S.W. Galbreath Dr., Suite 100
Sherwood, Oregon 97140
Phone: (503) 925-8799
Fax: (503) 925-8969
Legal Description
LANDSCAPE ARCHITECTURE
SURVEYING
Offices Located In:
SHERWOOD, OREGON
REDMOND, OREGON
VANCOUVER, WASHINGTON
www.aks-eng.com
A portion of the Eiford Tract described in Auditor's File No. 3181188 Exhibit D located in Section 5,
Township 1 North, Range 3 East, Willamette Meridian, Clark County, Washington and being more
particularly described as follows:
Beginning at the Northeast Section comer of Section 5, thence along the north line of said Section 5
North 88°42'49" West 2535.08 feet to a point; thence along the west line of Auditor's File No.
4289774 South 00°48' 11" West 705.00 feet to the True Point of Beginning; thence along the west line
of Auditor's File No. 4289775 South 00°48'11" West 1744.74 feet to a point; thence along a line
parallel to and 610 feet northerly of the John Knight Donation Land Claim (when measured at right
angles) North 88°42'49" West 1437.32 feet to a point on the east line of Tract 'A' of "Awbrey Glen At
Fisher's Landing"; thence along the east line of said Tract 'A' North 01 °09'06" East 827.36 feet to the
southeast comer of Lot 16 of said plat; thence North 58°30'26" East 1694.35 feet to the True Point of
Beginning.
The above described tract ofland contains 42.33 acres, more or less.
&A
MAP OF LEGAL DESCRIPTION
A PORTION OF EXHIBIT 0 OF THE ElFORD
TRACT DESCRIBED IN AUDITORS FILE NO.
3181188 OF SECTION 5, T1 N, R3E, W.M.
CLARK COUNTY, WASHINGTON TAX LOT 4
ElFORD
EXHIBIT 0
SERIAL NO.
126245-000
SKOLA, LLC.
AF. NO. 4289774
AF. NO. 3181188
'--20.00' ACCESS EASEMENT
in/ I"')
~I 00
~I ~ I ~ ~ : I 2:/
~
0
0 ...r
42.33
ACRES±
NBB' 42 1437.32
ElFORD
EXHIBIT 0
AF. NO. 3181188
SCALE 1" = 400 FEET
0
~o
-~ <:) 00 •
"<I-LO • 0 o r--o
U')
TAX LOT 12
;:: SERIAL NO.
~ 126253-000 "<I-
r--AJ. NO. 4289775
~
b o
U')
ElFORD SEG. ENGINEERING • PLANNING • SURVEYING • FORESTRY
1958
DRW BY: MSK
CKD BY: NSW
DWG 1958BLA-3
LICENSED IN OR & WA
12011 NE 99TH STREET,
SUITE 1530
VANCOUVER. WA 98682
PHONE: (360) 882-0419
FAX: (360) 882-0426
ENGINEERING PLANNING
FORESTRY
13 910 S. W. Galbreath Dr., Suite 100
Sherwood, Oregon 97140
Phone: (503) 925-8799
Fax: (503) 925-8969
Legal Description
LANDSCAPE ARCHITECTURE
SURVEYING
Offices Located In:
SHERWOOD, OREGON
REDMOND, OREGON
VANCOUVER, WASHINGTON
www.aks-eng.com
A portion of the Eiford Tract described in Auditor's File No. 3181188 Exhibit D located in Section 5,
Township I North, Range 3 East, Willamette Meridian, Clark County, Washington and being more
particularly described as follows:
Beginning at the Northeast Section comer of Section 5, thence along the north line of said Section 5
North 88°42'49" West 2535.08 feet to a point; thence along the west line of Auditor's File No.
4289775 and the northerly projection thereof South 00°48'11" West 2449.74 feet to the True Point of
Beginning; thence continuing along said west line South 00°48' 11" West 610.02 feet to a point on the
north line of the John Knight Donation Land Claim; thence along said north line North 88°42'49" West
1441.03 feet to a point on the northerly east line of Auditor's File No. 4018471; thence along said
northerly east line and the east line of Tract 'A' of "Awbrey Glen at Fisher's Landing" North
01 °09'06" East 610.00 feet to a point; thence along a line parallel to and 610 feet northerly of the John
Knight DLC line (when measured at right angles) South 88°42'49" East 1437.32 feet to the True Point
of Beginning.
The above described tract ofland contains 20.15 acres, more or less.
I'l .. -fir-O"]
MAP OF LEGAL DESCRIPTION
A PORTION OF EXHIBIT 0 OF THE ElFORD TRACT
DESCRIBED IN AUDITORS FILE NO. 3181188 OF SECTION
5, T1 N, R3E, W.M. CLARK COUN1Y, WASHINGTON
.PJ
(0-p8
0') •
• PS: ~ C;tc < 5 z: w~ ~cn esb:: r~ I
TAX LOT 4
SERIAl. NO.
126041-000
A.F. NO. 4018471
ElFORD
EXHIBIT 0
A.F. NO. 3181188
32 33
5E BYBEE RD. 5J 4
POINT OF
BEGINNING
588'42'49-E 1437.32' TRUE POINT
OF BEGINNING
20.15
ACRES
TAX LOT 12
~ . SERIAl. NO. := ~ 126253-000
~ ci A.F. NO. 4289775 btO a
(/')
N88' 42' 49"W 1441.03'
NORTH LINE OF
JOHN KNIGHT, OLC
·STONELEAF
CONDO·
TAX LOT 3,21
SERIAL NO.
125599-000
A.F. NO. 4150767
SCALE 1" = 400 FEET
JOB NAME: ElFORD SEG. ENGINEERING' PLANNING • SURVEYING • FORESTRY
JOB: 1958
DRW BY: M5K
CKD BY: NSW
DWG: 1958BLA-2
LICENSED W OR .% WA
12011 NE 99TH STREET,
SUITE 1530
VANCOUVER, WA 98682
PHONE: (360) 882-0419
.&.:;;.;;-=;;:;;;;;;;...;;;",;;.;=...., FAX: (360) 882-0426
HAGEDORN, INC.
GRASS VAllEY LLC TRACT, AKA LOT 1 SHORT PLAT 1-301:
That portion of Government Lot 3, lying in the Southeast quarter of the Southwest
quarter of Section 32, Township 2 North, Range 3 East, Willamette Meridian, Clark
County, Washington, described as follows:
BEGINNING at a brass disc marking the Southwest corner of Section 32,
Township 2 North, Range 3 East; thence South 88° 42' 55" East, along the
South line of Section 32 as shown in Book 9 of Surveys, page 116, records of
Clark County, for a distance of 1319.76 feet to the Southwest corner of
Government Lot 3; thence continuing South 88 0 42' 55" East, along said South
line, for a distance of 164.73 feet to the Southwest corner of Book 1 of Short
Plats, page 301, Clark County Auditor's Records; thence North 20° 02' 22" East,
along said West line, 587.74 feet to the Southwest corner of Lot 1 and the TRUE
POINT OF BEGINNING; thence continuing North 20° 02' 22" East, along said
West line of Short Plat 1-301 for a distance of 280.70 feet to the centerline of
S.E. Bybee Road; thence along the centerline of S.E. Bybee Road the following
courses; thence South 57° 14' 06" East, 93.09 feet; thence along the arc of a
201.00 foot radius curve to the right, through a central angle of 51 0 08' 20", for
an arc distance of 179.40 feet to the West line of "County Ridge" (H-263);
thence South 01 0 23' 09" West, along said West line, 161.13 feet to the
Southeast corner of Lot 1 of Short Plat 1-301; thence North 69° 57' 38" West,
278.51 feet to the TRUE POINT OF BEGINNING.
TOGETHER WITH and SUBJECT TO easements and restrictions of record.
Ld2005\Grass Valley LLC Tract Lot 1 SP l03-Lrds
04-121
HAGEDORN, INC.
SURVEYORS AND ENGINEERS
October 14, 2005
LEGAL DESCRIPTION
FOR
APe SUNRISE SUMMIT, LLC
That portion of Government Lot 31 lying in the Southeast quarter of the Southwest
quarter of Section 32, Township 2 North, Range 3 East, Willamette Meridian, Clark
County, Washington j described as follows:
BEGINNING at a brass disc marking the Southwest corner of Section 32,
Township 2 North j Range 3 East; thence South 88° 42' 55" East, along the
South line of Section 32 as shown in Book 9 of Surveys, page 116, records of
Clark County, for a distance of 1319.76 feet to the Southwest corner of
Government Lot 3; thence continuing South 88° 42' 55" East, along said South
line, for a distance of 164.73 feet to the Southwest corner of Lot 4 of that Short
Plat recorded in Book 1, page 301, Clark County Auditor's Records; thence North
20° 02' 22" East, along said West line, 392.74 feet to the Northwest corner of
Lot 4 and the TRUE POINT OF BEGINNING of the following described tract;
thence continuing North 20° 02' 22" East, along said West line of Short Plat 1-
301 for a distance of 195.00 feet to the Southwest corner of Lot 1 of Short Plat
1-301; thence South 69° 57' 38" East, 278.51 feet to the Southeast corner of
Lot 1 of Short Plat 1-301; thence South 01° 23' 09" West, 205.82 feet to the
Northeast corner of Lot 3 of Short Plat 1-301; thence North 69° 57' 38" West,
344.34 feet to the TRUE POINT OF BEGINNING.
EXCEPT County Roads (SE Bybee Road).
TOGETHER WITH and SUBJECT TO easements and restrictions of record.
ALSO TOGETHER WITH and SUBJECT TO a 60.00 foot private road easement as
described Auditor's File No. 780424005. :[?fi.. Jv. "\ "'l .~
Ld2005\APC Sunrise Summit, llC-Lot 2.rds
~ .'
o "\
\
4255232 D
ReeF •• -~3.e0 P~~e5: 2 -FIRST AMERICAN TITLE ~liiili1iflinlrlllllllllll~ III~ IliifiiaY:Z006 84:00
AFTER RECORDING MAIL TO:
APe Sunrise Summit LLC
16420 SE McGillivray Boulevard, Ste, #103-197
Vancouver, WA 98683
Filed for Record at Request of:
First American Title Insurance Companv
STATUTORY WARRANTY DEED
File No: 4283-938377 (OlB)
Grantor(s): Jerrold O. Campbell and Debra 1.S. campbell
Grantee(s): APC SUnrise Summit LLC
Abbreviated Legal: Lot 3, SHORT PLAT No. 432, Book 1, Page 432
Additional Legal on page:
Assessor's Tax Parcel No(s): 177451-010
Date: November 16, 2006
THE GRANTOR{S) Jerrold D. campbell and Debra J.B. Campbell, husband and wife for and in
consideration of Ten Dollars and other Good and valuable Consideration, In hand paid, conveys,
and warrants to APC Sunrise Summit LLC, the following described real estate, situated in the County
of Clark, State of Washington.
Lot 3 of SHORT PLAT No. 432, recorded in Book 1 of Short Plats, Page 432, lying within the
Southwest quarter of Section 32, Township 2 North, Range 3 East of the Willamette
Meridianl recorded November 17, 19781 under Auditor's File No. 7811170176, record of Clark
County, Washington.
Subject To: This conveyance is subject to covenants, conditions, restrictions and easements, if any,
affecting title, which may appear in the public record, including those shown on any recorded plat or
survey.
erroid o.campbell Debra J.B. Ca ell
Page 1 of2 LPB-IO 7/97
.. " \.
APN: 177451-010 StatulDry Warl'ilnty Deed
-continued
File No.: 4283·938377 (008)
Date: 11/16/2006
STATE OF Washington )
)-ss
COUNTY OF Clark )
I certify that I Joow or have satisfactory evidence that lerrold D. Campbell and Debra l.B.
Campb~ isf~ the person(s) who appeared before me, and sa~rson(s) acknowledged that
he/she,l(hey signed this instrument and acknowledged it to be his/her..@~irIITee and voluntary act for the
uses and pu~pases mentioned In "'~ Instrument. ,/_~
Dated: '''-/1/0& ~_~.d~
LORIS. RUGE
NOTARY PUBLIC
STATE OF WASHINGTON
COMMISSION EXPIRES
DECEMBER ~, 2009
-.~ ..
Page 2 0(2
. .--A
Notary Public in and for t~e ~te of Washington
Residing at: 721;A YJ-¥t e -l1
My appointment eXf>1r&:p_ /9;;;Y
LPB-l07/97
Clark Auditor Fri Dec 01 16:00:24 PST 20064255232 Page 2
')Ov-o::lo-v:n.L
11~III~D 1III ~1111111f11111~1 ~~ I ~~~1~~~
CUlRI( COUNTY 1111 .. £ CO 0 3~ U'15f20G5 84 :$lF &.0Q ehrk CQ .... ly, !;A
AFTER RECORDING MAIL TO:
Name APe Sunrise Summit LLC
Address 16420 SIE McGillivray Slvd
City. Stale, Zip Vancouver, WA 98683
By ________ .. _-.-:;....I...~"-_:_
Deputy
103250 CE
Statutory Warranty Deed
THE GRANTOR Jerome T. Jarrett aDiIl Stephallie M, Janett, husbalIld and wif~ for and in
consideration of Tell DoJlla" and other yaluable consideration in hand paid, conveys and warrants to APC
Stmri§e Summit LLC the following described real estate, situated in the County of CLARK, State (If
Washington:
Lot 1, COUNTRY RIDGE 1, according to tine plat thereof, recorded in Book "H" of plats. page 263,
re~ords of Clark COUIDlty, Washington.
SUBJECT TO covenants, c(lnditions, cestrictiolllS, reservations, easements and agreements of record, if any.
Assessor's Property Tax Parcel Account Numher(s): 11748ll-002,114007
Abbreviated Legal Description: Lot 1 of COUNTRY RIDGE 1
p.",::>,s'r
Dated this 5th day o~, 2005.
STATE OF W ASHINOTON
COUNTY OF clark
I certify that I know or have satisfactory evidence that Jerom~ T. Jarrett and Stephanie M. Jarrett are
the persons who appeared before me, and said persons acknowledged that they signed this instrument and
acknowledged it to be their free and volunnuJi act for the uses and purposes mentioned in this instrument.
Dated: lr -I 5-45 t.ta~_
Residing at /(vtc. 0--< V ,....,.
My appoinl!J1ent expires: ")'/]~ t 0/7
~ VisiCln F1Jm'\ SOOO1WA Re..-.10129196 LPB·IO
l-'age:L/4
\
H
SURVEYORSANDENGINEEl!(S
L,SGAl,I!):ES,CRIPTION
FOR
GRASS VALLEY HOLDJN!GS 'LJ.L:C
That po,rt;ion of the No,rtfleast quarter and the Soutrnea:stquarter of Sectior) Sf Towmship
1 North, Ran,ge.3 Eastr V,'~m~!iamette ~~leriidtan, CI~;r1( COiunt;/tWashingtoW't r described i.\;S
f01~!;OWS:
BEGINNING at the Nortneastcomer of that tract conveyed to· Fred Watson' by
d .,;.l -.I "," "" L ...... r' .. ~..,. I!"\ ,.;;t' 0",,4 .• j.. "'. -'"", 1::"" ',eey reC:OfueUm bOO;' .c.'(ltpage J..e::,.:j;, veeu' f\ecoru:Sfsat~ pOiinl. uang: ii .. :';i,j
chatnsW'est of the :NortJli1east ,:corn.erof sa1:id Sectton··.5 ;.thence South. ot;' lSllEastr
·1· ." th"E .. 'I"···· ... .Jt; ... "'0' ""t"'r~,*, ·t·,:,....wr ".tiC. ";!'"l;.,' f,,'.. ···.""t·· ·t·l;.,· ·1\1 .... · .. ·h alongnte ·ast ',mne OIS;¢Ui{l/.:a"~SOfl ''1"".;,( t'!Oii.,.),1i;) Cj,ja~l'lS ",'0 a pOhLon 'I'll:' l'ilOrtlt
lirleof the Joe:l: Knig.ht Donation tandOah1l,andthe TRUE POINT OFSEG:INNING
hereof;: .. th,ence!North. o~ 2,91' \i\fe;$~,a:iong .t~e' east line of. saitd 'lWatsontracf/,
1.p,fiLOi· feet; thence West" paraWi:el with me ·North line ··or said ,),oeIKnight
DCMlatiOtI Land· CliiiJ.htTIl ,5:96 Qna~ns to ·the· West fine of sai:d '¥'W,a;t$on 'tract'f;
thence SouthOC!2,9'East, aion,g said \NestUn.e 16:6l,07feettothe North line Qf
said Joe! Krdght.Donatlon Land·Clatm; thence iEast"Hongsaid North'Une, 5,,96
ch.a~ns the TRUE fO]:f;IT OfBEGlItN!Nlt\lG ..
SUBJECT TO easements and restrictions of record.
LJJ;;;ID{)tt'\ Qri:H,.l1 VaJl:ey TL 1:3.rUs
04·0£!(3·'\
SURVEYORS AND ENGINEERS
LEGAl DSSCRlP1"ION
FOR
GRASSYAt.tJ:Y HOLDINGS U.c~
That portion Qf the Soutbsst quarter SectionS" Township 1 North, Range ·3Ea.st1
vvmamette Meridian, Oty of Camast .Oark Goumyj Washlngton,de0r.11bedl ,as follows:
'SEGINNtNGat the N;oithaastc:omer of that tract conveyed to Fred Watson,
described in Deed Book 296, page 123 records of the' OarkCountyAtldltor,saicj:
polntbetng 1815.00 feet West of trlS N)orth_'it'mrnarof saId Se.,"1klrr5; thanm
SOuth tilt! 48*05"W,est" d,longthe ElstUrte Qifsalo 'Warson tra~,3J!!085,,92 feet
to a point on the. Nortil· Iioe'Of the '1~Joel KniigbtOmliitian Land ,aa~mf>f and the
TRUE PO!N.TOF SeGINNllNG. aftne fdUOWing 'Qescrlbed.partel; hnce
contll1uing.South OQ 48' 05f~ We$~ lUt41, feet to the Notth rJ.ght-<lf-~y Uoe Qf
M W.· ~, .. [4il ... D'~ rl!.~" .. 'i!¥".A-~l~'~"I~""'dQ'r·,· .... t-:;.t.· ~""""'~iA,.A~,""S fUIIi..r,;,,<!"'. I". i1! r\QfW!!..iJI1i.t N4i'iI}li ~t¥u· ~~.Y~lI~. ~\l'J .~ .\;.".UiU.J\. ~w";:~Jv.f ~~~. :_ ~ JW
8509()4{l209; 'thence South 5eo 22$ 49.ll' west. along' latf Northright"of,,'WI¥ Bne,
465,,'99feet;; 'thence North {i'o 48' aSH East/366.60 feet· to the :North ,bnedthe
Joel KnightOO'natlootand Ol;iim;,thenceSouth S9 Q 2ft 19" East, alongsamd
Nort11liru:;, 393.36feettotbe TRUE POINT Of BEGINNING. .
SUBJECT TO' easements and.retrldioO$ drecon:i.
ll/~l;<;""
~)t A .. ~ ~ l1.
SURVEYORS AND ENGINEERS
1924 Broadway, Suite B. Vancouver, WA 98663 " (360) 696-4428 ." (B66) 696-4428. Fax: (360) 694-8934 " www.hagedomse.com
December 3, 2007
LEGAL DESCRIPTION
FOR
GRASS VALLEY HOLDINGS, LL
PARCEL NO 126253-000:
.~
That portion of the West half of the Northeast quarter and the Northwest quarter of the
Southeast quarter of Section 5, Township 1 North, Range 3 East, Willamette Meridian,
Clark County, Washington, described as follows:
BEGINNING at a brass cap at the Northeast corner of Section 5, as shown in
Book 9 of Surveys, page 116, Clark County Auditor's Records; thence North 88°
42' 55" West, along the North line of the Northeast quarter of said Section 5, for
a distance of 1815.00 feet to the Northwest corner of Parcel #6 of the
"MacDonald tract", as described under Clark County Auditor's File No.
8803180033; thence South 0° 48' OS" West, along the West line of said
"MacDonald tract", for a distance of 325.00 feet to the TRUE POINT OF
BEGINNING of Parcel 2; thence South 63° 21' 30" West, 811.36 feet to the East
line of the "Elford tract", as described under Clark County Auditor's File No.
3182988; thence South 0° 48' 05" West, along the East line of said "Elford
tract", for~a distance of 2390.01 feet to the North line of the Joel Knight OLe;
thence South 88° 26'19"'East, along the North line of said Joel Knight DLC, for a
distance of 326.70 feet to the West line of the "Grass Valley HoldingsLLC tract",
as described under Auditor's File No. 3812272; thence North 0° 48' 05/1 East,
along said West line, for a distance of 1661.07 feet to the Northwest corner
thereof; thence South 89° 26' 19" East, 393.36 feet to the Northeast corner
, thereof and the West line of said "MacDonald tract'; thence North 0° 48' 05"
East, along said West line, for a distance of 1099.85 feet to the TRUE POINT OF
BEGINNING.
SUBJECT TO easements and restrictions of record.
LD-2007\ Skola-ParceI126253-000.rds
04-083-1
HAGED:ORN INC.
SURVEYORS AND ENGINEERS
1924 Broadway, Suite B • Vancouver, WA 98663 • (360) 696-4428 • (866) 696-4428 • Fax: (360) 694-8934 • www.hagedornse.com
PARCEL NO. 126245-000:
December 3,2007
LEGAL DESCRIPTION
FOR
SKOLA, LLC
That portion of the Northwest quarter of the Northeast quarter ownship 1
North, Range 3 East, Willamette Meridian, Clark County, Washington, described as
follows:
BEGINNING at a brass cap at the Northeast corner of Section 5, as shown in
Book 9 of Surveys, page 116, Clark County Auditor's Records; thence North 88°
42' 55" West, along the North line of the Northeast quarter of said Section 5, for
a distance of 1815.00 feet to the Northwest corner of Parcel #6 of the
\\~·1acDonald tract", as described under Clark County Auditor's File No.
8803180033 and the TRUE POINT OF BEGINNING of Parcell; thence South 0°
48' OS" West, along the West line of said "MacDonald tract", for a distance of
325.00 feet; thence South 63° 21' 30" West, 811.36 feet to the East line of the
"Elford tract", as described under Clark County Auditor's File No, 3182988;
thence North 0° 48' 05" East, along the East line of said "Elford tract" and the
East line of the "Doner and Scharpf tracts", as described under Clark County
Auditor's File No, 9407220157 and No. 8903060159, for a distance of 705.00 feet
to the North line of Section 5; thence South 88° 42' 55" East, along the North
line of said Section 5, for a distance of 720.08 feet to the TRUE POINT OF
BEGINNING.
SUBJECT TO easements and restrictions of record.
SUBJECT TO County Road (S.E. 20th Street).
LO-2007\ Skola-ParceI1-Exh F.rds
04-083-1
177451-005
Lot 2 of SHORT PLAT No. 432, recorded in Book 1 of Short Plats, Page 432, lying
within the Southwest quarter of Section 32, Township 2 North, Range 3 East of
Willamette Meridian, recorded November 17, 1978, under Auditor's File No.
7811170176, Records of Clark County, Washington.
177451-000
Lot 1 of SHORT PLATS, as recorded in Book 1 of Short Plats, at page 432, as described
under Auditor's File No. 7811170176 being a subdivision of a portion of Section 32,
Township 2 North, Range 3 East of the Willamette Meridian, Clark County, Washington.
126248-000
THAT PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER AND
THE EAST HALF OF THE NORTHWEST QUARTER OF THE GOVERNMENT
LOTS 3 AND 6 OF SECTIN 5, TOWHSHIP 1 NORTH, RANGE 3 EAST OF THE
WILLAMETTE MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING ON THE NORTH LINE OF SAID SECTION, 43.588 CHAINS WEST OF
THE NORTHEAST CORNER OF SAID SECTION 5; THENCE SOUTH 0°29' EAST
300 FEET; THENCE WEST 150 FEET ALONG A LINE PARALLEL TO SAID
SECTfN" LINE; THENCE NORTH 0°29' WEST 300 FEET TO THE POfNT ON SAID
SECTION LINE; THENCE EAST ALONG SAID SECTION LINE TO THE POINT OF
BEGINNING, EXCEPT PUBLIC ROADS.
SITUATED IN THE COUNTY OF CLARK., STATE OF WASHINGTON.
177437-010
Lot 3 of SHORT PLAT NO. 182, in Book 2 of Short Plats, Page 182, in Section 32,
Township 2 North, Range 3 East of the Willamette Meridian, recorded June 24, 1987,
under Auditor's File No. 8706240162, Records of Clark County, Washington.
177437-015
LOT 4 OF SHORT PLATS, RECORDED IN BOOK "2" OF SHORT PLATS, PAGE
182, RECORDS OF CLARK COUNTY, WASHINGTON.
177439-000
A parcel ofland in the Southwest quarter of Section 32, Township 2 North, Range 3 East
of the Willamette Meridian, Clark County, Washington, described as follows:
A portion of that certain tract ofland described in the deed recorded under Auditor's File
No. G 262307 on May 14, 1959, more particularly described below as follows:
BEGINNING at the Southwest corner of said G 262307, said point being the TRUE
POINT OF BEGINNING; thence North 88°55'44" East 163.08 feet along the South line
of said G 262307; thence North 18°55'36" East 865.24 feet, more or less, to the center
line of the county road know as Bybee Road; thence Northwest along said center line to
the West line qf said G 262307; thence South 0015'07"West 1 022.46 feet, more or less,
along said West line TO THE POINT OF BEGINNING.
EXCEPT that portion lying within Bybee Road.
MAP TO EXHIBIT A
EXHIBIT A PARCELS
o 1000 2000 3000 ft.
Information shown on this map was collected from several sources. Neither Clark County,
Washington, nor the producer of this document accept responsibility for any inaccuracies that
may be present.
Map center: 45 0 36' 15" N, 122 0 28' 3" W
Legend
Parcels
Roads
Alley
;V ArtErial
;V DNR
;V DNR (Private Land)
Driveway
,/'/ Interstate
"" Interstate Ramp
/<I' Primary Arterial
Private Roads
Private Roads wlo Names
// public Roads
"" SRRamp
,1/ Siale Roule
Waterbodies
City Boundaries
Urban Growth Boundaries
County Boundary
County Boundary
Scale: 1:10,000
EXHIBIT B TO PRE-ANNEXATION DEVELOPMENT AGREEMENT
H-AG,EDORN INC.
SURVEYORS AND ENGINEERS
1924 Broadway, Suite B. Vancouver, WA 98663 • (360) 696-4428 • (866) 696-4428 • Fax: ($60) 694-8934 • wWW.hagedomse.com
December 3,2007
LEGAL DESCRIPTION
FOR
GRASS VALLEY HOLDINGS, ..................
PARCEL NO 126253-000:
That portion of the West half of the Northeast quarter and the Northwest quarter of the
Southeast quarter of Section 5, Township 1 North, Range 3 East, Willamette Meridian,
Clark County, Washington, described as follows:
BEGINNING at a brass cap at the Northeast corner of Section 5, as shown in
Book 9 of Surveys, page 116, Clark County Auditor's Records; thence North 88°
42' 55" West, along the North line of the Northeast quarter of said Section 5, for
a distance of 1815.00 feet to the Northwest corner of Parcel #6 of the
\\MacDonald tract", as described under Clark County Auditor's File No.
8803180033; thence South 0° 48' 05" West, along the West line of said
"MacDonald tract", for a distance of 325;00 feet to the TRUE POINT OF
BEGINNING of Parcel 2; thence South 63° 21' 30" West, 811.36 feet to the East
line of the "Elford tract", as described under Clark County Auditors File No.
3182988; thence South 0° 48' 05" West, along the East line of said "Elford
tract", for a distance of 2390.01 feet to the North line of the Joel Knight DLC;
thence South 88° 26' 19" East, along the North line of said Joel Knight DLC, for a
distance of 326.70 feet to the West line of the "Grass Valley Holdings LLC tract",
as described under Auditor's File No. 3812272; thence North 0° 48' 05" East,
along said West line, for a distance of 1661.07 feet to the Northwest corner
thereof; thence South 89° 26' 19" East, 393.36 feet to the Northeast corner
thereof and the West line of said "MacDonald tract'; thence North 0° 48' OS"
East, along said West line, for a distance of 1099.85 feet to the TRUE POINT OF
BEGINNING.
SUBJECT TO easements and restrictions of record.
LD-2007\ Skola-Parcel 126253-000.rds
04-083-1
SUR'V£'¥ORSAND ENGINEERS
November 30, 2006
L"EGlAI... D'ESCRIPTION
FOR..
GRASS VALLEY HO:lOINiGS. U .. C
That po.rtion of the Northea:st quarter and the Southeast quarter of Section S, T1ownsh~p
1 Northi Range' 3 Easel WUiarnette ~.ileridijanl Dark County 1 Wasnil1gtol1, described as
fonows:
BEGINNING alt the Northeast comer of that tract: ()onveyed to Fredl'Watson by
deed recorded, in Book 296, pag;e 123., Deed Records, said POiF'l'E beillng, 27.50
chains West of the Northeast corner of said Section 5; thence South DC' 29' East!
atong the East line of said\'Wat5on tra~'~ 46,,36 chamns to a point on the North
line ,of the Joel Knight Donation'Land Claim and the TRUE POINT OF BEGINNING
hereof; thence North \).0 2.9' WestJalo:ng the East nne of,sa~d \\Watson tract"/
1661..07 feet; thence Westr para~ief with the North line of saId J,oei Knight
Donatiort Ul,nd Claim, 5.96 cha11!1s to the· We'st line of said "Watson tract";
thence South 0° 29' East,i along said West nne 1661.07 feet to'the'NCJilth ~ine of
said JQel Knight Donation Land ,Claim;' thence Eastt along sa:i:d' North. line 1 5,,96
chains to the TRUE POlNT .oF BEGINNING,
SU'BJECf TO easements and restrictions of record,
LD·20Q7'1 GIri3S$ V?lJey TL 13.rds
O+'Oe3,'
HA'G' rE"D" ··0· .. ·' < ,. : ! .. ' \ .. "',
, , .. :.": ..... ," '. INC.
SURVEYORS AND ENGINEERS
November 30~ 2007
leGAL DESCRIPTION
FOR
G· 'n, A·S·· S 'II,";'AI ., !:lV' 1i.J10·1' n,1IrN'~~ l' Le: ~,. vrM~·I;· 1iIl1. ~~'i '-'~ \., .. '.,
That portion of the' Southeast quarter Sedlon 5, Township 1 Nortn" Range 3 East,
WiUamette Meridianl Oty of CamasI' (]ark County( Washingto,\. described as: fbUows:
BEGINNING at the Northeast comer of that tract conveyed to Fred Watson,
described In Deed Book 296, page 123 records of the Cialik County Auditor, said
point beIng 181S.00 feet West of the Noli:heastcomer of said SectionS; thence
South 0° 48r. 0511 We5tj along the East line of said i,'Watson tract", 3",085.92, feet
to a po]nt on the. North line of the "Joel Knight DOflatj:Ofl Land Oammit and the
TRUE POINT Of BEGINNING of the following descrfbed parcel; . thence
continuing South 0° 481 05'1 Wes.ti 118.41 feet to the Northdght-of,-way line of
N.W. Paciflc.Rim Bivd as. desa.1bed tJnder CaH< County AutUtor's fife No.
8509040209; thence Soutll 58°221' 49 P west along said North right .. of ... way line~
465,,99 feet; thence North 0° 48' {;'S~l Easti 366.60 feet to the' North line of the
Joel Knlghlt Donation Land Oalm; thence South 8,9 0 26' 19($' East, atong said
NOM fine , 393.36, feet to the TRUE POINT OF BEGINNING.
SUBJECT TO easements and restrICtions of record.
ENGINEERING PLANNING
FORESTRY
13910 S.W. Galbreath Dr., Suite 100
Sherwood, Oregon 97140
Phone: (503) 925-8799
Fax: (503) 925-8969
Legal Description
LANDSCAPEARCEITTECTURE
SURVEYING
Offices Located In:
SHERWOOD, OREGON
REDMOND, OREGON
VANCOUVER, WASHINGTON
www.aks-eng.com
A portion of the Eiford Tract described in Auditor's File No. 3181188 Exhibit D located in Section 5,
Township 1 North, Range 3 East, Willamette Meridian, Clark County, Washington and being more
particularly described as follows:
Beginning at the Northeast Section comer of Section 5, thence along the north line of said Section 5
North 88°42'49" West 2535.08 feet to a point; thence along the west line of Auditor's File No.
4289774 South 00°48'11" West 705.00 feet to the True Point of Beginning; thence along the west line
of Auditor's File No. 4289775 South 00°48'11" West 1744.74 feet to a point; thence along a line
parallel to and 610 feet northerly of the John Knight Donation Land Claim (when measured at right
angles) North 88°42'49" West 1437.32 feet to a point on the east line of Tract 'A' of "Awbrey Glen At
Fisher's Landing"; thence along the east line of said Tract 'A' North 01 °09'06" East 827.36 feet to the
southeast comer of Lot 16 of said plat; thence North 58°30'26" East 1694.35 feet to the True Point of
Beginning.
The above described tract ofland contains 42.33 acres, more or less.
MAP OF LEGAL DESCRIPTION POINT or BEGINNING
SE BYBEE RD. A PORTION OF EXHIBIT D OF THE ElFORD
TRACT DESCRIBED IN AUDITORS FILE NO.
3181188 OF SECTION 5, T1 N, R3E, W.M.
CLARK COUNTY, WASHINGTON TAX LOT 4
SERIAL NO.
126245-000
SKOLA, LLC.
A.F. NO. 4289774
ElFORD
EXHIBIT 0
A.F. NO. 3181188
I-20.00' ACCESS EASEMENT
tel ,...,
~I co
~I
o i en ?I
C> 2:1
42.33
ACRES±
N88'42'49"W 1437.32'
ElFORD
EXHIBIT 0
A.F. NO. 3181188
SCALE 1" = 400 FEET
'---C:o::::J
~ _ N88'42'49"W 5
--8 ~ g 2535.08'
o i' o
(/)
TAX LOT 12
~ 1~~~~-~~ ~ A.F. NO. 4289775
~ --~
b
C>
(/)
JOB NAME: ElFORD SEG. ENGINEERING • PLANNING • SURVEYING • FORESTRY
JOB: 1958
DRW BY: MSK
CKD BY: NSW
DWG: 1958BLA-3
LICENSED IN OR & WA
12011 NE 99TH STREIT,
SUITE 15JO
VANCOUVER, WA 98682
PHONE: (J60) 882-0419
~==...;;..;..;=~ FAX: (J60) 882-0426
MAP TO EXHIBIT B
o 800 1600 2400 ft.
Information shown on this map was collected from several sources. Neither Clark County,
Washington, nor the producer of this document accept responsibility for any inaccuracies that
may be present.
Map center: 450 36' 7" N, 1220 27' 58" W
Parcels
Roads
Alley
,N' Arlerlal
IV' DNR
Legend
,/ ONR (Private Land)
Driveway
p Interstate
rt Intersta!e Ramp
;.' Primary Arterial
Private Roads
Private Roads w/o Names
/v Public Roads
,.if SRRamp
rt Slate Route
Waterbodies
City Boundaries
Urban Growth Boundaries
County Boundary
County Boundary
Scale: 1 :8,615
EXHIBIT C TO PRE-ANNEXATION DEVELOPMENT AGREEMENT
EXHIBIT "C"
Pagel
CIT''{ OF
\/ANCOUVER
'1 ,,-----------
'-NWPAYNl;;IW,
L-i
CITY OF (
I I
\
ANNEXATION ZONING
EXHIBIT "C"
Page 2
PRELIMINARY VI
WEST CAMAS STUDY AREA
LAND USE TABLE
08/30/07
I APPROX.
GROSS AREA NET AREA
RCI REGIONAL COMMERCIAL 64.0AC 1 52.4AC
REGIONAL COMMERCIAL 1
RC2 101.3 AC 37.5 AC
Re3 REGIONAL COMMERCIAL 17.9 AC 9.IAC
CC I COMMUNITY COMMERCIAL 29.5AC 14.3 AC
CC2 COMMUNITY COMMERCIAL 8.2AC 7.IAC
MFI LOW DENSITY MULTIFAMILY (IO/AC) 2.3AC 2.3AC
TOTAL NET AREA 122.7 AC
ROW -BYBEE AND 20TH I 38TH 5.8AC
TOTAL STUDY AREA 229.0 AC
APPROXIMATE EXISTING CLARK COUNTY
ZONING AREAS (BASED ON .50' WE'TIAND BUFFERs)
08/30107 APPROX.
GROSS AREA NET
AREA
BP 205.7 AC lOS.2AC
Rl-6 17.SAC 17.5 AC
TOTAL NET AREA 122.7 AC
ROW -BYBEE AND 20TH I 38TH 5.8AC ". ·1
TOTAL STUDY AREA . 229.0AC I
EXHIBIT D TO PRE-ANNEXATION DEVELOPMENT AGREEMENT
ExhibitE
Camas Municipal Code
Titles 16, 17, and 18
October 2007
Wetland Delineation
Chapter 16.04
Chapter 16.05
Chapter 16.06
Chapter 16.07
Chapter 16.08
Chapter 16.12
Chapter 16.16
Chapter 16.20
Chapter 16.24
Chapter 16.28
Chapter 16.3 2
Chapter 16.3 6
Chapter 16.40
Chapter 16.44
Chapter 16.50
Chapter 16.60
Chapter 16.70
Chapter 16.80
Chapter 16.90
Chapter 16.95
Title 16
ENVIRONMENT
GENERAL PROVISIONS
ARCHAEOLOGICAL RESOURCE PRESERVATION
PUBLIC VIEW, OPEN SPACE PROTECTION AND HISTORIC
SITES AND STRUCTURES
HISTORIC PRESERVATION
DEFINITIONS
ADMINISTRA TNE PROVISIONS
CATEGORICAL EXEMPTION AND THRESHOLD
DETERMINATIONS
ENVIRONMENT IMPACT STATEMENTS
ENVIRONMENT DOCUMENTS AND HEARINGS
SEPA AND AGENCY DECISIONS AND APPEALS
CATEGORICAL EXEMPTIONS
AGENCY COMPLIANCE
FEES
FORMS
GENERAL PROVISIONS
WETLANDS
CRITICAL AQUIFER RECHARGE AREAS
FREQUENTLY FLOODED AREAS
GEOLOGICALLY HAZARDOUS AREAS
FISH AND WILDLIFE HABITAT CONSERVATION AREAS
Ordinances: 2443 (4-2006),2477 (1-2007)
Chapter 16.04
GENERAL PROVISIONS
Sections:
16.04.010 Statutory authority.
16.04.020 Severability.
16.04.010 Statutory authority.
The city adopts this chapter under the State
Environmental Policy Act (SEPA), RCW
43.21C.120, and the SEPA Rules, WAC 197-
11-904. (Prior code § 10.32.010)
16.04.020 Severability.
If any provision of this title or its application
to any person or circumstances is held invalid,
the remainder of this title, or the application of
the provision to other persons or circumstances,
shall not be affected. (Prior code § 10.32.270)
2
Chapter 16.05
ARCHAEOLOGICAL RESOURCE
PRESERVATION
Sections:
16.05.010 Purpose.
16.05.020 Definitions.
16.05.030 Coordination.
16.05.040 Recording.
16.05.050 Permit required.
16.05.060 Applicability.
16.05.070 Predetermination required.
16.05.080 Predetermination standards.
16.05.090 Predetermination reports.
16.05.100 Review of predetermination
reports and further action.
16.05.110 Archaeological resource survey
required.
16.05.120 Survey standards.
16.05.130 Survey reports.
16.05.140 Review of survey reports and
further action.
16.05.150 Discovery principle.
16.05.160 Notification to tribes.
16.05.170 Enforcement.
16.05.010 Purpose.
The purposes of this chapter are to:
A. Encourage the identification and
preservation of cultural, archaeological and
historic resources consistent with the Growth
Management Act of 1990, as amended, and
Camas' comprehensive plan;
B. Establish clear procedures and specific
standards for identifying, documenting and
preserving Camas' cultural, archaeological and
historic resources;
C. Ensure use of the best available
technology and techniques commonly accepted
as standards in the profession of archaeology;
D. Establish a fair and equitable process for
balancing the identification and preservation of
cultural, archaeological and historic resources
with economic development;
E. Ensure coordination and consistency in the
implementation of the State Environmental
Policy Act, the Shoreline Management Act and
the Growth Management Act. (Ord. 2443 § 1
2
(Exh. A (part)), 2006: Ord. 2137 § 1 (part),
1997)
16.05.020 Definitions.
In carrying out the provisions of this chapter,
the following definitions shall apply:
"Adequately surveyed and documented"
means that (1) the survey method, level of
analysis, and area covered are sufficient to
meet the requirements of this chapter; and (2)
the documentation is sufficient to allow another
archaeologist to repeat the survey and reach the
same conclusion. Adequacy shall be
determined by the director.
"Archaeological object" means an object that
comprises the physical evidence of an
indigenous and subsequent culture including
material remains of past human life including
monuments, symbols, tools, facilities and
technological by-products (WAC 25-48-
020(8)).
"Archaeological resource survey" means
procedure by which an archaeologist makes an
assessment of the presence or absence of an
archaeological site on a parcel, a preliminary
assessment of a site's significance, and a
recommendation for further evaluation,
avoidance, mitigation, or recovery of resources.
"Archaeological resources" means any
material remains of human life or activities
which are of archaeological interest. This shall
include all sites, objects, structures, artifacts,
implements and locations of prehistoric or
archaeological interest, whether previously
recorded or still unrecognized, including, but
not limited to, those pertaining to prehistoric
and historic American Indian or aboriginal
burials, campsites, dwellings, and their
habitation sites, including rock shelters and
caves, their artifacts and implements of culture
such as projectile points, arrowheads, skeletal
remains, grave goods, basketry, pestles, mauls,
and grinding stones, knives, scrapers, rock
carvings and paintings, and other implements
and artifacts of any material (WAC 25-48-
020(10)). This shall also include any material
remains of human life or activities from
historic periods which are located at least
partially below the ground surface necessitating
the use of archaeological methods for study or
recovery.
"Archaeological site" means a geographic
locality in Washington, including but not
limited to, submerged and submersible lands
and the bed of the sea within the state's
jurisdiction, that contains archaeological
objects (WAC 25-48-020(9».
"Archaeologist" means either a qualified
archaeologist (RCW 27.53.030(9» or a
professional archaeologist (RCW 27.53.030(8)
and WAC 25-48-020(4» who has been
approved by the city. Both qualified
archaeologists and professional archaeologists
may perform predeterminations and surveys.
Only professional archaeologists may perform
services such as evaluation and data recovery
for which a state permit is needed.
"Department" means the community
development department.
"Director" means the director of the
community development department or
designee.
"Feature" means an artifact or set of artifacts
which loses its integrity when moved due to its
size and complexity (e.g., a hearth or a house
floor).
"Known, recorded archaeological site" means
an archaeological site which has been recorded
withOAHP.
"OAHP" means the Washington State Office
of Archaeology and Historic Preservation.
"Of archaeological interest" means capable of
providing scientific or humanistic
understandings of past human behavior,
cultural adaptation, and related topics through
the application of scientific or scholarly
techniques such as controlled observation,
contextual measurement, controlled collection,
analysis, interpretation and explanation (WAC
25-48-020(12».
"Predetermination" means a procedure
similar to, but of less intensity than an
archaeological resource survey. Its purpose is
to determine whether an archaeological site is
likely to be present or absent on a parcel, and
based on that determination recommend
whether or not to proceed with an
archaeological resource survey.
"Probability level" means account
classification of property according to the
probability of its having archaeological
3
resources. The probability levels are low (zero
to twenty percent), low-moderate (twenty to
forty percent), moderate (forty to sixty
percent), moderate-high (sixty to eighty
percent), and high (eighty to one hundred
percent). The probability levels assigned to
property within the urban growth boundary of
the city are identified in that map entitled "City
of Camas Archaeological Site Study, June 3,
1997."
"Significant archaeological site" means an
archaeological site which has been determined
by a professional archaeologist to contain: (1)
archaeological objects at a density of at least
one hundred per cubic meter per stratigraphic
or cultural unit; or (2) at least one feature; or
(3) at least one relatively uncommon
archaeological object; or (4) skeletal remains.
"Survey" means archaeological resource
survey.
"Tribes" means any federally recognized or
other local Native American Government
organization which may consider the site to be
of historic or cultural significance. (Ord. 2443
§ 1 (Exh. A (part», 2006: Ord. 2137 § 1 (part),
1997)
16.05.030 Coordination.
A. General. Where the provisions of this
chapter conflict with each other or with other
laws, ordinances or programs, the more
restrictive provisions shall apply.
B. SMA. The provisions of this chapter shall
apply throughout Camas, including areas
regulated by Camas' shoreline management
master program.
C. SEP A. The regulations of the State
Environmental Policy Act shall supplement the
provisions of this chapter.
D. Development Review. For projects subject
to Title 18, Chapter 18.55 of the Camas
Municipal Code, a determination that an
application is complete shall not be made until
any required predetermination has been
completed and a predetermination report has
been submitted. (Ord. 2443 § 1 (Exh. A (part»,
2006: Ord. 2137 § 1 (part), 1997)
16.05.040 Recording.
Any archaeological site identified pursuant to
the provisions of this chapter shall be recorded
with OAHP. (Ord. 2443 § 1 (Exh. A (part»,
2006: Ord. 2137 § 1 (part), 1997)
16.05.050 Permit required.
A permit from OAHP shall be secured prior
to digging, altering, excavating, and/or
removing archaeological objects and sites or
historic archaeological resources, or proposing
to remove glyptic or painted records of tribes or
peoples, or archaeological resources from
native illdian cairns or graves (WAC 25-48-
050). (Ord. 2443 § 1 (Exh. A (part», 2006:
Ord. 213 7 § 1 (part), 1997)
16.05.060 Applicability.
A. The provisions of this chapter shall apply:
1. When any item of archaeological interest is
discovered during the course of a permitted
ground-disturbing action or activity (Section
16.05.150);
2. When the director determines that reliable
information indicates the possible existence of
an archaeological site on a parcel for which an
application for a permit or approval for a
ground-disturbing action or activity has been
submitted. .
B. The provisions of this chapter shall apply,
except as provided in this section and in
subsection C of this section, to all ground-
disturbing actions or activities for which a
permit or approval is required:
1. On all parcels in probability level high;
2. On parcels of at least five acres in
probability levels moderate-high and moderate;
3. Regardless of parcel size or probability
level, when proposed within one-fourth mile of
a known, recorded archaeological site as
measured on a horizontal plane extending in all
directions. Such an action or activity may be
exempted by the director, when appropriate,
during the predetermination process due to the
effects of a geographic barrier (Section
16.05.070(F».
C. The following shall not trigger or shall be
exempted from the provisions of this chapter:
1. Accessory dwelling units;
2. Land use permits issued under clear and
objective standards, such as those for fences,
sheds, decks, patios or driveways;
3. Sign permits;
4. Conditional use permits for a change in use
4
only, not involving ground disturbance for
structural modification;
5. Zoning variance approvals;
6. Ground-disturbing actions or activities
which constitute normal maintenance and
repair of existing structures and facilities; or
7. Ground-disturbing actions or activities
proposed in areas which the director determines
to have been adequately surveyed and
documented (as defmed in Section 16.05.020)
in the past and within which no archaeological
resources have been discovered.
D. When more than one probability level
traverses a parcel, the entire parcel shall be
considered to be within the level with the
greatest probability rating. (Ord. 2443 § 1 (Exh.
A (part», 2006: Ord. 2137 § 1 (part), 1997)
16.05.070 Predetermination required.
A. A predetermination shall be required for
any nonexempt ground-disturbing action or
activity for which a permit or approval is
required within probability level high.
B. A predetermination shall be required for
any nonexempt ground-disturbing action or
activity for which a permit or approval is
required and which is located on a parcel of at
least five acres within probability levels
moderate-high and moderate.
C. A predetermination shall be required for
all nonexempt ground-disturbing actions or
activities for which a permit or approval is
required which are proposed within one-fourth
mile of a known, recorded archaeological site.
D. A predetermination shall be required when
the director determines that reliable
information indicates the possible existence of
an archaeological site on a parcel for which an
application for a permit or approval for a
ground-disturbing action or activity has been
submitted.
E. A predetermination shall be required when
any item of archaeological interest is
discovered during the course of a permitted
ground-disturbing action or activity.
F. During the predetermination process, the
director will determine whether a ground-
disturbing action or activity is exempt under
Section 16.05.060(B)(3) or 16.05.060(C)(7) of
this chapter. ill the event that the director is
able to make such a determination of
exemption based solely upon background
research (Section 16.05.080(C)), the city shall
reduce the applicant's total fee obligation for
the project by one-half of the predetermination
fee.
