2237_00001ORDINANCE NO.2237
AN ORDINANCE AMENDINGCHAPTER 19.06 OF THE MOSES LAKEMUNICIPAL
CODE ENTITLED "CLASSIFICATION AND DESIGNATION OF WETLANDS ANDREGULATIONSFORTHECONSERVATIONANDPROTECTIONOFWETLANDS"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1.Chapter 19.06 of the Moses Lake Municipal Code entitled "Classification and Designation of
Wetlands and Regulations for the Conservation and Protection ofWetlands"is amended as follows:O 19.06.050 Definitions:
A.Alteration -any activitywhich materially affects the existing condition of land improvements
B.ADolicant -means the person,party,firm,corporation,or other legal entity that proposes anyactivity.The applicant is either the owner ofthe land on which theproposed activity would be
located,or the designated representative.
C.-means the City of Moses Lake
D.Clearina -means the removal of brush,grass,ground cover,or other vegetative matter from
a site which exposes the surface of the site.
E.Compensatory Mitigation -means mitigation for wetland losses or impacts resulting fromalterationofwetlandsand/or their buffers.It includes,but is not limited to,creation,
enhancement,and restoration
F.Creation -means the producing or forming of a wetland through artificial means from anupland(non-wetland)site.
G.Designated Wetland -means those lands identified throughthe classification processestablishedbythischapter.
H.Development -means alteration (seedefinition for Alteration)
O I.Earth/Earth Material-means naturally occurring rock,soil,stone,sediment,organic material,
or combination thereof.
J.Enhancement -means actions performed to improve the condition of existing degradedwetlandsand/or buffers so that the functions they provide are of a higher quality (e.g.,increasing plant diversity,increasing wildlife habitat,installing environmentally compatible
erosion controls,removing non-indigenous plant or animal species,removing fillmaterial orgarbage,etc.).
K.Erosion -means thewearing away ofthe earth's surface as a result ofthe movement ofwind,water,or ice.
L.Excavation -means the manual and or mechanical removal af earth material or fill.
M.Existinq and Ongoinq Aqricultural Activities -means those activitiesconducted on landsdefinedinRCW84.34.020 (2),and thoseactivities involved in the production of crops andlivestock,including but not limited to operation and maintenance offarm and stock ponds ordrainageditches,irrigation systems,changes between agricultural activities,and normaloperation,maintenance or repair of existing serviceable structures,facilities or improved
areas.Activities which bring an area into agricultural use are not part of an ongoing activity.An operation ceases to be on going when the area on which it was conducted has beenconvertedtoanon-agricultural use or has lain idle morethan five (5)years and so long thatmodificationstothehydrologicalregimearenecessarytoresumeoperations,unless theidlelandisregisteredinafederalorstatesoilsconservationprogram.
N.Fill/FillMaterial -means a deposit of earth material,placed by human or mechanical means,and which is not defined as solidwaste according to RCW 70.95.O O.Fjlgng-means the act of placing fillmaterial on any surface.
P.Grading -means any excavating,filling,clearing,leveling,or contouring ofthe ground surfaceofasite.
Q.In-KindMitigation-means toreplacewetlands withsubstitutewetlands whose characteristicsandfunctionsandvaluesareintendedtoreplicatethosedestroyedordegradedbyaregulatedactivity.
R.Mitigation -means toavoid,minimize,orcompensate for adverse wetland impacts.
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Page 2
S.Out-of-Kind Mitigation -means to replace wetlands whose characteristics do not closely
approximate those destroyed or degraded by a regulated activity.
T.Permanent ErosionControl-means continuous on-site and off-site control measures thatareneededtocontrolconveyanceordepositionofearth,turbidity,orpollutants afterdevelopment,construction,or restoration.
U.Restoration -means the re-establishment of a viable wetland from a previously filled ordegradedwetlandsite.
V.Significant Impact -means a meaningfulchange or recognizable effectto the ecological
function and value of a wetland,which is noticeable or measurable,resulting in a loss of
wetland function and value.
W.Single-Family Residence or Dwelling-means a building or structure,or portion thereof,which
is designed for and used to provide a place of residence for human habitation.
X._Sjte-means any parcel orcombinationofcontiguousparcels,or right-of-way or combination
of contiguous rights-of-way under the applicant's ownership or control where the proposed
project impacts a wetland(s).
Y.S_lop_e-means an inclined earth surface,the inclination of which is expressed as the ratio of
horizontal distance to vertical distance.
Z.Substrate -means thesoil,sediment,decomposing organic matter,or combination,located
on the bottom surface of the wetland.
AA.Utility Line -means pipe,conduit,cable,or other similar facility by which services areconveyedtothepublicorindividualrecipients.Such services shall include,butare not limited
to,water supply,electric power,gas,and communications.
BB.Wetland(s)-means areas that are inundated or saturated by surface water or ground water
at a frequency and duration sufficient to support,and that under normal circumstances do
support,a prevalence of vegetation typicallyadapted for life in saturated soil conditions.