G. A predetermination shall not be performed
when a survey is required under Section
16.05.110 of this chapter.
H. The director may waive the requirement
for a predetermination if the applicant chooses
to provide a survey in accordance with Sections
16.05.110 and 16.05.130 of this chapter. (Ord.
2443 § 1 (Exh. A (part)), 2006: Ord. 2137 § 1
(part), 1997)
16.05.080 Predetermination
standards.
Predeterminations shall include at a minimum
the following elements and be carried out
according to the following standards:
A. Predeterminations shall be performed by a
qualified or professional archaeologist.
B. Predeterminations shall be performed to
the high standard of quality which fulfills the
purposes of this chapter.
C. Background Research. A thorough review
of records, documentation, maps, and other
pertinent literature shall be performed.
D. Surface illspection. A visual inspection of
the ground surface shall be completed when
conditions yield at least fifty percent visibility.
E. Subsurface illvestigation. Subsurface
investigation shall be performed when
considered necessary by the archaeologist.
When necessary, the following standards shall
apply:
1. Subsurface probes shall be no less than
eight inches/twenty centimeters in diameter
(twelve inches/thirty centimeters or more
preferred) at the ground surface, and shall delve
no less than twenty inches/fifty centimeters
deep into natural soil deposits whenever
possible.
2. The most appropriate number of and
locations for subsurface probes shall be
determined by the archaeologist.
3. All material excavated by subsurface
probes shall be screened using both one-fourth
inch and one-eighth inch hardware mesh cloths.
(Ord. 2443 § 1 (Exh. A (part)), 2006: Ord.
2137 § 1 (part), 1997)
5
16.05.090 Predetermination reports.
A report shall be completed for each
predetermination to the high standard of quality
which fulfills the purposes of this chapter and
standardized guidelines furnished by the
department. A completed report shall be
submitted to OAHP as well as the city. (Ord.
2443 § 1 (Exh. A (part)), 2006: Ord. 2137 § 1
(part), 1997)
16.05.100 Review of predetermination
reports and further action.
A. Predetermination reports shall be reviewed
by the director.
B. When the director determines that a
predetermination report is complete and
adequate, the director shall, based upon the
information contained in the report, determine
whether an archaeological site is likely to exist.
C. Where the director determines that an
archaeological site is not likely to exist, the
application may proceed through the remainder
of the development review process.
D. Where the director determines that an
archaeological site is likely to exist, an
archaeological resource survey shall be
required and carried out in accordance with the
provisions of this chapter. (Ord. 2443 § 1 (Exh.
A (part)), 2006: Ord. 2137 § 1 (part), 1997)
16.05.110 Archaeological resource
survey required.
A survey shall be required when the results of
a predetermination indicate further
investigation is necessary and either:
A. No previous survey has been done; or
B. A previous surveyor documentation is
determined by the director to be inadequate.
(Ord. 2443 § 1 (Exh. A (part)), 2006: Ord.
2137 § 1 (part), 1997)
16.05.120 Survey standards.
Surveys shall include at a minimum the
following elements and be carried out
according to the following standards:
A. Surveys shall be performed by a
professional archaeologist.
B. Surveys shall be performed to the high
standard of quality which fulfills the purposes
of this chapter.
C. Background Research. A thorough review
of records, documentation, and other pertinent
literature shall be performed.
D. Surface Inspection. A systematic, one
hundred percent visual inspection of the ground
surface shall be completed when conditions
yield at least fifty percent visibility.
E. Subsurface Investigation. Subsurface
investigation shall be performed when
considered necessary by the archaeologist,
utilizing the same standards set forth within
CMC Section 16.05.080(E). (Ord. 2443 § 1
(Exh. A (part)), 2006: Ord. 2137 § 1 (part),
1997)
16.05.130 Survey reports.
A report shall be completed for each survey
in accordance with state guidelines and to the
high standard of quality which fulfills the
purposes of this chapter. A completed report
shall be submitted to OAHP as well as the city.
(Ord. 2443 § 1 (Exh. A (part)), 2006: Ord.
2137 § 1 (part), 1997)
16.05.140 Review of survey reports
and further action.
A. Survey reports shall be reviewed by the
director.
B. When the director determines that a survey
report is complete and adequate, the director
shall, based upon the information contained in
the report, determine whether an archaeological
site has been identified.
C. Where the director determines that no
archaeological site has been identified, the
application may proceed through the remainder
of the development review process.
D. Where the director determines that an
archaeological site has been identified and is
not likely to be significant, the application may.
proceed through the remainder of the
development review process.
E. Where the director determines that an
archaeological site has been identified and is
likely to be significant, archaeological
resources shall be further evaluated, avoided,
properly mitigated or properly recovered in
accordance with the director's recommendation
and subject to state regulations. Priority for
protection in-place and thorough evaluation
and data recovery shall be given to significant
6
archaeological sites. Bonding may be required
to ensure that the site is treated in accordance
with the director's recommendation and
provisions of the state permit. Monitoring and
future corrective measures may be required to
ensure that an archaeological site is not
degraded by a permitted development. (Ord.
2443 § 1 (Exh. A (part)), 2006: Ord. 2137 § 1
(part), 1997)
16.05.150 Discovery principle.
In the ~vent that any item of archaeological
interest is uncovered during the course of a
permitted ground-disturbing action or activity:
A. All ground-disturbing activity shall
immediately cease.
B. The applicant shall notify the department
andOAHP.
C. The applicant shall provide for a
predetermination and a predetermination report
prepared in accordance with the provisions of
this chapter. The director shall review the
report and issue a determination in accordance
with Section 16.05.100 of this chapter in a
reasonably diligent manner, taking into account
all pertinent factors and conditions (within
seven calendar days whenever feasible). Where
such determination is that an archaeological
site is not likely to exist, construction may
continue. Where such determination is that an
archaeological site is likely to exist, the
applicant shall provide a survey and survey
report. The director shall produce a map of the
parcel indicating clearly the portiones) of the
parcel, if any, within which construction may
continue under the supervision of an
archaeologist and monitoring by the director
while the required survey is being completed.
The provisions of Section 16.05.140 of this
chapter shall apply. (Ord. 2443 § 1 (Exh. A
(part)), 2006: Ord. 2137 § 1 (part), 1997)
16.05.160 Notification to tribes.
Whenever a predetermination or survey is
required, the applicant shall provide the tribes
with a copy of the application and all
supporting materials, and shall provide proof of
compliance with this requirement to the
director. Upon city receipt of a
predetermination or survey, the director shall
notify the tribes, in writing, that such
predetermination or survey will be submitted to
the tribes by the applicant. When the director
determines that the existence of an
archaeological site is probable and an
archaeological resource survey is required, the
director shall notify the tribes of such
determination by certified mail, return receipt
requested. Comments from the tribes shall be
accepted by the director until five p.m. on the
fourteenth day from the date notification was
mailed to the tribes. Should the fourteenth day
7
fall on a nonbusiness day, the comment period
shall be extended until five p.m. on the next
business day. (Ord. 2443 § 1 (Exh. A (part»,
2006: Ord. 2137 § 1 (part), 1997)
16.05.170 Enforcement.
The provisions of this chapter shall be
enforced in accordance with the provisions of
CMC Chapter 14.13 of this code. (Ord. 2443
§ 1 (Exh. A (part», 2006: Ord. 2137 § 1 (part),
1997)
Chapter 16.06
PUBLIC VIEW, OPEN SPACE
PROTECTION AND mSTORIC SITES
AND STRUCTURES
Sections:
16.06.010 Public view, open space
protection and historic sites and structures.
16.06.015 Archeological resources.
16.06.020 Traffic and transportation.
16.06.030 Ground and surface water
quality.
16.06.040 Public facilities.
16.06.010 Public view, open space
protection and historic sites and
structures.
A. Policy Background.
1. Camas has a magnificent natural setting of
greenery, mountains, and water; visual
amenities and opportunities are an integral part
of the city's environmental quality.
2. The city has developed particular sites for
the public's enjoyment of views of mountains,
water, open space networks and skyline and has
many scenic routes and other public places
where such views enhance one's experience.
3. Obstruction of public views or open space
networks may occur when a proposed structure
is located in close proximity to the street
property line, when development occurs on lots
situated at the foot of a street that terminates or
changes direction because of a shift in the street
grid pattern, when buildings are built on a ridge
line, or when development along a street
creates a continuous wall separating the street
from the view.
4. As part of the city's character, it is
important to preserve sites and structures which
reflect significant elements of the city's historic
heritage and to designate and regulate such
sites and structures as historic landmarks.
5. Adopted land use regulations attempt to
protect private views through height and bulk
controls and other zoning regulations but it is
impractical to protect private views through
project-specific review.
B. Policies.
1. It is the city's policy to protect public
8
views of significant natural and human-made
features: Mount Hood and major bodies of
water including the Columbia River, Lacamas
Lake and the Washougal River. These include
public places consisting of viewpoints, parks,
scenic routes, and view corridors identified in
the comprehensive Plan and the comprehensive
park and recreation plan.
2. The responsible official may condition or
deny a proposal to eliminate or reduce its
adverse impacts on designated public views or
open space networks.
3. It is the city's policy to protect public
views of historic sites or landmarks designated
by the city or identified in the review process
which, because of their prominence of location
or contrasts or siting, age, or scale, are easily
identifiable visual features of their
neighborhood or the city and contribute to the
distinctive quality or identity of their
neighborhood or the city.
4. A proposed project may be conditioned or
denied to mitigate view impacts.
5. Mitigating measures may include, but are
not limited to:
a. Requiring a ohange in the height of
development;
b. Requiring a change in the bulk of the
development;
c. Requiring a redesign of the profile of the
development;
d. Requiring on-site view corridors or
requiring enhancements to off-site view
corridors;
e. Relocating the project on the site;
f. Requiring a reduction or re-arrangement of
walls, fences, or plant material; and
g. Requiring a reduction or rearrangement of
accessory structures including, but not limited
to, tower railings and antennae. (Ord. 1821 § 1,.
1991)
16.06.015 Archeological resources.
A. Policy Background.
1. The city has sites containing objects of
archeological and historical significance.
2. The discovery, identification, excavation,
preservation and study of archeological
resources, the inventorying of archeological
sites and collections, and the providing of
infonnation to state, federal and private
construction agencies regarding the impact of
construction activities on archeological
resources are public functions, and the city is
an appropriate agency to assist in the carrying
out of these functions.
3. The conversion of undeveloped lands into
residential, commercial and industrial uses may
result in the destruction of archeological
resources.
4. Development ofland should be regulated
to mitigate adverse impacts to archeological
resources.
B. Policies.
1. It is the city's policy to identify, inventory
and preserve archeological resources and
archeological sites located within the city.
2. Whenever a development proposal
contains a known or suspected archeological
site, the responsible officials shall assess the
probable effect of the impact and the need for
mitigating measures.
3. Whenever the responsible official
detennines that a development project may
contain an archeological site or may adversely
impact a known archeological site, the
proponent may be required to retain the
services of a qualified professional archeologist
to assess the impact of the development, and to
propose such mitigating measures as may be
necessary.
4. The responsible official shall notify the
Washington State Office of Archeology and
Historic Preservation, Department of
Community Development, of any development
activity that may adversely impact a recognized
or suspected archeological site.
S. If the responsible official makes a written
finding that a development project will
adversely impact an archeological site, then the
responsible official may condition or deny the
development project to minimize such adverse
impact.
6. Mitigation measures may include:
a. Reduction in size or scope of the project;
b. Requiring the implementation of
mitigation measures as recommended by a
professional archeologist;
c. Requiring compliance with any pennits or
conditions as may be imposed or recommended
by the Washington State Office of Archeology
9
and Historic Preservation.
7. If archeological resources are discovered
on a development site after approval of the
development by the city without the imposition
of appropriate mitigation measures, then the
responsible official may issue an order to cease
and desist all development activity in the
affected area until such time as an appropriate
archeological resources assessment can be
undertaken and mitigating measures, if
necessary, implemented. (Ord. 2072 § 1, 1996)
16.06.020 Traffic and transportation.
A. Policy Background.
1. Excessive traffic can adversely affect the
stability, safety and character of Camas'
neighborhoods and downtown.
2. Substantial traffic volumes associated with
major projects may adversely impact
surrounding areas.
3. Individual projects may create adverse
impacts on transportation facilities which
service such projects. Such impacts may result
in a need for turn channelization, right-of-way
dedication, street widening, or other
improvements including traffic signalization.
B. Policies.
1. Minimize or prevent adverse traffic
impacts that would undennine the stability,
safety and/or character of downtown, a
neighborhood, or surrounding areas.
2. In detennining the necessary traffic and
transportation impact mitigation, the
responsible official shall examine the expected
peak traffic and circulation pattern of the
proposed project weighed against such factors
as the availability of public transit; existing
vehicular and pedestrian traffic conditions;
accident history; the trend in local area
development; parking characteristics of the
immediate area; the use of the street as
detennined by the city and the availability of
goods, services and recreation with reasonable
walking or biking distance.
3. Mitigating measures which may be applied
to projects may include, but are not limited to:
a. Changes in access;
b. Changes in the location, number and size
of curb cuts and driveways;
c. Provision of transit incentives including
transit pass subsidies;
d. Bicycle parking;
e. Signage;
f. Improvements to pedestrian and vehicular
traffic operations including signalization, turn
channelization, right-of-way dedication, street
widening, or other improvements proportionate
to the impacts of the project; and
g. Transportation management plans.
4. For projects which result in adverse
impacts, the responsible official may reduce the
size and/or scale of the project if the
responsible official determines that the traffic
improvements outlined under the above
paragraph would not be adequate to effectively
mitigate the adverse impacts of the project.
(Ord. 1821 § 2, 1991)
16.06.030 Ground and surface water
quality.
A. Policy Background.
1. Camas' water quality is adversely affected
primarily dumping of pollutants and drainage-
related sewage overflows into its lakes,
streams, creeks, and other systems draining into
the Washougal and Columbia Rivers.
2. Camas' water quality is also adversely
affected by storm drainage runoff; non-point
source discharges from streets, parking lots and
other impervious surfaces; and construction site
runoff.
3. Federal, state and regional water quality
regulations and programs cannot always
anticipate or eliminate adverse impacts to water
quality.
B. Policies.
1. It is the city's policy to minimize or
prevent adverse water quality impacts.
2. For any project proposal which poses a
potential threat to water quality in Camas, the
responsible official shall assess the probable
effect of the impact and the need for mitigating
measures. The assessment shall be completed
in consultation with appropriate agencies with
water quality expertise.
3. If the responsible official makes a written
10
fmding that the applicable federal, state and
regional regulations did not anticipate or are
inadequate to address the particular impact( s)
ofthe project, the responsible official may
condition or deny the project to mitigate its
adverse impacts.
4. Mitigating measures may include, but are
not limited to:
a. Use of an alternative technology;
b. Reduction in the size or scope of the
project or operation;
c. Landscaping; and
d. Limits on the time and duration of the
project or operation. (Ord. 1821 § 3, 1991)
16.06.040 Public facilities.
A. Policy Background.
1. A single development though otherwise
consistent with zoning regulations, may create
excessive demands upon existing public
services and facilities. "Public services and
facilities" in this context includes facilities such
as sewers, storm drains, solid waste disposal
facilities, parks, schools, police and fire
facilities, and streets and services such as
transit, solid waste collection, public health
services, and police and fire protection,
provided by either a public or private entity.
B. Policies.
1. It is the city's policy to minimize or
prevent adverse impacts to existing public
services and facilities.
2. The responsible official may require as
part of the environmental review of a project,· a
reasonable assessment present and planned
condition and capacity of public services and
facilities to serve the area affected by the
proposal.
3. Based upon such analyses, a project which
would result adverse impacts on existing public
services and facilities may be conditioned or
denied to lessen its demand for services and
facilities, or required to improve or add
services and/or facilities to meet demand
caused by the project. (Ord. 1821 § 4, 1991)
________________________ ~w"_~w_mw_' ________________________________________________________________________ ___
Chapter 16.07
mSTORIC PRESERVATION
Sections:
16.07.010 Purpose.
16.07.020 Applicability.
16.07.030 Definitions.
16.07.040 Clark County historic
preservation commission.
16.07.050 National Register of Historic
Places.
16.07.060 Clark County heritage register.
16.07.070 Review of changes to Clark
County heritage register property(ies)--
Design review.
16.07.080 Relationship to zoning.
16.07.090 Review and monitoring of
property(ies) for special property tax
valuation.
16.07.100 Clark County cultural resources
inventory.
16.07.110 Violations and enforcement.
16.07.010 Purpose.
The purpose of this chapter is to provide for
the identification, evaluation and protection of
cultural and historic resources in the city and to
encourage the preservation, restoration and
rehabilitation of these resources for future
generations in order to:
A. Safeguard the heritage of Camas as
represented by those buildings, districts,
objects, sites and structures which reflect
significant elements of the city's history;
B. Increase recognition of Camas' cultural
and historic resources;
C. Foster a sense of identity based upon the
city's history;
D. Assist, encourage and provide incentives
to property owners for preservation, restoration
and reuse of significant buildings, districts,
objects, sites and structures; and
E. Promote and facilitate the early
identification and resolution of conflicts
between preservation of cultural and historic
resources and alternative land uses. (Ord. 2073
§ 1 (part), 1996)
16.07.020 Applicability.
11
This chapter applies to:
A. Property(ies) within the city listed or
eligible to be listed on any historic or cultural
resource inventory for Clark County;
B. Property(ies) within the city listed or
eligible to be listed on the National Register of
Historic Places, Washington State Heritage
Register, Clark County Heritage Register or
other local register for Clark County. (Ord.
2073 § 1 (part), 1996)
16.07.030 Definitions.
The following words and terms when used in
this chapter shall mean as follows, unless a
different meaning clearly appears from the
context:
"Board" shall refer to the Clark County board
of commissioners, except where reference is
made to the "local review board" for purposes
of the special valuation tax incentive program.
"Cultural resources" consist of historic or
prehistoric or archaeological sites and standing
structures, cemeteries, burial grounds and
funerary objects and distributions of cultural
remains and artifacts.
"Clark County cultural resources inventory"
or "inventory" means a comprehensive
inventory of historic resources within the
boundaries of Clark County including
resources identified in the Clark County
cultural resources inventory and other
invel1tories by local jurisdictions within Clark
County.
"Commission" means the "Clark County
historic preservation commission."
"Contributing" means a property which dates
to the historic period and retains sufficient
physical integrity so as to convey its historic
character.
"Historic district" is a geographically
defmable area possessing a significant
concentration, linkage or continuity of sites,
buildings, structures or objects united by past
events or aesthetically by plan or physical
development.
"Emergency repair" means work necessary to
prevent destruction or dilapidation to real
property or structural appurtenances thereto
immediately threatened or damaged by fire,
flood, earthquake or other disaster.
"National Register of Historic Places" means
_~ 'WiII¢W IWU*' _____________ '_liiOm_._W_. ____________ w_, ____ ....... ..__ ...... ___________ _
the national listing of properties significant to
our cultural history because of their
documented importance to our history,
architectural history, engineering or cultural
heritage.
"Noncontributing" means a property which
either does not date to the historic period or has
not retained sufficient physical integrity so as
to convey its historic character.
"Ordinary repair and maintenance" means
work for which a permit issued by the city is
not required by law, and where the purpose and
effect of such work is to correct any
deterioration or decay of or damage to the real
property or structure appurtenance therein and
to restore the same, as nearly as may be
practicable, to the condition prior to the
occurrence of such deterioration, decay or
damage.
"Qualified archaeologist" means a person
who has had formal training and/or experience
in archaeology over a period of at least three
years, and has been certified in writing to be a
qualified archaeologist by two professional
archaeologists, as defmed in RCW 27.53.030.
"Significance" shall refer to a quality of a
property which helps one understand the
history of the local area, state, or nation by
illuminating the local, statewide or nationwide
impact of the events or persons associated with
the property, or its architectural type or style in
information potential. The local area may be as
large as Clark County or Southwest
Washington, or as small as a neighborhood.
Local significance may apply to a property that
illustrates a theme that is important to one or
more localities; state significance to a theme
important to the history of the state; and
national significance to property of exceptional
value in representing or illustrating an
important theme in the history of the nation.
"Special valuation tax incentive program" or
"special valuation" means the local option
program makes available to property owners a
special tax valuation for rehabilitation of
historic property(ies) under which the assessed
value of an eligible historic property is
determined at a rate that excludes, for up to ten
years, the actual cost of the rehabilitation.
"Washington Heritage Register" means the
state listing of properties significant to the
12
community, state or nation but which do not
meet the criteria of the National Register of
Historic Places. (Ord. 2073 § 1 (part), 1996)
16.07.040 Clark County historic
preservation commissiou.
A. Authority. The Clark County historic
preservation commission shall serve as the
review authority on matters of historic
preservation as outlined in subsection C of this
section for properties within the City of Camas.
B. Composition of the Commission.
Appointments to the commission shall be made
by the Clark County board of commissioners.
All members shall be selected based on the
professional or demonstrated expertise criteria
(CCC 18.328.040(B)), rather than by
geographic distribution.
C. Powers and Duties. The major
responsibilities of the commission are to
identify and actively encourage the
conservation of the county's historic and
cultural resources by initiating and maintaining
a register of historic places and reviewing
proposed changes to register property(ies); to
raise community awareness of the county's
historic and cultural resources; and to serve as
the county's primary resource in matters of
historic preservation. In carrying out these
responsibilities, the commission shall engage in
the following activities:
1. Maintain a comprehensive inventory of
historic and cultural resources within the
boundaries of the city of Camas to be included
in the Clark County Cultural Resources
Inventory; publicize and periodically update
inventory results;
2. Maintain the Clark County heritage
register. This official register shall be
comprised of buildings, structures, sites,
objects and districts identified by the
commission as having historic significance
worthy of recognition by the county and
encouragement of efforts by owners to
maintain, rehabilitate and preserve properties;
3. Review nominations to the Clark County
heritage register and National Register of
Historic Places according to criteria in Sections
16.05.050 and 16.05.060 of this chapter. Make
designations to the Clark County Heritage
Register;
4. Review proposals as required in Sections
16.07.060(B) and (C) for historic districts on
the Clark County Heritage or National
Registers;
5. Submit nominations to the Washington
State Heritage Register and National Register
of Historic Places;
6. Provide for comment by the commission
on all applications for approvals, permits,
environmental assessments or impact
statements, and other similar documents
pertaining to identified historic or cultural
resources or adjacent property(ies) upon staff
request;
7. Provide information, comment and support
to the public and agencies on matters related to
historic preservation;
8. Encourage recognition of noteworthy
efforts in the rehabilitation or maintenance of
historic buildings, structures, sites and districts,
and new construction in historic areas;
9. Serve as the local review board for special
valuation pursuant to RCW 84.26.
D. Rules and Officers.
1. The commission shall establish and adopt
its rules and procedures not inconsistent with
this chapter.
2. The commission shall select from among
its membership a chairperson and vice chair to
conduct the commission's business.
E. Commission Staff. Staff for the
commission shall be provided by the Clark
County department of community development
with additional assistance and information to be
provided by other county or city departments as
may be necessary to aid the commission in
carrying out its duties and responsibilities
under this chapter.
H. Interlocal Agreement Required. An
interlocal agreement shall be established
between the city and Clark County
implementing the provisions of this chapter.
(Ord. 2073 § 1 (part), 1996)
16.07.050 National Register of
Historic Places.
A. Nominations to the National Register of
Historic Places shall be reviewed as established
in the Code of Federal Regulations (36CFR60).
B. The commission shall hold a duly
advertised public hearing at a regularly
13
scheduled meeting at which the applicable
criteria are reviewed and a recommendation
forwarded to the State Office of Archaeology
and Historic Preservation (OAHP) within sixty
days of the date of application. The OAHP
shall complete the designation process and
notify the applicant of the designation decision.
(Ord.2073 § 1 (part), 1996)
16.07.060 Clark County heritage
register.
A. Criteria for Determining Eligibility for
Designation in the Register. Any building,
structure, site, object or district may be
designated for inclusion in the Clark County
heritage register if it:
1. Has integrity of location, design, setting,
materials, workmanship, feeling and
association; and
2. Is at least fifty years old, or is of lesser age
and has exceptional importance; and
3. Is significantly associated with the history,
architecture, archaeology, engineering or
cultural heritage of the community; and
4. Meets at least one of the following criteria:
a. Is associated with events that have made a
significant contribution to the broad patterns of
national, state or local history; or
b. Embodies the distinctive architectural
characteristics of a type, period, style or
method of design or construction, or represents
a significant and distinguishable entity whose
components may lack individual distinction; or
c. Is an outstanding work of a designer,
builder or architect who has made a substantial
contribution to their field; or
d. Exemplifies or reflects special elements of
the county's history; or
e. Is associated with the lives of persons
significant in national, state or local history; or
f. Has yielded or may be likely to yield
important archaeological information related to
history or prehistory; or
g. Is an historic building or cultural resource
removed from its original location but which is
significant for architectural value, or
association with an historic person or event, or
prehistory; or
h. Is a birthplace or grave of a prehistoric or
historical figure of outstanding importance and
is the only surviving structure or site associated
with that person; or
i. Is a cemetery or burial site which derives
its primary significance from age, from
distinctive design features, or from association
with historic events, or cultural patterns; or
j. Is a reconstructed building that has been
executed in an historically accurate manner on
the original site; or
k. Is a creative and unique example of folk
architecture and design created by persons not
formally trained in the architectural or design
professions, and which does not fit into formal
architectural or historical categories.
B. Nominating, Designating and Listing
Property(ies) or Districts to the Clark County
Heritage Register.
1. Any person may nominate a building,
structure, site, object, or district for inclusion in
the Clark County heritage register. The owner
must consent to placement of the nominated
resource prior to consideration for designation
by the commission. In its designation decision,
the commission shall consider the Clark
County cultural resources inventory and the
Camas urban area comprehensive plan.
2. The commission shall consider the merits
of the nomination, according to the criteria in
subsection A of this section and according to
the nomination review standards established in
its rules and procedures, at a public hearing.
Adequate notice will be given to the public, the
owner(s) and the author(s) of the nomination, if
different, and lessees, if any, of the subject
property prior to the public meeting according
to standards for public meetings established in
rules and in compliance with RCW 42.30,
Open Public Meetings Act. Such notice shall
include publication in a newspaper of general
circulation in Clark County and posting of the
property per CCC 18.600.080. If the
commission finds that the nominated property
is eligible for the Clark County heritage
register, the commission shall list the property
in the register with the owner's consent.
3. In the case of individual property(ies), the
designation shall include all exterior features,
interior features, and outbuildings which
directly contribute to the significance of the
historic or architectural character.
4. In the case of districts, the designation
shall include description of the boundaries of
14
the district; the characteristics of the district
which justifies its designation; and a list of all
property(ies) including features, structures,
sites and objects which contribute to the
designation of the district.
5. The public, property owner(s) and
author(s) of the nomination, if different, and
lessees, if any, shall be notified of the listing by
mailed notice.
C. Designating Historic Districts.
1. Historic districts may be identified and
nominations made in conformance with the
criteria in this chapter. A simple majority of
property owners within the proposed historic
district must consent, in writing, to nomination
of properties prior to designation. Design
guidelines shall be adopted as an integral pat of
each historic district designation.
2. Commission staff together with city staff
shall:
a. Review the proposal for land use impacts,
consistent with the comprehensive plan,
neighborhood action plan, and other related
plans and codes. The designation of a historic
district should not have the effect of
significantly hampering redevelopment in
commercial areas. Staff shall submit its
analysis of these issues to the commission;
b. Draft design guidelines for the proposed
historic district and submit them to the
commISSIon.
3. The commission shall hold a duly
advertised public hearing to review the
proposal. It shall make findings concerning the
proposed district's historic significance; the
appropriate boundaries of such a district; land
use impacts, consistency and compatibility
issues; and appropriate design guidelines.
Contributing structures and features as well as
noncontributing structures shall be identified.
The commission shall issue a fmal
determination designating the historic district
or denying the proposal following the public
hearing.
4. Designated historic districts shall be
recorded on the official zoning maps of the city
and the county.
5. A decision of the commission designating
a building, structure, site, object or district or
denying such a proposal may be appealed to the
city council.
D. Removal ofProperty(ies) or Historic
Districts from the Clark County Heritage
Register.
1. A property owner may request a review of
a property for possible removal from the Clark
County heritage register. A written request may
be submitted to the commission and considered
at a public meeting. However, there is no
automatic right to have a property removed
from the register.
2. In the event that any property or historic
district no longer meets the criteria for
designation to the Clark County heritage
register, the commission may initiate removal
from such designation by the same procedure
as provided for in establishing the designation,
except that a property or historic district may
be removed from the Clark County heritage
register without owner consent. The decision to
remove a property or district from the Clark
County heritage register may be appealed to the
city council.
E. Effects of Designation and Listing on the
Register.
1. Designation and listing on the Clark
County heritage register is an honorary
designation denoting significant association
with the historic, architectural, archaeological,
engineering or cultural heritage of the
community. Property(ies) is (are) listed
individually or as contributing property(ies) to
an historic district.
2. Prior to the commencement of any work
associated with the significant features as
defmed in the designation of the register
property or historic district, excluding ordinary
repair, maintenance and emergency measures
defmed in Section 16.07.070, the owner must
request and receive a certificate of
appropriateness from the commission for the
proposed work.
3. Prior to whole or partial demolition of a
register property or historic district, the owner
must request and receive a waiver of a
certificate of appropriateness.
4. After demolition of a structure the
commission may initiate removal of the
property from the Clark County heritage
register.
S. While Clark County is certified as certified
local government (CLG), all properties and
15
historic districts designated on the Clark
County heritage register and the National
Register of Historic Places may be eligible for
a special tax valuation on their rehabilitation
pursuant to CMC 16.07.090.
F. Recording Designations and Listings. All
properties which are designated and listed on
the Clark County heritage register shall have a
copy of the listing recorded with the county
auditor's office. A copy of the designation and
listing letter for recording shall be forwarded to
the auditor's office by commission staff. (Ord.
2073 § 1 (part), 1996)
16.07.070 Review of changes to Clark
County heritage register
property(ies)--Design review.
A. Review Required. No person shall
construct any new building or structure, or
reconstruct, alter, restore, remodel, repair,
move, demolish or make any material change
affecting significant historic features as listed
in the designation application to any existing
property on the Clark County heritage register
or within an historic district on the Clark
County heritage register, whether the property
is contributing or noncontributing, without
review by the commission and without receipt
of a certificate of appropriateness, or in the
case of demolition, a waiver of certificate of
appropriateness, as a result of the review.
1. For individual or contributing properties,
the review shall apply to all features of the
property, interior and exterior, that contribute
to its designation and are listed on the
designation.
2. For noncontributing properties, the review
shall apply to exterior changes. The purpose of
the review in this case is to ensure that the
proposed changes do not further detract from
the property's compatibility with the historic
district, and to encourage changes which would
enhance its compatibility with the historic
district.
3. For new construction or redevelopment,
the review shall apply to the exterior of the
structure(s). The purpose of the review is to
ensure that the exterior design of the proposed
structure enhances the historic district through
conformance with the adopted design
guidelines.
This requirement shall apply whether or not
the proposed alteration also requires a building
or other permit, except as noted under
subsection B of this section. Information
required by the commission to review the
proposed changes are established in its rules
and procedures. A pre-application conference is
recommended but must be requested by the
applicant.
B. Exemptions. The following activities do
not require a certificate of appropriateness or
review by the commission:
1. Ordinary repair and maintenance activities,
including painting and emergency measures as
defmed in Section 16.07.030, which do not
affect significant historic features;
2. Ordinary repairs and maintenance which
do not alter the appearance of a significant
feature and do not utilize substitute materials
do not require a certificate of appropriateness;
3. Ifthere are no interior features of
significance, repairs to or replacement of utility
systems do not require a certificate of
appropriateness if such work does not alter a
significant feature.
C. Review Process.
1. Requests for Review and Issuance of a
Certificate of Appropriateness or Waiver. The
building or zoning official shall report any
application for a permit to work on a
designated Clark County heritage register
property or in a Clark County heritage historic
district to the commission. If the activity is not
exempt from review, the commission or staff
shall notify the applicant of the review
requirements. The building or zoning official
shall not issue any such permit until a
certificate of appropriateness or a waiver is
received from the commission but shall work
with the commission in considering building
and fire code requirements.
2. There shall be two types of reviews for
issuance of a certificate of appropriateness:
a. An administrative review by commission
staff for repairs and replacements-in-kind as
listed below, but not limited to, the following:
i. Repairs (other than ordinary repair and
maintenance) using the same materials and
design as the original,
ii. Re-roofmg using the same type and color
of material,
16
iii. Replacement of sidewalks and driveways
using the same type and color of materials,
iv. Replacement of foundations or major
portions thereof, using the same type and color
of materials,
v. Replacement of utility systems if
contributing interior features of significance are
present,
vi. Structural or seismic upgrades which do
not alter or affect significant features;
b. A public hearing review by the
commission for alterations in appearance,
replacement of historic materials, new
construction or additions, or demolition or
removal of a Clark County Heritage Register
building or cultural resource. Demolition of
structures or facilities with recognized
historical significance is also subject to the
State Environmental Policy Act.
3. When a certificate of appropriateness is
required, the following procedures shall govern
according to the type of review required.
a. Applications requiring administrative
review for certificates of appropriateness shall
be reviewed by the commission staff.
b. Applications for the certificate shall be
submitted to the commission staff on forms
provided by the commission and must include a
clear photograph or photographs of the
building, object, site or structure, a brief
description of the intended work, and samples
of replacement material for comparison with
the existing or the original building or
structure.
c. Decision of the commission staff on the
application shall be made within fifteen days
from the date on which the commission staff
receives a technically complete application.
d. The commission staff may, on his or her
own motion, refer the application to the
commission for a decision in accordance with
the procedures set forth for a public hearing
review. The time for a decision of the
commission on the application shall run from
the date that the application is referred to the
commission by the staff.
e. Appeals from the decision of the
commission staff regarding the issuance of a
certificate of appropriateness under
administrative review may be appealed to the
commission (not the hearing examiner).
4. Public Hearing Review. Alterations in
appearance, replacement of historic material
(other than in-kind), new construction or
additions. Alteration in the appearance of a
significant contributing feature, the
replacement of historic material (other than in-
kind) in a significant feature, additions to a
Clark County heritage register (CCHR) or new
construction on a CCHR property or in an
historic district, or any excavation on an
archaeological site requires a public hearing
review for a certificate of appropriateness. The
owner or hislher agent (architect, contractor,
lessee, etc.) shall apply to the commission for a
review of proposed changes on a Clark County
heritage register property or within a Clark
County heritage register historic district and
request a certificate of appropriateness or, in
the case of demolition, a waiver. Each
application for review of proposed changes
shall be accompanied by information as
required by the commission in its rules and
procedures for the review of the proposed
project. The commission staff shall meet with
the applicant and review the proposed work
according to the design review criteria
established in rules. Notice of the design
review shall be published in a newspaper of
general circulation with the agenda for a public
hearing and the property posted. The
commission shall complete its review and make
its recommendations decision within the
timelines established in CCC 17.600.080,
unless an extension of time is necessary. The
commission's decision shall be in writing and
shall state the fmdings of fact and reasons
relied upon in reaching its decision. If the
owner agrees to the commission's decision, a
certificate of appropriateness shall be awarded
by the commission according to standards
established in its rules and procedures. The
commission's recommendations and decision,
and, if awarded, the certificate of
appropriateness shall be transmitted to the
building or zoning official. If a certificate of
appropriateness is awarded, the building or
zoning official may then issue the permit.
5. Demolition. A waiver of certificate of
appropriateness is required before a permit may
be issued to allow whole or partial demolition
of a designated Clark County heritage register
17
property or in a Clark County heritage register
historic district. Demolition is subject to review
under the State Environmental Policy Act.
a. The owner or hislher agent shall attend a
pre-application conference with staff to review
demolition or alternative plans.
b. After the pre-application conference, the
owner or agent may apply to the commission
for review ofthe proposed demolition and
request a waiver of certificate of
appropriateness through a public hearing. With
the application, the applicant shall provide a
bona fide list of alternatives to demolition
(which includes, but is not limited to, economic
analysis; offers to lease, sell or dedicate site to
a private, public or nonprofit entity, and
outcome of the offer; relocation of building,
etc.)
c. Such review shall last no longer than forty-
five days from the date of application, unless
the commission fmds that an extension of time
is necessary. In no case shall the commission
extend the review period beyond an additional
forty-five days.
d. If no alternative to demolition is agreed
upon, the commission shall issue a waiver of
certificate of appropriateness. The commission
may attach to the waiver, pursuant to the public
hearing, conditions mitigating the loss of the
Clark County heritage register property.
Mitigation measures may include, but are not
limited to, an identification plaque, use of an
architectural element in new construction,
moving the building, and/or buffering of the
historic or cultural resource. The waiver and
any attached mitigation conditions shall be
transmitted to the official in charge of issuing
deniolition permits. Any attached mitigation
conditions shall become conditions of approval
should a demolition permit be granted.
e. After demolition of a property, the
commission may initiate its removal from the
Clark County heritage register.
6. Appeal of Approval or Denial of a Waiver
of a Certificate of Appropriateness. The
commission's decision regarding a waiver of a
certificate of appropriateness may be appealed
to the city council. Appeal ofthe city council's
decision regarding a waiver of a certificate of
appropriateness may be appealed to superior
court. (Ord. 2073 § 1 (part), 1996)
16.07.080 Relationship to zoning.
A. Property(ies) designated to the Clark
County heritage register shall be subject to the
provisions set forth herein, as well as the bulk,
use, setback and other controls of the zoning
district in which they are located. Nothing
contained herein shall be construed to be
repealing, modifying, or waiving any zoning
provisions.
1. Property(ies) on any historic register or the
Clark County cultural resources inventory shall
be so noted in the city's manual or electronic
permit tracking system or other database to
alert staff and public as to the presence of an
historic site, structure, object or building.
Archaeological sites are exempt from this
requirement.
2. An official county map shall indicate an
"HR-C" for "Historic or Heritage Register-
Camas" for any property listed on the national,
state or local registers, with the exception of
specific archaeological sites.
3. Property(ies) within the city listed on the
Clark County cultural resource inventory shall
be indicated on an official map(s) with an "HI-
C" for "Historic Inventory -Camas" with the
exception of specific archaeological sites.
4. Historic district boundaries approved by
the commission shall be indicated on the city's
official zoning maps.
5. Any application for development of
building permit review on a property
designated HR-C or HI-C shall be routed to
commission and city staff for review or action
pursuant to this ordinance and the
commission's rules and procedures prior to
permit approval.
B. The Clark County planning division with
assistance from city staff is responsible for
review of impacts to potential or existing
historic resources. All applications for
approval, permits, environmental assessments
or impact statements, and other similar
documents pertaining to property(ies) on the
Clark County cultural resource inventory or
adjacent property(ies) shall be reviewed by
appropriate staff or a qualified consultant.
Comments shall be forwarded to the
responsible staff for the application under
18
consideration. If a property or historic district is
on the National Register of Historic Places or
the Clark County heritage register, the
commission staff shall contact the property
owner( s) or agent( s) in writing and advise them
of the register status and applicable
requirements. (Ord. 2073 § 1 (part), 1996)
16.07.090 Review and monitoring of
property(ies) for special property tax
valuation.
This section implements the local option
special valuation tax incentive program as
established in RCW 84.26.
A. Time Lines.
1. Applications must be filed by the first day
of October with the county assessor's office
and shall be forwarded to the commission by
the assessor within ten days of filing.
2. For applications filed at least thirty days
prior to the next regularly scheduled meeting of
the commission, the case may be put on the
agenda for that meeting. If there are not thirty
days, the case will be scheduled for the next
regularly scheduled meeting of the
commission.
3. Applications shall be reviewed by the
commission before December 31st of the
calendar year in which the application is made.
4. Commission decisions regarding the
applications shall be certified in writing and
filed with the assessor within ten days of the
decision.
B. Procedure.
1. The applicant files an application for
special valuation with the county assessor's
office no later than October 1 st preceding the
tax assessment year for which they wish to
apply. A fee is required as established in CCC
17.60 and is payable to the Clark County
department of community development.
2. The assessor forwards the application(s) to
the commission within ten days of receipt of
the completed application.
3. The commission reviews the
application(s), consistent with its rules and
procedures, and determines if the application(s)
are complete and if the property(ies) meet the
criteria set forth in WAC 254-17-070(1) and
listed in subsection (C)(3) of this section.
a. If the commission finds the property(ies)
meet all the criteria, then it shall approve the
application( s).
b. If the commission determines the
property(ies) do not meet all the criteria, then it
shall deny the application(s).
4. The commission certifies its decisions in
writing and states the facts upon which the
approvals or denials are based and files copies
of the certifications with the assessor.
5. For approved applications:
a. The commission staff forwards copies of
the agreements, applications, and supporting
documentation (as required by WAC 254-17-
090(4) and identified in subsection C of this
section) to the assessor;
b. The commission staff forwards the signed
agreement and application documents to the
county auditor for recording. The applicant
shall be assessed fees for recording as provided
for in CCC 17.60 and other applicable county
codes;
c. Notifies the Washington State Advisory
Council that the property(ies) have been
approved for special valuation; and
d. Monitors the property(ies) for continued
compliance with the agreements throughout the
ten-year special valuation period. Monitoring
may include an annual site visit by staff or
commission members.
6. The commission determines in a manner
consistent with its rules of procedure, whether
or not property(ies) are disqualified from
special valuation either because of:
a. The owner's failure to comply with the
terms of the agreement; or
b. A loss of historic value resulting from
physical changes to the building or site.
7. For disqualified property(ies) pursuant to
RCW 84.26.080, the commission shall notify
the owner, assessor, and Washington State
Advisory Council in writing and state the facts
supporting its [mdings.
C. Criteria.
1. Historic Property Criteria. The class of
property eligible to apply for special valuation
in Clark County shall mean all property(ies)
listed on the National Register of Historic
Places, Clark County heritage register or
property(ies) certified as contributing to local
and/or National Register Historic Districts
which have been substantially rehabilitated at a
19
cost and within a time period which meets the
requirements set forth in RCW Chapter 84.26.
2. Application Criteria. Complete
applications shall consist of the following
documentation:
a. A legal description of the historic property;
, b. A copy of the nomination form to the
National Register of Historic Places or Clark
County heritage register for the subject
property(ies );
c. Comprehensive exterior and interior
photographs of the historic property before and
after rehabilitation. Photographs should be four
inches by six inches or five inches by seven
inches minimum format either black and white
or color, with negatives and must be clearly
labeled to identify case, location, subjects and
the direction the photograph was taken:
i. Photos taken prior to construction,
ii. Historic photos or other source materials
of replicated features,
iii. If in an historic district, a current
streetscape;
d. Architectural plans or other legible
drawings depicting the completed rehabilitation
work signed by the architect or drafts-person;
and
e. Notarized affidavit(s):
i. Attesting to the actual itemized cost of the
rehabilitation work completed prior to the date
of application, and
ii. Indicating rehabilitation work was
completed within the twenty-four month period
of time prior to application for special
valuation.
Documentation of both must be made
available to the commission;
f. Samples of utilized materials may be
required by the commission;
g. Other information as required by staff or
the commission at a pre-application meeting.
3. Property Review Criteria. In its review the
commission shall determine if the property(ies)
meet all the following criteria:
a. The property is historic property which is
designated to the local and/or national registers;
b. The property has been rehabilitated at a
cost which meets the definition set forth in
RCW 84.26.017(2) within twenty-four months
prior to the date of application; and
c. The property has not been altered in any
way which adversely affects those elements
which qualify it as historically significant as
determined by applying the Washington State
Advisory Council's Standards for the
Rehabilitation and Maintenance of Historic
Properties (WAC 254-17-100(1) and listed in
subsection (C)(4) ofthis section).
4. Rehabilitation and Maintenance Criteria.
The Washington State Advisory Council's
Standards for the Rehabilitation and
Maintenance of Historic Properties in WAC
254-17 -100 shall be used by the commission as
minimum requirements for determining
whether or not an historic property is eligible
for special valuation and whether or not the
property continues to be eligible for special
valuation and whether or not the property
continues to be eligible for special valuation
once it has been so classified.
D. Agreement. The historic preservation
special valuation agreement in WAC 254-17-
117 shall be used by the commission as the
minimum agreement necessary to comply with
the requirements ofRCW 84.26.050(2).
E. Appeals. Any decision of the commission
acting on any application for classification as
historic property, eligible for special valuation,
may be appealed to superior court under RCW
34.04.130 in addition to any other remedy of
law. Any decision on the disqualification of
historic property eligible fOF special valuation,
or any other dispute, may be appealed to the
county board of equalization. (Ord. 2073 § 1
(part), 1996)
16.07.100 Clark County cultural
resources inventory.
A. Purpose of the Inventory. The Clark
County cultural resources inventory is a tool
for planning and research, and includes those
resources believed to have cultural or historic
significance for Clark County, the region, or
the nation, regardless of current ownership.
B. Effect of Listing on the Inventory. Listing
on the Clark County cultural resources
inventory does not result in any regulatory
requirements pursuant to this chapter.
C. Application for Listing on the Inventory.
1. A property owner may make application
for listing on the inventory by completing an
inventory form available from the Clark
20
County department of community development
and submitting it to the commission staff, if the
building, structure, site, object, or district is at
least fifty years old, or is of lesser age and has
exceptional architectural, historical or cultural
importance.
2. The city of Camas or Clark County may
conduct an historic and cultural resource
inventory and make application for listing on
the inventory.
D. Listing on th~ Inventory.
1. New listings of buildings, structures, sites,
objects or districts to the inventory is subject to
review by the department of community
development together with staff from the city.
Consideration of listing shall be based upon
development of a comprehensive inventory
methodology which determines a rank order.
2. Property(ies) which are demolished shall
be maintained in the inventory records for
historical research purposes. (Ord. 2073 § 1
(part), 1996)
16.07.110 Violations and enforcement.
Violations of this chapter shall be grounds for
the commission to review the property for
removal from the register. The property owner
may also be subject to special valuation
disqualifications as stated in WAC 458-15-070
and all applicable laws. (Ord. 2073 § 1 (part),
1996)
Chapter 16.08
DEFINITIONS
16.08.010 Adoption by reference.
This chapter contains uniform usage and
defmitions of terms under SEP A. The city
adopts the following sections of WAC Chapter
197-11 by reference, as supplemented by WAC
173-805-040 above:
197-11-702 Act.
197-11-704 Action.
197-11-706 Addendum.
197-11-708 Adoption.
197-11-710 Affected tribe.
197-11-712 Affecting.
197-11-714 Agency ..
197-11-716 Applicant.
197 -11-718 Built environment.
197 -11-720 Categorical exemption.
197 -11-722 Consolidated appeal.
197-11-724 Consulted agency.
197-11-726 Cost-benefit analysis.
197-11-728 County/City.
197-11-730 Decisionmaker.
197 -11-732 Department.
197-11-734 Determination of
nonsignificance (DNS).
197-11-736 Determination of significance
(DS).
197-11-738 EIS.
197 -11-7 40 Environment.
197 -11-7 42 Environmental checklist.
197 -11-7 44 Environmental document.
197-11-746 Environmental review.
197 -11-7 48 Environmentally sensitive
area.
197 -11-7 50 Expanded scoping.
197-11-752 Impacts.
197 -11-7 54 Incorporation by reference.
197 -11-7 56 Lands covered by water.
197-11-758 Lead Agency.
197-11-760 License.
197-11-762 Local Agency.
197-11-764 Major action.
197-11-765 MitigatedDNS.
197-11-768 Mitigation.
197-11-770 Natural environment.
197-11-772 NEPA.
197-11-774 Nonproject.
197-11-776 Phased review.
21
197-11-778 Preparation.
197 -11-780 Private Project.
197 -11-782 Probable.
197-11-784 Proposal.
197-11-786 Reasonable alternative.
197-11-788 Responsible official.
197-11-790 SEP A.
197-11-792 Scope.
197-11-793 Scoping.
197 -11-794 Significant.
197-11-796 State Agency.
197-11-797 Threshold determination.
197 -11-799 Underlying governmental action.
(Prior code § 10.32.220)
Chapter 16.12
ADMINISTRATIVE PROVISIONS
Sections:
16.12.010 Adoption by reference.
16.12.020 Additional definitions.
16.12.030 Responsible official designated.
16.12.040 Lead agency-Determination.
16.12.050 Lead agency-Transfer to state.
16.12.060 Time limit consideration.
16.12.070 Additional timing considerations.
16.12.010 Adoption by reference.
The city adopts the following sections of WAC
Chapter 197-11 by reference:
197-11-040
197-11-050
197-11-055
197-11-060
197-11-070
197-11-080
197-11-090
197-11-100
Definitions.
Lead agency.
Timing of the SEP A
process.
Content of Environmental
reView.
Limitations on action
during SEP A process.
Incomplete or unavailable
information.
Supporting documents.
Information required of
applicants.
(Ord. 2443 § 1 (Exh. A (part)), 2006: prior
code § 10.32.020)
16.12.020 Additional definitions.
In addition to those definitions contained
within WAC 197-11-700 through 197-11-799,
when used in this chapter, the following terms
shall have the following meanings, unless the
context indicates otherwise:
"Department" means any division, subdivision
or organizational unit of the city established by
ordinance, rule or order.
"Early notice" means the city's response to an
"applicant stating whether it considers issuance
of a determination of significance likely for the
applicant's proposal (mitigated DNS
procedures ).
22
"Ordinance" means the ordinance, resolution,
or other procedure used by the city to adopt
regulatory requirements.
"SEP A rules" means WAC Chapter 197-11
adopted by the department of ecology. (Ord.
2443 § 1 (Exh. A (part)), 2006: prior code
§ 10.32.030)
16.12.030 Responsible official
designated.
A. For those proposals for which the city is the
lead agency, the responsible official shall be
the community development director or
designee.
B. For all proposals for which the city is the
lead agency, the responsible official shall make
the threshold determination, supervise scoping
and preparation of any required EIS, and
perform any other functions assigned to the
"lead agency" or "responsible official" by those
sections of the SEP A rules that were adopted
by reference in WAC 173-806-020.
C. The city shall retain all documents required
by the SEPA rules (WAC Chapter 197-11) and
make them available in accordance with RCW
Chapter 42.17. (Ord. 2443 § 1 (Exh. A (part)),
2006: prior code § 10.32.040)
16.12.040 Lead agency-
Determination.
A. The department within the city receiving an
application for or initiating a proposal that
involves a nonexempt action shall determine
the lead agency for that proposal under WAC
197-11-050 and WAC 197-11-922 through
WAC 197-11-940; unless the lead agency has
been previously determined or the department
is aware that another department or agency is in
the process of determining the lead agency.
B. When the city is the lead agency for a
proposal, the department receiving the
application shall determine the responsible
official who shall supervise compliance with
the threshold determination requirements, and
if an EIS is necessary, shall supervise
preparation of the EIS.
C. When the city is not the lead agency for a
proposal, all departments of the city shall use
and consider, as appropriate, either the DNS or
the fmal EIS of the lead agency in making
decisions on the proposal. No city department
__ --___ ii' ~_~ ________________________________ _
shall prepare or require preparation of a DNS
or ElS in addition to that prepared by the lead
agency, unless required under WAC 197-11-
600. In some cases, the city may conduct
supplemental environmental review under
WAC 197-11-600.
D. lfthe 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 and
resolved within fifteen days of receipt of the
determination, or the city must petition the
department of ecology for a lead agency
determination under WAC 197-11-946 within
the fifteen-day time period. Any such petition
on behalf of the city may be initiated by public
works director.
E. Departments of the city are authorized to
make agreements as to lead agency status or
shared lead agency duties for a proposal under
WAC 197-11-942 and 197-11-944; provided,
that the responsible official and any department
that will incur responsibilities as the result of
such agreement must approve the agreement.
F. Any department making a lead agency
determination for a private project shall require
sufficient information from the applicant to
identify which other agencies have jurisdiction
over the proposal (that is: which agencies
require nonexempt licenses). (Ord. 2443 § 1
(Exh. A (part)), 2006: prior code § 10.32.050)
16.12.040
16.12.050 Lead agency-Transfer to
state.
For any proposal for a private project where the
city would be the lead agency and for which
one or more state agencies have jurisdiction,
the city's responsible official may elect to
transfer the lead agency duties to a state
agency. The state agency with jurisdiction
appearing first on the priority listing in WAC
197-11-936 shall be the lead agency and the
city shall be an agency with jurisdiction. To
transfer lead agency duties, the city's
responsible official must transmit a notice of
the transfer together with any relevant
information available on the proposal to the
23
appropriate state agency with jurisdiction. The
responsible official of the city shall also give
notice of the transfer to the private applicant
and any other agencies with jurisdiction over
the proposal. (Ord. 2443 § 1 (Exh. A (part)),
2006: prior code § 10.32.060)
16.12.060 Time limit consideration.
The following time limits (expressed in
calendar days) shall apply when the city
processes licenses for all private projects and
those governmental proposals submitted to the
city by other agencies:
A. Categorical Exemptions. The city shall
identify whether an action is categorically
exempt within seven days of receiving a
completed application.
B. Threshold Determinations.
1. The city should complete threshold
determinations that can be based solely upon
review of the environmental checklist for the
proposal within fifteen days of the date an
applicant's adequate application and completed
checklist are submitted.
2. When the responsible official requires
further information from the applicant or
consultation with other agencies with
jurisdiction:
a. The city should request such further
information within fifteen days of receiving an
adequate application and completed
environmental checklist;
b. The city shall wait no longer than thirty days
for a consulted agency to respond;
c. The responsible official should complete the
threshold determination within fifteen days of
. receiving the requested information from the
applicant or the consulted agency.
3. When the city must initiate further studies,
including field investigations, to obtain the
information to make the threshold
determination, the city should complete the
studies within thirty days of receiving an
adequate application and a completed checklist.
4. The city shall complete threshold
determinations on actions where the applicant
recommends in writing that an ElS be prepared,
because of the probable significant adverse
environmental impact(s) described in the
application, within fifteen days of receiving an
adequate application and completed checklist.
(Ord. 2443 § 1 (Exh. A (part)), 2006: prior
code § 10.32.070)
16.12.060
16.12.070 Additional timing
considerations.
A. For nonexempt proposals, the DNS or draft
EIS for the proposal shall accompany the city's
staff recommendation to any appropriate
advisory body, such as the planning
commission.
B. If the city's only action on a proposal is a
decision on a building permit or other license
that requires detailed project plans and
specifications, the applicant may request in
writing that the city conduct environmental
review prior to submission of the detailed plans
and specifications. (Ord. 2443 § 1 (Exh. A
(part)), 2006: prior code § 10.32.080)
24
Chapter 16.16
CATEGORICAL EXEMPTION AND
THRESHOLD DETERMINATIONS
Sections:
16.16.010 Purpose--Adoption provisions.
16.16.020 Flexible.
16.16.025 Environmentally sensitive areas.
16.16.030 Use.
16.16.040 Environmental checklist.
16.16.050 Mitigated determination.
16.16.010 Purpose--Adoption
provisions.
This chapter contains the rules for deciding
whether a proposal has a "probable significant,
adverse environmental impact" requiring an
environmental impact statement (EIS) to be
prepared. This part also contains rules for
evaluating the impacts of proposals not
requiring an EIS. The city adopts the following
sections ofW AC Chapter 197-11 by reference,
as supplemented in this chapter:
197-11-300 Purpose of this part.
197-11-305 Categorical exemptions.
197-11-310 Threshold determination required.
197-11-315 Environmental checklist.
197-11-330 Threshold determination process.
197-11-335 Additional information.
197-11-340 Determination of
nonsignificance (DNS).
197-11-350 Mitigated DNS.
197-11-360 Determination of significance (DS)
initiation of scoping.
197-11-390 Effect of threshold determination.
(Prior code § 10.32.090)
16.16.020 Flexible.
A. The city establishes the following exempt
levels for minor new construction under WAC
197 -11-800( 1 )(b) based on local conditions:
1. For residential dwelling units in WAC 197-
11-800(1)(b)(i) (Note: Range 4 --20 units): up
to ten dwelling units;
2. For agricultural structures in WAC 197-11-
800(1)(b)(ii) (Note: Range 10,000 --30,000
square feet): up to thirty thousand square feet;
3. For office, school, commercial, recreational,
service or storage buildings in WAC 197-1-
800(l)(b)(iii) (Note: Range 4,000 --12,000
25
square feet and 20 --40 parking spaces): up to
twelve thousand square feet and up to forty
parking spaces;
4. For parking lots in WAC 197-11-
800(1)(b)(iv) (Note: Range 20 --40 parking
spaces): up to forty parking spaces;
5. For landfills and excavations in WAC 197-
11-800(1)(b)(v) (Note: Range 100 --500 cubic
yards): up to five hundred cubic yards.
B. Whenever the city establishes new exempt
levels under this section, it shall send them to
the Department of Ecology, headquarters
office, Olympia, Washington, under WAC 197-
11-800(1)(c). (Prior code § 10.32.100)
16.16.025 Environmentally sensitive
areas.
The city has adopted maps of certain areas
within the city characterized as
environmentally sensitive. These maps, which
are incorporated by reference shall be used to
generally indicate the location of lands within
the city characterized by steep slopes (fifteen
percent or greater), potentially unstable soils,
wetlands and streams/watercourses. Lands
containing such environmentally sensitive
features, as determined by site investigation or
studies, whether or not mapped, shall be
subject to the provisions of this section. To the
extent permitted by state law, the exemptions
listed in 16.16.020 and WAC 197-11-800 shall
not apply within environmentally sensitive
areas. (Ord. 1785 § 1, 1991)
16.16.030 Use.
A. Each department within the city that
receives an application for a license or, in the
case of governmental proposals, the department
initiating the proposal, shall determine whether
the license and/or the proposal is exempt. The
department's determination that a proposal is
exempt shall be [mal and not subject to
administrative review. If a proposal is exempt,
none of the procedural requirements of this title
apply to the proposal. The city shall not require
completion of an environmental checklist for
an exempt proposal.
B. In determining whether or not a proposal is
exempt, the department shall make certain the
proposal is properly defined and shall identify
the governmental licenses required (WAC 197-
11-060). If a proposal includes exempt and
nonexempt actions, the department shall
determine the lead agency, even if the license
application that triggers the department's
consideration is exempt.
C. If a proposal includes both exempt and
nonexempt actions, the city may authorize
exempt actions prior to compliance with the
procedural requirements of this chapter, except
that:
1. The city shall not give authorization for:
a. Any nonexempt action;
b. Any action that would have an adverse
environmental impact; or
c. Any action that would limit the choice of
alternatives.
2. A department may withhold approval of an
exempt action that would lead to modification
of the physical environment, when such
modification would serve no purpose if
nonexempt action(s) were not approved; and
3. A department may withhold approval of
exempt actions that would lead to substantial
financial expenditures by a private applicant
when the expenditures would serve no purpose
if nonexempt action(s) were not approved.
(Prior code § 10.32.110)
16.16.040 Environmental checklist.
A. A completed environmental checklist (or a
copy) in the form provided in WAC 197-11-
960, shall be filed at the same time as an
application for a permit, license, certificate, or
other approval not specifically exempted in this
title; except, a checklist is not needed if the city
and applicant agree an EIS is required, SEP A
compliance has been completed, or SEPA
compliance has been initiated by another
agency. The city shall use the environmental
checklist to determine the lead agency and, if
the city is the lead agency, for determining the
responsible official and for making the
threshold determination.
B. For private proposals, the city will require
the applicant to complete the environmental
checklist, providing assistance as necessary.
For city proposals, the department initiating the
proposal shall complete the environmental
checklist for that proposal.
C. The city may require that it, and not the
private applicant, will complete
26
all or part of the environmental checklist for a
private proposal, if either of the following
occurs:
1. The city has technical information on a
question or questions that is unavailable to the
private applicant; or
2. The applicant has provided inaccurate
information on previous proposals or on
proposals currently under consideration. (Prior
code § 10.32.120)
16.16.050 Mitigated determination.
A. As provided in this section and in WAC
197-11-350, the responsible official may issue
a determination of nonsignificance (DNS)
based on conditions attached to the proposal by
the responsible official or on changes to, or
clarifications of, the proposal made by the
applicant.
B. An applicant may request in writing early
notice of whether a determination of
significance (DS) is likely under WAC 197-11-
350. The request must:
1. Follow submission of a permit application
and environmental checklist for a nonexempt
proposal for which the department is lead
agency; and
2. Precede the city's actual threshold
determination for the proposal.
C. The responsible official should respond to
the request for early notice within fifteen
working days. The response shall:
1. Be written;
2. State whether the city currently considers
issuance of a DS likely and, if so, indicate the
general or specific area(s) of concern that are
leading the city to consider a DS; and
3. 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.
D. As much as possible, the city should assist
the applicant with identification of impacts to
the extent necessary to formulate mitigation
measures.
E. When an applicant submits a changed or
clarified proposal, along with a revised
environmental checklist, the city shall base its
threshold determination on the changed or
'"-.,'" n MWi!! ij~l ~_, _______________________ ""_m~_. ____ ...... ______________ _
clarified proposal and should make the
determination within fifteen days of receiving
the changed or clarified proposal:
1. If the city indicated specific mitigation
measures in its response to the request for early
notice, and the applicant changed or clarified
the proposal to include those specific
mitigation measures, the city shall issue and
circulate a determination of nonsignificance
under WAC 197-11-340(2).
2. If the city indicated areas of concern, but did
not indicate specific mitigation measures that
would allow it to issue a DNS, the city shall
make the threshold determination, issuing a
DNS or DS as appropriate.
3. The applicant's proposed mitigation
measures (clarifications, changes or conditions)
must be in writing and must be specific. For
example, proposals to "control noise" or
"prevent stormwater runoff' are inadequate,
whereas proposals to "muffle machinery to X
decibel" or "construct 200 feet stormwater
retention pond at Y location" are adequate.
4. 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.
F. A mitigated DNS is issued under WAC 197-
11-340(2), requiring a fifteen-day consent
period and public notice.
G. Mitigation measures incorporated in the
mitigated DNS 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.
H. If the city's tentative decision on a permit or
approval does not include mitigation measures
that were incorporated in a mitigated DNS for
the proposal, the city should evaluate the
threshold determination to assure consistency
with WAC 197-11-340(3)(a) (withdrawal of
DNS).
I. The city's written response under subsection
B of this section shall not be construed as a
determination of significance.· In addition,
preliminary discussion of clarifications or
changes to a proposal, as opposed to a written
request for early notice, shall not bind the city
to consider the clarifications or changes in its
threshold determination. (Prior code §
10.32.130)
27
Chapter 16.20 ENVIRONMENT IMPACT
STATEMENTS
16.20.010 Purpose--Adoption by reference.
16.20.020 Preparation.
16.20.010 Purpose--Adoption by
reference.
This article contains the rules for preparing
environmental impact statements. The city
adopts the following sections of WAC Chapter
197-11 by reference, as supplemented by this
article: '
197-11-400 Purpose ofEIS.
197-11-402 General requirements.
197-11-405 EIS types.
197-11-406 EIS timing.
197-11-408 Scoping.
197-11-410 Expanded scoping.
197-11-420 EIS preparation.
197-11-425 Style and size.
197-11-430 Format.
197-11-435 Cover letter or memo.
197-11-440 EIS contents.
197-11-442 Contents ofEIS on nonproject
proposals.
197-11-443 EIS contents when prior nonproject
EIS.
197-11-444 Elements of the environment. 197-
11-448 Relationship ofEIS to other
considerations.
197-11-450 Cost-benefit analysis.
197-11-460 Issuance of DE IS.
28
197-11-460 Issuance ofFEIS.
(Prior code § 10.32.140)
16.20.020 Preparation.
A. Preparation of draft and final EIS' sand
SEIS's is the responsibility of public works
department under the direction of the
responsible official. Before the city issues an
EIS, the responsible official shall be satisfied
that it complies with this title and WAC
Chapter 197-11.
B. The draft and final EIS or SEIS shall be
prepared by city staff, the applicant, or by a
consultant selected by the city or the applicant.
If the responsible official requires an EIS for a
proposal and determines that someone other
than the city will prepare the EIS, the
responsible official shall notify the applicant
immediately after completion of the threshold
determination. The responsible official shall
also notify the applicant of the city's procedure
for EIS preparation, including approval of the
draft and final EIS prior to distribution.
C. The city may require an applicant to provide
information the city does not possess, including
specific investigations. However, the applicant
is not required to supply information that is not
required under this title or that is being
requested from another agency. (This does not
apply to information the city may request under
another ordinance or statute.) (Prior code §
10.32.150)
Chapter 16.24 ENVIRONMENT DOCUMENTS AND HEARINGS
16.24.010 Purpose--Adoption by reference.
16.24.020 Notice.
16.24.030 Consulted agency determination.
16.24.040 Existing document use.
16.24.010 Purpose--Adoption by reference.
This chapter contains rules for consulting, commenting and responding on all environmental documents
under SEPA, including rules for public notice and hearings. The city adopts the following sections of
WAC Chapter 197-11 by reference, as supplemented in this chapter:
197-11-500 Purpose of this part.
197-11-502 Inviting comment.
197-11-504 Availability and cost of environmental documents.
197-11-508 SEPA Register.
197-11-535 Public hearings and meetings. 197-11-545 Effect of no comment.
197-11-550 Specificity of comments.
197-11-560 FEIS response to comments.
197-11-570 Consulted agency costs to assist lead agency.
(prior code § 10.32.160)
16.24.020 Notice.
A. Whenever 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:
1. If public notice is required for a nonexempt license, the notice shall state whether a DS or DNS has
been issued and when comments are due.
2. If no public notice is required for the permit or approval, the city shall give notice of the DNS or DS
by publishing notice in a newspaper of general circulation in the county, city or general area where the
proposal is located.
3. Whenever the city issues a DS under WAC 197-11-360(3), the city shall state the scoping procedure
for the proposal in the DS as required in WAC 197-11-408.
B. Whenever the city issues a draft EIS under WAC 197-11-455(5) or a supplemental EIS under WAC
197-11-620, notice of the availability of those documents shall be given by:
1. Indicating the availability of the DEIS in any public notice required for a nonexempt license; and
2. Publishing notice in a newspaper of general circulation in the county, city or general area where the
proposal is located.
C. Whenever possible, the city shall integrate the public notice required under this section with existing
notice procedures for the city's nonexempt permit(s) or approval(s) required for the proposal.
D. The city may require an applicant to complete the public notice requirements for the applicant's
proposal at his or her expense. (Prior code § 10.32.170)
16.24.030 Consulted agency determination.
A. The public works department shall be responsible for preparation of written comments for the city in
response to a consultation request prior to a threshold determination, participation in scoping and
reviewing a draft EIS.
B. This department shall be responsible for the city's complian.ce with WAC 197-11-550 whenever the
city is a consulted agency and is authorized to develop operating procedures that will ensure that
responses to consultation requests are prepared in a timely fashion and include data from all appropriate
departments of the city. (Prior code § 10.32.180)
29
16.24.040 Existing document use.
This chapter contains rules for using and supplementing existing environmental documents prepared
under SEP A or NEPA for the city's own environmental compliance. The city adopts the following
sections of WAC Chapter 197-11 by reference:
197 -11-600 When to use existing environmental documents.
197-11-610 Use ofNEPA documents.
197-11-620 Supplemental environmental impact statement--Procedures.
197-11-625 Addenda--Procedures.
197-11-630 Adoption--Procedures.
197-11-635 Incorporation by reference--Procedures.
197-11-640 Combining documents.
(Prior code § 10.32.190)
30
Chapter 16.28 SEPA AND AGENCY DECISIONS AND APPEALS
16.28.010 Purpose--Adoption by reference.
16.28.020 Policies.
16.28.030 Conditions.
16.28.040 Denial.
16.28.050 Adopted policies.
16.28.060 Appeal.
16.28.010 Purpose--Adoption by reference.
This chapter contains rules (and policies) for SEPA's substantive authority, such as decisions to mitigate
or reject proposals as a result of SEP A. This chapter also contains procedures for appealing SEPA
determinations to agencies or the courts. The city adopts the following sections of WAC Chapter 197-11
by reference:
197-11-650 Purpose of this part.
197-11-655 Implementation.
197 -11 ~660 Substantive authority and mitigation.
197 -11-680 Appeals.
197-11-700 DefInitions.
(Prior code § 10.32.200)
16.28.020 Policies.
The policies and goals set forth in this title are supplementary to those in the existing authorization of the
city. (Prior code § 10.32.21O(a»
16.28.030 Conditions.
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 pursuant to this title; and
B. Such conditions are in writing; and
C. The mitigation measures included in such conditions are reasonable and capable of being
accomplished; and
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 Section 16.28.050 of this chapter and cited in
the license or other decision document. (prior code § 1O.32.210(b»
16.28.040 Denial.
The city may deny a permit or approval for a proposal on the basis of SEP A so long as:
A. A fInding is made that approving the proposal would result in probable signifIcant adverse
environmental impacts that are identifIed in a fInal EIS or fInal supplemental EIS prepared pursuant to
this title; and
B. A fmding 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 16.28.050 of this chapter and
identifIed in writing in the decision document. (Prior code § 1O.32.21O(c»
16.28.050 Adopted policies.
The city designates and adopts by reference the following policies as the basis for the city's exercise of
authority pursuant to Sections 16.28.020 through 16.28.060:
31
________________________ ~ ________ w_r~_. ___ , __________________________ ~ ______________________ ~ ________ __
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:
1. Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;
2. Assure for all people of Washington safe, healthful, productive and aesthetically and culturally
pleasing surroundings;
3. Attain the widest range of beneficial uses of the environment without degradation, risk to health or
safety, or other undesirable and unintended consequences;
4. Preserve important historic, cultural and natural aspects of our national heritage;
5. Maintain, wherever possible, an environment which supports diversity and variety of individual
choice;
6. Achieve a balance between population and resource use which will permit high standards of living
and a wide sharing of life's amenities; and
7. 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. (Prior code § 1O.32.210(d))
16.28.060 Appeal.
Except for permits and variances issued pursuant to Chapter 18.88 of the city code (chapter relating to
shoreline management), when any proposal or action not requiring a decision of the city council is
conditioned or denied on the basis of SEPA by a nonelected official, the decision shall be appealable to
the city council. Such appeal may be perfected by the proponent or any aggrieved party by giving notice
to the responsible official within ten days of the decision being appealed. Review by the city council
shall be on a de novo basis. (Prior code § 10.32.210(e))
32
l~m [W W'l>_.I __ '_AAWJ _______ ,_~_,_~ ___________________ ....... __ ...... ___________ _
Chapter 16.32 CATEGORICAL EXEMPTIONS
16.32.010 Purpose--Adoption by reference.
16.32.010 Purpose--Adoption by reference.
The city adopts by reference the following sections of WAC Chapter 197-11 for categorical exemptions,
as supplemented in this title, including WAC 173-806-070 (flexible thresholds), WAC 173-806-080 (use
of exemptions), and WAC 173-806-190 (environmental sensitive areas):
197-11-800 Categorical exemptions.
197-11-880 Emergencies.
197-11-890 Petitioning DOE to change exemptions.
(Prior code § 10.32.230)
33
Chapter 16.36
AGENCY COMPLIANCE
Sections:
. 16.36.010 Pnrpose--Adoption by reference.
16.36.010 Pnrpose--Adoption by
reference.
This chapter contains rules for agency
compliance with SEP A, including rules for
charging fees under the SEP A process,
designating environmental sensitive areas,
listing agencies with environmental expertise,
selecting the lead agency and applying these
rules to current agency activities. The city
adopts the following sections of WAC Chapter
197 -11 by reference, as supplemented by the
WAC 173-806-045 through 043 and this
chapter:
197-11-900 Purpose of this part.
197-11-902 Agency SEPA policies.
197-11-916 Application to ongoing actions.
197-11-920 Agencies with environmental
expertise.
197-11-922 Lead agency rules.
197-11-924 Determining the lead agency. 197-
11-926 Lead agency for governmental
proposals.
197-11-928 Lead agency for public and private
proposals.
197-11-930 Lead agency for private projects
with one agency with jurisdiction.
197-11-932 Lead agency for private projects
requiring licenses from more than one agency,
when one of the agencies is a county/city.
197-11-934 Lead agency for private projects
requiring licenses from a local agency, not a
county/city, and one or more state agencies.
197-11-936 Lead agency for private projects
requiring licenses from more than one state
agency.
197-11-938 Lead agencies for specific
proposals.
197-11-940 Transfer oflead agency status to a
state agency.
197-11-942 Agreements on lead agency status.
197-11-944 Agreements on division of lead
agency duties.
34
197-11-946 DOE resolution oflead agency
disputes.
197-11-948 Assumption of lead agency status.
(Prior code § 10.32.240)
Chapter 16.40
FEES
Sections:
16.40.010 Reqnired.
16.40.020 Threshold determination.
16.40.030 Environmental impact statement.
16.40.040 Notice-Publication.
16.40.050 Copy preparation.
16.40.010 Required.
The city shall require the following fees for its
activities in accordance with the provisions of
this title. (Ord. 2443 § 1 (Exh. A (part», 2006:
prior code § 10.32.250 (part»
16.40.020 Threshold determination.
For every environmental checklist the city
reviews when it is lead agency, the city shall
collect a fee in accordance with the most
current fee schedule adopted by the city. The
time periods provided for by this title for
making a threshold determination shall not
begin to run until payment of the fee. (Ord.
2443 § 1 (Exh. A (part», 2006: Ord. 2053 § 1,
1996: prior code § 10.32.250(1»
16.40.030 Environmental impact
statement.
A. When the city is the lead agency for a
proposal requiring an EIS and the responsible
official determines that the EIS shall be
prepared by employees of the city, the city may
charge and collect a reasonable fee from any
applicant to cover costs incurred by the city in
preparing the EIS. The responsible official
shall advise the applicant(s) of the projected
costs for the EIS prior to actual preparation; the
applicant shall post bond or otherwise ensure
payment of such costs.
B. The responsible official may determine that
the city will contract directly with a consultant
for preparation of an EIS, or a portion of the
EIS, for activities initiated by some persons or
entity other than the city and may bill such
costs and expenses directly to the applicant.
Such consultants shall be selected by mutual
agreement of the city and applicant after a call
for proposals. The city may require the
35
applicant to post bond or otherwise ensure
payment of such costs.
C. If a proposal is modified so that an EIS is no
longer required, the responsible official shall
refund any fees collected under subsection A or
B of this section which remain after incurred
costs are paid. (Ord. 2443 § 1 (Exh. A (part»,
2006: prior code § 10.32.250(2»
16.40.040 Notice-Publication.
The city may collect a reasonable fee from an
applicant to cover the cost of meeting the
public notice requirements of this title relating
to the applicant's proposal. (Ord. 2443 § 1
(Exh. A (part», 2006: prior code
§ 10.32.250(3»
16.40.050 Copy preparation.
The city may charge any person for copies of
any document prepared under this title, and for
mailing the document, in a manner provided by
RCW Chapter 42.17. (Ord. 2443 § 1 (Exh. A
(part», 2006: prior code § 1 0.32.250(4»
Chapter 16.44
FORMS
Sections
16.44.010 Adoption by reference.
16.44.010 Adoption by reference.
The city adopts the following forms and
sections of WAC Chapter 197-11 by reference:
197-11-960 Environmental checklist.
197-11-965 Adoption notice.
197-11-970 Determination of
nonsignificance (DNS).
197-11-980 Determination of
significance and scoping
notice (DS).
197-11-985 Notice of assumption of
lead agency status.
197 -11-990 Notice of action.
(Prior code § 10.32.260)
36
Chapter 16.50
GENERAL PROVISIONS
Sections:
16.50.010 Purpose.
16.50.020 Authority.
16.50.030 Relationship to other regulations.
16.50.040 Severability.
16.50.050 Administrative rules.
16.50.060 Interpretation.
16.50.070 Critical areas-Regulated.
16.50.080 Best available science.
16.50.090 Applicability.
16.50.100 Exemptions.
16.50.110 Exception-Reasonable use.
16.50.120 Allowed activities.
16.50.130 Review required.
16.50.140 Critical area reporting
evaluation-Req uirements.
16.50.150 Critical area report-
Modifications to requirements.
16.50.160 Mitigation requirements.
16.50.170 Mitigation sequencing.
16.50.180 Mitigation plan requirements.
16.50.190 Innovative mitigation.
16.50.200 Unauthorized critical area
alterations and enforcement.
16.50.210 Critical area markers, signs and
fencing.
16.50.220 Notice on title.
16.50.230 Native growth protection areas-
Reserved.
16.50.240 Critical area protective
mechanism.
16.50.250 Bonds to ensure mitigation,
maintenance and monitoring.
16.50.010 Purpose.
A. The purpose of this chapter is to designate
and classify ecologically sensitive and
hazardous areas and to protect these areas and
their functions and values, while allowing for
some reasonable use of property.
B. The city finds that critical areas provide a
variety of valuable and beneficial biological
and physical functions that benefit the city of
Camas and its residents, and/or may pose a
threat to human safety or to public and private
property.
C. Goals. By managing development and
37
alteration of critical areas, this chapter seeks to:
1. Protect members of the public and public
resources and facilities from injury, loss of life,
or property damage due to landslides and steep
slope failures, erosion, seismic events or
flooding;
2. Protect unique, fragile and valuable elements
of the environment, including ground and
surface waters;
3. Direct activities not dependent on critical
area resources to less ecologically sensitive
sites and mitigate necessary impacts to critical
areas by regulating alterations in and adjacent
to critical areas; and
4. Prevent cumulative adverse environmental
impacts to critical aquifer recharge and
frequently flooded areas.
D. The regulations of this chapter are intended
to protect critical areas in accordance with the
Growth Management Act and through the
application of best available science, as
determined according to WAC 365-195-900
through 365-195-925, and in consultation with
state and federal agencies and other qualified
professionals.
E. This chapter is to be administered with
flexibility and attention to site-specific
characteristics. It is not the intent of this
chapter to make a parcel of property unusable
by denying its owner reasonable economic use
of the property.
F. The city's enactment or enforcement of this
chapter shall not be construed for the benefit of
any individual person or group of persons other
than the general public. (Ord. 2443 § 1 (Exh. A
(part)), 2006: Ord. 2367 § 2 (part), 2004)
16.50.010
16.50.020 Authority.
As provided herein, the director shall mean the
community development director or designee.
The director is given the authority to interpret
and apply, and the responsibility to enforce this
chapter to accomplish the stated purpose. (Ord.
2443 § 1 (Exh. A (part)), 2006: Ord. 2367 § 2
(part), 2004)
16.50.030 Relationship to other
regulations.
A. These critical area regulations shall apply as
an overlay and in addition to zoning and other
regulations, including the city of Camas Design
Standards Manual, adopted by the city.
B. These critical area regulations may be
applied concurrently with review conducted
under the State Environmental Policy Act
(SEPA) or other development review as
adopted.
C. In the event of a conflict with any other
provisions of this chapter, that which provides
more protection to the critical areas shall apply.
D. Compliance with the provisions of this
chapter does not constitute compliance with
other federal, state and local regulations and
permit requirements that may be required (for
example, Shoreline Substantial Development
Permits, HP A permits, Army Corps of
Engineers Section 404 permits, NPDES
permits). The applicant is responsible for
complying with all requirements, apart from
the process established in this chapter. (Ord.
2443 § 1 (Exh. A (part)), 2006: Ord. 2367 § 2
(part), 2004)
16.50.040 Severability.
If any clause, sentence, paragraph, section or
part of this chapter or the application thereof to
any person or circumstances shall be judged by
any court of competent jurisdiction to be
invalid, such order or judgment shall be
confined in its operation to the controversy in
which it was rendered. The decision shall not
affect or invalidate the remainder of any part
thereof and to this end the provisions of each
clause, sentence, paragraph, section or part of
this law are declared to be severable. (Ord.
2443 § 1 (Exh. A (part)), 2006: Ord. 2367 § 2
(part), 2004)
16.50.050 Administrative rules.
Applicable departments within the city of
Camas are authorized to adopt such
administrative rules and regulations as
necessary and appropriate to implement these
chapters and to prepare and require the use of
such forms as necessary for its administration.
The applicant shall be responsible for the
initiation, preparation, submission and expense
of all required reports, assessment(s), studies,
plans, reconnaissance(s), peer review(s) by
qualified consultants, and other work prepared
in support of or necessary to review the
38
application. (Ord. 2443 § 1 (Exh. A (part)),
2006: Ord. 2367 § 2 (part), 2004)
16.50.060 Interpretation.
In the interpretation and application of this
ordinance, the provisions of this chapter shall
be considered to be the minimum requirements
necessary, shall be liberally construed to serve
the purpose of the ordinance codified in this
chapter, and shall be deemed to neither limit
nor repeal any other provisions under state
statute. (Ord. 2443 § 1 (Exh. A (part)), 2006:
Ord. 2367 § 2 (part), 2004)
16.50.070 Critical areas-Regulated.
A. Critical areas regulated by this chapter
include wetlands (CMC 16.60), critical aquifer
recharge areas (CMC Chapter 16.70),
frequently flooded areas (CMC Chapter 16.80),
geologically hazardous areas (CMC Chapter
16.90), and fish and wildlife habitat
conservation areas (CMC Chapter 16.95).
B. All areas within the city meeting the
defmition of one or more critical area,
regardless of any formal identification, are
designated critical areas and are subject to
these provisions. (Ord. 2477 § 3, 2007: Ord.
2443 § 1 (Exh. A (part)), 2006: Ord. 2367 § 2
(part), 2004)
16.50.080 Best available science.
A. Best Available Science to be Used Must be
Consistent with Criteria. The best available
science is that scientific information applicable
to the critical area prepared by local, state or
federal natural resource agencies, a qualified
scientific professional or team of qualified
scientific professionals, that is consistent with
criteria established in WAC 365-195-900
through WAC 365-195-925.
B. Absence of Valid Scientific Information.
Where there is an absence of valid scientific
information or incomplete scientific
information relating to a critical area, leading to
uncertainty about the risk to critical area
function of permitting an alteration of or
impact to the critical area, the director shall:
1. Limit development and land use activities
until the uncertainty is sufficiently resolved;
and
2. Require an effective adaptive management
program that relies on scientific methods to
evaluate how well regulatory and
nonregulatory actions protect the critical area.
An adaptive management program is a formal
and deliberate scientific approach to taking
action and obtaining information in the face of
uncertainty. An adaptive management program
shall:
a. Address funding for the research component
of the adaptive management program;
b. Change course based on the results and
interpretation of new information that resolves
uncertainties; and
c. Commit to the appropriate timeframe and
scale necessary to reliably evaluate regulatory
and nonregulatory actions affecting protection
of critical areas and anadromous fisheries.
(Ord.2443 § 1 (Exh. A (part)), 2006: Ord.
2367 § 2 (part), 2004)
16.50.090 Applicability.
Land proposals below are subject to the
criteria, guidelines, report requirements,
conditions and performance standards in CMC
Chapters 16.50 through 16.95:
A. Binding site plan;
B. Blasting permits;
C. Commercial development;
D. Conditional use permit;
E. Light industrial or industrial development;
F. Planned residential development;
G. Short plat;
H. Subdivision;
I. Shoreline substantial development permit;
J. Unclassified use;
K. Any grading, filling or clearing of land or
logging or removal of timber on land
characterized in a critical area described in
CMC Section 16.50.070(A); and
L. Other activities as specified within CMC
Chapters 16.50 through 16.95. (Ord. 2443 § 1
(Exh. A (part)), 2006: Ord. 2367 § 2 (part),
2004)
16.50.100 Exemptions.
A. Exempt Activities. The following
developments, activities and associated uses
shall be exempt from the provisions of this
title; provided, that they are otherwise
consistent with the provisions of other local,
state and federal laws and requirements:
39
1. Emergencies. Emergency activities are those
activities necessary to prevent an immediate
threat to public health, safety or welfare, or that
pose an immediate risk of damage to private
property and that require remedial or
preventative action in a timeframe too short to
allow for compliance with the requirements of
these provisions.
An emergency response shall utilize reasonable
methods to addre~s the emergency considering
the applicable critical area(s); in addition, they
must have the least possible impact to the
critical area or its management zone. The
person or agency undertaking such action shall
notify the city within four days following
commencement of the emergency activity. If
the director determines that the action taken, or
any part of the action taken, was beyond the
scope of an allowed emergency action, then
enforcement will commence.
2. After the emergency, the person or agency
undertaking the action shall fully restore and/or
mitigate any impacts to the critical area and
management zones resulting from the
emergency action in accordance with an
approved critical area report and mitigation
plan. Restoration and/or mitigation activities
must be initiated within one year of the date of
the emergency, and completed in a timely
manner;
3. Operation, Maintenance or Repair.
Operation, maintenance or repair of existing
structures, infrastructure improvements,
utilities, public or private roads, dikes, levees
or drainage systems, that do not further alter or
increase the impact to, or encroach further
within, the critical area or management;
4. Passive Outdoor Activities. Recreation,
education and scientific research activities that
do not degrade the critical area, including
fishing, hiking and bird watching. Trails must
be constructed pursuant to CMC Section
16.50. 120(C)(4); and
5. Forest Practices. Forest practices regulated
and conducted in accordance with the
provisions of Chapter 76.09 RCW and forest
practices regulations, Title 222 WAC, and
those that are exempt from city of Camas'
jurisdiction, provided that forest practice
conversions are not exempt.
B. Exempt Activities Shall Avoid Impacts to
Critical Areas. All exempted activities shall use
reasonable methods to avoid potential impacts
to critical areas. To be exempt from these
provisions does not give permission to degrade
a critical area or ignore risk from natural
hazards. Any incidental damage to, or
alteration of, a critical area that is not a
necessary outcome of the exempted activity
shall be restored, rehabilitated, or replaced at
the responsible party's expense. (Ord. 2443 § 1
(Exh. A (part», 2006: Ord. 2367 § 2 (part),
2004)
16.50.110 Exception-Reasonable use.
A. If the application of this title would deny all
reasonable use of the subject property, the
property owner may apply for an exception
pursuant to this section.
B. Exception Request and Review Process. An
application for a reasonable use exception shall
be made to the city and shall include a critical
area application and fee; critical area report,
including mitigation plan, if necessary; and any
other related project documents, such as permit
applications to other agencies, special studies,
and environmental documents prepared
pursuant to the State Environmental Policy Act
(Chapter 43.21C RCW) (SEPA documents). A
staff report shall be prepared to include a
recommendation to the approval authority
based on review of the submitted information, a
site inspection, and the proposal's ability to
comply with reasonable use exception criteria
in subsection D of this section.
C. Public Hearing Required. A request for an
exception under this section shall be considered
through a Type III hearing process in
accordance with CMC Chapter 18.55.
D. Reasonable Use Review Criteria. The
criteria for review and approval of reasonable
use exceptions is:
1. The application of these provisions would
deny all reasonable use of the property;
2. No other reasonable use of the property has
less impact on the critical area;
3. Any alteration is the minimum necessary to
allow for reasonable use of the property; and
4. The inability of the applicant to derive
reasonable use of the property is not the result
of actions by the applicant after the effective
date of these provisions or its predecessor.
40
E. Burden of Proof. The burden of proof shall
be on the applicant to bring forth evidence in
support of the application and to provide
sufficient information on which any decision
has to be made on the application. (Ord. 2443
§ 1 (Exh. A (part», 2006: Ord. 2367 § 2 (part),
2004)
16.50.120 Allowed activities.
A. Critical Area Report not Required.
Activities which have been reviewed and
permitted or approved by the city or other
agency with jurisdiction for impacts to critical
or sensitive areas, do not require submittal of a
new critical area report or application under
this chapter, unless such submittal was required
previously for the underlying permit.
B. Required Use of Best Management
Practices. All allowed activities shall be
conducted using the best management
practices, adopted pursuant to other provisions
contained in this code, that result in the least
amount of impact to the critical areas. Best
management practices shall be used for tree
and vegetation protection, construction
management, erosion and sedimentation
control, water quality protection, and regulation
of chemical applications. The city shall monitor
the use of best management practices to ensure
that the activity does not result in degradation
to the critical area. Any incidental damage to,
or alteration of, a critical area shall be restored,
rehabilitated or replaced at the responsible
party's expense.
C. Allowed Activities. The following activities
are allowed:
1. Permit Requests Subsequent to Previous
Critical Area Review. Development permits
and approvals that involve both discretionary
land use approvals (such as subdivisions,
rezones, or conditional use permits) and
construction approvals (such as building
permits) if all of the following conditions have
been met:
a. There have been no material changes in the
potential impact to the critical area or
management zone since the prior review;
b. There is no new information available that is
applicable to any critical area review of the site
or particular critical area;
c. The permit or approval has not expired or, if
no expiration date, no more than five years has
elapsed since the issuance of that permit or
approval; and
d. Compliance with any standards or conditions
placed upon the prior permit or approval has
been achieved or secured;
2. Modification to Existing Structures.
Structural modifications, addition to, or
replacement of an existing legally constructed
structure that does not further alter or increase
the impact to the critical area or management
zone and there is no increased risk to life or
property as a result of the proposed
modification or replacement, provided that
restoration of structures substantially damaged
by fire, flood or act of nature must be initiated
within one year of the date of such damage, as
evidenced by the issuance of a valid building
permit, and diligently pursued to completion;
3. Activities Within the Improved Right-of-
Way. Replacement, installation or construction
of utility facilities, lines, pipes, mains,
equipment, or appurtenances, not including
substations, when such facilities are located
within the improved portion of the public right-
of-way or a city-authorized private roadway
except those activities that alter a wetland or
watercourse, such as culverts or bridges, or
results in the transport of sediment or increased
stormwater;
4. Public and Private Pedestrian Trails.
a. Existing public and private trails established
consistent with the city of Camas Parks and
Open Space Plan may be maintained, replaced
or extended provided there is no increase in the
impact to the critical area or management zone.
b. Other public and private pedestrian trails,
except in wetlands, fish and wildlife habitat
conservation areas, or their management zones,
subject to the following:
i. The trail surface shall meet all other
requirements including water quality standards
set forth in the city of Camas Design Standards
Manual;
ii. Critical area and/or management zone
widths shall be increased, where possible, equal
to the width of the trail corridor, including
disturbed areas; and
iii. Trails proposed to be located in landslide or
erosion hazard areas shall be constructed in a
manner that does not increase the risk of
41
landslide or erosion and in accordance with an
approved geotechnical report;
5. Selective Vegetation Removal Activities.
The following vegetation removal activities,
provided that no vegetation shall be removed
from a critical area or its management zone
without approval from the director, are
allowed:
a. The removal of invasive plant species
including Himalayan blackberry (Rubus
discolor, R. procerus), Evergreen blackberry
(Rubus laciniatus), English Ivy as well as any
other noxious weed or invasive plant species
acknowledged by the city, with hand labor and
light equipment (e.g., push mowers, powered
trimmers, etc.);
b. The removal of trees that are hazardous,
posing a threat to public safety, or posing an
imminent risk of damage to private property,
from critical areas and management zones,
provided that:
i. The applicant submits a report from a
certified arborist, registered landscape
architect, or professional forester that
documents the hazard and provides a replanting
schedule for the replacement trees;
ii. Tree cutting shall be limited to limbing and
crown thinning, unless otherwise justified by a
qualified professional. Where limbing or crown
thinning is not sufficient to address the hazard,
trees should be topped to remove the hazard
rather than cut at or near the base of the tree;
iii. The landowner shall replace any trees that
are felled or topped with new trees at a ratio of
two replacement trees for each tree felled or
topped within one year in accordance with an
approved restoration plan. Tree species that are
native and indigenous to the site and a
minimum caliper of two inches shall be used;
iv. If a tree to be removed provides critical
habitat, such as an eagle perch, a qualified
wildlife biologist shall be consulted to
determine timing and methods of removal that
will minimize impacts; and
v. Hazard trees determined to pose an imminent
threat or danger to public health or safety, or to
public or private property, or serious
environmental degradation may be removed or
topped by the landowner prior to receiving
written approval from city; provided, that
within fourteen days following such action, the
landowner shall submit a restoration plan that
demonstrates compliance with these provisions;
c. Measures to control a fIre or halt the spread
of disease or damaging insects consistent with
the State Forest Practices Act; Chapter 76.09
RCW, and Camas Fire Department
requirements; provided, that the removed
vegetation shall be replaced in-kind or with
similar native species within one year in
accordance with an approved restoration plan.
6. Chemical Applications. The application of
herbicides, pesticides, organic or mineral-
derived fertilizers, or other hazardous
substances, provided that their use shall be
restricted in accordance with Department of
Fish and Wildlife Management
Recommendations, and the regulations of the
Department of Agriculture and the U.S.
Environmental Protection Agency; 1
7. Minor Site Investigative Work. Work
necessary for land use submittals, such as
surveys, soil logs, percolation tests, and other
related activities, where such activities do not
require construction of new roads or signifIcant
amounts of excavation. In every case, impacts
to the critical area shall be minimized and
disturbed areas shall be immediately restored;
and
8. Navigational Aids and Boundary Markers.
Construction or modifIcation of navigational
aids and boundary markers. (Ord. 2443 § 1
(Exh. A (part», 2006: Ord. 2367 § 2 (part),
2004)
16.50.130 Review required.
Mapping. The approximate location and extent
of critical areas are shown on the adopted
critical area maps. These maps are to be used as
a guide for the city, project applicants and/or
property owners, and may be continually
1 More information on commercial and
residential use of chemicals can be found
in Department of Ecology "Guidance
Document for Establishment of Critical
Aquifer Recharge Areas Ordinances"
Version 3.0, Publication #97-30; and from
the state Department of Agriculture,
http://www.wa.gov/agr/.
16.50.120
------------------------------
42
updated as new critical areas are identifIed.
They are a reference and do not provide a fmal
critical area designation or delineation.
If the proposed activity is within, adjacent to,
or is likely to impact a critical area, the city
shall require a critical area report from the
applicant that has been prepared by a qualifIed
professional. If the report concludes that there
is a critical area present then the city of Camas
shall:
A. Review and evaluate the critical area report;
B. Determine whether the development
proposal conforms to the purposes and
performance standards of these provisions;
C. Assess potential impacts to the critical area
and determine if they are necessary and
unavoidable; and
D. Determine if any mitigation proposed by the
applicant is suffIcient to protect the functions
and values of the critical area and public health,
safety, and welfare concerns consistent with the
goals, purposes, objectives and requirements of .
these provisions. (Ord. 2443 § 1 (Exh. A
(part», 2006: Ord. 2367 § 2 (part), 2004)
16.50.130
16.50.140 Critical area reporting
evaluation-Requirements.
A. Incorporating Best Available Science. The
critical area report shall use scientifIcally valid
methods and studies in the analysis of critical
area data and fIeld reconnaissance and
reference the source of science used. The
critical area report shall evaluate the proposal
and the likelihood of all probable adverse
impacts to critical areas in accordance with
these provisions.
B. Minimum Report Contents. At a minimum,
the report shall contain the following:
1. The name and contact information of the
applicant, a description of the proposal, and
identifIcation of the permit requested;
2. A copy of the site plan for the development
proposal showing, identifIed critical areas,
management zones, property lines, limits of
any areas to be cleared, and a description of the
proposed stormwater management plan for the
development and consideration of impacts to
drainage alterations;
3. The dates, names and qualifIcations of the
persons preparing the report and documentation
of any fieldwork performed on the site;
4. Identification and characterization of critical
areas, wetlands, water bodies and management
zones within the proposed project area;
5. A description of reasonable efforts made to
avoid, minimize and mitigate impacts to critical
areas;
6. A proposal for financial guarantees to ensure
compliance; and
7. Any additional information required for the
critical area as specified in the corresponding
chapter.
C. Unless otherwise provided, a critical area
report may be supplemented by or composed,
in whole or in part, of any reports or studies
required by other laws and regulations or
previously prepared for and applicable to the
development proposal site, as approved by the
director. (Ord. 2443 § 1 (Exh. A (part», 2006:
Ord. 2367 § 2 (part), 2004)
16.50.150 Critical area report-
Modifications to requirements.
A. Limitations to Study Area. The director may
limit or extend the required geographic area of
the critical area report as deemed appropriate,
so long as it is within the proposed site.
B. Modifications to Required Contents. The
applicant may consult with the director prior to
or during preparation of the critical area report
to obtain city written approval for
modifications to the required contents of the
report where, in the judgment of a qualified
professional, more or less information is
required to adequately address the probable
critical area impacts and required mitigation.
C. Additional Information May be Required.
The director may require additional
information to be included in the critical area
report when determined to be necessary to the
review of the proposed activity in accordance
with these provisions. Additional information
that may be required, includes, but is not
limited to:
1. Historical data, including original and
subsequent mapping, aerial photographs, data
compilations and summaries, and available
reports and records relating to the site or past
operations at the site;
2. Grading and drainage plans; and
3. Information specific to the type, location and
43
nature of the critical area. (Ord. 2443 § 1 (Exh.