Wetlands generally include swamps,marshes,bogs,and similar areas.Wetlands do not
include those artificialwetlands intentionally createdfrom non-wetland sites,including but not
limited to,irrigation and drainage ditches,grass lined swales,canals,detention facilities,
retention facilities,wastewater treatmentfacilities,farm ponds,and landscape amenities or
those wetlands created after July 1,1990,thatwere unintentionally created as a result of the
construction of a road,street,or highway.Wetlands may include thoseartificialwetlands
intentionally created from non-wetland areas tomitigate the conversion of wetlands.
CC.Wetland Buffer Zone -means a designated area contiguous or adjacentto a wetland that is
required for the continued maintenance,function,and structuralstability of the wetland.
DD.Wetland Specialist -is a person witha minimum ofa four (4)year degree inwildlifesciences,
biology,environmental science,or an equivalent academic background who also has
experience in performing wetland delineations,analysis ofwetland functions and values and
project impacts,and wetland mitigation and restoration techniques.The person must be
familiar with the Washington State Wetland Identification and Delineation Manual (WDOE
publ.96-94),theWashington State Wetland Rating System for Eastern Washington,and the
City ofMoses Lake Wetlands Ordinance.
19.06.070 Interpretation of Data Maps:The Community Development Director is charged with the
administration of the Cityof Moses Lake's Zoning Ordinance for the purpose of interpreting data
maps.An affected property owner or other party with standing has a right to appeal the
Community Development Director's determination tothe Planning Commission incompliance with
Chapter 20.11 of this Code.
AIIdevelopment applications are required to show the boundary(s)of all wetlands on a scaled
drawing prior tothe development application being considered complete for processing purposes.
19.06.090 Site Analysis:When an application for a development permit or license is received by the city,
the application shall indicate whetherthe proposal is withintwohundred feet (200')of an affected
wetland(s)area.If it is indicated on the application thatan adjacent wetland or affected wetland
is present,a wetland analysis report shall be filed,unless the Department determines that the
proposal is not adjacent to or within an affected wetland on the site.Ifthe data maps and/or the
application do not indicate the presence of a wetland,but there are other indications that a
wetland may be present,the Community Development Director or designee shall make a
determination whether a wetlandanalysis reportshall be required.
19.06.110 Appeals:Any decision of the Community Development Directorin the administration of this
chapter may be appealed tothePlanning Commission.Such appeal shall be inwritingand must
be submitted to thecity in compliance with Chapter 20.11 of thiscode.
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19.06.120 Wetlands Classification and Ratings Guidelines:A wetland rating and classificationshall beestablishedbaseduponacompleteddelineationreportpreparedbyawetlandspecialisttodetermineboundary,size,function,and value.Guidelines for preparing a wetland delineation
report are defined in Section 19.06.150 of thischapter and the Washington State Wetland
Identification and Delineation Manual (WDOE publ.96-94).Guidelinesfor rating wetlands aredefinedintheWashingtonStateDepartmentofEcologyWetlandsRatingSystemforEastern
Washington,August 2004.Wetlands shall be classified in accordance with this rating system.
19.06.150 Wetlands Analysis Report Reauirements:
A.Awetland analysis report shall be prepared by a qualified wetland specialist in accordancewiththeWashingtonStateWetlandIdentificationandDelineationManual(WDOE publ.96-94)
and submitted to the Community Development Department for review for any proposals
adjacent to or within an affectedwetlandarea.
B.Within forty-five (45)days ofthesubmittalofthewetlands analysis report,the Community
Development Department shall determine the appropriate wetland category,buffering
requirement,and potential mitigation based upontherecommendation ofthe wetlands reportanalysis.The wetland analysis report shallbe forwarded for reviewandcommenttoagencieswithexpertiseorjurisdictionontheproposal,including,but not limitedto:
1.Washington State Department of Fish and Wildlife
2.Washington State Department of Natural Resources
3.U.S.Fish and WildlifeService
4.Washington State Department of Ecology
5.United States Army Corps of Engineers
Comments received from review agencies within forty-five (45)days of circulating the wetlandanalysisreportshallbeconsideredbytheCommunityDevelopmentDepartment.
19.06.170 Buffer Alteration:The aforementioned buffer widths may be reduced,with the exception ofCategory5Wetlands,ifthe sitedemonstrates that the adjacent land is,and willremain,denselyOvegetated,and thatthe intensity of the proposed land use for the development site does notcontributetoa"netloss".The Planning Commissionshall review requests for buffer alterations
and approve,conditionally approve,ordeny the request based onstaffcommentsand comments
received pertinent totheproposal from agencies with expertise or jurisdictionon the proposal,
including,but not limited to:
A.Washington State Department of Fish and Wildlife
B.Washington State Department ofNatural Resources
C.U.S.Fish and WildlifeService
D.Washington State Department of Ecology
E.United States Army Corps of Engineers
Atno timeshall the minimum buffer be less than fiftypercent (50%)ofthewidths established underthissection.
Section 2.This ordinance shall take effect and be in force five (5)days afterits passage and publication ofitssummaryasprovidedbylaw.
Adopted by the City Council and signed by its Mayor on er 25,2 .
e ATTEST:Ronald C.Covey,Mayo
Ronald R.Cone,Finance Director
APPROVED AS TO FOR :
mes A.W aker,City Attorney
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