A (part», 2006: Ord. 2367 § 2 (part), 2004)
16.50.150
16.50.160 Mitigation requirements.
A. The applicant shall avoid all impacts that
degrade the functions and values of a critical
area or areas. Unless otherwise provided in
these provisions, if alteration to the critical area
is necessary, all adverse impacts to or from
critical areas and management zones resulting
from a development proposal or alteration shall
be mitigated in accordance with an approved
critical area report and SEPA documents.
B. Mitigation should be in-kind and on-site,
when possible, and sufficient to maintain the
functions and values of the critical area, and to
prevent risk from a hazard posed by a critical
area.
C. Mitigation shall only be implemented after
city approval of a critical area report that
includes a mitigation plan; and mitigation shall
be in accordance with the provisions of the
approved critical area report. (Ord. 2443 § 1
(Exh. A (part», 2006: Ord. 2367 § 2 (part),
2004)
16.50.170 Mitigation sequencing.
Applicants shall demonstrate that reasonable
efforts have been examined with the intent to
mitigate impacts to critical areas. When an
alteration to a critical area is proposed,
mitigation can be accomplished through a
variety of methods. Generally, avoiding the
impact altogether is the preferred option.
Methods to reduce impacts and mitigate for
them should follow a series of steps taken in
sequential order:
A. Avoiding the impact altogether by not
taking a certain action or parts of an action
(usually by either finding another site or
changing the location on the site);
B. Minimizing impacts by limiting the degree
or magnitude of the action and its
implementation, by using appropriate
technology, or by taking affirmative steps, such
as project design, developable area
configuration, relocation, or timing, to avoid or
reduce impacts;
C. Minimizing or eliminating the hazard by
restoring or stabilizing the hazard area through
engineered or other methods;
D. Reducing or eliminating the impact or
hazard over time by preservation and
maintenance operations during the life of the
action;
E. Compensating for the impact to critical areas
by replacing, enhancing or providing substitute
resources or environments;
F. Monitoring the hazard or other required
mitigation and taking remedial action when
necessary; and
G. Rectifying the impact to critical areas by
repairing, rehabilitating or restoring the
affected environment to the historical
conditions or the conditions existing at the time
of the initiation of the project.
Following this process is referred to as
mitigation sequencing and mitigation for
individual actions may include a combination
of the measures provided in this section. (Ord.
2443 § 1 (Exh. A (part)), 2006: Ord. 2367 § 2
(part), 2004)
16.50.170
16.50.180 Mitigation plan
requirements.
When mitigation is required, the applicant shall
submit to the city a mitigation plan as part of
the critical area report. The mitigation plan
shall include:
A. Environmental Goals and Objectives. The
mitigation plan shall include a written report
identifying environmental goals and objectives
of the compensation proposed and including:
1. A description of the anticipated impacts to
the critical areas and the mitigating actions
proposed and the purposes of the compensation
measures, including the site selection criteria;
identification of compensation goals;
identification of resource functions; and dates
for beginning and completion of site
compensation construction activities. The goals
and objectives shall be related to the functions
and values of the impacted critical area; and
2. An analysis of the likelihood of success of
the mitigation project.
B. Performance Standards. The mitigation plan
shall include measurable specific criteria for
evaluating whether or not the goals and
objectives of the mitigation project have been
successfully attained and whether or not the
44
requirements of these provisions have been
met.
C. Detailed Construction Plans. The mitigation
plan shall include written specifications and
descriptions of the mitigation proposed
including but not limited to: the proposed
construction sequence, timing and duration;
grading and excavation details; erosion and
sediment control features; a planting plan
specifying plant species, quantities, locations,
size, spacing and density; and, measures to
protect and maintain plants until established.
These written specifications shall be
accompanied by detailed site diagrams, scaled
cross-sectional drawings, topographic maps
showing slope percentage and fmal grade
elevations, and any other drawings appropriate
to show construction techniques or anticipated
fmal outcome.
D. Monitoring Program. The mitigation plan
shall include a program for monitoring
construction of the compensation project and
for assessing a completed project. A protocol
shall be included outlining the schedule for site
monitoring (for example, monitoring shall
occur in years one, three and five after site
construction), and how the monitoring data will
be evaluated to determine if the performance
standards are being met. A monitoring report
shall be submitted as needed to document
milestones, successes, problems, and
contingency actions of the compensation
project. The compensation project shall be
monitored for a period necessary to establish
that performance standards have been met, but
not for a period less than five years.
E. Contingency Plan. The mitigation plan shall
include identification of potential courses of
action, and any corrective measures to be taken
if monitoring or evaluation indicates project
performance standards are not being met.
F. Financial Guarantees. The mitigation plan
shall include financial guarantees, as
determined by the approval authority, to ensure
that the mitigation plan is fully implemented.
Financial guarantees ensuring fulfillment of the
compensation project, monitoring program, and
any contingency measures shall be posted
consistent with these provisions. (Ord. 2443 § 1
(Exh. A (part)), 2006: Ord. 2367 § 2 (part),
2004)
W'IWi Y WW RIII'IMI' " __ ~_, ___________________ ...... ________________ _
16.50.190 Innovative mitigation.
The city may encourage, facilitate and approve
innovative mitigation projects. Advance
mitigation or mitigation banking are examples
of alternative mitigation projects allowed under
the provisions of this section wherein one or
more applicants, or an organization with
demonstrated capability, may undertake a
mitigation project together if it is demonstrated
that all of the following circumstances exist:
A. Creation or enhancement of a larger system
of critical areas and open space is preferable to
the preservation of many individual habitat
areas;
B. The group demonstrates the organizational
and fiscal capability to act cooperatively;
C. The group demonstrates that long-term
management of the habitat area will be
provided;
D. There is a clear potential for success of the
proposed mitigation at the identified mitigation
site; and
E. Conducting mitigation as part of a
cooperative process does not reduce or
eliminate the required replacement ratios. (Ord.
2443 § I (Exh. A (part)), 2006: Ord. 2367 § 2
(part), 2004)
16.50.200 Unauthorized critical area
alterations and enforcement.
A. When a critical area or its management zone
has been altered in violation of these
provisions, all ongoing development work shall
stop and the critical area shall be restored. The
city shall have the authority to issue a stop
work order to cease all ongoing development
work, and order restoration, rehabilitation or
replacement measures at the owner's or other
responsible party's expense to compensate for
violation of these provisions.
B. Restoration Plan Required. Where a
violation has occurred, all development work
shall remain stopped until a restoration plan is
submitted by the property owner and/or
violator (applicant) and approved by the city.
Such a plan shall be prepared by a qualified
professional and shall describe how the actions
proposed meet the intent of requirements
described in subsection C of this section. The
director may, at the applicant's expense, seek
45
expert advice in determining the adequacy of
the plan and may impose additional
requirements to mitigate critical areas issues.
C. Minimum Performance Standards for
Restoration.
1. For alterations to critical aquifer recharge
areas and frequently flooded areas, the
following minimum performance standards
shall be met for the restoration of a critical
area, provided that if the violator can
demonstrate that greater functional and habitat
values can be obtained, these standards may be
modified:
a. The historic structural and functional values
shall be restored, including water quality and
habitat functions;
b. The historic soil types and configuration
shall be replicated;
c. The critical area and management zones shall
be replanted with native vegetation that
replicates the vegetation historically found on
the site in species types, sizes and densities;
and
d. The historic functions and values should be
replicated at the location of the alteration.
2. For alterations to frequently flooded and
geological hazardous areas, the following
minimum performance standards shall be met
for the restoration of a critical area, provided
that, if the violator can demonstrate that greater
safety can be obtained, these standards may be
modified:
a. The hazard shall be reduced to a level equal
to, or less than, the predevelopment hazard;
b. Any risk of personal injury resulting from
the alteration shall be eliminated or minimized;
and
c. The hazard area and management zones shall
be replanted with native vegetation sufficient to
minimize the hazard.
D. Enforcement. Violations and compliance
issues under these provisions are subject to
enforcement under CMC Chapter 18.55. (Ord.
2443 § 1 (Exh. A (part)), 2006: Ord. 2367 § 2
(part), 2004)
16.50.210 Critical area markers, signs
and fencing.
A. Temporary Markers. The outer perimeter of
the management zones and/or critical areas
may be required to be marked in the field in
such a way as to ensure that no unauthorized
intrusion will occur, and verified by the
director prior to the commencement of
permitted activities. This temporary marking, if
required, shall be maintained throughout
construction, and shall not be removed until
permanent signs, if required, are in place.
B. Permanent Signs. The city may require as a
condition of any permit or authorization issued
pursuant to this chapter, that the applicant
install permanent signs along the boundary of a
critical area or management zone to city
standards.
C. Fencing.
1. The director may condition any permit or
authorization issued pursuant to this chapter to
require the applicant to install a permanent
fence to city specifications at the edge of the
habitat conservation area or management zone,
when in the opinion of the city, fencing will
reasonably minimize or prevent future impacts
to the habitat conservation area.
2. Fencing installed as part of a proposed
activity or as required in this subsection shall
be designed so as to not interfere with species
migration, including fish runs, and shall be
constructed in a manner that minimizes habitat
impacts. (Ord. 2443 § 1 (Exh. A (part)), 2006:
Ord. 2367 § 2 (part), 2004)
16.50.220 Notice on title.
A. The proponent of any new development
proposal which involves a critical area or
management zone may be required to file a
notice with the Clark County records and
elections division. The notice, if required, shall
state the presence of the critical area or
management zone on the property, of the
application of these provisions to the property,
and the fact that limitations on actions in or
affecting the critical area or management zone
may exist. The notice shall run with the land.
B. This notice on title shall not be required for
a development proposal by a public agency or
public or private utility:
1. Within a recorded easement or right-of-way;
2. Where the agency or utility has been
adjudicated the right to an easement or right-of-
way; or
3. On the site of a permanent public facility.
C. The applicant shall submit proof that the
46
notice has been filed for public record before
the city approves any development proposal for
the property or, in the case of subdivisions,
short subdivisions, planned unit developments,
and binding site plans, at or before recording.
(Ord. 2443 § 1 (Exh. A (part)), 2006: Ord.
2367 § 2 (part), 2004)
16.50.230 Native growth protection
areas--Fteserved.
16.50.240 Critical area protective
mechanism.
A. Identified critical areas and their associated
buffer or management zones shall be protected
and preserved through a permanent protective
mechanism acceptable to the city. This may
include placing the critical area and its
associated buffer or management zone in a
separate tract; executing a protective easement;
or dedicating the critical area and its associated
buffer or management zone to a public agency
or public or private land trust. The mechanism
shall provide for maintenance of the critical
area and its associated buffer or management
zone.
B. If the protective mechanism includes placing
the critical area and its associated buffer or
management zone in a separate tract, then the
critical area tract(s) shall:
1. Be recorded on all documents of title of
record for all affected lots;
2. Be designated on the face of the plat or
recorded drawing in a format approved by the
city. The designation shall include the
following restriction:
a. An assurance that native vegetation will be
preserved for the purpose of preventing harm to
property and the environment, including, but
not limited to, controlling surface water runoff
and erosion, maintaining slope stability,
management zoning, and protecting plants and
animal habitat; and
b. The right of the city to enforce the terms of
the restriction.
C. The city may require that any required
critical area tract be dedicated to the city, or
held by an incorporated homeowner's
association or other legal entity. (Ord. 2443 § 1
(Exh. A (part)), 2006: Ord. 2367 § 2 (part),
2004)
______________________ ~.w_mu ___ ~ ______ ~ _________ ~ ________________ ~ ____ ~ ______________________________ ~ __ __
16.50.250 Bonds to ensure mitigation,
maintenance and monitoring.
A. When mitigation required pursuant to a
development proposal is not completed prior to
the city final permit approval, such as final plat
approval, the city shall require the applicant to
post a performance bond or other security in a
form and amount deemed acceptable by the
city. If the development proposal is subject to
mitigation, the applicant shall post a mitigation
bond or other security in a form and amount
deemed acceptable by the city to ensure
mitigation is fully functional.
B. The bond shall be in the amount of one
hundred twenty-five percent of the estimated
cost of the uncompleted actions or the
estimated cost of restoring the functions and
values of the critical area that are at risk,
whichever is greater.
C. The bond may be in the form of a surety
bond, performance bond, assignment of savings
account, or an irrevocable letter of credit
guaranteed by an acceptable fmancial
institution with terms and conditions acceptable
to the city attorney.
D. Bonds or other security authorized by this
section shall remain in effect until the city
determines, in writing, that the standards
bonded for have been met.
E. Depletion, failure, or collection of bond
funds shall not discharge the obligation of an
applicant or violator to complete required
mitigation, maintenance, monitoring or
restoration.
F. Public development proposals may be
relieved from having to comply with the
bonding requirements of this section if public
funds have previously been committed for
mitigation, maintenance, monitoring or
restoration.
G. Any failure to satisfy critical area
requirements established by law or condition
including, but not limited to, the failure to
provide a monitoring report within thirty days
after it is due or comply with other provisions
of an approved mitigation plan shall constitute
a default, and the city may demand payment of
any fmancial guarantees or require other action
authorized by the city code or any other law.
H. Any funds recovered pursuant to this section
47
shall be used to complete the required
mitigation. (Ord. 2443 § 1 (Exh. A (part)),
2006: Ord. 2367 § 2 (part), 2004)
Chapter 16.60
WETLANDS
Sections:
16.60.010 Purpose, applicability and
exemptions.
16.60.020 Rating system.
16.60.030 Critical area report-Additional
requirements for wetlands.
16.60.040 Standards.
16.60.050 Wetland permits.
16.60.010 Purpose, applicability and
exemptions.
A. Purpose.
1. Wetlands constitute important natural
resources which provide significant
environmental functions including: the control
of floodwaters, maintenance of summer stream
flows, filtration of pollutants, recharge of
groundwater, and provision of significant
habitat areas for fish and wildlife. Uncontrolled
urban-density development in and adjacent to
wetlands and designated buffer can eliminate or
significantly reduce the ability of wetlands to
provide these important functions, thereby
detrimentally affecting public health, safety,
and general welfare.
2. It is the purpose of this chapter to provide
balanced wetland protection measures which:
a. Further the goal of no net loss of wetland
acreage and functions;
b. Encourage restoration and enhancement of
degraded and low quality wetlands;
c. Provide a greater level of protection for
higher-quality wetlands;
d. Maintain consistency with federal wetland
protective measures; and
e. Respect the rights of property owners by
allowing reasonable use of property.
B. Applicability.
1. The provisions of this chapter apply to all
lands, all land uses and development activity,
and all structures and facilities in the city,
whether or not a permit or permit authorization
is required, and shall apply to every person,
firm, partnership, corporation, group,
governmental agency, or other entity that owns,
leases, or administers land within the city. No
person, company, agency, or applicant shall
48
alter a wetland or wetland buffer except as
consistent with this chapter.
2. The city will not approve any permit or
otherwise issue any authorization to alter the
condition of any land, water, or vegetation, or
to construct or alter any structure or
improvement in, over, or on a wetland or
wetland buffer, without first ensuring
compliance with the requirements of this
chapter, including, but not limited to, the
following development permits:
a. Building permit;
b. Grading permit;
c. Forest practices conversion permit;
d. Conditional use permit;
e. Shoreline conditional use permit;
f. Shoreline substantial development permit;
g. Shoreline variance;
h. Short subdivision;
i. Subdivision;
j. Planned residential development;
k. Master plan;
1. Binding site plan; or
m. Site plan or site plan review.
3. Reasonable Use Exceptions. The following
exceptions shall apply in implementing the
standards of this chapter, although the
standards shall be applied to the maximum
extent practicable to avoid and minimize
impacts on wetland functions and values.
Mitigation for unavoidable adverse impacts
shall be required. The standards of this chapter
shall not be used to preclude the following
activities in wetland areas:
a. The placement of a single-family residence
and normal accessory structures on an
otherwise legally buildable lot of record.
Standards may be applied on established
properties to limit the proposed location and
size of structures, and proposed removal of
vegetation.
i. The expansion of a home on a lot that does
not show building or development envelopes,
wetlands or wetland buffers on the recorded
plat, not to exceed twenty-five percent of the
existing building footprint;
ii. The replacement of single-wide mobile
home with another dwelling and normal
accessory structures; and
iii. Fire hazard clearing recommended by the
fire marshal, or consistent with written fire
marshal or fire chief guidelines.
b. The standards of this chapter shall not be
used to deny all reasonable economic use of
private property. The following criteria must be
met in order to verify that all reasonable
economic use of the property has been denied:
i. The application of this chapter would deny
all reasonable economic use of the property;
ii. No other reasonable economic use of the
property has less impact on the wetland and
buffer area;
iii. Any wetland or buffer alteration is the
minimum necessary to allow for reasonable
economic use of the property; and
iv. The inability of the applicant to derive
reasonable economic use of the property is not
the result of actions by the applicant after the
date of adoption of the ordinance codified in
this chapter.
c. The application of this chapter shall not be
used to deny a development proposal for a
linear facility from a public agency or public
utility, provided the agency or utility meets the
following criteria:
i. There is no practical alternative to the
proposed project with less impact on the
wetland and buffer area; and
ii. The application of this chapter would
unreasonably restrict the ability to provide
public utility services to the public.
4. Approval of a development permit
application pursuant to the provisions of this
chapter does not discharge the obligation of the
applicant to comply with the provisions of this
chapter.
C. Exemptions.
1. Exempt Activities and Impacts to Wetlands.
All exempted activities shall use reasonable
methods to avoid potential impacts to wetlands
and buffers. Exemptions from permits are not
exemptions from wetland stewardship
responsibilities. The following developments,
activities, and associated uses shall be exempt
from the provisions of this chapter; provided,
that they are otherwise consistent with the
provisions of other local, state, and federal laws
and requirements:
a. Reconstruction of damaged or destroyed
structures within the same building footprint.
Expansion or reconstruction within a new or
expanded footprint that affects a nonexempt
49
wetland or wetland buffer is subject to the
provisions of this title.
b. The harvesting or normal maintenance of
vegetation in a manner that is not injurious to
the natural reproduction of such vegetation.
c. Existing agricultural activities and structures:
i. Agricultural activities and structures in
operation at the time of adoption of the
ordinance codified in this chapter that are
affecting wetlands not associated with a
riparian corridor are exempt from regulation
under this chapter;
ii. Changes in agricultural practices within the
same "footprint" as the existing agricultural
activities in subsection (C)(1)(c)(i) of this
section, including reconstruction of existing
agricultural structures, or construction of new
agricultural structures, are exempt from
regulation under this chapter;
iii. Agricultural activities and structures in
operation at the time of adoption of the
ordinance codified in this chapter that are
affecting wetlands associated with riparian
corridors shall be regulated through CMC
Chapter 16.95.
d. The removal or eradication of noxious weeds
so designated in Title 7 of this code or other
exotic nuisance plants including non-native
blackberries; provided, that ground disturbing
heavy machinery (scraping, ripping, etc.,) is not
used. Cutting, mowing, and ground disturbance
with hand tools is allowed.
e. Site investigative work necessary for land
use application submittals such as surveys, soil
logs, and percolation tests.
f. Emergency clearing to abate immediate
danger to persons or property. For emergency
clearing of hazard trees, remove only that
portion of the hazard tree as necessary to
remediate the hazard.
g. Clearing necessary for the emergency repair
of utility or public facilities. Notification of
emergency work that causes substantial
degradation to functions and values must be
reported in a timely manner.
h. Clearing for operation, maintenance, or
repair of existing utilities or public facilities
that does not further increase the impact to, or
encroach further within, the wetland or wetland
buffer.
i. Clearing, as minimally necessary, for
placement of fencing, private wells, septic
systems or individual lot sewer, water,
electrical, or utility connections in wetland
buffers, where practical alternatives do not
exist.
j. Clearing, as minimally necessary, for stream
bank restoration, for native replanting or
enhancements in wetlands and wetland buffers.
k. Clearing, as minimally necessary, for soil,
water, vegetation and resource conservation
projects having received an environmental
permit from a public agency in wetlands and
wetland buffers.
1. Clearing, as minimally necessary, for
creating a four-foot or narrower path using
natural, wood-based or vegetated pervious
surfacing in wetlands and wetland buffers.
m. Land disturbance in wetlands and wetland
buffers cumulatively less than five cubic yards
in volume and three hundred square feet in
area; provided, that the wetland hydroperiod is
not significantly affected.
2. Exempted Wetlands. This chapter shall not
apply to the following wetlands:
a. Small. Isolated Category III wetlands less
than two thousand five hundred square feet in
area and isolated Category IV wetlands less
than four thousand three hundred fifty square
feet in area;
b. Artificial. Wetlands created from
nonwetland sites including, but not limited to,
irrigation and drainage ditches, grass-lined
swales, canals, detention facilities, wastewater
treatment facilities, stormwater facilities, farm
ponds, and landscape amenities; provided, that
wetlands created as mitigation shall not be
exempted;
c. Riparian. Wetlands fully within five feet,
measured horizontally, of bank-full width for
streams and the ordinary high water mark for
lakes which are regulated under the State
Shorelines Management Act (Chapter 90.58
RCW) or under CMC Chapter 16.95, are
exempt.
D. Interpretation.
1. This chapter shall apply in addition to zoning
and other regulations adopted by the city.
2. When there is a conflict between any
provisions of this chapter or any other
regulations adopted by the city of Camas, that
providing the most protection to affected
50
critical areas shall apply.
3. Compliance with this chapter does not
constitute compliance with other federal, state
and local regulations and permit requirements
(for example, shoreline substantial
development permits, hydraulic project
approval (HPA) permits, Section 106 of the
National Historic Preservation Act, U.S. Army
Corps of Engineers Section 404 permits,
National Pollutant Discharge Elimination
System (NPDES) permits, or DOE Section 401
Water Quality Certification). The applicant is
responsible for complying with all
requirements, apart from the provisions of this
chapter. (Ord. 2477 § 1 (Exh. A (part», 2007)
16.60.020 Rating system.
A. Designating Wetlands. Wetlands are those
areas, designated in accordance with the
Washington State Wetland Identification and
Delineation Manual or Corps of Engineers
Delineation Manual, Environmental
Laboratories, 1987, or most current editions,
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
State Identification and Delineation Manual,
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
Wetlands Rating System for Western
Washington, (Ecology publication #04-06-025,
August 2004). The rating system document
contains the definitions and methods for
determining if the criteria below are met:
I. 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
ProgramlDNR as high quality wetlands;
ii. Bogs larger than one-half acre;
iii. Mature and old growth forested wetlands
_________________ ~_, _______________ ~_w _______ ~ __ ~~~ ____________ ~--______________ ~ __________ ~
larger than one acre;
iv. Wetlands that perform many functions well,
as indicated by scoring seventy points (out of
one hundred) 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
arid 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
that meet one or more of the following criteria:
i. Wetlands identified by the Washington
Natural Heritage Program as containing
sensitive plant species;
ii. Bogs between one-fourth and one-half acre
in size;
iii. Wetlands with a moderately high level of
functions, as indicated by scoring fifty-one to
sixty-nine 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.
c. Category III. Category III wetlands are those
with a moderate level of functions, as indicated
by scoring thirty to fifty 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
less than thirty on 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
51
modifications. (Ord. 2477 § 1 (Exh. A (part»,
2007)
16.60.030 Critical area report-
Additional requirements for wetlands.
A. Prepared by a Qualified Professional. A
critical areas report for wetlands shall be
prepared by a qualified professi<;>nal who is a
wetland biologist with experience preparing
wetland reports.
B. Area Addressed in Critical Area Report. In
addition to the requirements of CMC Chapter
16.50, the following areas shall be addressed in
a critical area report for wetlands:
1. Within a subject parcel or parcels, the project
area of the proposed activity;
2. All wetlands and recommended buffer zones
within three hundred feet of the project area
within the subject parcel or parcels;
3. All shoreline areas, water features,
floodplains, and other critical areas, and related
buffers within three hundred feet of the project
area within the subject parcel or parcels;
4. The project design and the applicability of
the buffers based on the proposed layout and
the level of land use intensity; and
5. Written documentation from the qualified
professional demonstrating compliance with
the requirements of this chapter.
C. Wetland Determination. In conjunction with
the submittal of a development permit
application, the responsible official shall
determine the probable existence of a wetland
on the subject parcel. Ifwetland or wetland
buffers are found to likely exist on the parcel,
wetland delineation is required.
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 Wetlands
Delineation Manual. 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:
a. USGS quadrangle map with site clearly
defmed;
b. Topographic map of area;
c. National wetland inventory map showing
site;
d. Soil conservation service soils map showing
site;
e. Site map, at a scale no smaller than one inch
equals one hundred feet (a scaling ratio of one
is to one thousand two hundred), if practical,
showing the following information:
i. Wetland boundaries,
ii. Sample sites and sample transects,
iii. Boundaries of forested areas,
iv. Boundaries of wetland classes if multiple
classes exist;
f. Discussion of methods and results with
special emphasis on technique used from the
Wetlands Delineation Manual;
g. Acreage of each wetland on the site based on
the survey if the acreage will impact the buffer
size determination or the project design;
h. All completed field data sheets per the
Wetlands Delineation Manual, numbered to
correspond to each sample site.
E. Wetland Analysis. In addition to the
minimum required contents of subsection D of
this section, and in addition to CMC 16.50.170,
a critical area report for wetlands shall contain
an analysis of the wetlands including the
following site-and proposal-related
information at a minimum:
1. A discussion of measures, including
avoidance, minimization and mitigation,
proposed to preserve existing wetlands and
restore any wetlands that were degraded prior
to the current proposed land use activity.
2. Proposed mitigation, if needed, including a
written assessment and accompanying maps of
the mitigation area, including the following
information at a minimum:
a. Existing and proposed wetland acreage;
b. Vegetative, faunal, and hydrologic
conditions;
c. Relationship within watershed and to
------------------.,-------------
52
existing water bodies;
d. Soil and substrate conditions, topographic
elevations;
e. Existing and proposed adjacent site
conditions;
f. Required wetland buffers; and
g. Property ownership.
3. A discussion of ongoing management
practices that will protect wetlands after the
project site has been developed; including
proposed monitoring and maintenance
programs.
When deemed appropriate, the director may
also require the critical area report to include an
evaluation by the Department of Ecology or an
independent qualified expert regarding the
applicant's analysis and the effectiveness of
any proposed mitigating measures or programs,
and to include any recommendations as
appropriate. (Ord. 2477 § 1 (Exh. A (part»,
2007)
16.60.040 Standards.
A. Activities and uses shall be prohibited from
wetlands and wetland buffers, except as
provided for in this chapter.
B. Wetland Buffers.
Buffers. Wetland buffer widths shall be
determined by the responsible official in
accordance with the standards below:
1. All buffers shall be measured horizontally
outward from the delineated wetland boundary
or, in the case of a stream with no adjacent
wetlands, the ordinary high water mark as
surveyed in the field.
2. Buffer widths are established by comparing
the wetland rating category and the intensity of
land uses proposed on development sites per
Table 16.60.040-1, 16.60.040-2, 16.60.040-3
and 16.60.040-4. For Category IV wetlands, the
required water quality buffers, per Table
16.60.040-1, are adequate to protect habitat
functions.
Table 16.60.040-1. Buffers Required to
Protect Water Quality Fullctions
i=~~~~~;~Sity· ~t~~I.~~s:_
19~t~~?ry}.... 50 ft. 'I 75 ft. :1.... 100 ft.
il,~I1!~~?ryg,.... ........ . 50 ft ........... )t.. .,.'.'.' ............ ?? .. !!:. ',' ...... , ....... ,., ..... ,1 ..... ~.9.9 .. !!: .. . .. ,
. ~goryIII II 40ft. .il ............... 6g,~: Ju 80ft.
'I 'I 'I 'I :.5;~~~g?ry!Y.......... . ............ J.m ................ ~? .. !!:.... . ... ,.Jww." ........ ~Q .. !!.: ............... I.,....... 50ft.
Table 16.60.040-2. Buffers Required to Protect Habitat
''''''''''lTfl~'''' I and II Wetlands
See Table
.60.040-1
60 ft. 75 ft.
70 85 100
80 95 120
90 105 140
=w . .w.~,=V.=·=.wh=N===·.'=
100 160
25 180
26 200
220
150
Table 16.60.040-3. Buffers Required to Protect Habitat Functions in Category III Wetlands
II Habitat Score i; the l Low Intensity I' Moderate Intensity : I High Intensity
. Rating Form; Use Use I Use l...... ..... ................................ .. .......................................... '"","':;;;;;;;"'=====-"'1 I 20 points or less See Table :1 See Table 16.60.040-1 il See Table
L. 16.60.040-1: .' .......1 16:~0·2~0-1
., I '1 :1 1 21 . ....1 ........ 45 ft ............... I...(j?~:,1 90 ft.
[ . 22 .......... 11 50 . .... ... 1.......79.:1 100
23 i 55 80! 110
............... 24 ... , ............... ' 60 90! I 120 I.. 25 65 ft. 100 ft. I 130 ft.
I 26 70 'I 1 .... 2}p?i~!~ ?!.~~~!~! 75 ft. 110 ft. :1r===15=0=ft=. =;;;;;;;;1
140
53
Table 16.60.040-4. Land Use Intensi1:y Matrixi
'=~·~··~~~·==[~LL · Parks and I Streets! Stormwater! Utilities' Commerciall! Residentiae
Recreation and I Facilities· ' Industrial I
Road~, ...... I ............................. , .. , .. ~ .......... , ..... I .......................... ,., ............................ , ... , ..... : .. " ...... , ... ".''' ....... ~ .... ~. ,~.~~~~~~."'.",'
Low Natural NA Outfalls, Underground NA Density at
fields and spreaders, and or lower
grass areas, constructed overhead than 1 unit
viewing wetlands, utility lines, per 5 acres
areas, split bioswales, manholes,
rail fencing vegetated power poles
detention (without
basins, footings)
overflows
,.
Moderate; Impervious Residentiall Wet ponds Maintenance' NA Density
trails, driveways access roads between 1
engineered and access unit per acre
fields, roads i and higher
fairways ! than 1 unit
, per 5 acres
...... ,'"
High : Greens, Public and Maintenance Paved or All site Density
i tees, private access concrete development higher than
· structures, streets, roads, surfaces, 1 unit per
parking, security retaining structures, acre
lighting, fencing, walls, facilities,
concrete or retaining , vaults, pump
i
gravel walls infiltration stations,
pads, ! basins, towers,
security sedimentatio I vaults,
i
fencing n fore bays security
and fencing, etc.
, structures,
· security
........................J fencing
..............................................
1 The responsIble offiCial shall determme the mtensity categones apphcable to proposals should charactenstics not
be specifically listed in Table 16.06.060-4.
2 Measured as density averaged over a site, not individual lot sizes.
3. In residential plats and subdivisions,
wetlands and wetland buffers shall be placed
within a nonbuildable tract with the following
exceptions:
a. Creation of a nonbuildable tract would result
in violation of minimum lot depth standards; or
b. The responsible official determines a tract is
impractical;
c. Where the responsible official determines the
exceptions in subsection (B)(3)(a) or (B)(3)(b)
of this section are applicable, residential lots
54
may extend into wetlands and wetland buffers;
provided, that all the requirements of
subsection C of this section are met.
4. Adjusted Buffer Width.
a. Adjustments Authorized by Wetland
Permits. Adjustments to the required buffer
width are authorized by Section 16.60.050(D)
of this section upon issuance of a wetland
permit.
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:
i. Preexisting roads, structures, or vertical
separation shall be excluded from buffers
otherwise required by this chapter;
ii. Distinct portions of wetlands with reduced
habitat functions that are components of
wetlands with an overall habitat rating score
greater than twenty points shall not be subject
to the habitat function buffers designated in
Table 16.60.040-2 and Table 16.60.040-3 if all
of the following criteria are met:
(A) The area of reduced habitat function is at
least one acre in size,
(B) The area supports less than five native plant
species and does not contain special habitat
features,
(C) The area of reduced habitat function has
low or no interspersion of habitats as defined in
Section RIA of the rating form,
(D) The area does not meet any WDFW
priority habitat or species criteria, and
(E) The required habitat function buffer is
provided for all portions of the wetland that do
not have reduced habitat function.
C. Standard Requirements. Any action granting
or approving a development permit application
shall be conditioned on all the following:
1. Marking Buffer During Construction. The
location of the outer extent of the wetland
buffer shall be marked in the field and such
markings shall be maintained throughout the
duration of the permit.
2. Permanent Marking of Buffer Area. A
permanent physical demarcation along the
upland boundary of the wetland buffer area
shall be installed and thereafter maintained.
Such demarcation may consist of logs, a tree or
hedge row, fencing, or other prominent
physical marking approved by the responsible
official. In addition, small signs shall be posted
at an interval of one per lot or every one
hundred feet, whichever is less, and perpetually
maintained at locations along the outer
perimeter of the wetland buffer approved by
the responsible official worded substantially as
follows:
Wetland and Buffer-Please retain in a natural
state.
3. A conservation covenant shall be recorded in
a form approved by the prosecuting attorney as
55
adequate to incorporate the other restrictions of
this section and to give notice of the
requirement to obtain a wetland permit prior to
engaging in regulated activities within a
wetland or its buffer.
4. In the cases of plats, short plats, and
recorded site plans, include on the face of such
instrument the boundary of the wetland and its
buffer and a reference to the separately
recorded conservation covenant provided for in
subsection (C)(3) of this section.
D. Standard Requirements-Waivers. The
responsible official shall waive the
requirements of Section 16.60.030(D) and
subsection B of this section in certain cases
described below if the applicant designates
development envelopes which are clearly
outside of any wetland or buffer. The
responsible official may require partial wetland
delineation to the extent necessary to ensure
eligibility for this waiver:
1. Residential building permits and home
businesses;
2. Site plan reviews where the responsible
official determines that all development is
clearly separated from the wetlands and
wetland buffers:
a. Development envelopes shall be required for
a fully complete preliminary application,
b. Development envelopes shall be shown on
the final site plan, and
c. A note referencing the development
envelopes shall be placed on the final site plan.
(Ord. 2477 § 1 (Exh. A (part», 2007)
16.60.050 Wetland permits.
A. General.
1. A wetland permit is required for any
development activity that is not exempt
pursuant to Section 16.60.010(C) within
wetlands and wetland buffers.
2. Standards for wetland permits are provided
in subsections B, C and D of this section.
3. All wetland permits require approval of a
preliminary and fmal enhancement/mitigation
plan in accordance with the provisions of
subsection E of this section unless the
preliminary enhancement/mitigation plan
requirement is waived under the provisions of
subsection (E)(2) of this section.
4. Wetland permit application, processing,
preliminary approval, and final approval
procedures are set out in subsections F through
I of this section.
5. Provisions for programmatic permits are
provided by subsection K of this section.
6. Provisions for emergency wetland permits
are provided by subsection L of this section.
B. Standards-General. Wetland permit
applications shall be based upon a mitigation
plan and shall satisfy the following general
requirements:
1. The proposed activity shall not cause
significant degradation of wetland functions;
2. The proposed activity shall comply with all
state, local and federal laws, including those
related to sediment control, pollution control,
floodplain restrictions, stormwater
management, and on-site wastewater disposal.
C. Buffer Standards and Authorized Activities.
The following additional standards apply for
regulated activities in a wetland buffer:
1. Buffer Reduction Incentives. Standard buffer
widths may be reduced under the following
conditions, provided that functions of the post-
project wetland are equal to or greater after use
of these incentives.
a. Lower Impact Land Uses. The buffer widths
recommended for proposed land uses with
high-intensity impacts to wetlands can be
reduced to those recommended for moderate-
intensity impacts ifboth of the following
criteria are met:
i. A relatively undisturbed, vegetated corridor
at least one hundred feet wide is protected
between the wetland and any other priority
habitats that are present as defmed by the
Washington State Department ofFish and
Wildlife*; and
ii. Measures to minimize the impacts of the
land use adjacent to the wetlands are applied,
such as infiltration of stormwater, retention of
as much native vegetation and soils as possible,
direction of noise and light away from the
wetland, and other measures that may be
suggested by a qualified wetlands professional.
* If priority habitats are not present in the
vicinity of the proposed land use, criterion (ii)
is sufficient for buffer width reductions. The
development of these measures and their
review by the city, which may include referral
to independent qualified professionals, shall be
56
at the applicant's expense. Ifproposed future
land uses are more intense, they are not eligible
to maintain this reduction.
b. Restoration. Buffer widths may be reduced
up to twenty-five percent if the buffer is
restored or enhanced from a pre-project
condition that is disturbed (e.g., dominated by
invasive species), so that functions of the post-
project wetland and buffer are equal or greater.
To the extent possible, restoration should
provide a vegetated corridor of a minimum one
hundred feet wide between the wetland and any
other priority habitat areas as defined by the
Washington State Department ofFish and
Wildlife. The habitat corridor must be
protected for the entire distance between the
wetland and the priority habitat area by some
type of permanent legal protection such as a
covenant or easement. The restoration plan
must meet requirements in subsection D of this
section for a mitigation plan and this section for
a critical area report.
c. Combined Reductions. Buffer width
reductions allowed under subsections (C)(1)(a)
and (C)(I)(b) of this section may be added
provided that minimum buffer widths shall
never be less than fifty feet for all Category I,
Category II and Category III wetlands, and
twenty-five feet for all Category IV wetlands.
2. Buffer Averaging. Averaging buffers is
allowed in conjunction with any of the other
provisions for reductions in buffer width (listed
in subsection (C)(1) of this section) provided
that minimum buffer widths listed in subsection
(C)(1)(c) of this section are adhered to. The
community development department shall have
the authority to average buffer widths on a
case-by-case basis, where a qualified wetlands
professional demonstrates, as part of a critical
area report, that all of the following criteria are
met:
a. The total area contained in the buffer after
averaging is no less than that contained within
the buffer prior to averaging;
b.Decreases in width are generally located
where wetland functions may be less sensitive
to adjacent land uses and increases are
generally located where wetland functions may
be more sensitive to adjacent land uses, to
achieve no net loss or a net gain in functions;
c. The averaged buffer, at its narrowest point,
shall not result in a width less than seventy-five
percent of the required width, provided that
minimum buffer widths shall never be less than
fifty feet for all Category I, Category II and
Category III wetlands and twenty-five feet for
all Category IV wetlands; and
d. Effect of Mitigation. If wetland mitigation
occurs such that the rating of the wetland
changes, the requirements for the category of
the wetland after mitigation shall apply.
3. Stormwater Facilities. Stormwater facilities
are only allowed in buffers of wetlands with
low habitat function (less than twenty 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:
a. Removal of trees greater than four inches
diameter at four and one-half feet above the
ground or greater than twenty feet in height;
b. Disturbance of plant species that are listed as
rare, threatened or endangered by the city,
county or any state or federal management
agency;
c. The construction of concrete structures other
than manholes, inlets, and outlets that are
exposed above the normal water surface
elevation of the facility;
d. The construction of maintenance and access
roads;
e. Slope grading steeper than four to one
horizontal to vertical above the normal water
surface elevation of the stormwater facility;
f. The construction of pre-treatment facilities
such as fore bays, sediment traps, and pollution
control manholes;
g. The construction of trench drain collection
and conveyance facilities;
h. The placement of fencing; and
i. The placement of rock and/or riprap, except
for the construction of flow spreaders, or the
protection of pipe outfalls and overflow
spillways; provided, that buffer functions for
areas covered in rock and/or riprap are
replaced.
57
4. Road and Utility Crossings. Crossing buffers
with new roads and utilities is allowed
provided all the following conditions are met:
a. Buffer functions, as they pertain to
protection ofthe adjacent wetland and its
functions, are replaced; and
b. Impacts to the buffer and wetland are
minimized.
5. Other Activities in a Buffer. Regulated
activities not involving stormwater
management, road and utility crossings, or a
buffer reduction via enhancement are allowed
in the buffer if all the following conditions are
met:
a. The activity is temporary and will cease or
be completed within three months of the date
the activity begins;
b. The activity will not result in a permanent
structure in or under the buffer;
c. The activity will not result in a reduction of
buffer acreage or function;
d. The activity will not result in a reduction of
wetland acreage or function.
D . Standards-Wetland Activities. The
following additional standards apply to the
approval of all activities permitted within
wetlands under this section:
1. Sequencing. Applicants shall demonstrate
that a range of project alternatives have been
given substantive consideration with the intent
to avoid or minimize impacts to wetlands.
Documentation must demonstrate that the
following hierarchy of avoidance and
minimization has been pursued:
a. Avoid impacts to wetlands unless the
responsible official finds that:
i. For Category I and II wetlands, avoiding all
impact is not in the public interest or will deny
all reasonable economic use of the site;
ii. For Category ill and IV wetlands, avoiding
all impact will result in a project that is either:
(A) Inconsistent with the city of Camas
comprehensive plan,
(B) Inconsistent with critical area conservation
goals, or
(C) Not feasible to construct.
b. Minimize impacts to wetlands if complete
avoidance is infeasible. The responsible official
must fmd that the applicant has limited the
degree or magnitude of impact to wetlands by
using appropriate technology and by taking
affinnative steps to reduce impact through
efforts such as:
i. Seeking easements or agreements with
adjacent land owners or project proponents
where appropriate;
ii. Seeking reasonable relief that may be
provided through application of other city
zoning and design standards;
iii. Site design; and
iv. Construction techniques and timing.
c. Compensate for wetland impacts that will
occur, after efforts to minimize have been
exhausted. The responsible official must find
that:
i. The affected wetlands are restored to the
conditions existing at the time of the initiation
of the project;
ii. Unavoidable impacts are mitigated in
accordance with this subsection; and
iii. The required mitigation is monitored and
remedial action is taken when necessary to
ensure the success of mitigation activities.
2. Location of Wetland Mitigation. Wetland
mitigation for unavoidable impacts shall be
located using the following prioritization:
a. On-Site. Locate mitigation according to the
following priority:
i. Within or adjacent to the same wetland as the
impact,
ii. Within or adjacent to a different wetland on
the same site;
b. Off-Site. Locate mitigation within the same
watershed or use an established wetland
mitigation bank; the service area detennined by
the mitigation bank review team and identified
in the executed mitigation bank instrument;
c. In-Kind. Locate or create wetlands with
similar landscape position and the same hydro-
geomorphic (HGM) classification based on a
reference to a naturally occurring wetland
system; and
d. Out-of-Kind. Mitigate in a different
landscape position and/or HGM classification
based on a reference to a naturally occurring
wetland system.
3. Types of Wetland Mitigation. The various
types of wetland mitigation allowed are listed
below in the general order of preference.
a. Restoration. The manipulation of the
physical, chemical, or biological characteristics
of a site with the goal of returning natural or
58
historic functions to a fonner or degraded
wetland. For the purpose of tracking net gains
in wetland acres, restoration is divided into:
i. Re-Establishment. The manipulation of the
physical, chemical, or biological characteristics
of a site with the goal of returning natural or
historic functions to a fonner wetland. Re-
establishment results in a gain in wetland acres
(and functions). Activities could include
removing fill material, plugging ditches, or
breaking drain tiles.
ii. Rehabilitation. The manipulation of the
physical, chemical, or biological characteristics
of a site with the goal of returning natural or
historic functions to a degraded wetland. Re-
establishment results in a gain in wetland
function, but does not result in a gain in
wetland acres. Activities could involve
breaching a dike to reconnect wetlands to a
floodplain or return tidal influence to a
wetland.
b. Creation (Establishment). The manipulation
of the physical, chemical, or biological
characteristics of a site with the goal of
developing a wetland on an upland or
deepwater site where a wetland did not
previously exist. Establishment results in a gain
in wetland acres. Activities typically involve
excavation of upland soils to elevations that
will produce a wetland hydroperiod, create
hydric soils, and support the growth of
hydrophytic plant species.
c. Enhancement. The manipulation of the
physical, chemical, or biological characteristics
of a wetland site to heighten, intensify, or
improve the specific function(s) or to change
the growth stage or composition of the
vegetation present. Enhancement is undertaken
for specified purposes such as water quality
improvement, floodwater retention, or wildlife
habitat. Enhancement results in a change in
some wetland functions and can lead to a
decline in other wetland functions, but does not
result in a gain in wetland acres. Activities
typically consist of planting vegetation,
controlling non-native or invasive species,
modifying site elevations or the proportion of
open water to influence hydroperiods, or some
combination ofthese activities.
d. ProtectionlMaintenance (Preservation).
Removing a threat to, or preventing the decline
of, wetland conditions by an action in or near a
wetland. This includes the purchase of land or
easements repairing water control structures or
fences, or structural protection such as
repairing a barrier island. This term also
includes activities commonly associated with
the term preservation.
Preservation does not result in a gain of
59
wetland acres, but may result in improved
wetland functions.
4. Wetland Mitigation Ratios.
a. Standard Wetland Mitigation Ratios. The
following mitigation ratios for each of the
mitigation types described in subsections
(D)(3)(a) through (D)(3)(c) of this section
apply:
b. Preservation. The responsible official has the
authority to approve preservation of existing
wetlands as wetland mitigation under the
following conditions:
i. The wetland area being preserved is a
Category I or II wetland or is within a WDFW
priority habitat or species area;
ii. The preservation area is at least one acre in
size;
iii. The preservation area is protected in
Functioning:
Buffer ,
1:1 RIC and
20:1 E
24:1
1:1 RIC and 6:1 ! •. I"
RH !
11
1:1 RIC and
12:1 E
16:1
:.1 ,
.....
perpetuity by a covenant or easement that gives
the city clear regulatory and enforcement
authority to protect existing wetland and
wetland buffer functions with standards that
exceed the protection standards of this chapter;
iv. The preservation area is not an existing or
proposed wetland mitigation site; and
v. The following preservation/mitigation ratios
apply:
and/or
Degraded
60
c. The responsible official has the authority to
reduce wetland mitigation ratios under any of
the following circumstances:
i~ Documentation by a qualified wetland
specialist demonstrates that the proposed
mitigation actions have a very high likelihood
of success based on prior experience;
ii. Documentation by a qualified wetland
specialist demonstrates that the proposed
actions for compensation will provide functions
and values that are significantly greater than
the wetland being affected;
iii. The proposed actions for compensation are
conducted in advance of the impact and are
shown to be successful;
iv. In wetlands where several HGM
classifications are found within one delineated
wetland boundary, the areas of the wetlands
within each HGM classification can be scored
and rated separately and the mitigation ratios
adjusted accordingly, if all the following apply:
(A) The wetland does not meet any of the
criteria for wetlands with "Special
Characteristics," as defined in the rating
system,
(B) The rating and score for the entire wetland
is provided as well as the scores and ratings for
each area with a different HGM classification,
(C) Impacts to the wetland are all within an
area that has a different HGM classification
from the one used to establish the initial
category, and
(D) The proponents provide adequate
hydrologic and geomorphic data to establish
that the boundary between HGM classifications
lies at least fifty feet outside of the footprint of
the impacts.
5. Alternate Wetland Mitigation.
a. Wetland Mitigation Banking.
i. Construction, enhancement or restoration of
wetlands to use as mitigation for future wetland
development impacts is permitted subject to the
following:
(A) A wetland permit shall be obtained prior to
------------------
61
Buffer
any mitigation banking. If a wetland permit is
not obtained prior to mitigation bank
construction, mitigation credit shall not be
awarded. On projects proposing off-site
wetland banking in addition to required
wetland mitigation, a separate wetland permit
shall be required for each activity. The
performance and maintenance bond
requirements of subsections (H)(3)( c) and
(H)(3)(d) of this section shall not be applicable,
provided there are no requests for mitigation
credit prior to the city determining the
mitigation banking is successful. If mitigation
banking is not fully functioning, as defmed in
the wetland permit, at the time mitigation credit
is requested, subsections (H)(3)(c) and
(H)(3)(d) of this section shall apply,
(B) Federal and state wetland regulations, if
applicable, may supersede city requirements;
ii. The mitigation credit allowed will be
determined by the city, based on the wetland
category, condition and mitigation ratios as
specified in subsection (D)(4) of this section.
Prior to granting mitigation banking credit, all
wetland mitigation banking areas must comply
with Sections 16.60.040(E)(4)(b) and (c), and,
if applicable, subsection (H)(3) of this section;
iii. On projects proposing off-site wetland
banking in addition to required wetland
mitigation, a separate permit fee will be
required for each activity;
iv. Purchase of banked wetland credits is
permitted to mitigate for wetland impacts in the
same watershed provided the applicant has
minimized wetland impacts, where reasonably
possible, and the following requirements are
met:
(A) Documentation, in a form approved by the
prosecuting attorney, adequate to verify the
transfer of wetland credit shall be submitted,
and
(B) A plat note along with information on the
title shall be recorded in a form approved by
the prosecuting attorney as adequate to give
notice of the requirements of this section being
met by the purchase of banked wetland credits.
b. Cumulative Effects Fund. The city may
accept payment of a voluntary contribution to
an established cumulative effects fund for off-
site watershed scale habitat and wetland
conservation in lieu of wetland mitigation of
unavoidable impacts in the following cases:
i. Residential building and home business
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.
6. Stormwater Facilities. Stormwater facilities
are allowed in wetlands with habitat scores less
than twenty 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 fmds 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)(d) prior to discharge
into the wetland.
7. Utility Crossings. Crossing wetlands by
utilities is allowed, provided the activity is not
prohibited by subsection (D)(1) of this section,
and provided all the following conditions are
met:
a. The activity does not result in a decrease in
wetland acreage or classification;
b. The activity results in no more than a short-
term six month decrease in wetland functions;
and
c. Impacts to the wetland are minimized.
8. Other Activities in a Wetland. Activities not
involving stormwater management, utility
crossings, or wetland mitigation are allowed in
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a wetland, provided the activity is not
prohibited by subsection (D)(1) of this section,
and provided all the following conditions are
met:
a. The activity shall not result in a reduction of
wetland acreage or function; and
b. The activity is temporary and shall cease or
be completed within three months of the date
the activity begins.
E. Mitigation Plans.
1. General. Mitigation plans are required for
activities in a buffer or wetland. Content
requirements which are inappropriate and
inapplicable to a project may be waived by the
responsible official upon request of the
applicant at or subsequent to the pre-
application consultation provided for in
subsection (F)(1) of this section. .
2. Preliminary Mitigation Plan. The purpose of
the preliminary plan is to determine the
feasibility of the project before extensive
resources are devoted to the project. The
responsible official may waive the requirement
for a preliminary mitigation plan when a
wetland permit is not associated with a
development permit application (listed in
Section 16.60.01O(B». The preliminary
mitigation plan consists of two parts: baseline
information for the site and a conceptual plan.
If off-site wetland mitigation is proposed,
baseline information for both the project site
and mitigation site is required.
a. Baseline information shall include:
i. Wetland delineation report as described in
Section 16.60.030(D)(2);
ii. Copies of relevant wetland jurisdiction
determination letters, if available, such as
determinations of prior converted crop lands,
correspondence from state and federal agencies
regarding prior wetland delineations, etc.;
iii. Description and maps of vegetative
conditions at the site;
iv. Description and maps of hydrological
conditions at the site;
v. Description of soil conditions at the site
based on a preliminary on-site analysis;
vi. A topographic map of the site; and
vii. A functional assessment of the existing
wetland and buffer.
(A) Application of the rating system in Section
16.60.020(B) will generally be considered
sufficient for functional assessment,
(B) The responsible official may accept or
request an alternate functional assessment
methodology when the applicant's proposal
requires detailed consideration of specific
wetland functions,
(C) Alternate functional assessment
methodologies used shall be scientifically valid
and reliable.
b. The contents of the conceptual mitigation
plan shall include:
i. Goals and objectives of the proposed project;
ii. A wetland buffer width reduction plan, if
width reductions are proposed, that includes:
(A) The land use intensity, per Table
16.60.040-4, of the various elements of the
development adjacent to the wetlands,
(B) The wetland buffer width( s) required by
Table 16.60.040-1, 16.60.040-2 and 16.60.040-
3,
(C) The proposed buffer width reductions,
including documentation that proposed buffer
width reductions fully protect the functions of
the wetland in compliance with subsection C of
this section;
iii. A wetland mitigation plan that includes:
(A) A sequencing analysis for all wetland
impacts,
(B) A description of all wetland impacts that
require mitigation under this chapter, and
(C) Proposed mitigation measures and
mitigation ratios;
iv. Map showing proposed wetland and buffer.
This map should include the existing and
proposed buffers and all proposed wetland
impacts regulated under this chapter;
v. Site plan;
vi. Discussion and map of plant material to be
planted and planting densities;
vii. Preliminary drainage plan identifying
location of proposed drainage facilities
including detention structures and water quality
features (e.g., swales);
viii. Discussion of water sources for all
wetlands on the site;
ix. Project schedule;
x. Discussion of how the completed project will
be managed and monitored; and
xi. A discussion of contingency plans in case
the project does not meet the goals initially set
for the project.
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3. Final Mitigation Plan. The contents of the
fmal mitigation plan shall include:
a. The approved preliminary mitigation plan
and all conditions imposed on that plan. If the
preliminary mitigation plan requirement is
waived, the fmal plan shall include the content
normally required for the preliminary plan
listed in this section.
b. Performance Standards. Specific criteria
shall be provided for evaluating whether or not
the goals and objectives of the mitigation
project are being met. Such criteria may
include water quality standards, survival rates
of planted vegetation, species abundance and
diversity targets, habitat diversity indices, or
other ecological, geological or hydrological
criteria.
c. Detailed Construction Plans. Written
specifications for the mitigation project shall be
provided. The specifications shall include: the
proposed construction sequence, grading and
excavation details, water and nutrient
requirements for planting, specification of
substrate stockpiling techniques, and planting
instructions, as appropriate. These written
specifications shall be accompanied by detailed
site diagrams, scaled cross-sectional drawings,
topographic maps showing slope percentage
and fmal grade elevations, and any other
drawings appropriate to show construction
techniques or anticipated fmal outcome.
d. Monitoring Program. The mitigation plan
shall include a description of a detailed
program for monitoring the success of the
mitigation project.
i. The mitigation project shall be monitored for
a period necessary to establish that the
mitigation is successful, but not for a period of
less than five years. Creation and forested
wetland mitigation projects shall be monitored
for a period of at least ten years;
ii. Monitoring shall be designed to measure the
performance standards outlined in the
mitigation plan and may include but not be
limited to:
(A) Establishing vegetation plots to track
changes in plant species composition and
density over time,
(B) Using photo stations to evaluate vegetation
community response,
(C) Sampling surface and subsurface waters to
determine pollutant loading, and changes from
the natural variability of background conditions
(pH, nutrients, heavy metals),
(D) Measuring base flow rates and stormwater
runoff to model and evaluate water quality
predictions, if appropriate,
(E) Measuring sedimentation rates, if
applicable, and
(F) Sampling fish and wildlife populations to
determine habitat utilization, species
abundance and diversity;
iii. A monitoring protocol shall be included
outlining how the monitoring data will be
evaluated by agencies that are tracking the
progress of the project;
iv. Monitoring reports shall be submitted
annually, or on a pre-arranged alternate
schedule, for the duration of monitoring period;
v. Monitoring reports shall analyze the results
of monitoring, documenting milestones,
successes, problems, and recommendations for
corrective and/or contingency actions to ensure
success of the mitigation project.
e. Associated Plans and Other Permits. To
ensure consistency with the final mitigation
plan, associated plans and permits shall be
submitted, including, but not limited to:
i. Engineering construction plans;
ii. Final site plan or proposed plat;
iii. Final landscaping plan;
iv. Habitat permit;
v. WDFWHPA;
vi, USACE Section 404 permit; and
vii. WDOE Administrative Order or Section
401 certification.
f. Evidence of Financial and Scientific
Proficiency. A description of how the
mitigation project will be managed during
construction and the scientific capability of the
designer to successfully implement the
proposed project. In addition, a demonstration
of the fmancial capability of the applicant to
successfully complete the project and ensure it
functions properly at the end of the specific
monitoring period.
g. Contingency Plan. Identification of potential
courses of action, and any corrective measures
to be taken when monitoring or evaluation
indicates project performance standards are not
being met.
F. Wetland Permit-Application.
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1. Pre-Permit Consultation. Any person
intending to apply for a wetland permit is
encouraged, but not required, to meet with the
department during the earliest possible stages
of project planning in order to discuss wetland
impact avoidance, minimization, compensatory
mitigation, and the required contents of a
mitigation plan before significant commitments
have been made to a particular project design.
Effort put into pre-permit consultations and
planning will help applicants create projects
which will be more quickly and easily
processed.
2. Applications. Applications for wetland
permits shall be made to the department on
forms furnished by the department and in
conformance with Section 16.60.030.
3. Fees. At the time of application, the
applicant shall pay a filing fee in accordance
with the most current fee schedule adopted by
the city.
G. Wetland Permit-Processing.
1. Procedures. Wetland permit applications
shall be processed using the application
procedures in Chapter 18.55 unless specifically
modified herein:
a. Type I Wetland Permit. The following
wetland permits shall be reviewed under the
Type I review process in accordance with CMC
Chapter 18.55:
i. Buffer modification only;
ii. Wetland impacts resulting in less than 0.10
acre of direct wetland impact;
iii. Wetland permits associated with residential
building permits, regardless of impact;
iv. Wetland permits associated with home
business permits, regardless of impact;
v. Re-authorization of approved wetland
permits;
vi. Programmatic wetland permits that are
SEPA exempt.
b. Type II Wetland Permit. The following
wetland permits shall be reviewed under the
Type II review process in accordance with
CMC Chapter 18.55:
i. Wetland impacts resulting in 0.10 acre, or
more, of direct wetland impact, other than
residential building and home business permits;
ii. Programmatic wetland permits that require
SEPA review;
iii. Programmatic permit applications subject to
________ ~ _______________ W~_~_W~ __ " __ ~_~N __________________________________________________________________ ___
Type II review shall not be subject to the notice
requirements of Chapter 18.55. Within fourteen
calendar days after the date an application is
accepted as fully complete, the city shall
publish in a newspaper of general circulation a
summary of the notice, including the date, time
and manner of making comments, the nature
and location of the proposal and instructions
for obtaining further information.
c. Type III Wetland Permit. Reasonable use
exceptions, other than residential and home
occupation permits, made under Section
16.60.010(B)(3), shall be reviewed under the
Type III review process described in Chapter
18.55.
2. Consolidation. The department shall, to the
extent practicable and feasible, consolidate the
processing of wetland permits with other city
regulatory programs which affect activities in
wetlands, such as SEPA review, subdivision,
grading, and site plan approval, so as to provide
a timely and coordinated permit process.
Where no other city permit or approval is
required for the wetland activity, the wetland
permit shall be processed in accordance with a
Type II process under Chapter 18.55.
3. Notification. In addition to notices otherwise
required, notice of application shall be given to
federal and state agencies that have jurisdiction
over, or an interest in, the affected wetlands.
This notice may be incorporated into a SEP A
comment period.
H. Wetland Permit-Preliminary Approval.
1. Decision Maker. A wetland permit
application which has been consolidated with
another permit or approval request which
requires a public hearing (e.g., preliminary
plat) shall be heard and decided in accordance
with the procedures applicable to such other
request. Any other wetland permit application
shall be acted on by the responsible official
within the time line specified in Chapter 18.55
for the required permit type.
2. Findings. A decision preliminarily approving
or denying a wetland permit shall be supported
by findings of fact relating to the standards and
requirements of this chapter.
3. Conditions. A decision preliminarily
approving a wetland permit shall incorporate at
least the following as conditions:
a. The approved preliminary mitigation plan;
65
b. Applicable conditions provided for in
subsection (E)(3) of this section;
c. Posting of a performance assurance pursuant
to subsection J of this section; and
d. Posting of a maintenance assurance pursuant
to subsection J of this section.
4. Duration. Wetland permit preliminary
approval shall be valid for a period of three
years from the date of issuance or termination
of administrative appeals or court challenges,
whichever occurs later, unless:
a. A longer period is specified in the permit; or
b. The applicant demonstrates good cause to
the responsible official's satisfaction for an
extension not to exceed an additional one year.
I. Wetland Permit-Final Approval.
1. Issuance. The responsible official shall issue
final approval of the wetland permit
authorizing commencement of the activity
permitted thereby upon:
a. Submittal and approval of a [mal mitigation
plan pursuant to subsection (E)(3) of this
section;
b. Installation and approval offield markings as
required by Section 16.60.040(C)(2);
c. The recording of a conservation covenant as
required by Section 16.60.040(C)(3) and
included on the plat, short plat or site plan as
required by Section 16.60.040(C)(4);
d. The posting of a performance assurance as
required by subsection (H)(3) of this section.
2. Duration.
a. Wetland or Wetland Buffer Impacts. Final
approval shall be valid for the period specified
in the [mal wetland permit, or the associated
development approval. Extension of the permit
shall only be granted in conjunction with
extension of an associated permit.
b. Compensatory Mitigation. The
compensatory mitigation requirements of the
permit shall remain in effect for the duration of
the monitoring and maintenance period
specified in the approval.
J. Wetland Permit Financial Assurances.
1. Types of Financial Assurances. The
responsible official shall accept the following
forms of financial assurances:
a. An escrow account secured with an
agreement approved by the responsible official;
b. A bond provided by a surety for estimates
that exceed five thousand dollars;
c. A deposit account with a financial institution
secured with an agreement approved by the
responsible official;
d. A letter of commitment from a public
agency; and
e. Other forms of financial assurance
determined to be acceptable by the responsible
official.
2. Financial Assurance Estimates. The
applicant shall submit itemized cost estimates
for the required financial assurances. The
responsible official may adjust the estimates to
ensure that adequate funds will be available to
complete the specified compensatory
mitigation upon forfeiture. In addition the cost
estimates must include a contingency as
follows:
a. Estimates for bonds shall be multiplied by
one hundred fifty percent;
b. All other estimates shall be multiplied by
one hundred ten percent.
3. Waiver of Financial Assurances. For Type I
wetland permits, the responsible official may
waive the requirement for one or both financial
assurances if the applicant can demonstrate to
the responsible official's satisfaction that
posting the required financial assurances will
constitute a significant hardship.
4. Acceptance of Work and Release of
Financial Assurances.
a. Release of Performance Assurance. Upon
request, the responsible official shall release
the performance assurance when the following
conditions are met:
i. Completion of construction and planting
specified in the approved compensatory
mitigation plan;
ii. Submittal of an as-built report documenting
changes to the compensatory mitigation plan
that occurred during construction;
iii. Field inspection of the completed site(s);
and
iv. Provision of the required maintenance
assurance.
b. Release of Maintenance Assurance. Upon
request, the responsible official shall release
the maintenance assurance when the following
conditions are met:
i. Completion of the specified monitoring and
maintenance program;
ii. Submittal of a final monitoring report
66
demonstrating that the goals and objectives of
the compensatory mitigation plan have been
met as demonstrated through:
(A) Compliance with the specific performance
standards established in the wetland permit, or
(B) Functional assessment of the mitigation
site( s), and
(C) Field inspection of the mitigation site(s).
c. Incremental Release of Financial
Assurances. The responsible official may
release financial assurances incrementally only
if specific milestones and associated costs are
specified in the compensatory mitigation plan
and the document legally establishing the
fmancial assurance.
S. Transfer of Financial Assurances. The
responsible official may release fmancial
assurances at any time if equivalent assurances
are provided by the original or a new permit
holder.
6. Forfeiture. If the permit holder fails to
perform or maintain compensatory mitigation
in accordance with the approved wetland
permit, the responsible official may declare the
corresponding fmancial assurance forfeit
pursuant to the following process:
a. The responsible official shall, by registered
mail, notify the wetland permit holder/agent
that is signatory to the fmancial assurance and
the financial assurance holder of
nonperformance with the terms of the approved
wetlands permit;
b. The written notification shall cite a
reasonable time for the permit holder, or legal
successor, to comply with provisions of the
permit and state the city's intent to forfeit the
fmancial assurance should the required work
not be completed in a timely manner;
c. Should the required work not be completed
timely, the city shall declare the assurance
forfeit;
d. Upon forfeiture of a fmancial assurance, the
proceeds thereof shall be utilized either to
correct the deficiencies which resulted in
forfeiture or, if such correction is deemed by
the responsible official to be impractical or
ineffective, to enhance other wetlands in the
same watershed or contribute to an established
cumulative effects fund for watershed scale
habitat and wetland conservation.
K. Programmatic Permits for Routine
Maintenance and Operations of Utilities and
Public Facilities. The responsible official may
issue programmatic wetland permits for routine
maintenance and operations of utilities and
public facilities within wetlands and wetland
buffers, and for wetland enhancement
programs. It is not the intent of the
programmatic permit process to deny or
unreasonably restrict a public agency or
utility's ability to provide services to the
public. Programmatic permits only authorize
activities specifically identified in and limited
to the permit approval and conditions.
1. Application Submittal Requirements. Unless
waived by the responsible official with specific
findings in the approval document in
accordance with subsection (K)(2) of this
section, applications for programmatic wetland
permits shall include a programmatic permit
plan that includes the following:
a. A discussion of the purpose and need for the
permit;
b. A description of the scope of activities in
wetlands and wetland buffers;
c. Identification of the geographical area to be
covered by the permit;
d. The range of functions and values of
wetlands potentially affected by the permit;
e. Specific measures and performance
standards to be taken to avoid, minimize and
mitigate impacts on wetland functions and
values including:
i. Procedures for identification of wetlands and
wetland buffers,
ii. Maintenance practices proposed to be used,
iii. Restoration measures,
iv. Mitigation measures and assurances,
v. Annual reporting to the responsible official
that documents compliance with permit
conditions and proposes any additional
measures or adjustments to the approved
programmatic permit plan,
vi. Reporting to the responsible official any
specific wetland or wetland buffer degradations
resulting from maintenance activities when the
degradation occurs or within a timely manner,
vii. Responding to any department requests for
information about specific work or projects,
viii. Procedures for reporting and/or addressing
activities outside the scope of the approved
permit, and
67
ix. Training all employees, contractors and
individuals under the supervision of the
applicant who are involved in permitted work.
2. Findings. A decision preliminarily approving
or denying a programmatic wetland permit
shall be supported by [mdings of fact relating
to the standards and requirements of this
chapter.
3. Approval Conditions. Approval of a
programmatic wetland permit shall incorporate
at least the following as conditions:
a. The approved programmatic permit plan;
b. Annual reporting requirements; and
c. A provision stating that duration of the
permit.
4. Duration and Re-authorization.
a. The duration of a programmatic permit is for
five years, unless:
i. An annual performance based re-
authorization program is approved within the
permit; or
ii. A shorter duration is supported by [mdings.
b. Requests for re-authorization of a
programmatic permit must be received prior to
the expiration of the original permit.
i. Re-authorization is reviewed and approved
through the process described in subsection
(K)(1) of this section.
ii. Permit conditions and performance standards
may be modified through the re-authorization
process.
iii. The responsible official may temporarily
extend the original permit if the review of the
re-authorization request extends beyond the
expiration date.
L. Wetland Permit-Emergency.
1. Authorization. Notwithstanding the
provisions of this chapter or any other laws to
the contrary, the responsible official may issue
prospectively or, in the case of imminent
threats, retroactively a temporary emergency
wetlands permit if:
a. The responsible official determines that an
unacceptable threat to life or loss of property
will occur if an emergency permit is not
granted; and
b. The anticipated threat or loss may occur
before a permit can be issued or modified under
the procedures otherwise required by this act
and other applicable laws.
2. Conditions. Any emergency permit granted
shall incorporate, to the greatest extent
practicable and feasible but not inconsistent
with the emergency situation, the standards and
criteria required for nonemergency activities
under this act and shall:
a. Be limited in duration to the time required to
complete the authorized emergency activity,
not to exceed ninety days; and
b. Require, within this ninety-day period, the
restoration of any wetland altered as a result of
the emergency aCtivity, except that if more than
the ninety days from the issuance of the
emergency permit is required to complete
restoration, the emergency permit may be
extended to complete this restoration.
3 . Notice. Notice of issuance of an emergency
permit shall be published in a newspaper
having general circulation in the city of Camas
not later than ten days after issuance of such
permit.
4. Termination. The emergency permit may be
terminated at any time without process upon a
determination by the responsible official that
the action was not or is no longer necessary to
protect human health or the environment.
M. Revocation. In addition to other remedies
provided for elsewhere in this chapter, the
responsible official may suspend or revoke
wetland permit( s) issued in accordance with
this chapter and associated development
permits, pursuant to the provisions of Title 18
of the Camas Municipal Code, if the applicant
or permittee has not complied with any or all of
the conditions or limitations set forth in the
permit, has exceeded the scope of work set
forth in the permit, or has failed to undertake
the project in the manner set forth in the permit.
N. Enforcement. At such time as a violation of
this chapter has been determined, enforcement
action shall be commenced in accordance with
the enforcement provisions of CMC Chapter
18.55, and may also include the following:
1. Applications for city land use permits on
sites that have been cited or issued an
administrative notice of correction or order
under Title 18, or have been otherwise
documented by the city for activities in
violation of this chapter, shall not be processed
for a period of six years provided:
a. The city has the authority to apply the permit
moratorium to the property;
68
b. The city records the permit moratorium; and
c. The responsible official may reduce or wave
the permit moratorium duration upon approval
of a wetland permit under this section.
2. Compensatory mitigation requirements
under subsections C and D of this section may
be increased by the responsible official as
follows:
a. All or some portion of the wetland or
wetland buffer impact cannot be permitted or
restored in place; and
b. Compensatory mitigation for the impact is
delayed more than one year from the time of
the original citation or documentation of the
violation. (Ord. 2477 § 1 (Exh. A (part)), 2007)
Chapter 16.70
CRITICAL AQUIFER RECHARGE
AREAS
Sections:
16.70.010 Critical aquifer recharge areas
designation.
16.70.020 Aquifer recharge area
susceptibility ratings.
16.70.030 Mapping of critical aquifer
recharge areas.
16.70.040 Activities allowed in critical
aquifer recharge areas.
16.70.050 Critical area report--
Requirements for critical aquifer recharge
areas.
16.70.060 Performance standards--General
requirements.
16.70.070 Performance standards--Specific
uses.
16.70.080 Uses prohibited from critical
aquifer recharge areas.
16.70.010 Critical aquifer recharge
areas designation.
Critical aquifer recharge areas (CARA) are
those areas with a critical recharging effect on
aquifers used for potable water as defined by
WAC 365-190-030(2). CARA 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. These areas include the
following:
A. Wellhead Protection Areas. Wellhead
protection areas shall be defmed by the
boundaries of the ten year time of ground water
travel, or boundaries established using alternate
criteria approved by the Department of Health
in those settings where ground water time of
travel is not a reasonable delineation criterion,
in accordance with WAC 246-290-135.
B. Sole Source Aquifers. Sole source aquifers
are areas that have been designated by the u.s.
Environmental Protection Agency pursuant to
the Federal Safe Water Drinking Act.
C. Susceptible Ground Water Management
Areas. Susceptible ground water management
areas are areas that have been designated as
69
moderately or highly vulnerable or susceptible
in an adopted ground water management
program developed pursuant to Chapters 173-
100 WAC.
D. Special Protection Areas. Special protection
areas are those areas defmed by WAC 173-
200-090.
E. Moderately or Highly Vulnerable Aquifer
Recharge Areas. Aquifer recharge areas that
are moderately or highly vulnerable to
degradation or depletion because of
hydrogeologic characteristics are those areas
delineated by a hydrogeologic study prepared
in accordance with the state Department of
Ecology guidelines.
F. Moderately or Highly Susceptible Aquifer
Recharge Areas. Aquifer recharge areas
moderately or highly susceptible to degradation
or depletion because of hydrogeologic
characteristics are those areas meeting the
criteria established by the state Department of
Ecology. (Ord. 2367 § 3 (part), 2004)
16.70.020 Aquifer recharge area
susceptibility ratings.
Aquifer recharge areas shall be rated as having
high, moderate or low susceptibility based on
soil permeability, geologic matrix, infiltration,
and depth to water as determined by the criteria
established by the state Department of Ecology.
(Ord. 2367 § 3 (part), 2004)
16.70.030 Mapping of critical aquifer
recharge areas.
A. The approximate location and extent of
critical aquifer recharge areas are shown on the
adopted critical area maps.
B. These maps are to be used as a guide for the
city, project applicants and/or property owners,
and may be continuously updated as new
critical areas are identified. They are a
reference and do not provide a fmal critical
area designation. (Ord. 2367 § 3 (part), 2004)
16.70.040 Activities allowed in critical
aquifer recharge areas.
The following activities are allowed in critical
aquifer recharge areas in addition to those
pursuant to allowed activities (Section
16.50.120), and do not require submission ofa
critical area report:
A. Construction of structures and
improvements, including additions, resulting in
less than five percent or two thousand five
hundred square feet (whichever is greater) total
site impervious surface area that do not result
in a change of use or increase the use of a
hazardous substance.
B. Development and improvement of parks,
recreation facilities, open space or conservation
areas resulting in less than five percent total
site impervious surface area and that does not
increase the use of a hazardous substance.
C. Development within CARA's shall not
result in the loss of more than forty percent of
the total pervious surface of the site. (Ord. 2367
§ 3 (part), 2004)
16.70.050 Critical area report--
Requirements for critical aquifer
recharge areas.
A. Prepared by a Qualified Professional. An
aquifer recharge area critical area report shall
be prepared by a qualified professional who is a
hydrogeologist, geologist or engineer, who is
licensed in the state of Washington and has
experience in preparing hydrogeologic
assessments.
B. Hydrogeologic Assessment Required. For
all proposed activities to be located in a critical
aquifer recharge area, a critical area report shall
contain a level one hydrogeological
assessment. A level one hydrogeologic
assessment shall be required for any of the
following proposed activities:
1. Activities that result in five percent or more,
or two thousand five hundred square feet of
impervious site area;
2. Activities that divert, alter or reduce the flow
of surface or ground waters, or otherwise
reduce the recharging of the aquifer;
3. The use of hazardous substances, other than
household chemicals used according to the
directions specified on the packaging for
domestic applications;
4. The use of injection wells; or
5. Any other activity determined by the director
likely to have an adverse impact on ground
water quality or quantity, or on the recharge of
the aquifer.
C. Level One Hydrogeologic Assessment. A
level one hydrogeologic assessment shall
--------,,-,~-------,-,-,-'""--,--.-------
70
include the following site-and proposal-related
information at a minimum:
1. Available information regarding geologic
and hydrogeologic characteristics of the site
including the surface location of all critical
aquifer recharge areas located on site or
immediately adjacent to the site and
permeability of the unsaturated zone;
2. Ground water depth, flow direction and
gradient based on available information;
3. Currently available data on wells and springs
within one thousand three hundred feet of the
project area;
4. Location of other critical areas, including
surface waters, within one thousand three
hundred feet of the project area;
5 . Available historic water quality data for the
area to be affected by the proposed activity;
and
6. Best management practices proposed to be
utilized.
D, Level Two Hydrogeologic Assessment. A
level two hydrogeologic assessment shall
include the following site-and proposal-related
information at a minimum, in addition to the
requirements for a level one hydrogeological
assessment:
1. Historic water quality data for the area to be
affected by the proposed activity compiled for
at least the previous five year period;
2. Ground water monitoring plan provisions;
3. Discussion of the effects of the proposed
project on the ground water quality and
quantity, including:
a. Predictive evaluation of ground water
withdrawal effects; and
b. Predictive evaluation of contaminant
transport based on potential releases to ground
water; and
4. A spill plan that identifies equipment and/or
structures that could fail, resulting in an impact.
Spill plans shall include provisions for regular
inspection, repair and replacement of structures
and equipment that could fail. (Ord. 2367 § 3
(part), 2004)
16.70.060 Performance standards--
General requirements.
A. Activities may only be permitted in a critical
aquifer recharge area if the applicant can show
that the proposed activity will not cause
contaminants to enter the aquifer and that the
proposed activity will not adversely effect the
recharging of the aquifer.
B. The critical areas report shall identify and
demonstrate that measures will be taken to
prevent aquifer contamination from vehicular
repair, residential use of pesticides and
nutrients, spreading or injection of reclaimed
water and storage tanks.
C. The proposed activity must comply with the
water source protection requirements and
recommendations of the federal Environmental
Protection Agency, state Department of Health,
and the local health district.
D. The proposed activity must be designed and
constructed in accordance with the city of
Camas Design Standards Manual. (Ord. 2367 §
3 (part), 2004)
16.70.070 Performance standards-
Specific uses.
A. Storage Tanks. All storage tanks proposed
to be located in a critical aquifer recharge area
must comply with local building code
requirements and must conform to the
following requirements:
1. Underground Tanks. All new underground
storage facilities proposed for use shall be
designed and constructed so as to:
a. Prevent releases due to corrosion or
structural failure for the operational life of the
tank;
b. Be protected against corrosion, constructed
of noncorrosive material, steel clad with a
noncorrosive material, or designed to include a
2. Aboveground Tanks. All new aboveground
storage facilities proposed for use in the storage
of hazardous substances or hazardous wastes
shall be designed and constructed so as to:
a. Not allow the release of a hazardous
substance to the ground, ground waters or
surface waters;
b. Have a primary containment area enclosing
or underlying the tank or part thereof; and
c. A secondary containment system either built
into the tank structure or a dike system built
outside the tank for all tanks.
B. No Dry Wells Shall be Allowed in Critical
Aquifer Recharge Areas. Dry wells existing on
the site prior to facility establishment must be
abandoned using techniques approved by the
state Department of Ecology prior to
commencement ofthe proposed activity.
C. Residential Use of Pesticides and Nutrients.
Application of household pesticides,
herbicides, and fertilizers shall not exceed
times and rates specified on the packaging.
D. Spreading or Injection of Reclaimed Water.
Water reuse projects for reclaimed water must
be in accordance with the adopted water or
sewer comprehensive plans that have been
approved by the departments of Ecology and
Health.
1. Surface spreading must meet the ground
water recharge criteria given in Chapter
90.46.080 RCW and Chapter 90.46.010(10);
and
2. Direct injection must be in accordance with
the standards developed by authority
secondary containment system to prevent the of Chapter 90.46.042 RCW.
release or threatened release of any stored E. State and Federal Regulations. The uses
substances; and listed below shall be conditioned as necessary
c. Use material in the construction or lining of to protect critical aquifer recharge areas in
the tank that is compatible with the substance accordance with the applicable state and federal
to be stored. regulations. (Ord. 2367 § 3 (part), 2004)
......... ~t~!1!!~~t.~eg'!!~!!<?!I:~ ... ~.!I:.~ .. Q'!!~~!:l£~.~~~~i!l:!!l:g .!<?Qr,:()'!.!I:!l, ... ~~!~EII!!~~!!!l:g~£!!y!!!~.~ ...
i [......!'=!~~1;y .... .................. . ...........................1 ............... ~!~!~!(!==~(!g~I~~()~==Q~~~~~~(!
.tC~aIJter 173-303-640 WAC ..... . ..1
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71
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Hazardous Waste Generator (Boat Repair I Chapter 173-3 03 WAC
I Shops, Biological Research Facility, Dry
Cleaners, Furniture Stripping, Motor Vehicle
i Service Garages, Photographic Processing,
I ... P.~i11ti~ga.n~J:lll~l~s~iI1~~~()ps,~~(;.)
Injection Wells
I Junk Yards and Salvage Yards
Federal 40 CFR Parts 144 and 146, Chapter
173-218 WAC
Chapter 173-304 WAC, Best Management
Practices to Prevent Stormwater Pollution at
Vehicles Recycler Facilities (WDOE 94-
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Ordinances ~."~N .. ~".'~.,.w.W~'='.M_~"W """>""'""'"' ,·,·.,,=·'.''''wNN.m.·~''.'Wh·=N=NN.N'' .. ' '"' '''''" '" ,·,·"""'··N·····'·,=·",.",,""""'··m'" hW" ,. "'w'W' '""" 'w",,",,",m 'w= 'm'm'N'm'hN"""~"N"'mNNhVV~ 4N"",,,,==n=Wh"""',,""'''''''''W I 1J:l~sticid~Stor~~e an~ gse . . .. Lg~~pte,! 1??~~g~,g~.~p~~r1?:?1~g~!1
i-1-sa-'-w-m---"il-Is-'--'---'-----'-'--'--'--'--'--'-'---'-'-'--'--'-'-----'-..;.;;......, Chapter 173-303 WAC, 173-304 WAC, Best
.1.......
I i Management Practices to Prevent
. Stormwater Pollution at Log Yards (WDOE
95-53)
1==· =W=a=st=e=H=an==dl=in=g=an=d=R=e=c=yc=l=in=g===! Charlter 173-304 WAC
I Waste Water Application to Land Surface
I
I
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Chapter 173-216 WAC, Chapter 173-200 II
WAC, WDOE Land Application Guidelines, I'
Best Management Practices for Irrigated
i Agriculture
............................................................
72
16.70.080 Uses prohibited from
critical aquifer recharge areas.
The following activities and uses are
prohibited in critical aquifer recharge
areas: 2
A. Landfills. Landfills, including hazardous
or dangerous waste, municipal solid waste,
special waste, wood waste, and inert and
demolition waste landfills;
B. Underground Injection Wells. Class I,
III, and N wells and subclasses 5FO 1,
5D03, 5F04, 5W09, 5W10, 5Wll, 5W31,
5X13, 5X14, 5X15, 5W20, 5X28, and
5N24 of Class V wells;
C. Mining.
1. Metals and hard rock mining; and
2. Sand and gravel mining;
D. Wood Treatment Facilities. Wood
treatment facilities that allow any portion
of the treatment process to occur over
permeable surfaces (both natural and
manmade);
E. Storage, Processing, or Disposal of
Radioactive Substances. Facilities that
store, process, or dispose of radioactive
substances;
F. Fuel and/or Gas Stations;
G. Vehicle Repair and Servicing;
H. Oil and Lubricant Centers; and
I. Other.
1. Activities that would significantly
reduce the recharge to aquifers currently or
potentially used as a potable water source;
2. Activities that would significantly
reduce the recharge to aquifers that are a
source of significant baseflow to a
regulated stream;
3. Activities that are not connected to an
available sanitary sewer system are
prohibited from critical aquifer recharge
areas associated with sole source aquifers;
and
4. Underground storage tanks for the use
and storage of hazardous substances or
hazardous materials. (Ord. 2367 § 3 (part),
2004)
2 Prohibited uses are based on "Guidance
Document for the Establishment of Critical
Aquifer Recharge Area Ordinances," by
Ecology, July 2000, publication #97-30 and
local concerns.
73
i< W",\\'IllIII'W' lWl\W'li W If!IKfP iJI\'_-"' __ 1ffi_~IW'M_:. _____________________________________ _
Chapter 16.80
FREQUENTLY FLOODED AREAS
Sections:
16.80.010 Designation of frequently
flooded areas.
16.80.020 Critical area report--
Additional requirements.
16.80.030 Warning and disclaimer of
liability.
16.80.040 Performance standards--
General requirements.
16.80.050 Performance standards--
Specific uses.
16.80.060 Performance standards--
Areas of shallow flooding.
16.80.070 Uses and activities prohibited
from frequently flooded areas.
16.80.080 Variations--Additional
considerations for frequently flooded
areas.
16.80.010 Designation of
frequently flooded areas.
A. Frequently Flooded Areas. Frequently
flooded areas include:
The areas of special flood hazard identified
by the Federal Insurance Administration in
a scientific and engineering report entitled
"The Flood Insurance Study for City of
Camas" dated February 18, 1981, with
accompanying flood insurance maps. The
Flood Insurance Study and accompanying
maps are hereby adopted by reference,
declared part of this chapter. These are
minimum designations; the director may
identify additional areas.
B. Use of Additional Information. The
director may use additional flood
information that is more restrictive or
detailed than that provided in the Flood
Insurance Study conducted by the Federal
Emergency Management Agency (FEMA)
to designate frequently flooded areas,
including data on channel migration,
historical data, high water marks,
photographs of past flooding, location of
restrictive floodways, maps showing future
build-out conditions, maps that show
riparian habitat areas, or similar
74
information.
C. Flood Elevation Data. When base flood
elevation data is not available (A and V
zones), the director 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
this chapter.
D. Designation Made by Director. The
flood insurance maps are to be used as a
guide for the city, project applicants and/or
property owners, and the public, and
should be considered a minimum
designation of frequently flooded areas. As
flood insurance maps may be continuously
updated as areas are reexamined or new
areas are identified, the best available
information for flood hazard area
identification shall be the basis for
regulation. (Ord. 2367 § 4 (part), 2004)
16.80.020 Critical area report--
Additional requirements.
A. Prepared by a Qualified Professional. A
frequently flooded areas report shall be
prepared by a qualified professional who is
a hydrologist, or engineer, who is licensed
in the state of Washington with experience
in preparing flood hazard assessments.
B. Area Addressed in Critical Area Report.
The following areas shall be addressed in a
critical area report for frequently flooded
areas:
1. The site area of the proposed activity;
2. All areas of a special flood hazard area,
as indicated on the flood insurance map(s)
within three hundred feet of the project
area; and
3. All other flood areas indicated on the
flood insurance map(s) within three
hundred feet of the project area.
C. Flood Hazard Assessment Required. A
critical area report for a proposed activity
within a frequently flooded area shall
contain a flood hazard assessment
including the following site-and proposal-
related information at a minimum:
1. Site and Construction Plans. A copy of
the site and construction plans for the
development proposal showing:
a. Flood plain (one hundred-year flood
---------------~_~_~~_~m!_' ___________________ ,_,_,_~ __ w~ ______________________________________________ ~
elevation), ten-and fifty-year flood
elevations, floodway, other critical areas,
management zones and shoreline areas;
b. Proposed development, including the
location of existing and proposed
structures, fill, storage of materials, and
drainage facilities, with dimensions
indicating distances to the flood plain;
c. Clearing limits; and
d. Elevation of the lowest floor (including
basement) of all structures, and the level to
which any structure has been floodproofed;
2. Floodproofing Certificate. When
floodproofmg is proposed, a certification
by a registered professional engineer or
architect that the floodproofing methods
meet the requirements section CMC
16.80.040(G); and
3 . Watercourse Alteration. When
watercourse alteration is proposed, the
critical area report shall include:
a. Extent of Watercourse Alteration. A
description of and plan showing the extent
to which a watercourse will be altered or
relocated as a result of proposal; and
b. Maintenance Program Required for
Watercourse Alterations. A maintenance
program that provides maintenance
practices for the altered or relocated
portion of the watercourse to ensure that
the flood carrying capacity is not
diminished.
D. Information Regarding Other Critical
Areas. Potential impacts to wetlands, fish
and wildlife habitat, and other critical areas
shall be addressed in accordance with the
applicable sections of these provisions.
(Ord. 2367 § 4 (part), 2004)
16.80.030 Warning and disclaimer
of liability.
The degree of flood protection required by
this chapter 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
chapter does not imply that land outside
frequently flooded areas or uses permitted
within such areas will be free from
75
flooding or flood damages. This chapter
shall not create liability on the part of city
of Camas, any officer or employee thereof,
or the Federal Insurance Administration,
for any flood damages that result from
reliance on this chapter or any
administrative decision lawfully made
hereunder. (Ord. 2367 § 4 (part), 2004)
16.80.040 Performance standards-
-General requirements.
A. Development Permit Required. A
development permit shall be obtained
before land is altered or a new use is
commenced within a frequently flooded
area. For application of this chapter;
development shall include any man-made
alteration to land, including but not limited
to buildings, structures, mining, dredging,
filling, grading, paving, excavation, drilling
operations, or storage of equipment or
materials within the area of special flood
hazard.
B. All Necessary Permits Shall be
Obtained. The applicant shall provide
verification to the city that all necessary
permits have been obtained from those
governmental agencies from which prior
approval is required by federal, state or
local law including Section 404 of the
Federal Water Pollution Control Act
Amendment of 1972 and the Endangered
Species Act of 1973.
C. New construction shall not increase the
base flood elevation more than one inch.
When the base flood elevation is provided,
new construction, substantial
improvements, or other developtp.ent,
including fill, shall not be permitted within
frequently flooded areas, 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 inch at any point.
D. Areas Without Base Flood Elevation
Data. Where base flood elevation data is
not available (A and V zones), and there is
insufficient data available from federal,
state or other sources, the director shall
determine the base flood elevation using
historical data, high water marks,
photographs of past flooding, and other
available information. If there is
insufficient data available for the director
to make a determination of the base flood
elevation, and standards requiring a base
flood elevation cannot be implemented, the
director shall require measures that assure
the proposed structures will be reasonably
safe from flooding.
E. Construction Materials and Methods.
1. Methods that Minimize Flood Damage.
All new construction and substantial
improvements shall be constructed using
flood resistant materials and utility
equipment, and with methods and practices
that minimize flood damage.
2. Structures shall be located outside the
flood plain. All structures, utilities and
other improvements shall be located
outside of the flood plain except as
provided by this chapter. For sites with no
buildable area out of the flood plain,
structures may be allowed provided they
are placed on the highest land on the site,
oriented parallel to flow rather than
perpendicular, and sited as far from the
watercourse and other critical areas as
possible. If the director detects any
evidence of active hyporheic exchange on a
site, the development shall be located to
minimize disruption of such exchange.
3. Utilities Shall be Protected. 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.
F. Elevation Certificate Required
Following Construction. Following
construction of a structure within the flood
plain where the base flood elevation is
provided, the applicant shall obtain an
elevation certificate from a registered
professional engineer or architect that
records the elevation of the lowest floor.
G. Floodproofing.
1. When a structure is to be floodproofed, it
shall be designed and constructed using
76
methods that meet the following
requirements:
a. Watertight Structure. The structure shall
be watertight with walls substantially
impermeable to the passage of water below
one foot above the base flood level;
b. Hydrostatic Resistance. Structural
components shall be capable of resisting
hydrostatic and hydrodynamic loads and
effects of buoyancy;
c. Certified by a Registered Professional
Engineer or Architect. The structure shall
be certified by a registered professional
engineer or architect 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.
2. Floodproofing Certificate Required
Following Construction. Following
construction of the structure, the applicant
shall obtain a floodproofing certificate
from a registered professional engineer or
architect that records the actual (as-built)
elevation to which the structure was
floodproofed.
H. Anchoring.
All new construction and substantial
improvements within the flood plain shall
be anchored to prevent flotation, collapse
or lateral movement of the structure.
I. Fill and Grading.
Fill and grading within the flood plain shall
only occur upon a determination from a
qualified professional that the fill or
grading will not block side channels,
inhibit channel migration, increase flood
hazards to others, or be placed within a
channel migration zone, whether or not the
city has delineated such zones as of the
time of the application. (Ord. 2367 § 4
(part), 2004)
16.80.050 Performance standards-
-Specific uses.
In all frequently flooded areas the
following standards are required:
A. Residential Units.
1. Must be Above Base Flood Elevation.
New construction or placement of
residential units and substantial
improvement of any residential structure
shall have the lowest floor, including
basement, elevated one foot3 or more
above the base flood elevation.
2. Areas Below the Lowest Floor. Fully
enclosed areas below the lowest floor that
are subject to flooding 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 registered professional
engineer or architect, 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; and
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. Nonresidential Construction.
1. Must be Above Base Flood Elevation.
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 be flood
proofed in accordance with Floodproofing
(subsection 16.80.040(G)). Unavoidable
impacts to flooded areas (from fill) need to
be mitigated.
2. Areas Below the Lowest Floor. Fully
enclosed areas below the lowest floor that
are not floodproofed 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 registered professional
engineer or architect, or must meet or
exceed the following minimum criteria:
a. A minimum of three openings having a
total net area of not less than one square
inch for every square foot of enclosed area
77
subject to flooding shall be provided;
b. The bottom of all openings shall be no
higher than one foot above grade; and
c. Openings may be equipped with screens,
louvers or other coverings or devices
provided that they permit the automatic
entry and exit of floodwaters.
C. Utilities.
1. Shall be Designed to Minimize
Infiltration of Floodwaters. All new and
replacement water supply systems shall be
designed to preclude infiltration of
floodwaters into the systems.
2. Sanitary Sewage Systems. New and
replacement sanitary sewage systems shall
be designed to minimize or eliminate
infiltration of floodwaters into the systems
and discharges from the systems into
floodwaters.
3. On-site Waste Disposal Systems. On-site
waste disposal systems shall be located to
avoid impairment to them or contamination
from them during flooding. New on-site
sewage disposal systems are prohibited
pursuant to uses and activities prohibited
from frequently flooded areas (subsection
16.80.070(C)).
D. Subdivision/land Division Proposals.
1. All land division proposals shall:
a. Minimize Flood Damage. Subdivisions,
short subdivisions, planned developments
and binding site plans shall be designed to
minimize or eliminate flood damage to
proposed structures; and public utilities and
facilities that are installed as part of such
subdivisions, such as sewer, gas, electrical,
and water systems, shall be located and
constructed to minimize flood damage;
subdivisions should be designed using
natural features of the landscape, and
should not incorporate "flood protection"
changes.
b. Have Adequate Drainage. Subdivisions,
short subdivisions, planned developments
and binding site plans shall have adequate
natural surface water drainage in
accordance with city requirements to
reduce exposure to flood hazards; and
c. Show Flood Areas on Plat Maps.
Subdivisions, short subdivisions, planned
developments and binding site plans shall
show the one hundred-year flood plain,
floodway, and channel migration zone on
the preliminary and final plat and short plat
maps.
2. Lots. No lot or portion oflot after the
effective date of the ordinance codified in
this chapter, shall be established within the
boundaries of a frequently flooded area.
E. Alteration of Watercourses.
1. Shall be in Accordance with Habitat
Regulations. Watercourse alterations shall
only be allowed in accordance with the fish
and wildlife habitat conservation areas
(Chapter 16.95).
2. Shall Not Result in Blockage.
Watercourse alteration projects shall not
result in blockage of side channels.
3. Notification Required. The city shall
notify adjacent communities, the state
Department of Ecology, and the Federal
Insurance Administration of a proposed
watercourse alteration at least fifteen days
prior to permit issuance.
4. Maintenance of Alterations. The
applicant shall maintain the altered or
relocated portion of the watercourse to
ensure that the flood carrying capacity is
not diminished. Maintenance shall be
bonded for a period of five years, and be in
accordance with an approved maintenance
program. (Ord. 2367 § 4 (part), 2004)
3 NFIP requirement is to be elevated to the
base flood elevation. To reduce insurance
rates and to account for uncertainties
inherent in flood hazard modeling and
mapping, many jurisdictions use a standard
of one foot or more above the BSE, as
suggested here.
16.80.060 Performance standards-
-Areas of shallow flooding.
A. Residential Structures. 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 grade adjacent to the
building, one foot or more above the depth
number specified in feet on the flood
insurance map or at least two feet above, if
no depth number is specified.
78
B. Nonresidential Structures. New
construction and substantial improvements
of nonresidential structures within AO
zones shall either:
1. Have the lowest floor (including
basement) elevated above the highest
adjacent grade ofthe building site, one foot
or more above the depth number specified
on the flood insurance map or at least two
feet if no depth number is specified; or
2. 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 as in floodproofmg
(subsection 16.80.040(G)).
C. Drainage Paths. All development shall
include adequate drainage paths around
structures on slopes to guide floodwaters
around and away from proposed structures.
(Ord. 2367 § 4 (part), 2004)
16.80.070 Uses and activities
prohibited from frequently
flooded areas.
A. Critical Facilities.
Construction of new critical facilities shall
be permissible within frequently flooded
areas if no feasible alternative site is
available. Critical facilities constructed
within frequently flooded areas shall have
the lowest floor elevated three feet or more
above the level of the base flood elevation
(one hundred-year flood). Floodproofmg
and sealing measures must be taken to
ensure that toxic substances will not be
displaced by or released into flood waters.
Access routes elevated to or above the level
of the base flood elevation shall be
provided to all critical facilities to the
extent possible. Certification by a
registered professional engineer is required.
B. Wells.
C. On-site Sewage or Waste Disposal
Systems.
D. There shall be no increase in residential
lots within frequently flooded areas. No
additional lots shall be created within a
frequently flooded area. Divisions of land
after the effective date of this code shall
have the frequently flooded areas
designated as separate tract(s) and not
included within any additional lot.
E. Construction in Floodways.
1. New Construction Requires Certification
by an Engineer. Encroachments, including
new construction, substantial
improvements, fill, and other development,
are prohibited within designated floodways
unless certified by a registered professional
engineer. Such certification shall
demonstrate through hydrologic and
hydraulic analyses, performed in
accordance with standard engineering
practice, that the proposed encroachment
will not result in any increase in flood
levels during the occurrence of the base
flood discharge. Small projects that are
solely to protect or create fish habitat and
designed by a qualified professional may
be allowed without certification if the
director determines that the project will not
obstruct flood flows. Fish protection
projects shall be reviewed on behalf of the
city by a qualified professional in the field
of hydraulics.
2. Residential Construction and
Reconstruction Prohibited. Construction
and reconstruction of residential structures
is prohibited within floodways, except for:
a. Maintenance or repairs to a structure that
do not increase the ground floor area; and
b. Repairs, reconstruction or improvements
to a structure, for which the cost does not
exceed fifty percent of the market value of
the structure either:
i. Before the repair or reconstruction is
started; or
ii. If the structure has been damaged and is
being restored, before the damage
occurred.
Improvement to a structure to correct
existing violations of state or local health,
sanitary, or safety code specifications that
have been identified by the city and that are
79
the minimum necessary to assure safe
living conditions or to structures identified
as historic places shall not be included in
the fifty percent. (Ord. 2367 § 4 (part),
2004)
16.80.080 Variations-Additional
considerations for frequently
flooded areas.
A. Additional Variation Considerations. In
review of variation requests for activities
within frequently flooded areas, the board
of adjustment shall consider all technical
evaluations, relevant factors, standards
specified in this chapter, and:
1. The danger to life and property due to
flooding, erosion damage or materials
swept onto other lands during flood events;
2. The susceptibility of the proposed
facility and its contents to flood damage
and the effect of such damage on the
proposed use;
3. The importance of the services provided
by the proposed use to the community;
4. The necessity of a waterfront location
and the availability of alternative locations
for the proposed use that are not subject to
flooding or erosion damage;
5. The safety of access to the property for
ordinary and emergency vehicles;
6. 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
7. 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. Variations shall only be issued upon a
determination that the granting of a
variation will not result in increased flood
heights, additional threats to public safety,
extraordinary public expense, create
nuisances, cause fraud on or victimization
of the public, or conflict with existing laws
or ordinances.
C. Variations shall not be issued within a
designated floodway if any increase in
flood levels during the base flood discharge
would result. (Ord. 2367 § 4 (part), 2004)
80
Chapter 16.90
GEOLOGICALLY HAZARDOUS
AREAS
Sections:
16.90.010 Designation of geologically
hazardous areas.
16.90.020 Designation of specific hazard
areas.
16.90.030 Classification of geologically
hazardous areas.
16.90.040 Mapping of geologically
hazardous areas.
16.90.050 Activities allowed in
geologically hazardous areas.
16.90.060 Critical area report
requirements for geologically
hazardous areas.
16.90.070 Critical area report
requirements for specific hazards.
16.90.080 Performance standards-
General requirements.
16.90.090 Performance standards--
Specific hazards.
16.90.010 Designation of
geologically hazardous areas.
Geologically hazardous areas include areas
susceptible to erosion hazard, landslide
hazard, seismic hazard, mine hazard and
other geologic events. These areas pose a
threat to the health and safety of citizens
when incompatible development is sited in
areas of significant hazard. Areas
susceptible to one or more of the following
types of hazards shall be designated as a
geologically hazardous. area: .
A. Erosion hazard;
B. Landslide hazard;
C. Seismic hazard; or
D. Other geological events including, mass
wasting, debris flows, rock falls and
differential settlement. (Ord. 2367 § 5
(part), 2004)
16.90.020 Designation of specific
hazard areas.
A. Erosion Hazard Areas. Erosion hazard
areas are at least those areas identified by
the U.S. Department of Agriculture's
81
Natural Resources Conservation Service as
having a "moderate to severe," "severe," or
"very severe" rill and inter-rill erosion
hazard.
B. Landslide Hazard Areas. Landslide
hazard areas are areas potentially subject to
landslides based on a combination of
geologic, topographic and hydrologic
factors. They include areas susceptible
because of any combination of bedrock,
soil, slope (gradient), slope aspect,
structure, hydrology or other factors.
Examples of these may include, but are not
limited to the following:
1. Areas of historic failures, such as:
a. Those areas delineated by the U.S.
Department of Agriculture's Natural
Resources Conservation Service as having
a "severe" limitation for building site
development;
b. Those areas mapped by the Department
of Natural Resources (slope stability
mapping) as unstable ("U" or class 3),
unstable old slides ("UOS" or class 4), or
unstable recent slides ("URS" or class 5);
or
c. Areas designated as quaternary slumps,
earthflows, mudflows, lahars, or landslides
on maps published by the U.S. Geological
Surveyor Department of Natural
Resources;
2. Areas with all of the following
characteristics:
a. Slopes steeper than fifteen percent;
b. Hillsides intersecting geologic contacts
with a relatively permeable sediment
overlying a relatively impermeable
sediment or bedrock; and
c. Springs or ground water seepage;
Where a site includes fifteen percent
slopes, the director will require written
verification of the presence or absence of
subsections b and c of this section by a
qualified geotechnical engineer or
geologist licensed in the state of
Washington;
3. Areas that have shown movement during
the Holocene epoch (from ten thousand
years ago to the present) or that are
underlain or covered by mass wastage
debris of that epoch;
4. Slopes that are parallel or subparallel to
planes of weakness (such as bedding
planes,joint systems, and fault planes) in
subsurface materials;
5. Slopes having gradients steeper than
eighty percent subject to rock fall during
seismic shaking;
6. Areas potentially unstable because of
rapid stream incision, stream bank erosion
and undercutting by wave action; ,
7. Areas located in a canyon or on an active
all~vial fan, presently or potentially subject
to mundation by debris flows or
catastrophic flooding; and
8. Any area with a slope of forty percent or
steeper and with a vertical relief of ten or
more feet except areas composed of
consolidated rock. A slope is delineated by
establishing its toe and top and measured
by averaging the inclination over at least
ten feet of vertical relief.
C. Seismic Hazard Areas. Seismic hazard
areas are areas subject to severe risk of
damage as a result of earthquake induced
ground shaking, slope failure, settlement
soil liquefaction, lateral spreading, or '
surface faulting.
D. Other Hazard Areas. Geologically
hazardous areas shall also include areas
determined by the director to be susceptible
to other geological events including mass
wasting, debris flows, rock falls, and
differential settlement. (Ord. 2367 § 5
(part),2004)
16.90.030 Classification of
geologically hazardous areas.
All geologic hazard areas should be
classified according to the following
categories for each geologic hazard type.
II
,I n lentation
III Known or !I Documentation or
!I Suspected Risk II projection of the
,! !I hazard by a
:1 !I qualified ;
iilliskii;;~;;;:jl~
82
pr~j~~ti~~N~fth~~WW"]
lack of hazard, by I
a quali~ed . II
professIOnal eXlsts,1
or data are not I
available to
determine the
presence or :1
;~~~~;~c o:a:ard. \1 'i
(Ord. 2367 § 5 (part), 2004)
16.90.040 Mapping of geologically
hazardous areas.
A. The approximate location and extent of
geologically hazardous areas are shown on
th~ .adopted critical area maps. The adopted
cntical area maps may include:
1. U.S. Geological Survey landslide hazard
and seismic hazard maps;
2. Department of Natural Resources
seismic hazard maps for western
Washington;
3. Department of Natural Resources slope
stability maps;
4. Federal Emergency Management
Administration flood insurance maps; and
5. Locally adopted maps.
B. These maps are to be used as a guide for
the city, project applicants and/or property
owners, and may be continuously updated
as new critical areas are identified. They
are a reference and do not provide a fmal
critical area designation. (Ord. 2367 § 5
(part), 2004)
16.90.050 Activities allowed in
geologically hazardous areas.
The following activities are allowed in
geologically hazardous areas, provided that
the activity will not increase the risk of the
hazard, pursuant to allowed activities under
general provisions (CMC Section
16.50.120), and do not require submission
of a critical area report:
A. Construction of new buildings with less
than two thousand five hundred square feet
of floor area or roof area, whichever is
greater, and which are not residential
____ ~ __ H~_U ____ U __ ,_, __ ~_ijW ____ ~ ____ ~ __ ~ ____ ~ ____ ~~ ____ ~ _____ ~ ________ ~ __ ~ ____ ~ ________ __
structures or used as places of employment
or public assembly;
B. Additions to the ground floor of existing
single-family residences that are two
hundred fifty square feet or less; and
C. Installation of fences.
(Ord. 2367 § 5 (part), 2004)
16.90.060 Critical area report
requirements for geologically
hazardous areas.
A. Prepared by a Qualified Professional. A
critical areas report for a geologically
hazardous area shall be prepared by a
geotechnical engineer or geologist, licensed
in the state of Washington, with experience
analyzing geologic, hydrologic and ground
water flow systems.
B. Area Addressed in Critical Area Report.
The project area of the proposed activity
shall be addressed in a critical area report
for geologically hazardous areas.
C. Geotechnical Evaluation and
Assessment. Except as provided for in
subsection D and E of this section, a
critical area report for geologically
hazardous areas shall first contain an
evaluation and, if required, an assessment
of geological hazards including site-and
proposal-related information at a minimum.
1. Site Evaluation. A site evaluation shall
include:
a. Identification of the geologically
hazardous area including the type and
extent of the geological hazard, and the
reason the area is or is not likely to be
impacted by the proposed development
plan.
b. A description of the project including,
where applicable:
i. Proposed structures;
ii. Proposed grading;
iii. Areas proposed for storage of materials;
iv. Proposed storm drainage areas;
v. Related project impacts which have a
potential to adversely affect the geological
hazard; and
vi. If available for the proposed activity, a
site development plan may be included to
illustrate proposed project impacts. The
development plan when provided will show
83
the geological hazard area, proposed site
improvements, two-foot contours, proposed
storm water treatment facilities, proposed
or known existing septic drain fields,
proposed stockpile areas, or proposed areas
of mass grading.
c. Identification of proportionate and
appropriate mitigation measures and a
description of how they will adequately
protect the proposed development, adjacent
developments and the subject geologically
hazardous area.
d. A recommendation based on the
proposed site activities of the level of
study, construction m~mitoring, or site
design changes which may be needed
during the [mal design process.
2. Geotechnical Assessment. If
recommended by the site evaluation or as
required by a condition of approval, a
geotechnical assessment for geologically
hazardous areas shall contain include the
following site-and proposal-related
information at a minimum:
a. Site Plans. The report shall include a
copy of the site plans for the proposal
showing:
i. The type and extent of geologic hazard
areas, and any other critical areas, and
management zones on, adjacent to, within
three hundred feet of, or that are likely to
impact the proposal as identified in the site
evaluation report or as a condition of
approval;
ii. Proposed development, including the
location of existing and proposed
structures, fill, storage of materials, and
storm drainage facilities, with dimensions
indicating distances to hazard areas; and
iii. The topography, in two-foot contours,
of the project area and all hazard areas
addressed in the report.
3. Assessment of Geological
Characteristics. The report shall include an
assessment of the geologic characteristics
and engineering properties of the soils,
sediments, and/or rock of the project area
and potentially affected adjacent properties,
and a review of the site history regarding
landslides, erosion and prior grading. Soils
analysis shall be accomplished in
accordance with accepted taxonomic
classification systems in use in the region.
The assessment shall include, but not be
limited to:
a. A description of the surface and
subsurface geology, hydrology, soils and
vegetation found in the project area and in
generally all hazard areas addressed in the
report;
b. A detailed overview of the field
investigations, published data and
references; data and conclusions from past
assessments of the site; and site specific
measurements, test, investigations or
studies that support the identification of
geologically hazardous areas; and
c. A description of the vulnerability of the
site to seismic and other geologic events.
4. Analysis ofProposai. The report shall
contain a geotechnical analysis including a
detailed description of the project, its
relationship to the geologic hazard(s), and
its potential impact upon the hazard area,
the subject property and affected adjacent
properties.
5. Summary and Recommendation. The
report shall make a recommendation for the
minimum no-disturbance management
zone or minimum building setback from
any geologic hazard, or other appropriate
mitigation measures based upon the
geotechnical analysis.
D. Incorporation or Acceptance of Previous
Study. Where a valid geotechnical report
has been prepared within the last five years
for a specific site, and where the proposed
land use activity and surrounding site
conditions are unchanged, such report may
be incorporated into or accepted as the
required critical area report. The applicant
shall submit a geotechnical assessment
detailing any changed environmental
conditions associated with the site.
E. Where the applicant can demonstrate
that the proposed proj ect or activity has no
direct impact on the identified geologically
hazardous area or that the site evaluation
requirements above are not applicable to
the proposed project or activity, the
director may not require additional site
assessment work or may limit the scoping
84
of the site evaluation based on identified
site specific geologic hazards.
F. Mitigation of Long-term Impacts. When
hazard mitigation is required, the
mitigation plan shall specifically address
how the activity maintains or reduces the
pre-existing level of risk to the site and
adjacent properties on a long-term basis
(equal to or exceeding the projected
lifespan of the activity or occupation).
Proposed mitigation techniques shall be
considered to provide long-term hazard
reduction only if they do not require
regular maintenance or other actions to
maintain their function. Mitigation may
also be required to avoid any increase in
risk above the pre-existing conditions
following abandonment of the activity.
(Ord. 2367 § 5 (part), 2004)
16.90.070 Critical area report
requirements for specific hazards.
A. Erosion and Landslide Hazard Areas. In
addition to the basic geological hazard area
report requirements, a report for an erosion
hazard or landslide hazard area shall
include the following information at a
minimum:
1. Site Plan. The report shall include a copy
of the site plan for the proposal showing:
a. The hdght of slope, slope gradient, and
cross section of the project area;
b. The location of springs, seeps, or other
surface expressions of ground water on or
within three hundred feet of the project
area or that have potential to be affected by
the proposal; and
c. The location and description of surface
water runoff;
2. Geotechnical Analysis. The geotechnical
analysis shall specifically include:
a. A description of the extent and type of
vegetative cover;
b. An estimate of load capacity including
surface and ground water conditions,
public and private sewage disposal
systems, fills and excavations and all
structural development;
c. An estimate of slope stability and the
effect construction and placement of
structures will have on the slope over the
estimated life of the structure;
d. An estimate of the bluff retreat rate that
recognizes and reflects potential
catastrophic events such as seismic activity
or a one hundred-year storm event;
e. Consideration of the run-out hazard of
landslide debris and/or the impacts of
landslide run-out on down slope properties;
f. A study of slope stability including an
analysis of proposed angles of cut and fill
and site grading;
g. Recommendations for building
limitations, structural foundations, and an
estimate of foundation settlement; and
h. An analysis of proposed surface and
subsurface drainage and the vulnerability
of the site to erosion;
3. Erosion and Sediment Control Plan. For
any development proposal on a site
containing an erosion hazard area, an
erosion and sediment control plan shall be
required. The erosion and sediment control
plan shall be prepared in compliance with
requirements set forth in CMC 15.32, CMC
17.3 6 and the City of Camas Design
Standard Manual;
4. Drainage Plan. The report shall include a
drainage plan for the collection, transport,
treatment, discharge and/or recycle of
water prepared in accordance with CMC
17.36 and the City of Camas Design
Standard Manual;
5. Mitigation Plans. Hazard and
environmental mitigation plans for erosion
and landslide hazard areas shall include the
location and methods of drainage, surface
water management, locations and methods
of erosion control, a vegetation
management and/or replanting plan and/or
other means for maintaining long term soil
stability;
6. Monitoring Surface Waters. If the
director determines that there is a
significant risk of damage to downstream
waters due to potential erosion from the
site, based on the size of the project, the
proximity to the receiving waters, or the
sensitivity of the receiving waters, the
critical area report shall include a plan to
monitor the surface water discharge from
the site. The monitoring plan shall include
85
a recommended schedule for submitting
monitoring reports to the city.
B. Seismic Hazard Areas. In addition to the
basic report requirements, a critical area
report for a seismic hazard area shall also
meet the following requirements:
1. The site map shall show all known and
mapped faults within three hundred feet of
the project area or that have potential to be
affected by the proposal.
2. The geotechnical analysis shall include a
complete discussion of the potential
impacts of seismic activity on the site (for
example, forces generated and fault
displacement).
C. Other Geologically Hazardous Areas. In
addition to the basic report requirements,
the director may require additional
information to be included in the critical
area report when determined to be
necessary to review the proposed activity
and the subject hazard. Additional
information that may be required, includes,
but is not limited to:
1. Site Plan. The site plan shall show all
known hazard areas located within three
hundred feet of the project area or that have
potential to be affected by the proposal;
and
2. Geotechnical Analysis. The geotechnical
analysis shall include a complete
discussion of the potential impacts of the
hazard on the project area and of the
proposal on the hazard. (Ord. 2367 § 5
(part), 2004)
16.90.080 Performance standards-
-General requirements.
Alterations of geologically hazardous areas
or associated management zones may only
occur for activities that will not adversely
impact or pose a threat to adjacent
properties or critical areas and are designed
so that the hazard to the project is
eliminated or mitigated to a level equal to
or less than pre-development conditions.
(Ord. 2367 § 5 (part), 2004)
16.90.090 Performance standards-
-Specific hazards.
A. Erosion and landslide hazard areas.
Activities on sites containing erosion or
landslide hazards shall meet the following
requirements:
1. Management Zone Required. A
management zone shall be established from
all edges of erosion or landslide hazard
areas. The size of the management zone
shall be determined by the director to
eliminate or minimize the risk of property
damage, death or injury resulting from
erosion and landslides caused in whole or
part by the development, based upon
review of and concurrence with a critical
area report prepared by a qualified
professional.
a. Management Zone Established. A
management zone shall be established from
the edges of areas characterized by steep
slopes, potentially unstable soils, erosion
potential, or seismic activity. The
management zone will be established by a
qualified professional and shall adequately
protect the proposed development, adjacent
developments and subject critical area. The
management zone shall generally be equal
to the height of the slope or fifty feet
whichever is greater. A management zone
less than fifty feet may be established if a
qualified professional determines that such
reduction will adequately protect the
proposed development, adjacent
developments and subject critical area.
b. Increased Management Zone. The
management zone may be increased where
the director determines a larger
management zone is necessary to prevent
risk of damage to proposed and existing
development( s);
2. Design Standards. Development under
this section shall be designed to meet the
following basic requirements. The
requirement for long-term slope stability
shall exclude designs that require periodic
maintenance or other actions to maintain
their level of function. The basic
development design standards are:
a. The proposed development shall not
decrease the factor of safety for landslide
86
occurrences below the limits of 1.5 for
static conditions and 1.2 for dynamic
conditions. Analysis of dynamic conditions
shall be based on a minimum horizontal
acceleration as established by the current
version of the uniform building code;
b. Structures and improvements shall be
clustered to avoid geologically hazardous
areas and other critical areas;
c. Structures and improvements should
minimize alterations to the natural contour
of the slope and foundations shall be tiered
where possible to conform to existing
topography;
d. Structures and improvements shall be
located to preserve the most critical portion
of the site and its natural landforms and
vegetation;
e. The proposed development shall not
result in greater risk or a need for increased
management zones on neighboring
properties;
f. The use of retaining walls that allow the
maintenance of existing natural slope area
is preferred over graded artificial slopes;
and
g. Development shall be designed to
minimize impervious lot coverage;
3. Vegetation Removal. Within a
geologically hazardous area and related
management zone, removal of vegetation
shall be limited to the following:
a. Selective vegetation removal as provided
under CMC Section 16.50.130; or
b. The city may authorize as part of a
critical area review, vegetation removal
that has been determined to have no greater
adverse impact on the geologically
hazardous area and is not necessary for
mitigating any other impact under this
code. The determination of no greater
adverse impact will take into consideration
a vegetation removal plan prepared by a
certified landscape architect or arborist and
reviewed by a geotechnical engineer.
4. Seasonal Restriction. Clearing and
grading under a city permit shall be
allowed only from May 1st to October 1st
of each year provided that the city may
extend or shorten the dry season on a case-
by-case basis depending on actual weather
conditions;
5. Utility Lines and Pipes. Utility lines and
pipes shall be permitted in erosion and
landslide hazard areas only when the
applicant demonstrates that no other
practical alternative is likely. The line or
pipe shall be appropriately located and
designed so that it will continue to function
in the event of an underlying failure;
6. Point Discharges. Point discharges from
surface water facilities and roof drains onto
or upstream from an erosion or landslide
hazard area shall be prohibited except as
follows:
a. Conveyed via continuous storm pipe
downslope to a point where there are no
erosion hazards areas downstream from the
discharge;
b. Discharged at flow durations matching
predeveloped conditions, with adequate
energy dissipation, into existing channels
that previously conveyed stormwater
runoff in the predeveloped state; or
c. Dispersed discharge upslope of the steep
slope onto a low-gradient undisturbed
management zone demonstrated to be
adequate to infiltrate all surface and
stormwater runoff;
7. Roads and utilities (see subsection
(A)(5) of this section) may be permitted
within geologic hazard area or management
zone if the city determines that no other
reasonable alternative exists, which could
avoid or minimize impacts to a greater
extent.
B. Seismic Hazard Areas. Activities
proposed to be located in seismic hazard
areas shall meet the standards of CMC
Section 16.90.080.
C. Other Hazard Areas. Activities on sites
containing or adjacent to geologically
hazardous areas, shall meet the standards of
CMC Section 16.90.080. (Ord. 2367 § 5
(part),2004)
87
Chapter 16.95
FISH AND WILDLIFE HABITAT
CONSERVATION AREAS
Sections:
16.95.010 Designation offish and
wildlife habitat conservation areas.
16.95.020 Critical area report-
Requirements for habitat conservation
areas.
16.95.030 Performance standards-
General requirements.
16.95.040 Performance standards-
Specific habitats.
16.95.010 Designation offish and
wildlife habitat conservation
areas.
A. Fish and wildlife habitat conservation
areas include:
1. Areas with Which State or Federally
Designated Endangered, Threatened, and
Sensitive Species Have a Primary
Association. The presence or absence of
such species shall be determined by the
field studies required by this section. Lists,
categories and definitions of species
promulgated by NMFS and WDFW are
provided to the city to be used for guidance
only.
2. State Priority Habitats and Areas
Associated with State Priority Species.
Priority habitats and species are considered
to be priorities for conservation and
management. Priority species require
protective measures for their perpetuation
due to their population status, sensitivity to
habitat alteration, and! or recreational,
commercial, or tribal importance. Priority
habitats are those habitat types or elements
with unique or significant value to a
diverse assemblage of species. A priority
habitat may consist of a unique vegetation
type or dominant plant species, a described
successional stage, or a specific structural
element. Priority habitats and species are
identified by the state Department ofFish
and Wildlife.
3. Habitats of Local Importance as
Identified by the City's Parks and Open
88
Space Plan as Natural Open Space, or as
Listed Below:
a. Oregon White Oaks.
i. Individual Oregon White Oak trees with
a twenty-inch diameter at breast height
(twenty dbh).
ii. Stands of Oregon White Oak trees
greater than one acre, when they are found
to be valuable to fish and wildlife (i.e., may
include trees with cavities, large diameter
breast height (twelve dbh), are used by
priority species, or have a large canopy.
iii. All Oregon White Oak snags unless
determined by an arborist to be a hazard.
b. Camas Lilly. To the extent practicable,
Camas lily field of a significant
concentration (one-fourth acre) shall be
preserved. If impacts or removal of
significant concentrations of Camas lily are
proposed, the proposal must include an
evidence that the exploration of
development options has included: (i)
maintaining Camas lily concentrations as
they currently exist on site; and (ii) the
. option of transplanting Camas lily
concentrations to other portions of the
property. The proposal may be approved as
proposed provided a finding is made based
upon evidence that subsections (A)(3)(b)(i)
and (A)(3)(b)(ii) of this section have been
explored, that it is not possible to maintain
significant concentrations of Camas lily
onsite.
4. Naturally Occurring Ponds Under
Twenty Acres. Naturally occurring ponds
are those ponds under twenty acres and
their submerged aquatic beds that provide
fish or wildlife habitat, including those
artificial ponds intentionally created from
dry areas in order to mitigate impacts to
ponds. Naturally occurring ponds do not
include ponds deliberately designed and
created from dry sites, such as canals,
detention facilities, wastewater treatment
facilities, farm ponds, temporary
construction ponds, and landscape
amenities, unless such artificial ponds were
intentionally created for mitigation.
5. Waters of the State. Waters of the state
includes lakes, rivers, ponds, streams,
inland waters, underground waters, salt
waters, and all other surface waters and
watercourses within the jurisdiction of the
state of Washington, as classified in WAC
222-16-031, or its successor. This does not
include man-made ditches or bio-swales
that have been created from areas not
meeting the defmition of waters of the
state. Furthermore, wetlands designation
and protection are regulated under CMC
Chapter 16.60.
6. Bodies of Water Planted with Game Fish
by a Governmental or Tribal Entity.
7. State Natural Area Preserves and Natural
Resource Conservation Areas. Natural area
preserves and natural resource conservation
areas are defmed, established, and managed
by the State Department of Natural
Resources.
All areas within the city of Camas meeting
one or more of these criteria, regardless of
any formal identification, are hereby
designated critical areas and are subject to
the provisions of this title.
B. Mapping. The approximate location and
extent of habitat conservation areas are
shown on the critical area maps adopted by
the city of Camas, as most recently
updated. Existing and updated Washington
Department ofFish and Wildlife (WDFW)
and Department of Natural Resources
(DNR) mapping of priority habitat, water
types, shore zones, salmonoid distribution,
and State Natural Resources Preserves is
hereby adopted by reference. WDFW and
DNR mapping is to be used for guidance
purposes only. In addition, the mapping
included within the Camas parks and open
space plan identifies areas of potential
natural open spaces.
These maps are to be used as a guide for
the city of Camas, project applicants and/or
property owners, and should be
continuously updated as new critical areas
are identified. They are a reference and do
not provide a fmal critical area designation.
(Ord. 2477 § 2 (Exh. B (part)), 2007)
16.95.020 Critical area report-
Requirements for habitat
conservation areas.
89
A. Prepared by a Qualified Professional. A
critical areas report for a habitat
conservation area shall be prepared by a
qualified professional who is a biologist
with experience preparing reports for the
relevant type of habitat.
B. Areas Addressed in Critical Area
Report. The following areas shall be
addressed in a critical area report for
habitat conservation areas:
1. Within a subject parcel or parcels, the
project area of the proposed activity;
2. All wetlands and recommended buffer
zones' within three hundred feet of the
project area within the subject parcel or
parcels;
3. All shoreline areas, water features, flood
plains, and other critical areas, and related
buffers within three hundred feet of the
project area within the subject parcel or
parcels; and
4. The project design and the applicability
of the buffers based on the proposed layout
and the level of land use intensity.
C. Habitat Assessment. A habitat
assessment is an investigation of the
project area to evaluate the presence or
absence of a potential critical fish or
wildlife species or habitat. A critical area
report for a habitat conservation area shall
contain an assessment of habitats including
the following site-and proposal-related
information at a minimum:
1. Detailed description of vegetation on and
adjacent to the project area;
2. Identification of any species of local
importance, priority species, or
endangered, threatened, sensitive or
candidate species that have a primary
association with habitat on or adjacent to
the project area, and assessment of
potential project impacts to the use of the
site by the species;
3. A discussion of any federal, state, or
local special management
recommendations, including Department of
Fish and Wildlife habitat management
recommendations, that have been
developed for species or habitats located on
or adjacent to the project area;
4. A discussion of measures, including
--~--------------------------------------------------------------------------------------
avoidance, minimization and mitigation,
proposed to preserve existing habitats and
restore any habitat that was degraded prior
to the current proposed land use activity
and to be conducted in accordance with
Mitigation sequencing (Section 16.50.170);
and
5. A discussion of ongoing management
practices that will protect habitat after the
project site has been developed, including
proposed monitoring and maintenance
programs.
D. Additional Information May be
Required. When appropriate due to the type
of habitat or species present or the project
area conditions, the director may also
require the habitat management plan to
include:
1. An evaluation by the Department ofFish
and Wildlife or qualified expert regarding
the applicant's analysis and the
effectiveness of any proposed mitigating
measures or programs, to include any
recommendations as appropriate;
2. An evaluation by the local Native
American Indian Tribe; and
3. Detailed surface and subsurface
hydrologic features both on and adjacent to
the site. (Ord. 2477 § 2 (Exh. B (part)),
2007)
16.95.030 Performance
standards-General
requirements.
A. Mitigation Standards.
1. Applicants proposing activities subject
to this chapter shall demonstrate that the
activity:
a. Substantially maintains the level of
habitat functions and values as
characterized and documented using best
available science; and
b. Minimizes habitat disruption or
alteration beyond the extent required to
undertake the proposal.
2. If it is determined that habitat designated
under this chapter will incur a net loss in
functions and values, all losses shall be
mitigated on-site as a first priority, and off-
site thereafter.
a. Where on-si~e mitigation that could
90
adequately address the loss is infeasible,
the applicant shall consult with a qualified
habitat restoration specialist, the city, and
the Washington State Department ofFish
and Wildlife regarding off-site mitigation.
Mitigation shall prioritize the preservation
and restoration of Lower Washougal River
instream and riparian habitat and should be
guided by the Washougal River Subbasin
chapter of the Lower Columbia Salmon
Recovery Plan.
b. If on-site mitigation is infeasible,
payment may be accepted in lieu of an off-
site mitigation project. At a minimum, such
payment shall be equivalent to the cost of
implementing an acceptable off-site
project, as estimated by a qualified
professional approved by the city, in
consultation with the Washington State
Department ofFish and Wildlife. The city
shall use these funds for habitat
improvements it believes are in the best
interest of the city and provide a greater
ecological benefit than the alternative off-
site project. Habitat improvements under
this section are subject to the following
criteria:
i. Fees will be used to find a clearly defmed
mitigation project;
ii. The project being funded will result in
an increase in function that adequately
compensates for the permitted impacts;
iii. Preference is given to proj ects within
the same drainage basin as the impact, if
they can provide similar functional
improvements;
iv. There is a clear timeline for completing
the mitigation project; and
v. There are provisions for long-term
protection and management, including
mechanisms such as conservation
easements, and funding for long-term
monitoring and maintenance of the site.
3. Alternate Mitigation.
a. Habitat Mitigation Banking.
i. Construction, enhancement or restoration
of habitat to use as mitigation for future
habitat development impacts is permitted
subject to the following:
(A) A critical area permit shall be obtained
prior to any mitigation banking. If a habitat
permit is not obtained prior to mitigation
bank construction, mitigation credit shall
not be awarded. On projects proposing off-
site habitat banking in addition to required
habitat mitigation, a separate habitat permit
shall be required for each activity;
(B) Federal and state habitat regulations, if
applicable, may supersede city
requirements.
ii. The mitigation credit allowed will be
determined by the city, based on the habitat
category, condition and mitigation ratios as
specified in this chapter. Prior to granting
mitigation banking credit, all habitat
mitigation banking areas must comply with
the applicable sections of this chapter and
Chapter 16.50.
iii. On projects proposing off-site habitat
banking in addition to required habitat
mitigation, a separate permit fee will be
required for each activity.
iv. Purchase of banked habitat credits is
permitted to mitigate for habitat impacts in
the same watershed provided the applicant
has minimized habitat impacts, where
reasonably possible, and the following
requirements are met:
(A) Documentation, in a form approved by
the prosecuting attorney, adequate to verify
the transfer of habitat credit shall be
submitted; and
(B) A plat note along with information on
the title shall be recorded in a form
approved by the prosecuting attorney as
adequate to give notice of the requirements
of this section being met by the purchase of
banked habitat credits.
4. Subject to individual circumstances,
potential mitigation measures may include,
but are not limited to, the following:
a. Establishment of buffers;
b. Requirement of a performance bond,
when necessary, to ensure completion and
success of proposed mitigation;
c. Avoiding the impact all together by not
taking a certain action or parts of an action;
d. Exploring alternative on-site locations to
avoid or reduce impacts of activities;
e. Preserving important vegetation and
natural habitat features by establishing
buffers or by limiting clearing or alteration;
91
f. Replacing invasive exotic plants with
native species (refer to the Clark County
Native Plant Communities Guide or other
relevant publication for guidance);
g. Prohibiting introduction of invasive
plant species in habitat areas;
h. Enhancing, restoring or replacing
vegetation or other habitat features and
functions;
i. Using native plants where appropriate
when planting within habitat areas (refer to
the Clark County Native Plant
Communities Guide or other relevant
publication for guidance);
j. Managing access to habitat areas,
including exclusionary fencing for
livestock if needed;
k. Using existing stream crossings
whenever a review of suitability, capacity,
access and location, habitat impacts of
alternatives, maintenance, liability and
economics indicate the existing crossing is
feasible;
1. Constructing new stream crossings, when
necessary, in conformance to the water
crossing structure standards in WAC 220-
110-070 (Hydraulic Code Rules), which
are incorporated by reference;
m. Seasonally restricting construction
activities;
n. Implementing best management
practices and integrated management
practices;
o. Monitoring or review of impacts and
assurance of stabilization of the area;
p. Establishing performance measures or
bonding;
q. Establishing conservation covenants and
other mechanisms to ensure long-term
preservation or maintenance of mitigation
actions;
r. Utilizing low impact development
techniques;
s. Promoting water quality by limiting the
use of lawn and garden chemicals in habitat
areas; and/or
t. Avoiding topsoil removal and
minimizing topsoil compaction.
B. Nonindigenous Species Shall Not Be
Introduced Via Mitigation. No plant,
wildlife, or fish species not indigenous to
the region shall be introduced, via
mitigation, into a habitat conservation area.
C. Mitigation Should Result in Contiguous
Corridors. In accordance with a mitigation
plan, mitigation sites should preferably be
located by the following and in priority
order:
1. On-site and contiguous to wildlife
habitat corridors; or
2. Off-site that is adjacent to the subject
site and contiguous to wildlife habitat
corridors; or
3. Mitigation within the natural open space
network, as identified in the comprehensive
parks and open space plan, may be allowed
for off-site mitigation or in place of on-site
mitigation, where development and
mitigation will result in an isolating effect
on the habitat.
D. Approvals of Activities May Be
Conditioned. The director shall condition
approvals of activities allowed within or
adjacent to a habitat conservation area or
its buffers, as necessary to minimize or
mitigate any potential adverse impacts.
Conditions may include, but are not limited
to: (1) establishment of buffers; (2)
preservation of critically important
vegetation; (3) limitation of access to the
habitat area, including fencing to deter
unauthorized access; (4) seasonal
restriction of construction activities; (5)
establishment of a duration and timetable
for periodic review of mitigation activities;
and (6) requirement of a performance bond,
when necessary, to ensure completion and
success of proposed mitigation.
E. Buffers.
1. Establishment of Buffers. The director
shall require the establishment of buffer
areas for activities in, or adjacent to, habitat
conservation areas when needed to protect
habitat conservation areas. Buffers shall
consist of an undisturbed area of native
vegetation, or areas identified for
restoration, established to protect the
integrity, functions and values of the
affected habitat. Required buffer widths
shall reflect the sensitivity of the habitat
and the type and intensity of human
activity proposed to be conducted nearby,
92
and should be consistent with the
management recommendations issued by
the State Department ofFish and Wildlife.
2. Seasonal Restrictions. When a species is
more susceptible to adverse impacts during
specific periods of the year, seasonal
restrictions may apply. Larger buffers may
be required and activities may be further
restricted during the specified season.
3. Habitat Buffer Averaging. The director
may allow the recommended habitat area
buffer width to be averaged in accordance
with a critical area report, only if:
a. It will not reduce stream or habitat
functions;
b. It will not adversely affect salmonid
habitat;
c. It will provide additional natural
resource protection, such as buffer
enhancement;
d. The total area contained in the buffer
area after averaging is no less than that
which would be contained within the
standard buffer;
e. The buffer area width is not reduced by
more than fifty percent in any location; and
f. The buffer area width is not less than
twenty-five feet.
F. Mitigation Plan Requirements. When
mitigation is required, the applicant shall
submit a mitigation plan as part of the
critical areas report. The mitigation plan
shall include:
1. Detailed Construction Plans. The
mitigation plan shall include descriptions
of the mitigation proposed, such as:
a. The proposed construction sequence,
timing, and duration;
b. Grading and excavation details;
c. Erosion and sediment control features;
d. A planting plan specifying plant species,
quantities, locations, size, spacing, and
density; and
e. Measures to protect and maintain plants
until established.
These written descriptions shall be
accompanied by detailed site diagrams,
scaled cross-sectional drawings,
topographic maps showing slope
percentage and final grade elevations, and
any other drawings appropriate to show
construction techniques or anticipated fmal
outcome.
2. Monitoring Program. The mitigation
plan shall include a program for monitoring
construction of the mitigation project and
for assessing a completed project. A
protocol shall be included outlining the
schedule for site monitoring, and how the
monitoring data will be evaluated to
determine if the performance standards are
being met. A monitoring report shall be
submitted as needed to document
milestones, successes, problems, and
contingency actions of the mitigation
project. The mitigation project shall be
monitored for a period necessary to
establish that performance standards have
been met, but not for a period less than five
years.
The city shall notify the responsible party
in writing once the conditions of the
monitoring plan are met.
3. Adaptive Management. The mitigation
plan shall include identification of potential
courses of action, and any corrective
measures to be taken if monitoring or
evaluation indicates project performance
standards are not being met. (Ord. 2477 § 2
(Exh. B (part)), 2007)
16.95.040 Performance
standards-Specific habitats.
A. Endangered, Threatened, and Sensitive
Species.
1. No development shall be allowed within
a habitat conservation area or buffer with
which state or federally endangered,
threatened, or sensitive species have a
documented presence.
2. Activities proposed adjacent to a habitat
conservation area with which state or
federally endangered, threatened, or
sensitive species have a documented
presence shall be protected through the
application of protection measures in
accordance with a critical area report
prepared by a qualified professional and
approved by the city of Camas. Approval
for alteration of land adjacent to the habitat
conservation area or its buffer shall include
consultation with the Department ofFish
93
and Wildlife and the appropriate federal
agency.
B. Anadromous Fish.
1. All activities, uses, and alterations
proposed to be located in water bodies used
by anadromous fish or in areas that affect
such water bodies shall give special
consideration to the preservation and
enhancement of anadromous fish habitat,
including, but not limited to, adhering to
the following standards:
a. Activities shall be timed to occur only
during the allowable work window as
designated by the Department ofFish and
Wildlife for the applicable species;
b. An alternative alignment or location for
the activity is not feasible;
c. The activity is designed so that it will not
degrade the functions or values of the fish
habitat or other critical areas; and
d. Any impacts to the functions or values of
the habitat conservation area are mitigated
in accordance with an approved critical
area report.
2. Structures that prevent the migration of
salmonids shall not be allowed in the
portion of water bodies used by
anadromous fish. Fish bypass facilities
shall be provided that allow the upstream
migration of adult fish and shall prevent fry
and juveniles migrating downstream from
being trapped or harmed.
3. Fills may only intrude into water bodies
used by anadromous fish when consistent
with the Camas shoreline master program
and the applicant demonstrates that the fill
is for a water-dependent use that is in the
public interest.
C. Wetland Habitats. All proposed
activities within or adjacent to habitat
conservation areas containing wetlands
shall, at a minimum, conform to the
wetland development performance
standards set forth in Wetlands (Chapter
16.60).
D. Stream Buffer Widths. Stream buffers
are established for habitats that include
aquatic systems. Unless otherwise allowed
in this title, all structures and activities
shall be located outside of the stream buffer
area.
The following base stream buffer widths
are based upon the Washington Department
of Natural Resources (DNR) Water Typing
System and further classification based
upon fish presence (Fish bearing v. Non-
fish Bearing) for Type F streams existing in
the city of Camas. Widths shall be
measured outward, on the horizontal plane,
from the ordinary high water mark or from
the top of bank if the ordinary high water
mark cannot be identified. Buffer areas
should be sufficiently wide to achieve the
full range of riparian and aquatic
ecosystem functions, which include but are
not limited to protection of instream fish
habitat through control of temperature and
sedimentation in streams; preservation of
fish and wildlife habitat; and connection of
riparian wildlife habitat to other habitats.
Please see Appendix A Water Typing
System located at the end of this chapter.
Stream Buffer Widths
Stream Type
S
Type F, anadromous
fish bearing stream
flowing to reaches
with anadromous
;!i~~?~~~~a.:~~~~~
Base Buffer
Width
75 feet :1 Type F, anadromous :1
fish bearing stream il
flowing to reaches
~!~~~~:::~:~:s 11 .................................................................. .
Type F, non-;175 feet :1
anadromous fish if !.:I
,bea~~ ... ~.~~~._ .... N ' : IL!yp~~Pm:[mmmm~50fe~tm."
l[f~~E==]L~?.~tl~!
1. Increased Stream Buffer Area Widths.
The base stream buffer width may be
increased, as follows:
a. When the director determines that the
base width is insufficient to prevent habitat
degradation and to protect the structure and
94
functions of the habitat area; and
b. When the habitat area is within an
erosion or landslide hazard area, or buffer,
the stream buffer area shall be the base
width, or the erosion or landslide hazard
area or buffer, whichever is greater.
2. Stream Buffer Area Reduction and
Averaging. The director may allow the
base stream buffer area width to be reduced
in accordance with a critical area report
only if:
a. The width reduction will not reduce or
degrade stream or habitat functions,
including anadromous fish habitat and
those of nonfish habitat;
b. The stream buffer area width is not
reduced by more than fifty percent in any
one location;
c. The stream buffer area width is not
reduced to less than fifteen feet;
d. The width reduction will not be located
within another critical area or associated
buffer and the reduced stream buffer area
width is supported by best available
science;
e. All undeveloped lands within total area
will be left undeveloped in perpetuity by
covenant, deed restriction, easement or
other legally binding mechanism;
f. The buffer averaging plan shall be
conducted in consultation with a qualified
biologist and the plan shall be submitted to
the Washington Department ofFish and
Wildlife for comment; and
g. The director will use the
recol11l1).endations of the qualified experts
in making hislher decision on a plan that
uses buffer averaging. .
3. Stream Buffer Mitigation. Mitigation of
adverse impacts to stream buffer areas shall
result in equivalent functions and values,
on a per function basis, and be located in
the same drainage basin as the habitat
impacted.
4. Alternative Mitigation for Stream Buffer
Areas. The requirements set forth in this
section may be modified at the city of
Camas's discretion if the applicant
demonstrates that greater habitat functions,
on a per function basis, can be obtained in
the affected drainage basin as a result of
alternative mitigation measures.
E. Stream Buffer Areas, Ponds, Lakes, and
Waters of the State. The following specific
activities may be permitted within a stream
buffer area, pond, lake, and water of the
state, or associated buffer when the activity
complies with the provisions set forth in
the city of Camas shoreline master program
and subject to the following standards:
1. Clearing and Grading. When clearing
and grading is permitted as part of an
authorized activity or as otherwise allowed
in these standards, the following shall
apply:
a. Grading is allowed only during the dry
season, which is typically regarded as
beginning on May 1 st and ending on
October 1st of each year, provided that the
city of Camas may extend or shorten the
dry season on a case-by-case basis.
b. Filling or modification of a wetland or
wetland buffer is permitted only if it is
conducted as part of an approved wetland
alteration.
c. Erosion and sediment control that meets
or exceeds the standards set forth in the
city of Camas Design Standards Manual
shall be provided.
2. Streambank Stabilization. Streambank
stabilization to protect new structures from
future channel migration is not permitted
except when such stabilization is achieved
through bio-engineering or soft armoring
techniques in accordance with an approved
critical area report.
3. Launching Ramps-Public or Private.
Launching ramps may be permitted in
accordance with an approved critical area
report that has demonstrated the following:
a. The project will not result in increased
beach erosion or alterations to, or loss of,
shoreline substrate within one-quarter mile
of the site; and
b. The ramp will not adversely impact
critical fish or wildlife habitat areas or
associated wetlands.
4. Docks. Repair and maintenance of an
existing dock or pier may be permitted
subject to the following:
a. There is no increase in the use of
materials creating shade for predator
95
speCIes;
b. There is no expansion in overwater
coverage;
c. There is no increase in the size and
number of pilings; and
d. There is no use of toxic materials (such
as creosote) that come in contact with the
water.
S. Roads, Trails, Bridges, and Rights-of-
Way. Construction of trails, roadways, and
minor road bridging, less than or equal to
the city's street standards, may be
permitted in accordance with an approved
critical area report subject to the following
standards:
a. The crossing minimizes interruption of
downstream movement of wood and
gravel;
b. Mitigation for impacts is provided
pursuant to a mitigation plan of an
approved critical area report;
c. If applicable, road bridges are designed
according to the Department ofFish and
Wildlife Fish Passage Design at Road
Culverts, March 1999, and the National
Marine Fisheries Service Guidelines for
Salmonid Passage at Stream Crossings,
2000; and
d. Trails and associated viewing platforms
shall not be made of continuous impervious
materials.
6. Utility Facilities. New underground
utility lines and facilities may be permitted
to cross watercourses in accordance with
an approved critical area report if they
comply with the following standards:
a. Installation shall be accomplished by
boring beneath the scour depth and
hyporheic zone (sediments underlying the
surface stream) of the water body;
b. The utilities shall cross at an angle
greater than sixty degrees to the centerline
of the channel in streams or perpendicular
to the channel centerline whenever boring
under the channel is not feasible and shall
be contained within the footprint of an
existing road or utility crossing where
possible; and
c. The utility route should avoid paralleling
the stream or following a down-valley
course near the channel; and installation
-----,-"---.-----------------~----------------------------------------------------------------------------
shall not increase or decrease the natural
rate of shore migration or channel
migration.
7. Public Flood Protection Measures. New
public flood protection measures and
expansion of existing ones may be
permitted, subject to the city of Camas's
review and approval of a critical area report
and the approval of a federal biological
assessment by the federal agency
responsible for reviewing actions related to
a federally listed species.
8. Instream Structures. Instream structures,
such as high flow bypasses, sediment
ponds, instream ponds, retention and
detention facilities, tide gates, dams, and
weirs, shall be allowed only as part of an
approved watershed basin restoration
project approved by the city of Camas and
upon acquisition of any required state or
federal permits. The structure shall be
designed to avoid modifying flows and
water quality in ways that may adversely
affect habitat conservation areas.
9. Stormwater Conveyance Facilities.
Conveyance structures may be permitted in
accordance with an approved critical area
report subject to the following standards:
a. Mitigation for impacts is provided;
b. Instream stormwater conveyance
facilities shall incorporate fish habitat
features; and
c. Vegetation shall be maintained and, if
necessary, added adjacent to all open
channels and ponds in order to retard
erosion, filter out sediments, and shade the
water.
10. On-Site Sewage Systems and Wells.
All developments subject to review under
this section shall be connected to city water
and sanitary facilities. Existing private
water and sanitary facilities shall be
abandoned in a manner consistent with
state law. (Ord. 2477 § 2 (Exh. B (part)),
2007)
, ________ "_, ___ ._m~_F_'_· ______________ ~ij_~~_~~_'_~~m~ __________ _
96
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SCA LE IN FEET
ECOLOG ICA L LAND SE RVICES , INC.
1157 3rd Ave., Suite 220 Longview, WA 98632
(360) 578-1371 Fax: (360) 414-9305
600
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DATE: 12/19/07
OWN: CB
REQ. BY:LW
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2. Aerial photograph provided by Google Earth TM, 2006
Fig ure 2
SITE MAP
Ei fo rd /GVH Commercial Property
Grass Valley Holdin gs and Dwayne Eiford
City of Camas, Clark County, Was hington
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Reference Numbers(s) of related documents:
Additional Reference #'s on page __
Grantor(s) (Last, First and Middle Initial)
Additional grantors on page _
Grantee(s) (Last, First and Middle Initial)
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Legal Description (abbreviated form: Le. lot, block plat or section, township, range, quarter/quarter)
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The Auditor/Recorder will rely on the information provided on thiS form. The staff will not read the document to verify
the accuracy or completeness of the indexing information provided herein.
I am requesting an emergency nonstandard recording for an additional fee as provided in
R W 36.18.010. I understand that the recording processing requirements may cover up
therw· s art of the text of the original document.
1
2
3
4
5
6
7 PRE-ANNEXATION DEVELOPMENT AGREEMENT
8
9
10
11 THI;S DEVELOPMENT AGREEMENT is made and entered into by and between the
12 City of Camas, a Washington Municipal Corporation, hereinafter the "City," and Grass
13 Valley Holdings, LLC, a Nevada Limited Liability Company, APC Sunrise Summit LLC,
14 a Washington Limited Liability Company, and Skola, LLC, a Washington Limited
15 Liability Company, collectively GRASS VALLEY AFFILIATED ENTITIES (GRASS
16 VALLEY), and Eiford Properties, LLC, a Washington Limited Liability Company
17 (ElFORD). GRASS VALLEY and ElFORD are hereinafter collectively referred to as
18 the "Developer".
19
20 RECITALS:
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22 WHEREAS, Developer owns or controls certain real property which is located
23 outside the City's present municipal boundary, but is located within the City's Urban
24 Growth Boundary; the real property is more fully described in the attached Exhibit "A"
25 and is incorporated by reference herein (hereafter the "Property"); and,
26
27 WHEREAS, Developer and Fisher Asset Management, LLC, a Delaware Limited
28 Liability Company (including any affiliate thereof, "Fisher"), have executed option
29 agreements (hereafter the "Option Agreements") under which Fisher has been granted the
30 option to purchase that portion of the Property more fully described in the attached
31 Exhibit "B" which is incorporated by reference herein (hereafter the "Option Property");
32 and,
33
34 WHEREAS, the City seeks, through execution of this Agreement, to increase
35 employment opportunities within the City, to generate property taxes and to increase
36 opportunities for sales taxes for the City; and
37
38 WHEREAS, dedication of land for public rights of way and utilities to serve the
39 citizens of Camas are consistent with adopted plans and in the interest of the City; and
40
41 WHEREAS, the City acknowledges the benefits associated with Fisher's
42 ownership and development of the Option Property; and,
43
44 WHEREAS, the City is a Washington Municipal Corporation with annexation
45 powers, and land use planning and permitting authority over all land within its corporate
46 limits; and,
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2 WHEREAS, the Washington State Legislature has authorized the execution of a
3 Development Agreement between a local government and a person having ownership or
4 control of real property within its jurisdiction pursuant to RCW 36. 70B.170(1); and
5
6 WHEREAS, local governments may also enter into a Development Agreement
7 for real property outside its boundaries as part of a proposed annexation or service
8 agreement pursuant to RCW 36.70B.170(1); and
9
10 WHEREAS, pursuant to RCW 36.70B.170, a Development Agreement may set
11 forth the development standards and other provisions that shall apply to, govern and vest
12 the development, use and mitigation of the development of real property for the duration
13 specified in the agreement; which statute provides:
14
15 (1) A local government may enter into a Development Agreement with a
16 person having ownership or control of real property within its jurisdiction.
17 A city may enter into a development agreement for real property outside
18 its boundaries as part of a proposed annexation or a service agreement. A
19 development agreement must set forth the development standards and
20 other provisions that shall apply to and govern and vest the development,
21 use, and mitigation of the development of the real property for. the
22 duration specified in the agreement. A development agreement shall be
23 consistent with applicable development regulations adopted by a local
24 government planning under chapter 36.70A RCW; and
25
26 WHEREAS, the legislative fmdings supporting the enactment of this
27 section provides:
28
29 The legislature fmds that the lack of certainty in the approval of
30 development projects can result in a waste of public and private resources,
31 escalate housing costs for consumers and discourage the commitment to
32 comprehensive planning which would make maximum efficient use of
33 resources at the least economic cost to the public. Assurance to a
34 development project applicant that upon government approval the project
35 may proceed in accordance with existing policies and regulations, and
36 subject to conditions of approval, all as set forth in a development
37 agreement, will strengthen the public planning process, encourage private
38 participation and comprehensive planning, and reduce the economic costs
39 of development. Further, the lack of public facilities and services is a
40 serious impediment to development of new housing and commercial uses.
41 Project applicants and local governments may include provisions and
42 agreements whereby applicants are reimbursed over time for financing
43 public facilities. It is the intent of the legislature by RCW 36.70B.170
44 through 36.70B.21O to allow local governments and owners and
45 developers of real property to enter into development agreements;
46
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1 and,
2 WHEREAS, for the purposes of this Development Agreement, "development
3 standards" includes, but is not limited to, all of the standards listed in RCW
4 36.70B.170(3); and
5
6 WHEREAS, this Development Agreement by and between the City of Camas
7 and DEVELOPER (hereinafter the "Agreement"), relates to the annexation, zoning and
8 future development of the Property; and,
9
10
11 NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
12
13 Section 1. Development Agreement. This Agreement is a Development Agreement
14 to be implemented under the authority of and in accordance with RCW 36.70B.170
15 through RCW 36.70B.210. It shall become a contract between Developer and the City
16 upon the City's approval by ordinance or resolution following a public hearing as
17 provided for in RCW 36.70B.170.
18
19 Section 2. Definitions. As used in this Development Agreement, the following terms,
20 phrases and words shall have the meanings and be interpreted as set forth in this Section.
21
22 "Adopting Resolution" means the Resolution which approves this Development
23 Agreement, as required by RCW 36.70B.200.
24 "Effective Date" means the effective date established by the Adopting Resolution.
25
26 Section 3. Term of Agreement. This Agreement shall commence upon the Effective
27 Date, and shall continue in force for a period of ten (10) years; unless extended or
28 terminated as provided herein.
29
30 Section 4. Zoning and Comprehensive Plan Designations
31 Upon the annexation of the Property into the City's municipal boundary the City shall
32 establish zoning for the Property, consistent with Exhibit "C" which is attached hereto
3 3 and incorporated by reference herein.
34
35 Section 4.1 Vesting
36 Based upon the substantial investment that will be necessary for this area to develop and
3 7 the desire by the City and the Developer for predictable development standards
38 throughout the build-out of the Property (which could be as long as ten years) ; unless
39 otherwise specified herein or through an amendment of this Agreement by mutual
40 agreement of the Parties, the permitted and conditional uses provided under the City's
41 Zoning Ordinance and all other applicable development regulations applicable to the
42 Property, e.g. storm water, sensitive areas, subdivision, site plan regulations, rules, plans
43 or policies, shall be those that are attached hereto as Exhibit "E" and incorporated by
44 reference herein. Provided, however, that upon expiration or lawful termination of this
45 Agreement, all land use applications affecting the Property shall be governed by the land
46 use regulations in effect at the time such application is filed wHh the City. The City shall
47 have no liability for any damages or losses suffered by the Developer or the Developer's
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successors if a Federal or State agency takes action that voids, nullifies or preempts the
City's agreement to permit vesting as provided herein.
Section 4.2 Effect on Fees or Charges
As provided for in RCW 36.70B.180, during the term of this Agreement, the
development standards provided for in this Agreement shall not be subject to unilateral
amendment, or amendment to zoning ordinances, development standards, or regulations,
or a new zoning ordinance or development standard or regulations adopted after the
effective date of this Agreement. Provided, however, that the vesting granted by this
Agreement shall not apply to impact fees, taxes, permit application fees or utility
connection charges, which shall be determined or calculated consistent with Camas
provisions applicable on the date such fee, charge or tax is triggered. Within thirty days
of Site Plan Review application(s) approval on some portion of the Property for 150,000
square feet of building structure(s) containing uses consistent with the property's zoning
as identified in Exhibit "C" and the zoning regulations identified in Exhibit "E", but
specifically requiring that at least one third of the square footage shall be retail or office
uses and specifically excluding any of The Property zoned for residential use, the City
shall update its Capital Facilities Plan to include the sewer and water improvements
identified in Exhibit "D". The City shall also as part of that process adjust its System
Development Charges for sewer and water to reflect the addition of the sewer and water
facilities identified in Exhibit "D". lnno event shall the City's obligation to amend its
Capital Facilities Planor adjust its System Development Charges occur prior to
September 15 th , 2008. In the event that Developer wishes to have a building permit
issued prior to September 15 th , 2008, the Developer agrees that it will pay the difference
between the SDC rate in effect on the date of the issuance of the building permit and
whatever higher rate, if any, that is in effect on Sept 15,2008. Such payment, if any,
shall be made on or before October 15 th , 2008.
Section 4.3 Threat to Public Health
Pursuant to RCW 36.70B.170, the City reserves the right to impose new or different
regulations to the extent required by a serious threat to public health and safety.
Section 5. 38 th Avenue
The City's Capital Facilities Plan includes 38th Avenue between Parker Road and the
Vancouver municipal boundary as a three lane roadway. It also provides for the
extension of 38 th Avenue from Bybee Road west to the Vancouver municipal boundary.
The City agrees, subject to Fisher exercising its option pursuant to the Option
Agreements and acquiring the Option Property from Developer: (i) to exercise its best
efforts to obtain funding from grants and other sources to construct or cause to be
constructed the extension of 38th Street from Parker Ave. to the Vancouver municipal
boundary, as identified in the Capital Facilities Plan, as soon as reasonably possible
based upon the City's acquired funding; and (ii) to not withdraw or cause 38 th Street
between Parker Ave. and the Vancouver municipal boundary to be removed from the
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City's Capital Facilities Plan. The Developer agrees to dedicate a thirty foot half width
right-of-way on either side of the centerline (approximate centerline location being the
westerly extension of the currently constructed 38th Avenue) to the extent such area is
located upon property owned by the Developer. If developer owns property on both
sides of the centerline, Developer shall dedicate thirty feet on each side of the centerline.
The dedication shall be made within six months of the effective date of this Agreement.
Section 6. Sewer and Water
The City agrees, to design and construct the extension of water and sewer facilities from
Parker Road to Bybee Road substantially in accordance with the water and sewer
improvement plan and map attached hereto as Exhibit "D" and incorporated by
reference herein. Design of the sewer and water facilities by the City shall begin upon
execution of this Agreement and shall be completed by June 2, 2008. Upon completion
of design, the City will promptly prepare and submit any necessary application or
information to the Washington Department of Ecology (DOE) or the Washington
Department of Health (DOH) necessary in order for the City to construct and utilize the
sewer and water facilities identified in Exhibit "D"; and, the City shall thereafter
diligently pursue any approvals necessary from DOH or DOE to provide sewer or water
services to the Property.
Section 6.1 Sewer and water Construction
The City shall go to bid on the construction of the sewer and water facilities identified in
Exhibit "D" within thirty days of the submittal of fully complete application(s) to the
City for development review including Site Plan Review, and the submission of a SEP A
checklist and any applicable critical area or archeological application materials, (Site Plan
Review) on some portion of the Property that contains a minimum of 150,000 square feet
of building structure(s) containing uses consistent with the uses provided for by the
Property's zoning as identified in Exhibit "C" and the zoning regulations identified in
Exhibit "E", but specifically requiring that one third of the square footage be retail or·
office uses and specifically excluding any of the Property zoned for residential use. If,
due to the ultimate design of the sewer and water facilities identified in Exhibit "D", a
sewer pump station needs to be located upon the Developer's property( excluding the
Option Property), the Developer shall, prior to the latter of: (1) the completion of the
sewer and water design by the City and the City's acquisition of any necessary State
approvals; or, (2) the submittal of a fully complete application for Site Plan Review on
some portion of the Property that contains 150,000 square feet of building structure(s)
containing uses consistent with The Property's zoning as identified in Exhibit "C" and
the zoning regulations identified in Exhibit "E", but specifically requiring that at least
one third of the square footage be retail or office uses and specifically not including any
of the Property zoned for residential use, dedicate adequate land area to accommodate
the sewer pump station. The fair market value of the dedicated property shall be System
Development Charge creditable. If during the course of development of that portion of
the Property south ofNW 38th Avenue, the City determines that an easement for the
purpose of looping a water line between NW Pac Rim Boulevard and NW 38th Avenue is
desirable across that portion of the Property, then the Parties agree that the City may as a
condition of development review require such an easement; provided that, the location
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shall be agreed upon by the City and owner and will, to the greatest extent possible, have
the least potential impact on the owner's development plans.
Section 6.2 Timing of construction
The City's obligation to complete construction of the sewer and water facilities identified
in Exhibit "D", except for the sewer pump station, shall be one year from the date of
approval of the application(s) for Site Plan Review for 150,000 square feet of building
structure(s), containing uses consistent with the property's zoning as identified in
Exhibit "C" and which is consistent with the zoning regulations identified in Exhibit
"E", but specifically requiring that at least one third of the uses be retail or office uses
and specifically excluding any of The Property zoned for residential use. Provided,
further that the City's obligation to go to bid on the pump station shall occur within ten
days of the Developer applying for a building permit for a building approved under the
Site Plan Review approval provided for in this Agreement and the City's obligation to
begin construction of the sewer pump station shall be triggered by the commencement of
construction of a building approved under the Site Plan Review approval provided for in
this Agreement. The City shall complete construction of the sewer pump station within
90 days from the commencement of construction. In no event shall the City's obligation
to complete construction of any of the sewer and water facilities be earlier than June 1,
2009. Provided further, the City may subsequently agree to complete the construction
sooner. Approval of the extension of the sewer and water lines is subject to approvals by
DOE and DOH. The commencement of the construction time frames are contingent upon
those approvals being secured by the City. The City shall not be held responsible for
delays caused by outside agency review and approval processes, provided the City timely
applies andlor provides information to DOE and DOH in accordance with Section 6.
Section 6.3 Required Sewer and Water Service
Notwithstanding the provisions of Section 6.2, unless some portion of the approved site
plan review provided for in section 6.2 requires sewer and water service to be provided
from 38 th Avenue, the City's obligation to construct under Section 6.2 shall not be
triggered.
Section 7. Further Discretionary Actions.
Nothing in this Agreement shall be construed to limit the authority or the obligation of
the City to process any land use approvals, including preliminary plat, CUP, Site Plan
Review or building permit under the processes established by the City; provided however
that such process shall not impose conditions inconsistent with the provisions of this
Agreement.
Section 8. Remedies.
Should a disagreement arise between the City and Developer regarding the interpretation
and application of this Agreement, the parties agree to attempt to resolve the
disagreement by first meeting and conferring. If such meeting proves unsuccessful to
resolve the dispute, the disagreement may be resolved by judicial action filed in the Clark
County Superior Court.
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Section 9. Performance.
Failure by either party at any time to require performance by the other party of any of the
provisions hereof shall in no way affect the parties' rights hereunder to enforce the same,
nor shall any waiver by a party of the breach hereof be held to be a waiver of any
succeeding breach or a waiver ofthis non-waiver clause.
Section 10. Venue.
This Agreement shall be construed in accordance with and, governed by, the laws of the
State of Washington. The parties agree to venue in the Superior Court for Clark County,
State of Washington, to resolve any disputes that may arise under this Agreement.
Section 11. Severability.
If any portion of this Agreement shall be invalid or unenforceable to any extent, the
validity of the remaining provisions shall not be affected thereby.
Section 12. Inconsistencies
If any provisions of the Camas Municipal Code are deemed inconsistent with the
provisions of this Agreement, the provisions of this Agreement shall prevail.
Section 13. Binding on Successors and Recording.
This Agreement shall run with the land and be binding upon and inure to the benefit of
Developer, the parties, and their respective heirs, successors and assigns. This
Agreement shall be recorded against the real property indicated on Exhibit "A" with the
Clark County Auditor.
Developer may sell or otherwise lawfully dispose of any portion of the Property to
another person who, unless otherwise released by all parties, shall be subject to the
applicable provisions of this Agreement related to such portion of the Property.
Section 14. Recitals.
Each of the recitals contained herein are intended to be, and are incorporated as,
covenants between the parties and shall be so construed.
Section 15. Amendments.
This Agreement may only be amended by mutual agreement of the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Development
Agreement to be executed as of the dates set forth below:
CITY OF CAMAS, WASHINGTON
By (person signing) PAuL. DEtJ jJ (5
Title MA'it> R
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GRASS VALLEY HOLDINGS, LLC
Berson signing) --=-~.£..:J="--"'--'-~--'-"'~
Title A?C 11\.)(.
APC SUNRISE SUMMIT, LLC
SKOLA,LLC
bill ,~~.
By (p e7ol1S igning) ~~ I
Title &R Co I tV C • f'V\.~
ElFORD PROPERTIES, LLC
STATE OF WASHINGTON)
) ss.
County of Clark )
I certify that I know or have satisfactory evidence that
P 4u.1-PE..~y lS is the person who appeared before me, and said person
acknowledged that he signed this instrument, on oath stated that he was authorized to
execute the instrument and acknowledged it as the tw1A'io~ of the
City of CAMAS, Washington, to be the free and voluntary act of such party for the uses
and purposes mentioned in the instrument.
Dated: 1 lO B/oB --~~,~~,~---------
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JAMES M HODGES
STATE OF WASHINGTON
NOTARy ---o ---PUBUC
My Commission ElqIRS Dec 15 .2009
STATE OF WASIllNGTON )
):ss
COUNTYOFCLARK )
~%.,tJd~
Nb1ary Public in and for the State of
Washington, residing at Vancouver.
My appointment expires: J~//5Io9
-:VAV/O L..v~t..,AN'
On this day personally appeared before me f'£ES , to me known as the
P g.E.c;,( 'P c tJT of GRASS VALLEY HOLDINGS, LLC and acknowledged that he
signed this document as his free and voluntary act and deed for the uses and purposes therein . .~'ifiRnl'"
mentIOned. ", .. "'" \~ f . OSS, "~" ~o ._ ..... e 0..(1. '"
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WI ,'lily ha ~\[id ~fficial seal hereto affixed the day and year first above written.
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\, .l~ '\.~~. ,t'§>~1 ~ f NOTARY PUBLIC and for the State of: ~~;~~1~.·:~& "l residing at V ,a.tV~ v~ ~~ OF WASy..~\\, .. , My appointment expires: .3/1 ~ ! 2dO ~ "'lu .,.",'" l-
STATE OF W ASIllNGTON )
):ss
COUNTY OF CLARK )
"j;::J4 t./ I ICJ
On this day personally appeared before me LV G L ,,,, I\.J I ,to me known as the
P.e.t;;~1 D~~~th~UNRISE SUMMIT, LLC and acknowledged that he signed this
document as hil'6C>~{i1a!C;: act and deed for the uses and purposes therein mentioned .
$ /&'tMSSid.(, ... ~ \
WITf mf$ mtJ~ ~ ~ial seal hereto affixed the day and year first above written.
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STATE OF WASIllNGTON )
):ss
COUNTY OF CLARK )
NOTARY PUBLIC and for the State of:
residing at V ~
My appointment expires: 8,.1, 'C/2<'JCJ f(
lta."Uii.a,,, . ........11 VI 0 . -. "'1 ,~
On this . . ?-.~;;~eared before me L-va.t../ A ~ I ,to me known as the
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: ~-")...:: WI ~: ~'t..J,~~d /mcJ I seal hereto affixed the day and year first above written. ~1 5.7FF!.'/*$ $I: cD ~ a ~ .. o& ~ , '} '1~"I;WA.SH\~6 ........ "" MA.... T. S
l u,,,,W U "" NOTARY PUBLIC and for the State of:
residing at Y ~
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STATE OF WASHINGTON)
):ss
COUNTY OF CLARK )
My appointment expires:
'7Jw'-3ru.-L.
On this day personally appeared before me ~'Ci2 If!-0 ,to me known as the
ik€:S( /)~7 of ElFORD PROPERTIES, LLC at;d acknowledged that he signed this
document as his free an~}~~ act and deed for the uses and purposes therein mentioned.
~" NF: ~,~ . Q""',
WITNES ~. ..~~l seal hereto affixed the day and year first above written .
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\ ~ \\. ~StIC : £ .NOTARY PUBLIC and for the State of: ~~,~ 15 ~/.l i residing at V ..,v.-~ ~"'~::::::~;'~ ........ My appointment expires: :3) /~J'U>O $ " "~-.on~~\:::""" , I $.~" .", """tI""
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Annexation by Code Cities Chapter 3SA.14
35A.13.160 Oath and bond of officers. All provisions
of RCW 35A.12.0S0 relating to oaths and bonds of officers,
shall be applicable to code cities organized under this coun-
cil-managerplan'1 [1967 ex.s. c 119 § 35A.13.160.]
35A.13.170 Council meetings-Quorum-Rules-
Voting. All provisions of RCW 35A.12.11O, as now or here-
after amended, and 35A.12.120, relating to council meetings,
a quorum for transaction of business, rules and voting at
council meetings, shall be applicable to code cities organized
under this council-manager plan. [1979 ex.s. c 18 § 26; 1967
ex.s. c 119 § 35A.13.170.]
Severability-1979 ex.s. c 18: See note following RCW 35A.01.070.
35A.13.180 Adoption of codes by reference. Ordi-
nances of cities organized under this chapter may adopt codes
by reference as provided in RCW 35A.12.140. [1967 ex.s. c
119 § 35A.13.1S0.]
35A.13.190 Ordinances-Style-Requisites-Veto.
The enacting clause of all ordinances shall be as follows:
"The city council of the city of ...... do ordain as follows:"
No ordinance shall contain more than one subject and that
must be clearly expressed in its title.
No ordinance or any section or subsection thereof shall
be revised or amended unless the new ordinance sets forth the
revised ordinance or the amended section or subsection at full
length.
No ordinance shall take effect until five days after the
date of its publication unless otherwise provided by statute or
charter, except that an ordinance passed by a majority plus
one of the whole membership of the council, designated
therein as a public emergency ordinance necessary for the
protection of public health, public safety, public property or
the public peace, may be made effective upon adoption, but
such ordinance may not levy taxes, grant, renew, or extend a
franchise, or authorize the borrowing of money. [1967 ex.s.
c 119 § 35A.13.190.]
35A.13.200 Authentication, recording and publica-
tion of ordinances. Ordinances of code cities organized
under this chapter shall be authenticated, recorded and pub-
lished as provided in RCW 35A.12.150 and 35A.12.160.
[1967 ex.s. c 119 § 35A.13.200.]
35A.13.210 Audit and allowance of demands against
city. RCW 35A.12.170 shall apply to the audit and allow-
ance of demands against the city. [1967 ex. s. c 119 §
35A.B.210.]
35A.13.220 Optional division of city into wards. A
code city organized under this chapter may be divided into
Wards as provided in RCW 35A.12.180. [1967 ex.s. c 119 §
35A.13.220.]
35A.13.230 Powers of council. The council of any
~ode city organized under the council-manager plan provided
III t?is chapter shall have the powers and authority granted to l~glSlative bodies of cities governed by this title as more par-
tICularly described in chapter 35A.l1 RCW, except insofar as
(2006 Ed.)
such power and authority is vested in the city manager. [1967
ex.s. c 119 § 35A.l3.230.]
Sections
35A.14.001
35A.14.005
35A.14.010
35A.14.015
35A.14.020
35A.14.025
35A.14.030
35A.14.040
35A.14.050
35A.14.070
35A.14.0S0
3SA.14.0S5
35A.14.090
35A.14.100
35A.14.110
35A.14.120
3SA.14.130
3SA.l4.l40
35A.14.150
35A.l4.160
35A.l4.170
35A.14.1S0
3SA.14.190
3SA.l4.200
35A.l4.210
35A.14.220
35A.14.231
35A.14.295
35A.14.297
35A.14.299
35A.l4.300
35A.14.310
35A.14.320
35A.14.330
35A.l4.340
35A.14.3S0
35A.l4.400
35A.l4.410
3SA.l4.420
35A.14.430
35A.14.440
35A.l4.450
Chapter 3SA.14 RCW
ANNEXATION BY CODE CITIES
Actions subject to review by boundary review board.
Annexations beyond urban growth areas prohibited.
Authority for annexation-Consent of county commissioners
for certain property.
Election method-Resolution for election-Contents of res-
olution.
Election method---Contents of petition---Certification by
auditor-Approval or rejection by legislative body-
Costs.
Election method-Creation of community municipal corpo-
ration.
Filing of petition as approved by city.
Election method-Hearing by review board-Notice.
Decision of the county annexation review board-Filing-
Date for election.
Election method-Notice of election.
Election method-Vote required for annexation-Proposi-
tion for assumption of indebtedness-Certification.
Election method-Vote required for annexation with
assumption of indebtedness-Without assumption of
indebtedness.
Election method-Ordinance providing for annexation,
assumption of indebtedness.
Election method-Effective date of annexation.
Election method is alternative.
Direct petition method-Notice to legislative body-Meet-
ing-Assumption of indebtedness-Proposed zoning reg-
ulation-Contents of petition.
Direct petition method-Notice of hearing.
Direct petition method-Ordinance providing for annex-
ation.
Direct petition method-Effective date of annexation.
Annexation review board-Composition.
Time for filing nominations-Vacancies.
Terms of members.
Organization of annexation review board-Rules-Jour-
nal-Authority.
Determination by county annexation review board-Factors
considered-Filing of findings and decision.
Court review of decisions of the county annexation review
board.
When review procedure may be dispensed with.
Territory subject to annexation proposal-When annexation
by another city or incorporation allowed.
Annexation of unincorporated island of territory within code
city-Resolution-Notice of hearing.
Ordinance providing for annexation of unincorporated island
of territory-Referendum.
Annexation of unincorporated island of territory within code
city-Referendum-Effective date if no referendum.
Annexation for municipal purposes.
Annexation of federal areas.
Annexation of federal areas-Provisions of ordinance-
Authority over annexed territory.
Proposed zoning regulation-Purposes of regulations and
restrictions.
Notice and hearing-Filings and recordings.
Ownership of assets of fire protection district-Assumption
of responsibility of fire protection-When at least sixty
percent of assessed valuation is annexed or incorporated in
code city.
Ownership of assets of fire protection district-When less
than sixty percent of assessed valuation is annexed or
incorporated in code city.
When right of way may be included-Use of right of way
line as corporate boundary.
Alternative direct petition method-Notice to legislative
body-Meeting-Assumption of indebtedness-Pro-
posed zoning regulation-Contents of petition.
Alternative direct petition method-Notice of hearing.
Alternative direct petition method-Ordinance providing for
annexation.
Alternative direct petition method-Effective date of annex-
ation.
[Title 35A RCW-page 23]
'j I'
E )({u'lo »+ 'A
35A.14.001 Title 35A RCW: Optional Municipal Code
3SA.14.460
3SA.14.470
3SA.14.S00
3SA.14.SS0
3SA.14.700
3SA.14.801
3SA.14.900
3SA.14.901
Annexation qJ territory within urban growth areas-Interlo-
cal agreement-Public hearing-Ordinance providing for
annexation.
Annexation of territory within urban growth areas-County
may initiate process with other cities or towns-Interlocal
agreement-Public hearing-Ordinance-Referendum-
Election, when necessary.
Outstanding indebtedness not affected.
Providing annexation information to public.
Determining population of annexed territory-Certificate-
As basis for allocation of state funds-Revised certificate.
Road district taxes collected in annexed territory-Disposi-
tion-Notification of annexation.
Cancellation, acquisition of franchise or permit for operation
of public service business in territory annexed-Regula-
tion of solid waste collection.
Application of chapter to annexations involving water or
sewer service.
Annexation offire protection district territory: RCW 35.02.190 through
35.02.205.
Resolution initiating election may provide for inclusion of annexed area into
community municipal corporation: RCW 35.13.015.
Water, sewer, or fire districts, annexation of: Chapter 35.13A RCW.
35A.14.001 Actions subject to review by boundary
review board. Actions taken under chapter 35A.14 RCW
may be subject to potential review by a boundary review
board under chapter 36.93 RCW. [1989 c 84 § 38.]
35A.14.005 Annexations beyond urban growth areas
prohibited. No code city located in a county in which urban
growth areas have been designated under RCW 36.70A.110
may annex territory beyond an urban growth area. [1990 1st
ex.s. c 17 § 31.]
Severability-Part, section beadings not law-1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
35A.14.010 Authority for annexation-Consent of
county commissioners for certain property. Any portion
of a county not incorporated as part of a city or town but lying
contiguous to a code city may become a part of the charter
code city or noncharter code city by annexation: PRO-
VIDED, That property owned by a county, and used for the
purpose of an agricultural fair as provided in chapter 15.76
RCW or chapter 36.37 RCW shall not be subject to annex-
ation without the consent of the majority of the board of
county commissioners. An area proposed to be annexed to a
charter code city or noncharter code city shall be deemed
contiguous thereto even though separated by water or tide or
shore lands and, upon annexation of such area, any such
intervening water and/or tide or shore lands shall become a
part of such annexing city. [1967 ex.s. c 119 § 35A.14.01O.]
35A.14.015 Election method-Resolution for elec-
tion-Contents of resolution. When the legislative body of
a charter code city or noncharter code city shall determine
that the best interests and general welfare of such city would
be served by the annexation of unincorporated territory con-
tiguous to such city, such legislative body may, by resolution,
call for an election to be held to submit to the voters of such
territory the proposal for annexation. The resolution shall,
subject to RCW 35.02.170, describe the boundaries of the
area to be annexed, state the number of voters residing
therein as nearly as may be, and shall provide that said city
will pay the cost of the annexation election. The resolution
may require that there also be submitted to the electorate of
[Title 35A RCW-page 24]
the territory sought to be annexed a proposition that all ..•.
erty within the area annexed shall, upon annexatio~rop;::
assessed and taxed at the same rate and on the same ba .' b~
h f h . .. SIS as t e property 0 suc annexmg CIty IS assessed and taxed ..
pay for all or any portion of the then-outstanding indebt ~o
ness of the city to which said area is annexed, which ind ~ -
edness has been approved by the voters, contracted fo e t-
. d' .. h d r, or mcurre pnor to, or eXlstmg at, t e ate of annexaf
Whenever such city has prepared and filed a propOsed zo:n.
regulation for the area to be annexed as pro~de? ~~r in R~
35A.14.330 and 35A.14.340, the resolutIon 11l1t1.ating th
election may also provide for the simultaneous adoption ~
the proposed zoning regulation upon approval of annexati~n
by the electorate of the area to be annexed. A certified copy
of the resol~tion ~hall ~e file~ wi~ the legislative authority of
the county In ~hich SaId temtory IS. located. A certified copy
of the resolutIOn shall be filed WIth the boundary review
board as provided for in chapter 36.93 RCW or the county
annexation review board established by RCW 35A.14.200
unless such annexation proposal is within the provisions of
RCW 35A.14.220. [1986 c 234 § 29; 1979 ex.s. c 124 § 1;
1975 1st ex.s. c 220 § 14; 1971 ex.s. c 251 § 10; 1967 ex.s. c
119 § 35A.14.015.]
Severability-1979 ex.s. c 124: "If any provision of this 1979 act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 124 § 11.]
Legislative finding, intent-1975 1st ex.s. c 220: See note following
RCW 3S.02.170. .
Severability-1971 ex.s. c 251: See RCW 3SA.90.0S0.
35A.14.020 Election method-Contents of petition-
Certification by auditor-Approval or rejection by legis-
lative body-Costs. When a petition is sufficient under the
rules set forth in RCW 35A.01.040, calling for an election to
vote upon the annexation of unincorporated territory contigu-
ous to a code city, describing the boundaries of the area pro-
posed to be annexed, stating the number of voters therein as
nearly as may be, and signed by qualified electors resident in
such territory equal in number to ten percent of the votes cast
at the last state general election therein, it shall be flied with
the auditor of the county in which all, or the greatest portion,
of the territory is located, and a copy of the petition shall be
fIled with the legislative body of the code city. If the territory
is located in more than a single county, the auditor of the
county with whom the petition is fIled shall act as the lead
auditor and transmit a copy of the petition to the auditor of
each other county within which a portion of the territory is
located. The auditor or auditors shall examine the petition,
and the auditor or lead auditor shall certify the sufficiency of
the petition to the legislative authority of the code city.
If the signatures on the petition are certified as cont~n
ing sufficient valid signatures, the city legislative authOrIty
shall, by resolution entered within sixty days thereafter,
notify the petitioners, either by mail or by publication in the
same manner notice of hearing is required by RCW
35A.14.040 to be published, of its approval or rejection of~e
proposed action. In approving the proposed action, the legIS-
lative body may require that there also be subInitted to the
electorate of the territory to be annexed, a proposition that all
property within the area to be annexed shall, upon annex-
(2006 Ed.)
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)06 Ed,)
3SA.14.0S0
Annexation by Code Cities
be assessed and taxed at the same rate and on the same
as the property of such annexing city is assessed and
taxed to pay for all or any portion of the then-outstanding
indebtednessqf the city to which said area is annexed, which
indebtedness has been approved by the voters, contracted for,
or incurred prior to, or existing at, the date of annexation.
'Only after the legislative body has completed preparation and
filing of a proposed zoning regulation for the area to be
annexed as provided for in RCW 35A.14.330 and
35A.14.340, the legislative body in approving the proposed
action, may require that the proposed zoning regulation be
simultaneously adopted upon the approval of annexation by
the electorate of the area to be annexed. The approval of the
legislative body shall be a condition precedent to further pro-
ceedings upon the petition. The costs of conducting the elec-
tion called for in the petition shall be a charge against the city
concerned. The proposition or questions provided for in this
section may be submitted to the voter either separately or as a
single proposition. [1989 c 351 § 4; 1981 c 332 § 6; 1979
ex.s. c 124 § 2; 1967 ex.s. c 119 § 35A.14.020.]
Severability-1981 c 332: See note following RCW 35.13.165.
Severability-1979 ex.s. c 124: See note following RCW 35A.14.015.
3SA.14.02S Election method-Creation of commu-
nity municipal corporation. The resolution initiating the
annexation of territory under RCW 35A.14.015, and the peti-
tion initiating the annexation of territory under RCW
35A.14.020, may provide for the simultaneous creation of a
community municipal corporation and election of commu-
nity council members as provided for in chapter 35.14 RCW,
as separate ballot measures or as part of the same ballot mea-
sure authorizing the annexation, or for the simultaneous
inclusion of the annexed area into a named existing commu-
nity municipal corporation operating under chapter 35.14
RCW, as separate ballot measures or as part of the same bal-
lot measure authorizing the annexation. If the petition so pro-
vides for the creation of a community municipal corporation
imd election of community council members, the petition
shall describe the boundaries of the proposed service area,
state the number of voters residing therein as nearly as may
be, and pray for the election of community council members
by the voters residing in the service area.
The ballots shall contain the words "For annexation and
creation of community municipal corporation" and "Against
annexation and creation of community municipal corpora-
tion," or "For creation of community municipal corporation"
and "Against creation of community municipal corporation,"
as the case may be. Approval of either optional ballot propo-
siti<?n shall be by simple majority vote of the voters voting on
the Proposition, but the annexation must be authorized before
a community municipal corporation is created. [1993 c 75 §
3.]
35A.14.030 Filing of petition as approved by city.
Upon approval of the petition for election by the legislative
body of the code city to which such territory is proposed to be
~nnexed, the petition shall be filed with the legislative author-
Ity of the county in which such territory is located, along with
a. statement, in the form required by the city, of the provi-
SIOns, if any there be, relating to assumption of the portion of
(2006 Ed.)
. b assumed by the owners of
the debt that the city reqUIreS to e b nnexed andlor the
f h posed to e a , property 0 t e area pro d oning regulation for
simultaneous adoption o~ ~ proPdoshe Ztatement if any shall
th A fth petItlOn an t e s , , e area. copy 0 e . board as provided for
also be filed with the boundary reVIew xation review board
. h t 36 93 RCW or the county anne m c ap er . 60 less such proposed
established by RCW 35A.14:1. ,unf RCW 35A.14.220.
. . 'th' th provlslOns 0 annexatlOn IS WI m e 251 § 6; 1967 ex.s. c 119 §
[1979 ex.s. c 124 § 3; 1971 ex.s. c
35A.14.030.] 5
4 S e note following RCW 3SA.14.01 .
Severability-1979 ex.s. c 12: e
Severability-1971 ex.s. c 251: See RCW 3SA,90.0S0.
. method-Hearing by review 35A.14.~40 ~le~bon da s after receipt of a petition or
board-NotIce. Wlthm ten.Y the question of annex-
resolution calling for an ~lectlO~ O\oard shall meet and if
t · th t exatlOn reVIew ' a lOn, e coun y ann . lies with the requirements of
the proposed annexatlOn comp th n to be held not less
I h 11 fi d t £ a heanng ereo,
aw, s . a IX a a e or than thirty days thereafter, of
than fIfteen days nor more. t' by publication at least
h · h h . h 'ty ust gIve no Ice w IC earmg t e CI ill . th to in one or more news-k £ t eks pnor ere once a wee or wo .we . ithin the city and in one or
papers of general clrculatlO~:culation within the area pro-
more newspapers of general. h 11 be held within the city
posed to be annexed. The hearmdg s ba annexed at a time and .. ' pose toe , to which the temtory IS pro d Upon the day fixed the
1 b d' ted b the boar . '. p ace to e eSlgna Y . on the petition or resolutIOn,
board shall conduct a hearmg u~ f the city shall make a
h · h h' presentative 0 at w IC eanng a re d . planation of the annex-
brief presentation to the boar ~n ed\herefrom and the peti-
. d th b fits to be denve , atIOn an e ene 1 . the area proposed to be
tioners and any resident of the c:7s~~able opportunity to be
annexed shall be afforded a. r d from time to time in the
h d Th h' ay be adJoum e ear. e earmg m d thirty days in all from the
board's discretion, not to exce~n [1967 ex.s. c 119 §
commencement of the hear g.
35A.14.040.]
., of the county annexation review
3SA.14.0S0 DeCISIon ti After consideration of
board-Filing-Date for elee ~dn'd' RCW 35A 14200 . pro vl em· . ,
the proposed anne~atIOn ~s board, within thirty days after
the county annexatIOn. revIew 11 take one of the following
the final day of heanng, sha
actions: . d
al f th proposal as subrmtte .
(1) App:ov 0 C~ 35 02.170, modification of the pro-
(2) Subject to R . . . clude or exclude territory'
d · . b danes to In ' posal by a Justmg o~n . of territory shall not increase
except that any such I,ncluslono osed for annexation by an
the total area of temtor~ ~r lP posal by more than five
d · th onglna pro amount. excee mg e That the county annexatio~ review
percent. PROVIDED, d' to include tern tory not 11 d · t boun anes board sha not a JUs 1 wI'thout first affording to . d d' h ., 1 proposa mclu e m t e ongma f the area affected by such 'd d rty owners 0 reSI ents an prope . ortunity to be heard as to the
adjustment of boundanes an opp
proposal. 1
(3) Disapproval of the proposa . .'
. d" of the county annexatlOn reVIew The wntten eCISlOn . . . . th the board of county comrmSSlOners
board shall be fIled W,I d of the city concerned. If the
and with the legislatIve bo y
[Title 35A RCW-page 25]
--------
35A.14.070 Title 35A RCW: Optional Municipal Code
annexation proposal is modified by the county annexation
review board, such modification shall be fully set forth in the
written decision. If the decision of the boundary review board
or the county annexation review board is favorable to the
annexation proposal, or the proposal as modified by the
review board; the legislative body of the city at its next regu-
lar meeting if to be held within thirty days after receipt of the
decision of the boundary review board or the county annex-
ation review board, or at a special meeting to be held within
that period, shall indicate to the county auditor its preference
for a special election date for submission of such annexation
proposal, with any modifications made by the review board,
to the voters of the territory proposed to be annexed. The spe-
cial election date that is so indicated shall be one of the dates
for special elections provided under *RCW 29.13.020 that is
sixty or more days after the date the preference is indicated.
The county legislative authority shall call the special election
at the special election date so indicated by the city. If the
boundary review board or the county annexation review
board disapproves the annexation proposal, no further action
shall be taken thereon, and no proposal for annexation of the
same territory, or substantially the same as determined by the
board, shall be initiated or considered for twelve months
thereafter. [1989 c 351 § 5; 1986 c 234 § 30; 1975 1st ex.s. c
220 § 15; 1971 ex.s. c 251 § 7; 1967 ex.s. c 119 §
35A.14.050.]
*Reviser's note: RCW 29.13.020 was recodified as RCW 29A.04.330
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Legislative finding, intent-1975 1st ex.s. c 220: See note following
RCW 35.02.170.
Severability-1971 ex.s. c 251: See RCW 35A.90.050.
35A.14.070 Election method-Notice of election.
Notice of an annexation election shall particularly describe
the boundaries of the area proposed to be annexed, as the
same may have been modified by the boundary review board
or the county annexation review board, state the objects of
the election as prayed in the petition or as stated in the reso-
lution, and require the voters to cast ballots which shall con-
tain the words "For Annexation" or "Against Annexation" or
words equivalent thereto, or contain the words "For Annex-
ation and Adoption of Proposed Zoning Regulation", and
"Against Annexation and Adoption of Proposed Zoning Reg-
u1ation", or words equivalent thereto in case the simultaneous
adoption of a proposed zoning regulation is proposed, and in
case the assumption of all or a portion of indebtedness is pro-
posed, shall contain an appropriate, separate proposition for
or against the portion of indebtedness that the city requires to
be assumed. The notice shall be posted for at least two weeks
prior to the date of election in four public places within the
area proposed to be annexed and published at least once a
week for two weeks prior to the date of election in a newspa-
per of general circulation within the limits of the territory
proposed to be annexed. Such notice shall be in addition to
the notice required by general election law. [1994 c 223 § 38;
1979 ex.s. c 124 § 4; 1967 ex.s. c 119 § 35A.14.070.]
Severability-1979 ex.s. c 124: See note following RCW 35A.14.015.
35A.14.080 Election method-Vote required for
annexation-Proposition for assumption of indebted-
ness-Certification. On the Monday next succeeding the
[Title 35A RCW-page 26]
annexation election, the county canvassing board shall
ceed to canvass the returns thereo~ an~ shall submit the sia~~
ment of canvass to the county legIslative authority.
. The propo~ition dford or . agaifnstht annexation or for Or
agaInst annexatIOn an a option 0 e proposed zoning r
ulation, as the case may be, shall be deemed apprOved i~g
majority of the votes cast on that proposition are cast in fav a
f . 'f f . d Or o annexation or m avor 0 annexatIOn an adoption of th
proposed zoning regulation, as the case may be. If a propos'~
tion for or against assumption of all or any portion of indeb~_
edness was submitted to the electorate, it shall be deemed
approved if a majority of at least three-fifths of the electors of
the territory proposed to be annexed voting on such proposi-
tion vote in favor thereof, and the number of persons voting
on such proposition constitutes not less than forty percent of
the total number of votes cast in such territory at the last pre-
ceding general election. If either or both propositions were
approved by the electors, the county legislative authority
shall enter a finding to that effect on its minutes, a certified
copy of which shall be forthwith transmitted to and filed with
the clerk of the city to which annexation is proposed, together
with a certified abstract of the vote showing the whole num-
ber who voted at the election, the number of votes cast for
annexation and the number cast against annexation or for
annexation and adoption of the proposed zoning regulation
and the number cast against annexation and adoption of the
proposed zoning regu1ation, as the case may be, and if a prop-
osition for assumption of all or any portion of indebtedness
was submitted to the electorate, the abstract shall include the
number of votes cast for assumption of indebtedness and the
number of votes cast against assumption of indebtedness,
together with a statement of the total number of votes cast in
such territory at the last preceding general election. [1979
ex.s. c 124 § 5; 1967 ex.s. c 119 § 35A.14.080.]
Severability-1979 ex.s. c 124: See note following RCW 35A.14.0 15.
35A.14.085 Election method-Vote required for
annexation with assumption of indebtedness-Without
assumption ofindebtedness. A code city may cause a prop-
osition authorizing an area to be annexed to the city to be sub-
mitted to the qualified voters of the area proposed to be
annexed in the same ballot proposition as the question to
authorize an assumption of indebtedness. If the measures are
combined, the annexation and the assumption of indebted-
ness shall be authorized only if the proposition is approved by
at least three-fifths of the voters of the area proposed to be
annexed voting on the proposition, and the number of persons
voting on the proposition constitutes not less than forty per-
cent of the total number of votes cast in the area at the last
preceding general election.
However, the code city council may adopt a resolution
accepting the annexation, without the assumption of indebt-
edness, where the combined ballot proposition is approved by
a simple majority vote of the voters voting on the proposition.
[1989 c 84 § 23.]
3SA.14.090 Election method-Ordinance providing
for annexation, assumption of indebtedness. Upon fi~ng
of the certified copy of the finding of the county legislatIve
authority, the clerk shall transmit it to the legislative body of
(2006 Ed.)
i
of
.-
g
)f
:e
[y
~
th
.er
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on
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~dby
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, per-
Annexation by Code Cities 3SA.14.130
the city at the next regular meeting or as soon thereafter as
practicable. If only a proposition relating to annexation or to
annexation and adoption of a proposed zoning regulation was
submitted to th~voters and such proposition was approved,
the legislative bMy shall adopt an ordinance providing for
the annexation or adopt ordinances providing for the annex-
ation and adoption of a proposed zoning regulation, as the
case may be. If a proposition for annexation or for annexation
and adoption of a proposed zoning regulation, and a proposi-
tion for assumption of all or any portion of indebtedness were
both submitted, and both were approved, the legislative body
shall adopt an 'ordinance providing for the annexation or for
annexation and adoption of the proposed zoning regulation,
including the assumption of the portion of indebtedness that
was approved by the voters. If both propositions were sub-
mitted and only the annexation or the annexation and adop-
tion of the proposed zoning regulation was approved, the leg-
islative body may adopt an ordinance providing for the
annexation or adopt ordinances providing for the annexation
and adoption of the proposed zoning regulation, as the case
may be, or the legislative body may refuse to annex when a
proposal for assumption of the portion of indebtedness has
been disapproved by the voters. [1979 ex.s. c 124 § 6; 1967
ex.s. c 119 § 35A.14.090.]
Severability-1979 ex.s. c 124: See note following RCW 35A.14.015.
3SA.14.100 Election method-Effective date of
annexation. Upon the date fixed in the ordinance of annex-
ation, the area annexed shall become a part of the city. Upon
the date fixed in the ordinances of annexation and adoption of
the proposed zoning regulation, the area annexed shall
become a part of the city, and property in the annexed area
shall be subject to the proposed zoning regulation, as pre-
pared and filed as provided for in RCW 35A.14.330 and
35A.14.340. All property within the territory hereafter
annexed shall, if the proposition approved by the people so
provides, be assessed and taxed at the same rate and on the
same basis as the property of such annexing city is assessed
and taxed to pay for the portion of indebtedness of the city
that was approved by the voters. [1979 ex.s. c 124 § 7; 1967
ex.S. c 119 § 35A.14.100.]
Severability-1979 ex.s. c 124: See note following RCW 35A.14.015.
3SA.14.110 Election method is alternative. The
method of annexation provided for in RCW 35A.14.015
through 35A.14.100 is an alternative method and is addi-
tional to the other methods provided for in this chapter.
[1967 ex.s. c 119 § 35A.14.110.]
3SA.14.120 Direct petition method-Notice to legis-
lative body-Meeting-Assumption of indebtedness-
Proposed zoning regulation-Contents of petition. Pro-
ceedings for initiating annexation of unincorporated territory
to a charter code city or noncharter code city may be com-
menced by the filing of a petition of property owners of the
territory proposed to be annexed, in the following manner.
This method of annexation shall be alternative to other meth-
ods provided in this chapter; Prior to the circulation of a peti-
tion for annexation, the initiating party or parties, who shall
be the owners of not less than ten percent in value, according
(2006 Ed.)
to the assessed valuation for general taxation of the property
for which annexation is sought, shall notify the legislative
body of the code city in writing of their intention to com-
mence annexation proceedings. The legislative body shall set
a date, not later than sixty days after the filing of the request,
for a meeting with the initiating parties to determine whether
the code city will accept, reject, or geographically modify the
proposed annexation, whether it shall require the simulta-
neous adoption of a proposed zoning regulation, if such a
proposal has been prepared and filed for the area to be
annexed as provided for in RCW 35A.14.330 and
35A.14.340, and whether it shall require the assumption of all
or of any portion of existing city indebtedness by the area to
be annexed. If the legislative body requires the assumption of
all or of any portion of indebtedness and/or the adoption of a
proposed zoning regulation, it shall record this action in its
minutes and the petition for annexation shall be so drawn as
to clearly indicate these facts. Approval by the legislative
body shaltbe a condition precedent to circulation of the peti-
tion. There shall be no appeal· from the decision of the legis-
lative body. A petition for annexation of an area contiguous
to a code city may be filed with the legislative body of the
municipality to which annexation is desired. It must be
signed by the owners, as defined by RCW 35A.Ol.040(9) (a)
through (d), of not less than sixty percent in value, according
to the assessed valuation for general taxation of the property
for which annexation is petitioned: PROVIDED, That a peti-
tion for annexation of an area having at least eighty percent of
the boundaries of such area contiguous with a portion of the
boundaries of the code city, not including that portion of the
boundary of the area proposed to be annexed that is cotermi-
nous with a portion of the boundary between two counties in
this state, need be signed by only the owners of not less than
fifty percent in value according to the assessed valuation for
general taxation of the property for which the annexation is
petitioned~ Such petition shall set forth a description of the
property according to government legal subdivisions or legal
plats and shall be accompanied by a map which outlines the
boundaries of the property sought to be annexed. If the legis-
lative body has required the assumption of all or any portion
of city indebtedness by the area annexed or the adoption of a
proposed zoning regulation, these facts, together with a quo-
tation of the minute entry of such requirement, or require-
ments, shall also be set forth in the petition. [1989 c 351 § 6;
1979 ex.s. c 124 § 8; 1967 ex.s. c 119 § 35A.14.120.]
Severability-1979 ex.s. c 124: See note following RCW 35A.14.015.
Sufficiency of petition in code city: RCW 35A. 01. 040.
3SA.14.130 Direct petition method-Notice of hear-
ing. Whenever such a petition for annexation is filed with the
legislative body of a code city, which petition meets the
requirements herein specified and is sufficient according to
the rules set forth in RCW 35A.Ol.040, the legislative body
may entertain the same, fix a date for a public hearing thereon
and cause notice of the hearing to be published in one or more
issues of a newspaper of general circulation in the city. The
notice shall also be posted in three public places within the
territory proposed for annexation, and shall specify the time
and place of hearing and invite interested persons to appear
[Title 35A RCW-page 27]
35A.14.140 Title 35A RCW: Optional Municipal Code
and voice approval or disapproval of the annexation. [1967
ex.s. c 119 § 35A.14.130.]
35A.14.140 Direct petition method-Ordinance pro-
viding for annexation. Following the hearing, if the legisla-
tive body determines to effect the annexation, they shall do so
by ordinance. Subject to RCW 35.02.170, the ordinance may
annex all or any portion of the proposed area but may not
include in the annexation any property not described in the
petition. Upon passage of the annexation ordinance a certi-
fied copy shall be filed with the board of county commission-
ers of the county in which the annexed property is located.
[1986 c 234 § 31; 1975 1st ex.s. c 220 § 16; 1967 ex.s. c 119
§ 35A.l4.140.]
Legislative finding, intent-1975 1st ex.S. c 220: See note following
RCW 35.02.170.
35A.14.150 Direct petition method-Effective date of
annexation. Upon the date fixed in the ordinance of annex-
ation the area annexed shall become part of the city. All prop-
erty within the territory hereafter annexed shall, if the annex-
ation petition so provided, be assessed and taxed at the same
rate and on the same basis as the property of such annexing
code city is assessed and taxed to pay for the portion of any
then-outstanding indebtedness of the city to which said area
is annexed, which indebtedness has been approved by the
voters, contracted for, or incurred prior to, or existing at, the
date of annexation and that the city has required to be
assumed. If the annexation petition so provided, all property
in the annexed area shall be subject to and a part of the pro-
posed zoning regulation as prepared and filed as provided for
in RCW 35A.14.330 and 35A.14.340. [1979 ex.s. c 124 § 9;
1967 ex.s. c 119 § 35A.14.150.]
Severability-1979 ex.s. c 124: See note following RCW 35A.14.015.
35A.14.160 Annexation review board-Composi-
tion. There is hereby established in each county of the state,
other than counties having a boundary review board as pro-
vided for in chapter 189, Laws of 1967 [chapter 36.93 RCW],
a board to be known as the "annexation review board for the
county of ...... (naming the county)", which shall be
charged with the duty of reviewing proposals for annexation
of unincorporated territory to charter code cities and nonchar-
ter code cities within its respective county; except that pro-
posals within the provisions ofRCW 35A.14.220 shall not be
subject to the jurisdiction of such board.
In all counties in which a boundary review board is
established pursuant to chapter 189, Laws of 1967 [chapter
36.93 RCW] review of proposals for annexation of unincor-
porated territory to charter code cities and noncharter code
cities within such counties shall be subject to chapter 189,
Laws of 1967 [chapter 36.93 RCW]. Whenever any county
establishes a boundary review board pursuant to chapter 189,
Laws of 1967 [chapter 36.93 RCW] the provisions of this act
relating to annexation review boards shall not be applicable.
Except as provided above in this section, whenever one
or more cities of a county shall have elected to be governed
by this title by becoming a charter code city or noncharter
code city, the governor shall, within forty-five days thereaf-
[Title 35A RCW-page 28]
t~r, .appoin~ an annexation re~iew ~oard for such county Con_
SlStlllg of flYe members appolllted III the following manner
Two members shall be selected independently by the
governor. Three members shall be selected by the govern
from the following sources: (1) One member shall ~r
appointed from nominees of the individual members of the
board of county commissioners; (2) one member shall be
appointed from nominees of the individual mayors of chartee
code cities within such county; (3) one member shall b r
appointed from nominees of the individual mayors of non~
charter code cities within such county.
Each source shall nominate at least two persons for an
available position. In the event there are less than two nomi-
nees for any position, the governor may appoint the member
for that position independently. If, at the time of appointment
there are within the county no cities of one of the classe~
named above as a nominating source, a position which would
otherwise have been filled by nomination from such Source
shall be filled by independent appointment of the governor.
In making appointments independently and in making
appointments from among nominees, the governor shall
strive to appoint persons familiar with municipal government
and administration by experience and/or training. [1971 ex.s.
c 251 § 8; 1967 ex.s. c 119 § 35A.14.160.]
Severability-1971 ex.s. c 251: See RCW 35A.90.050.
35A.14.170 Time for filing nominations-Vacancies.
Upon the initial formation of a county annexation review
board the governor shall give written notice of such forma-
tion to all the nominating sources designated therein and
nominations must be filed with the office of the governor
within fifteen days after receipt of such notice. Nominations
to fill vacancies caused by expiration of terms must be filed
at least thirty days preceding the expiration of the terms.
When vacancies occur in the membership of the board, the
governor shall solicit nominations from the appropriate
source and if none are filed within fifteen days thereafter, the
governor shall fill the vacancy by an independent appoint-
ment. [1967 ex.s. c 119 § 35A.14.170.]
35A.14.180 Terms of members. The members of the
annexation review board shall be appointed for five year
terms. Upon the initial formation of a board, one member
appointed by the governor independently shall be appointed
for a four year term, the member appointed from among nom-
inees of the board of county commissioners shall be
appointed for a three year term, the member appointed from
among nominees of the mayors of noncharter code cities
shall be appointed for a three year term, and the remaining
members shall be appointed for five year terms. Thereafter
board members shall be appointed for five year terms as the
terms of their predecessors expire. Members shall be eligible
for reappointment to the board for successive terms. [1967
ex.s. c 119 § 35A.14.180.]
35A.14.190 Organization of annexation review
board-Rules-Journal-Authority. The members of
each annexation review board shall elect from among the
members a chairman and a vice chairman, and may employ a
nonmember as chief clerk, who shall be the secretary of the
(2006 Ed.)
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(2006
Annexation by Code Cities 3SA.14.220
board. The board shall determine its own rules and order of
business, shall provide by resolution for the time and manner
of holding regular or special meetings, and shall keep a jour-
nal of its proceedings which shall be a public record. A
majority of all the members shall constitute a quorum for the
transaction of business.
The chief clerk of the board, the chairman, or the vice
chairman shall have the power to administer oaths and affir-
mations, certify to all official acts, issue subpoenas to any
public officer or employee ordering him to testify before the
board and produce public records, papers, books or docu-
ments. The chief clerk, the chairman or the vice chairman
may invoke the aid of any court of competent jurisdiction to
carry out such powers.
The planning departments of the county, other counties,
and any city, and any state or regional planning agency shall
furnish such information to the board at its request as may be
reasonably necessary for the performance of its duties.
At the request of the board, the state attorney general
shall provide counsel for the board. [1967 ex.s. c 119 §
35A.14.190.]
3SA.14.200 Determination by county annexation
review board-Factors considered-Filing of findings
and decision. The jurisdiction of the county annexation
review board shall be invoked upon the filing with the board
of a resolution for an annexation election as provided in
RCW 35A.14.015, or of a petition for an annexation election
as provided in RCW 35A.14.030, and the board shall proceed
to hold a hearing, upon notice, all as provided in RCW
35A.14.040. A verbatim record shall be made of all testi-
mony presented at the hearing and upon request and payment
of the reasonable costs thereof, a copy of the transcript of
such testimony shall be provided to any person or govern-
mental unit. The board shall make and file its decision, all as
provided in RCW 35A.14.050, insofar as said section is
applicable to the matter before the board. Dissenting mem-
bers of the board shall have the right to have their written dis-
sents included as part of the decision. In reaching a decision
on an annexation proposal, the county annexation review
board shall consider the factors affecting such proposal,
which shall include but not be limited to the following:
(1) The immediate and prospective population of the
area proposed to be annexed, the configuration of the area,
land Use and land uses, comprehensive use plans and zoning,
per capita assessed valuation, topography, natural boundaries
and drainage basins, the likelihood of significant growth in
the area and in adjacent incorporated and unincorporated
'arei:!s during the next ten years, location and coordination of
community facilities and services; and
(2) The need for municipal services and the available
1ll~nicipal services, effect of ordinances and governmental
c~des, regulations and resolutions on existing uses, present
C~st and adequacy of governmental services and controls, the
probable future needs for such services and controls, the
probable effect of the annexation proposal or alternatives on
~ost and adequacy of services and controls in area and adja-
. ·.~nt area, the effect on the finances, debt structure, and con-
obligations and rights of all affected governmental
and
(3) The effect of the annexation proposal or alternatives
on adjacent areas, on mutual economic and social interests,
and on the local governmental structure of the county.
The county annexation review board shall deternline
whether the proposed annexation would be in the public
interest and for the public welfare. The decision of the board
shall be accompanied by the findings of the board. Such find-
ings need not include specific data on all the factors listed in
this section, but shall indicate that all such factors were con-
sidered. [1971 ex.s. c 251 § 11; 1967 ex.s. c 119 §
35A.14.200.]
Severability-1971 ex.s. c 251: See RCW 35A.90.050.
3SA.14.210 Court review of decisions of the county
annexation review board. Decisions of the county annex-
ation review board shall be final unless within ten days from
the date of said action a governmental unit affected by the
decision or any person owning real property in or residing in
the area proposed to be annexed files in the superior court a
notice of appeal. The filing of such notice of appeal within
such time limit shall stay the effective date of the decision of
the board until such time as the appeal shall have been adju-
dicated or withdrawn. On appeal the superior court shall not
take any evidence other than that contained in the record of
the hearing before the board. The superior court may affirm
the decision of the county annexation review board or
remand the case for further proceedings; or the court may
reverse the decision and remand if it finds that substantial
rights have been prejudiced because the findings, conclu-
sions, or decision of the board are:
(1) In violation of constitutional provisions; or
(2) In excess of the statutory authority or jurisdiction of
the board; or
(3) Made upon unlawful procedure; or
(4) Affected by other error oflaw; or
(5) Unsupported by material and substantial evidence in
view of the entire record as submitted; or
(6) Arbitrary or capricious. [1971 ex.s. c 251 § 12; 1967
ex.s. c 119 § 35A.14.21O.]
Severability-1971 ex.s. c 251: See RCW 35A.90.050.
3SA.14.220 When review procedure may be dis-
pensed with. Annexations under the provisions of RCW
35A.14.295, 35A.14.297, 35A.14.300, and 35A.14.31O shall
not be subject to review by the annexation review board:
PROVIDED, That in any county in which a boundary review
board is established under chapter 36.93 RCW all annex-
ations shall be subject to review except as provided for in
RCW 36.93.110. When the area proposed for annexation in a
petition or resolution, initiated and filed under any of the
methods ofjnitiating annexation authorized by this chapter, is
less than fifty acres or less than two million dollars in
assessed valuation, review procedures shall not be required as
to such annexation proposal, except as provided in chapter
36.93 RCW in those counties with a review board established
pursuant to chapter 36.93 RCW: PROVIDED, That when an
annexation proposal is initiated by the direct petition method
authorized by RCW 35A.14.120, review procedures shall not
be required without regard to acreage or assessed valuation,
except as provided in chapter 36.93 RCW in those counties
[Title 35A RCW-page 29]
35A.14.231 Title 35A RCW: Optional Municipal Code
with a boundary review board established pursuant to chapter
36.93 RCW. [1979 ex.s. c 18 § 27; 1973 1st ex.s. c 195 § 26;
1967 ex.s. c 119 § 35A.14.220.]
Severability-1979 ex.s. c 18: See note following RCW 35A.01.070.
Severability-Effective dates and termination dates-Construc-
tion-19731st ex.s. c 195: See notes following RCW 84.52.043.
35A.14.231 Territory subject to annexation pro-
posal-When annexation by another city or incorpora-
tion allowed. After a petition proposing an annexation by a
code city has been filed with the city or the city legislative
authority, or after a resolution proposing the annexation by a
code city has been adopted by the city legislative authority,
no territory included in the proposed annexation may be
annexed by another city or town or incorporated into a city or
town unless: (1) The boundary review board or county
annexation review board created under RCW 35A.14.160
modifies the boundaries of the proposed annexation and
removes the territory; (2) the boundary review board or
county annexation review board created under RCW
35A.14.160 rejects the proposed annexation; or (3) the city
legislative authority rejects the proposed annexation or voters
defeat the ballot proposition authorizing the annexation.
[1994 c 216 § 8.]
Effective date-1994 c 216: See note following RCW 35.02.015.
35A.14.295 Annexation of unincorporated island of
territory within code city-Resolution-Notice of hear-
ing. (1) The legislative body of a code city may resolve to
annex territory containing residential property owners to the
city if there is within the city, unincorporated territory:
(a) Containing less than one hundred acres and having at
least eighty percent of the boundaries of such area contiguous
to the code city; or
(b) Of any size and having at least eighty percent of the
boundaries of such area contiguous to the city if such area
existed before June ~O, 1994, and is within the same county
and within the same urban growth area designated under
RCW 36.70A.110, and the city was planning under chapter
36.70A RCW as of June 30, 1994.
(2) The resolution shall describe the boundaries of the
area to be annexed, s.tate the number of voters residing
therein as nearly as may be, and set a date for a public hearing
on such resolution for annexation. Notice of the hearing shall
be given by publication of the resolution at least once a week
for two weeks prior to the date of the hearing, in one or more
newspapers of general circulation within the code city and
one or more newspapers of general circulation within the area
to be annexed.
(3) For purposes of subsection (l)(b) of this section, ter-
ritory bounded by a river, lake, or other body of water is con-
sidered contiguous to a city that is also bounded by the same
river, lake, or other body of water. [1997 c 429 § 36; 1967
ex.s. c 119 § 35A.14.295.]
Severability-1997 c 429: See note following RCW 36.70A.3201.
35A.14.297 Ordinance providing for annexation of
unincorporated island of territory-Referendum. On the
date set for hearing as provided in RCW 35A.14.295, resi-
dents or property owners of the area included in the resolu-
[Title 35A RCW-page 30]
tion for annexation shall be afford d
heard. The legislative body may p; ~dn . fth. OVI e annexatlOn 0 e temtory described i th
effective date of the ordinance shall benno~
days after the passage thereof. The
cause notice of the proposed effective dat f togethe~ with a description of the propert~ ~o
be pubhshed at least once each week for t .
quent to passage of the ordinance, in one 0 wo
of general circulation within the city a~d .
f I · In newspapers 0 genera CIrculation within
annexed. If the annexation ordinance provid
tion of indebtedness or adoption of a proposed es
tion, the notice shall include a statement of
ments. Such annexation ordinance shall be
dum for forty-five days after the passage
filing of a timely and sufficient referendum
vided in RCW 35A.14.299 below, a
shall be held as provided in RCW 35A.14.
annexation shall be deemed approved by the
majority of the votes cast on the proposition are in
thereto: After the expiration of the forty-fifth day
excluding the date of passage of the annexation
no timely and sufficient referendum petition has
as provided by RCW 35A.14.299 below, the area
shall become a part of the code city upon the date
ordinance of annexation. [1967 ex.s. c 119 § 35A.1
35A.14.299 Annexation of unincorporated
territory within code city-Referendum-Effective .
if no referendum. (Effective until January 1, 2007.) .
annexation ordinance as provided for in RCW 35A.
shall be subject to referendum for forty-five days
passage thereof. Upon the filing of a timely and sufficient
erendum petition with the legislative body, signed by
fied electors in number equal to not less than ten
the votes cast in the last general state election in the area
annexed, the question of annexation shall be submitted to
voters of such area in a general election if one is to be he1g
within ninety days or at a special election called for that pur;
pose not less than forty-five days nor more than ninety dl\Y$
after the filing of the referendum petition. Notice of such
election shall be given as provided in RCW 35A.14.070 and
the election shall be conducted as provided in *RC),(
35A.14.060. The annexation shall be deemed approved by
the voters unless a majority of the votes cast on the proposi:
tion are in opposition thereto.
After the expiration of the forty-fifth day from but
excluding the date of passage of the annexation ordinance, if
no timely and sufficient referendum petition has been filed,
the area annexed shall become a part of the code city upon the
date fixed in the ordinance of annexation. From and after
such date, if the ordinance so provided, property in the
annexed area shall be subject to the proposed zoning regula-
tion prepared and filed for such area as provided in RCW
35A.14.330 and 35A.14.340. If the ordinance so provided, all
property within the area annexed shall be a.~essed and taxed
at the same rate and on the same basis as the property of such
annexing code city is assessed and taxed to pay for any then
outstanding indebtedness of such city contracted prior to, or
(2006 Ed.)
Annexation by Code Cities 35A.14.330
existing at, the date of annexation. [1967 ex.s. c 119 §
35A.14.299.]
*Reviser's note: RCW 35A.14.060 was repealed by 1994 c 223 § 92.
Cf. RCW 35A.29.15b,; ,.
35A.14.299 Annexation of nnincorporated island of
territory within code city-Referendum-Effective date
if no referendum. (Effective January 1, 2007.) Such
annexation ordinance as provided for in RCW 35A.14.297
shall be subject to referendum for forty-five days after the
passage thereof. Upon the filing of a timely and sufficient
referendum petition with the legislative body, signed by qual-
ified electors in number equal to not less than ten percent of
the votes cast in the last general state election in the area to be
annexed, the question of annexation shall be submitted to the
voters of such area in a general election if one is to be held
within ninety days or at a special election called for that pur-
pose according to RCW 29A.04.330. Notice of such election
shall be given as provided in RCW 35A.14.070 and the elec-
tion shall be conducted as provided in RCW 35A.29.151.
The annexation shall be deemed approved by the voters
unless a majority of the votes cast on the proposition are in
opposition thereto.
After the expiration of the forty-fifth day from but
excluding the date of passage of the annexation ordinance, if
no timely and sufficient referendum petition has been filed,
the area annexed shall become a part of the code city upon the
date fixed in the ordinance of annexation. From and after
such date, if the ordinance so provided, property in the
annexed area shall be subject to the proposed zoning regula-
tion prepared and filed for such area as provided in RCW
35A.14.330 and 35A.14.340. If the ordinance so provided,
all property within the area annexed shall be assessed and
taxed at the same rate and on the same basis as the property
of such annexing code city is assessed and taxed to pay for
any then outstanding indebtedness of such city contracted
prior to, or existing at, the date of annexation. [2006 c 344 §
25; 1967 ex.s. c 119 § 35A.14.299.]
Effective date-2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
35A.14.300 Annexation for municipal purposes.
Legislative bodies of code cities may by a majority vote
annex territory outside the limits of such city whether contig-
uous or noncontiguous for any municipal purpose when such
territory is owned by the city. [1981 c 332 § 7; 1967 ex.s. c
119§ 35A.14.300.]
Severability-1981 c 332: See note following RCW 35.13.165.
35A.14.310 Annexation of federal areas. A code city
?lay annex an unincorporated area contiguous to the city that
IS owned by the federal government by adopting an ordinance
providing for the annexation and which ordinance either
acknowledges an agreement of the annexation by the govern-
ment of the United States, or accepts a gift, grant, or lease
from the government of the United States of the right to
occupy, control, improve it or sublet it for commercial, man-
o ~facturing, or industrial purposes: PROVIDED, That this
nght of annexation shall not apply to any territory more than
four miles from the corporate limits existing before such
annexation. Whenever a code city proposes to annex territory
(2006 Ed.)
under this section, the city shall provide written notice of the
proposed annexation to the legislative authority of the county
within which such territory is located. The notice shall be
provided at least thirty days before the city proposes to adopt
the annexation ordinance. The city shall not adopt the annex-
ation ordinance, and the annexation shall not occur under this
section, if within twenty-fiv~ days of receipt of the notice, the
county legislative authority adopts a resolution opposing the 0
annexation, which resolution makes a finding that the pro-
posed annexation will have an adverse fiscal impact on the
county or road district. [1985 c 105 § 1; 1967 ex.s. c 119 §
35A.14.31O.]
35A.14.320 Annexation of federal areas-Provisions
of ordinance-Authority over annexed territory. In the
ordinance annexing territory pursuant to a gift, grant, or lease
from the government of the United States, a code city may
include such tide and shorelands as may be necessary or con-
venient for the use thereof, and may include in the ordinance
an acceptance of the terms and conditions attached to the gift,
grant, or lease. A code city may cause territory annexed pur-
suant to a gift, grant, or lease of the government of the United
States to be surveyed, subdivided and platted into lots,
blocks, or tracts and layout, reserve for public use, and
improve streets, roads, alleys, slips, and other public places.
It may grant or sublet any lot, block, or tract therein for com-
mercial, manufacturing, or industrial purposes and reserve,
receive and collect rents therefrom. It may expend the rents
received therefrom in making and maintaining public
improvements therein, and if any surplus remains at the end
of any fiscal year, may transfer it to the city's current expense
fund. [1967 ex.s. c 119 § 35A.14.320.]
35A.14.330 Proposed zoning regulation-Purposes
of regulations and restrictions. The legislative body of any
code city acting through a planning agency created pursuant
to chapter 35A.63 RCW, or pursuant to its granted powers,
may prepare a proposed zoning regulation to become effec-
tive upon the annexation of any area which might reasonably
be expected to be annexed by the code city at any future time.
Such proposed zoning regulation, to the extent deemed rea-
sonably necessary by the legislative body to be in the interest
of health, safety, morals and the general welfare may provide,
among other things, for:
(1) The regulation and restriction within the area to be
annexed of the location and the use of buildings, structures
and land for residence, trade, industrial and other purposes;
the height, number of stories, size, construction and design of
buildings and other structures; the size of yards, courts and
other open spaces on the lot or tract; the density of popula-
tion; the set-back of buildings and structures along highways,
parks or public water frontages; and the subdivision and
development of land;
(2) The division of the area to be annexed into districts or
zones of any size or shape, and within such districts or zones
regulate and restrict the erection, construction, reconstruc-
tion, alteration, repair or use of buildings, structures or land;
(3) The appointment of a board of adjustment, to make,
in appropriate cases and subject to appropriate conditions and
safeguards established by ordinance, special exceptions in
[Title 35A RCW-page 31]
I
I'
I ,
3SA.14.340 Title 3SA RCW: Optional Municipal Code
harmony with the general purposes and intent of the proposed
zoning regulation; and
(4) The time interval following an annexation during
which the ordinance or resolution adopting any such pro-
posed regulation, or any part thereof, must remain in effect
before it may be amended, supplemented or modified by sub-
sequent ordinance or resolution adopted by the annexing city
or town.
All such regulations and restrictions shall be designed,
among other things, to encourage the most appropriate use of
land throughout the area to be annexed; to lessen traffic con-
gestion and accidents; to secure safety from fire; to provide
adequate light and air; to prevent overcrowding of land; to
avoid undue concentration of population; to promote a coor-
dinated development of the unbuilt areas; to encourage the
formation of neighborhood or community units; to secure an
appropriate allotment of land area in new developments for
all the requirements of community life; to conserve and
restore natural beauty and other natural resources; to facili-
tate the adequate provision of transportation, water, sewerage
and other public uses and requirements. [1967 ex.s. c 119 §
3SA.14.330.]
3SA.14.340 Notice and hearing-Filings and record-
ings. The legislative body of the code city shall hold two or
more public hearings, to be held at least thirty days apart,
upon the proposed zoning regulation, giving notice of the
time and place thereof by publication in a newspaper of gen-
eral circulation in the annexing city and the area to be
annexed. A copy of the ordinance or resolution adopting or
embodying such proposed zoning regulation or any part
thereof or any amendment thereto, duly certified as a true
copy by the clerk of the annexing city, shall be filed with the
county auditor. A like certified copy of any map or plat
referred to or adopted by the ordinance or resolution shall
likewise be filed with the county auditor. The auditor shall
record the ordinance or resolution and keep on file the map or
plat. [1967 ex.s. c 119 § 3SA.14.340.]
Annexation of water, sewer, and fire districts: Chapter 35.13A RCW.
3SA.14.380 Ownership of assets of fire protection
district-Assumption of responsibility of fire protec-
tion-When at least sixty percent of assessed valuation is
annexed or incorporated in code city. If a portion of a fire
protection district including at least sixty percent of the
assessed valuation of the real property of the district is
annexed to or incorporated into a code city, ownership of all
of the assets of the district shall be vested in the code city,
upon payment in cash, properties or contracts for fire protec-
tion services to the district within one year, of a percentage of
the value of said assets equal to the percentage of the value of
the real property in the entire district remaining outside the
incorporated or annexed area.
The fire protection district may elect, by a vote of a
majority of the persons residing outside the annexed area
who vote on the proposition, to require the annexing code
city to assume responsibility for the provision of fire protec-
tion, and for the operation and maintenance of the district's
property, facilities, and equipment throughout the district and
to pay the code city a reasonable fee for such fire protection,
[Title 35A RCW-page 32]
operation, and maintenance. [1981 c 332 § 8' 1967
119 § 3 SA. 14.380.] , ex.s, c
Severability-1981 c 332: See note following RCW 35.13.165.
3SA.14.400 Ownership of assets of fire prot .
district-When less than sixty percent of assessed eC~lon
tion is annexed or incorporated in code city. If a po;.a Ua·
a fire protection district including less than sixty perc~~~ of
the assessed value of the real property of the dist' ~f
d · d . d' nct IS annexe to or mcorporate mto a co e CIty, the ownersh'
all assets of the district shall remain in the district and th 1~,Of
trict shall pay to the code city within one year or withine ISh'
period of time as the district continues to collect taxes in SUCh· . d d . h sUc mcorporate or annexe areas, In cas ,properties or c
tracts for fire protection services, a percentage of the valu onf
said assets equal to the percentage of the value of the; 0 I
property in the entire district lying wit?in the area so inco;~_
rated or annexed: PROVIDED, That If less than five perce t
of the area of the district is affected, no payment shall ~
made to the code city except as provided in RCW 35.02.205
The fire protection district shall provide fire protection to th~
incorporated or annexed area for such period as the district
continues to collect taxes levied in such annexed or incorpo-
rated area. [1989 c 267 § 2; 1967 ex.s. c 119 § 35A.l4.400.j
3SA.14.410 When right of way may be included-
Use of right of way line as corporate boundary. The
boundaries of a code city arising from an annexation of terri-
tory shall not include a portion of the right of way of any pub-
lic street, road, or highway except where the boundary runs
from one edge of the right of way to the other edge of the
right of way. However, the right of way line of any public
street, road, or highway, or any segment thereof, may be used
to define a part of a corporate boundary in an annexation pro-
ceeding. [1989 c 84 § 9.]
3SA.14.420 Alternative direct petition method-
Notice to legislative body-Meeting-Assumption of
indebtedness-Proposed zoning regulation-Contents of
petition. (1) Proceedings for initiating annexation of unin-
corporated territory to a charter code city or noncharter code
city may be commenced by the filing of a petition of property
owners of the territory proposed to be annexed, in the follow-
ing manner which is alternative to other methods provided in
this chapter:
(a) Before the circulation of a petition for annexation, the
initiating party or parties, who shall be the owners of not less
than ten percent of the acreage for which annexation is
sought, shall notify the legislative body of the code city in
writing of their intention to commence annexation proceed-
ings;
(b) The legislative body shall set a date, not later th.an
sixty days after the filing of the request, for a meeting wI~h
the initiating parties to determine whether the code city Will
accept, reject, or geographically modify the proposed annex-
ation, whether it shall require the simultaneOl.~ adoption of a
proposed zoning regulation, if such a proposal has been pr~
pared and filed for the area to be annexed as provided for In
RCW 3SA.14.330 and 3SA.14.340, and whether it shall
(2006 Ed.)
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~d.)
Annexation by Code Cities 3SA.14.460
require the assumption of all or any portion of existing city
indebtedness by the area to be annexed;
(c) If the legislative body requires the assumption of all
or any portion of indebtedness and/or the adoption of a pro-
posed zoning regulation, it shall record this action in its min-
utes and the petition for annexation shall be so drawn as to
clearly indicate these facts;
(d) Approval by the legislative body shall be a condition
precedent to circulation of the petition; and
(e) There shall be no appeal from the decision of the leg-
islative body.
(2) A petition for annexation of an area contiguous to a
code city may be filed with the legislative body of the munic-
ipality to which annexation is desired. The petition for
annexation must be signed by the owners of a majority of the
acreage for which annexation is petitioned and a majority of
the registered voters residing in the area for which annexation
is petitioned.
(3) If no residents exist within the area proposed for
annexation, the petition must be signed by the owners of a
majority of the acreage for which annexation is petitioned.
(4) The petition shall set forth a legal description of the
property proposed to be annexed that complies with RCW
35A.l4.41O, and shall be accompanied by a drawing that out-
lines the boundaries of the property sought to be annexed. If
the legislative body has required the assumption of all or any
portion of city indebtedness by the area annexed or the adop-
tion of a proposed zoning regulation, these facts, together
with a quotation of the minute entry of such requirement, or
requirements, shall also be set forth in the petition. [2003 c
331 § 10.]
Intent-Severability-Effective date-2003 c 331: See notes follow-
ing RCW 35.13.410.
3SA.14.430 Alternative direct petition method-
Notice of hearing. When a petition for annexation is filed
with the legislative body of a code city, that meets the
requirements ofRCW 35A.01.040 and 35A.14.420, the legis-
lative body may entertain the same, fix a date for a public
hearing thereon and cause notice of the hearing to be pub-
lished in one or more issues of a newspaper of general circu-
lation in the city. The notice shall also be posted in three pub-
lic places within the territory proposed for annexation, and
shall specify the time and place of hearing and invite inter-
ested persons to appear and voice approval or disapproval of
the annexation. [2003 c 331 § 11.]
. Intent-Severability-Effective date-2003 c 331: See notes follow-
mg RCW 35.13.410.
. 3SA.14.440 Alternative direct petition method-
?rdinance providing for annexation. Following the hear-
Ing, if the legislative body determines to effect the annex-
ation, they shall do so by ordinance. Subject to RCW
35A.14.41O, the ordinance may annex all or any portion of
the proposed area but may not include in the annexation any
property not described in the petition. Upon passage of the
annexation ordinance, a certified copy shall be filed with the
board of county commissioners of the county in which the
annexed property is located. [2003 c 331 § 12.]
. Intent-Severability-Effective date-2003 c 331: See notes follow-
lng RCW 35.13.410.
(2006 Ed.)
3SA.14.4S0 Alternative direct petition method-
Effective date of annexation. Upon the date fixed in the
ordinance of annexation, the area annexed shall become part
of the city. All property within the annexed territory shall, if
the annexation petition so provided, be assessed and taxed at
the same rate and on the same basis as the property of the
annexing code city is assessed and taxed to pay for the por-
tion of any then-outstanding indebtedness of the city to which
the area is annexed, which indebtedness has been approved
by the voters, contracted for, or incurred before, or existing
at, the date of annexation and that the city has required to be
assumed. If the annexation petition so provided, all property
in the annexed area shall be subject to and a part of the pro-
posed zonirlg regulation as prepared and filed as provided for
in RCW 35A.14.330 and 35A.14.340. [2003 c 331 § 13.]
Intent-Severability-Effective date-2003 c 331: See notes follow-
ing RCW 35.13.410.
3SA.14.460 Annexation of territory within urban
growth areas-Interlocal agreement-Public hearing-
Ordinance providing for annexation. (1) The legislative
body of a county or code city planning under chapter 36.70A
RCW and subject to the requirements of RCW 36.70A.215
may initiate an annexation process for unincorporated terri-
tory by adopting a resolution commencing negotiations for an
interlocal agreement as provided in chapter 39.34 RCW
between a county and any code city within the county. The
territory proposed for annexation must meet the following
criteria: (a) Be within the code city urban growth area desig-
nated under RCW 36. 70A.ll 0, and (b) at least sixty percent
of the boundaries of the territory proposed for annexation
must be contiguous to the annexing code city or one or more
cities or towns.
(2) If the territory proposed for annexation has been des-
ignated in an adopted county comprehensive plan as part of
an urban growth area, urban service area, or potential annex-
ation area for a specific city, or if the urban growth area terri-
tory proposed for annexation has been designated in a written
agreement between a city and a county for annexation to a
specific city or town, the designation or designations shall
receive full consideration before a city or county may irlitiate
the annexation process provided for in RCW 35A.14.470.
(3) The agreement shall describe the boundaries of the
territory to be annexed. A public hearing shall be held by
each legislative body, separately or jointly, before the agree-
ment is executed. Each legislative body holding a public
hearing shall, separately or jointly, publish the agreement at
least once a week for two weeks before the date of the hearing
in one or more newspapers of general circulation within the
territory proposed for annexation .
(4) Following adoption and execution of the agreement
by both legislative bodies, the city legislative body shall
adopt an ordinance providing for the annexation of the terri-
tory described in the agreement. The legislative body shall
cause notice of the proposed effective date of the annexation,
together with a description of the property to be annexed, to
be published at least once each week for two weeks subse-
quent to passage of the ordinance, in one or more newspapers
of general circulation within the city and in one or more
newspapers of general circulation withirl the territory to be
annexed. If the annexation ordinance provides for assump-
[Title 35A RCW-page 33]
II i
3SA.14.470 Title 3SA RCW: Optional Municipal Code
tion of indebtedness or adoption of a proposed zoning regula-
tion, the notice shall include a statement of the requirements.
Any territory to be annexed through an ordinance adopted
under this section is annexed and becomes a part of the city
upon the date fixed in the ordinance of annexation, which
date may not be fewer than forty-five days after adoption of
the ordinance. [2003 c 299 § 3.]
3SA.14.470 Annexation of territory within urban
growth areas-County may initiate process with other
cities or towns-Interlocal agreement-Public hearing-
Ordinance-Referendum-Election, when necessary.
(Effective until January 1, 2007.) (1) The legislative body
of any county planning under chapter 36.70A RCW and sub-
ject to the requirements of RCW 36.70A.215 may initiate an
annexation process with the legislative body of any other cit-
ies or towns that are contiguous to the territory proposed for
annexation in RCW 35A.14.460 if:
(a) The county legislative body initiated an annexation
process as provided in RCW 35A.14.460; and
(b) The affected city legislative body adopted a respon-
sive resolution rejecting the proposed annexation or declined
to create the requested interlocal agreement with the county;
or
(c) More than one hundred eighty days have passed since
adoption of a county resolution as provided for in RCW
35A.14.460 and the parties have not adopted or executed an
interlocal agreement providing for the annexation of unincor-
porated territory. The legislative body for either the county
or an affected city may, however, pass a resolution extending
the negotiation period for one or more six-month periods if a
public hearing is held and findings of fact are made prior to
each extension.
(2) Any county initiating the process provided for in sub-
section (1) of this section must do so by adopting a resolution
commencing negotiations for an interlocal agreement as pro-
vided in chapter 39.34 RCW between the county and any city
or town within the county. The annexation area must be
within an urban growth area designated under RCW
36.70A.IlO and at least sixty percent of the boundaries of the
territory to be annexed must be contiguous to one or more cit-
ies or towns.
(3) The agreement shall describe the boundaries of the
territory to be annexed. A public hearing shall be held by
each legislative body, separately or jointly, before the agree-
ment is executed. Each legislative body holding a public
hearing shall, separately or jointly, publish the agreement at
least once a week for two weeks before the date of the hearing
in one or more newspapers of general circulation within the
territory proposed for annexation.
(4) Following adoption and execution of the agreement
by both)egislative bodies, the city or town legislative body
shall adopt an ordinance providing for the annexation. The
legislative body shall cause notice of the proposed effective
date of the annexation, together with a description of the
property to be annexed, to be published at least once each
week for two weeks subsequent to passage of the ordinance,
in one or more newspapers of general circulation within the
city and in one or more newspapers of general circulation
within the territory to be annexed. If the annexation ordi-
nance provides for assumption of indebtedness or adoption of
[Title 35A RCW-page 34]
a proposed zoning regulation, the notice shall include a stat
ment of the requirements. Any area to be annexed through e-
ordinance adopted under this section is annexed and becom an
a part of the city or town upon the date fixed in the ordinan es
of annexation, which date may not be less than forty-f' Ce
days after adoption of the ordinance. lve
(5) The annexation ordinances provided for in RCW
35A.14.460(4) and subsection (4) of this section are subje t
to referendum for forty-five days after passage. Upon the fi~
ing of a timely and sufficient referendum petition with th
legislative body, signed by registered voters in number equ~
to not less than fifteen percent of the votes cast in the last gen-
eral state election in the area to be annexed, the question of
annexation shall be submitted to the voters of the area in a
general election if one is to be held within ninety days or at a
special election called for that purpose not less than forty-five
days nor more than ninety days after the filing of the referen-
dum petition. Notice of the election shall be given as pro-
vided in RCW 35A.14.070 and the election shall be con-
ducted as provided in the general election law. The annex-
ation shall be deemed approved by the voters unless a
majority of the votes cast on the proposition are in opposition
thereto.
After the expiration of the forty-fifth day from but
excluding the date of passage of the annexation ordinance, if
no timely and sufficient referendum petition has been filed,
the area annexed shall become a part of the city or town upon
the date fixed in the ordinance of annexation.
(6) If more than one city or town adopts interlocal agree-
ments providing for annexation of the same unincorporated
territory as provided by this section, an election shall be held
in the area to be annexed pursuant to RCW 35A.14.070. In
addition to the provisions of RCW 35A.14.070, the ballot
shall also contain a separate proposition allowing voters to
cast votes in favor of annexation to anyone city or town par-
ticipating in an interlocal agreement as provided by this sec-
tion. If a majority of voters voting on the proposition vote
against annexation, the proposition is defeated. If, however,
a majority of voters voting in the election approve annex-
ation, the area shall be annexed to the city or town receiving
the highest number of votes among those cast in favor of
annexation.
(7) Costs for an election required under subsection (6) of
this section shall be borne by the county. [2003 c 299 § 4.]
3SA.14.470 Annexation of territory within urban
growth areas-County may initiate process with other
cities or towns-Interlocal agreement-Public hearing-
Ordinance-Referendum-Election, when necessary.
(Effective January 1, 2007.) (1) The legislative body of any
county planning under chapter 36.70A RCW and subject to
the requirements ofRCW 36.70A.215 may initiate an annex-
ation process with the legislative body of any other cities or
towns that are contiguous to the territory proposed for annex-
ation in RCW 35A.14.460 if:
(a) The county legislative body initiated an annexation
process as provided in RCW 35A.14.460; and
(b) The affected city legislative body adopted a respon-
sive resolution rejecting the proposed annexation or declined
to create the requested interlocal agreement with the county;
or
(2006 Ed.)
i
Annexation by Code Cities 35A.14.700
(c) More than one hundred eighty days have passed since
adoption of a county resolution as provided for in RCW
35A.14.460 and the parties have not adopted or executed an
interlocal agree~ent providing for the annexation of un inc or-
porated territoif. The legislative body for either the county
or an affected city may, however, pass a resolution extending
the negotiation period for one or more six-month periods if a
public hearing is held and findings of fact are made prior to
each extension.
(2) Any county initiating the process provided for in sub-
section (1) of this section must do so by adopting a resolution
commencing negotiations for an interlocal agreement as pro-
vided in chapter 39.34 RCW between the county and any city
or town within the county. The annexation area must be
within an urban growth area designated under RCW
36.70A.110 and at least sixty percent of the boundaries of the
territory to be annexed must be contiguous to one or more cit-
ies or towns.
(3) The agreement shall describe the boundaries of the
territory to be annexed. A public hearing shall be held by
each legislative body, separately or jointly, before the agree-
ment is executed. Each legislative body holding a public
hearing shall, separately or jointly, publish the agreement at
least once a week for two weeks before the date of the hearing
in one or more newspapers of general circulation within the
territory proposed for annexation.
(4) Following adoption and execution of the agreement
by both legislative bodies, the city or town legislative body
shall adopt an ordinance providing for the annexation. The
legislative body shall cause notice of the proposed effective
date of the annexation, together with a description of the
property to be annexed, to be published at least once each
week for two weeks subsequent to passage of the ordinance,
in one or more newspapers of general circulation within the
city and in one or more newspapers of general circulation
within the territory to be annexed. If the annexation ordi-
nance provides for assumption of indebtedness or adoption of
a proposed zoning regulation, the notice shall include a state-
ment of the requirements. Any area to be annexed through an
ordinance adopted under this section is annexed and becomes
a part of the city or town upon the date fixed in the ordinance
of annexation, which date may not be less than forty-five
days after adoption of the ordinance.
(5) The annexation ordinances provided for in RCW
35A.14.460(4) and subsection (4) of this section are subject
to referendum for forty-five days after passage. Upon the fll-
ing of a timely and sufficient referendum petition with the
legislative body, signed by registered voters in number equal
to not less than fifteen percent of the votes cast in the last gen-
eral stl!te election in the area to be annexed, the question of
annexation shall be submitted to the voters of the area in a
general election if one is to be held within ninety days or at a
special election called for that purpose according to RCW
29A.04.330. Notice of the election shall be given as provided
in RCW 35A.14.070 and the election shall be conducted as
provided in the general election law. The annexation shall be
deemed approved by the voters unless a majority of the votes
cast on the proposition are in opposition thereto.
After the expiration of the forty-filth day from but
excluding the date of passage of the annexation ordinance, if
no timely and sufficient referendum petition has been flled,
(2006 Ed.)
the area annexed shall become a part of the city or town upon
the date fixed in the ordinance of annexation.
(6) If more than one city or town adopts interlocal agree-
ments providing for annexation of the same unincorporated
territory as provided by this section, an election shall be held
in the area to be annexed pursuant to RCW 35A.14.070. In
addition to the provisions of RCW 35A.14.070, the ballot
shall also contain a separate proposition allowing voters to
cast votes in favor of annexation to anyone city or town par-
ticipating in an interlocal agreement as provided by this sec-
tion. If a majority of voters voting on the proposition vote
against annexation, the proposition is defeated. If, however,
a majority of voters voting in the election approve annex-
ation, the area shall be annexed to the city or town receiving
the highest number of votes among those cast in favor of
annexation.
(7) Costs for an election required under subsection (6) of
this section shall be borne by the county. [2006 c 344 § 26;
2003 c 299 § 4.]
Effective date-2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
35A.14.500 Outstanding indebtedness not affected.
When any portion of a fire protection district is annexed by or
incorporated into a code city, any outstanding indebtedness,
bonded or otherwise, shall remain an obligation of the taxable
property annexed or incorporated as if the annexation or
incorporation had not occurred. [1967 ex. s. c 119 §
35A.14.500.]
35A.14.550 Providing annexation information to
public. A code city can provide factual public information
on the effects of pending annexation proposed for the code
city. [1989 c 351 § 9.]
35A.14.700 Determining population of annexed ter-
ritory-Certificate-As basis for allocation of state
funds-Revised certificate. Whenever any territory is
annexed to a code city, a certificate as hereinafter provided
shall be submitted in triplicate to the office of financial man-
agement withinthirty days of the effective date of annexation
specified in the relevant ordinance. After approval of the cer-
tificate, the office of financial management shall retain the
original copy in its flles, and transmit the second copy to the
department of transportation and return the third copy to the
code city. Such certificates shall be in such form and contain
such information as shall be prescribed by the office of finan-
cial management. A copy of the complete ordinance contain-
ing a legal description and a map showing specifically the
boundaries of the annexed territory shall be attached to each
of the three copies of the certificate. The certificate shall be
signed by the mayor and attested by the city clerk. Upon
request, the office of financial management shall furnish cer-
tification forms to any code city.
Upon approval of the annexation certificate, the office of
financial management shall forward to each state official or
department responsible for making allocations or payments
to cities or towns, a revised certificate reflecting the increase
in population due to such annexation. Upon and after the date
of the commencement of the next quarterly period, the popu-
[Title 35A RCW-page 35]
,I3SA.14.801 Title 3SA RCW: Optional Municipal Code
lation determination indicated in such revised certificate shall
be used as the basis for the allocation and payment of state
funds to such city or town.
For the purposes of this section, each quarterly period
shall commence on the first day of the months of January,
April, July, and October. Whenever a revised certificate is
forwarded by the office of financial management thirty days
or less prior to the commencement of the next quarterly
period, the population of the annexed territory shall not be
considered until the commencement of the following quar-
terly period.
The resident population of the annexed territory shall be
determined by, or under the direction of, the mayor of the
code city. Such popUlation determination shall consist of an
actual enumeration of the popUlation which shall be made in
accordance with practices and policies, and subject to the
approval of the office of financial management. The popula-
tion shall be determined as of the effective date of annexation
as specified in the relevant ordinance.
Until an annexation certificate is filed and approved as
provided herein, such annexed territory shall not be consid-
ered by the office of financial management in determining
the population of such code city. [1979 ex.s. c 18 § 28; 1979
c 151 § 35; 1975 1st ex.s. c 31 § 2; 1967 ex.s. c 119 §
35A.14.700.]
Severability-1979 ex.S. c 18: See note following RCW 35A.01.070.
Population determinations, office offinancial management: Chapter 43.62
RCW.
3SA.14.801 Road district taxes collected in annexed
territory-Disposition-N otification of annexation.
Whenever any territory is annexed to a code city which is part
of a road district of the county and road district taxes have
been levied but not collected on any property within the
annexed territory, the same shall when collected by the
county treasurer be paid to the code city and by the city
placed in the city street fund; except that road district taxes
that are delinquent before the date of annexation shall be paid
to the county and placed in the county road fund. This section
shall not apply to any special assessments due in behalf of
such property. The code city is required to provide notifica-
tion, by certified mail, that includes a list of annexed parcel
numbers, to the county treasurer and assessor at least thirty
days before the effective date of the annexation. The county
treasurer is only required to remit to the code city those road
taxes collected thirty or more days after receipt of the notifi-
cation. [2001 c 299 § 3; 1998 c 106 § 2; 1971 ex.s. c 251 §
14.]
Severability-1971 ex.s. c 251: See RCW 35A.90.050.
3SA.14.900 Cancellation, acquisition of franchise or
permit for operation of public service business in terri-
tory annexed-Regulation of solid waste collection. The
annexation by any code city of any territory pursuant to this
chapter shall cancel, as of the effective date of such annex-
ation, any franchise or permit theretofore granted to any per-
son, firm or corporation by the state of Washington, or by the
governing body of such annexed territory, authorizing or oth-
erwise permitting the operation of any public utility, includ-
ing but not limited to, public electric, water, transportation,
[Title 35A RCW-page 36]
garbage disposal or other similar public service busi
facility within the limits of the annexed territory ~ess Or
holder of any such franchise or permit canceled pu;su ut the
this section shall be forthwith granted by the annexin ant to
. fr h' . h b' . g Code CIty a anc Ise to contmue suc usmess WIthin the an . nexed temtory for a term of not less than seven years from th d . '. e ate of Issuance thereof, and the annexmg code Clty, by franch' "
. bli . hall Ise permlt or pu c operation, s not extend similar or '
peting services to the annexed territory except upon a p~~m
showing of the inability or refusal of such person, firm or cper
poration to adequately service said annexed territory at a:r~r~
sonable price: PROVIDED, That the provisions of this se a~
tion ~hall not ~reclud~ the purcha~e. ~y the annexing code ci~
of SaId franchise, busmess, or faCIlitIes at an agreed or nego-
tiated price, or from acquiring the same by condemnation
upon payment of damages, including a reasonable amount for
the loss of the franchise or permit. In the event that any per-
son, firm or corporation whose franchise or permit has been
canceled by the terms of this section shall suffer any measur-
able damages as a result of any annexation pursuant to the
provisions of the laws above-mentioned, such person, firm or
corporation shall have a right of action against any code city
causing such damages.
After an annexation by a code city, the utilities and trans-
portation commission shall continue to regulate solid waste
collection within the limits of the annexed territory until such
time as the city notifies the commission, in writing, of its
decision to contract for solid waste collection or provide solid
waste collection itself pursuant to RCW 81.77.020. In the
event the annexing city at any time decides to contract for
solid waste collection or decides to undertake solid waste col-
lection itself, the holder of any such franchise or permit that
is so canceled in whole or in part shall be forthwith granted
by the annexing city a franchise to continue such business
within the annexed territory for a term of not less than the
remaining term of the original franchise or permit, or not less
than seven years, whichever is the shorter period, and the
city, by franchise, permit, or public operation, shall not
extend similar or competing services to the annexed territory
except upon a proper showing of the inability or refusal of
such person, firm, or corporation to adequately service the
annexed territory at a reasonable price. Upon the effective
date specified by the code city council's ordinance or resolu-
tion to have the code city contract for solid waste collection
or undertake solid waste collection itself, the transition period
specified in this section begins to run. This section does not
preclude the purchase by the annexing city of the franchise,
business, or facilities at an agreed or negotiated price, or from
acquiring the same by condemnation upon payment of dam-
ages, including a reasonable amount for the loss of the fran-
chise or permit. In the event that any person, firm, or corpo-
ration whose franchise or permit has been canceled by the
terms of this section suffers any measurable damages as a
result of any annexation pursuant to this chapter, such person,
firm, or corporation has a right of action aga; ast any city
causing such damages. [1997 c 171 § 3; 1967 ex.s. c 119 §
35A.14.900.]
Severability-1997 c 171: See note following RCW 35.02.160.
(2006 Ed.)