2481ORDINANCE NO. 2481
AN ORDINANCE AMENDING CHAPTER 19.03 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "CLASSIFICATION AND DESIGNATION OF RESOURCE LANDS
AND CRITICAL AREAS AND REGULATIONS FOR THE CONSERVATION AND
PROTECTION OF RESOURCE LANDS AND CRITICAL AREAS"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS:
Section 1. Chapter 19.03 of the Moses Lake Municipal Code entitled "Classification And Designation of
Resource Lands And Critical Areas And Regulations For The Conservation And Protection of Resource
Lands And Critical Areas" is amended as follows:
19.03.050 Definitions:
A.Agricultural Lands - lands that are not already characterized by urban growth and are of long-
term commercial significance for the commercial production of horticultural, viticultural,
floricultural, dairy, apiary, vegetable, or animal products, or of berries, grain, hay, straw, turf,
seed, livestock, and Christmas trees not subject to excise tax.
B.Aquifer Recharge Areas - areas which serve as critical groundwater recharge areas and
which are highly vulnerable to contamination from intensive land uses within these areas.
C.Building Setback Line - means the distance beyond which the footprint or foundation of the
building or structure shall not extend.
D.City - means the City of Moses Lake, Washington, a municipal corporation.
E.Contaminant - means any chemical, physical, biological, or radiological material that is not
naturally occurring and is introduced into the environment by human action, accident, or
negligence.
F.Commercial Significance, Long-Term - means the growing capacity, productivity, and soil
composition of the land for long-term commercial production, in consideration with the land's
proximity to population areas, and the possibility of more intense use of the land.
G.Critical Areas - an area or combination of areas which include wetlands, aquifer recharge
areas, frequently flooded areas, geologically hazardous areas, and fish and wildlife habitat
conservation areas
H.Data Maps - means a series of maps that are maintained by the Community Development
Department for the purpose of graphically depicting the boundaries of resource lands and
critical areas.
I.Erosion Hazard Areas - areas which are vulnerable to erosion due to natural characteristics
including vegetative cover, soil texture, slope gradient, or which have been induced by
human activity. Areas which have been rated as severe or very severe for building site
development on slopes by the United States Department of Agriculture Soil Conservation
Service Soil Survey for Grant County (Jan. 1984) are included within this definition.
J.Fish and Wildlife Habitat Areas - areas which, in a natural state, serve as an important habitat
for locally important species, including, but not limited to, riparian ecosystems, naturally
occurring ponds under twenty (20) acres; or areas in which rare, threatened, or endangered
species have a primary association.
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K.Frequently Flooded Areas - areas within the City of Moses Lake which are determined to be
at risk of having one percent (1%) or greater chance of experiencing a flood in any one (1)
year, with those areas defined and identified on the Federal Emergency Management
Administration (FEMA) Flood Insurance Rate Maps for the City of Moses Lake.
L.Geologically Hazardous Areas - areas designated within the City of Moses Lake which are
not suited for siting commercial, residential, or industrial development because of their
susceptibility to erosion, sliding, earthquake, or other geological events. These areas shall
include erosion hazard areas, landslide hazard areas, and seismic hazard areas.
M.Habitat Management Plan - means a report prepared by a qualified wildlife biologist for the
management of fish and wildlife habitat areas.
N.Hazardous Substance - means any material that exhibits any of the characteristics or criteria
of hazardous waste, inclusive of waste oil and petroleum products, and which further meets
the definitions of "hazardous waste" pursuant to WAC 173-303.
0. Hillsides - geologic features with slopes of fifteen percent (15%) or greater.
P.Landslide Hazard Areas - areas which are susceptible to risk of mass movement due to a
combination of geologic, topographic, and hydrologic factors.
Q.Mineral Lands - lands that are not already characterized by urban growth and are of long-
term commercial significance for the extraction of aggregate and mine resources, including
sand, gravel, and valuable metallic substances.
R.Seismic Hazard Areas - areas which are susceptible to severe damage from earthquakes as
a result of ground shaking, slope failure, settlement, or soil liquefaction.
S.Species of Local Importance - means a species of animal which are of local concern due to
their population status or their sensitivity to habitat manipulation. This term also includes
game species.
T.Slope - means an inclined ground surface, the inclination of which is expressed as a ratio or
percentage. The percentage is determined by the following formula:
V (Vertical Distance)/H (Horizontal Distance) x 100 = Slope °/0
U.Wildlife Biologist - means a person having a minimum of a Bachelor's degree in wildlife
biology, wildlife science, wildlife ecology, wildlife management, or zoology.
19.03.070 Interpretation of Data Maps: The Community Development Director is charged with the
administration of the City of Moses Lake 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 to the Planning Commission.
All development applications are required to show the boundary(s) of all resource lands and
critical areas on a scaled drawing prior to the development application being considered
complete for processing purposes.
19.03.090 Site Analysis: When an application for development, permit, or license is received by the city,
the application shall indicate whether any resource land or critical area is located on the site. The
Community Development Director or the director's designee shall inspect the site and evaluate
the information provided by the applicant. The Community Development Director or director's
designee shall evaluate the proposal and make a determination if a site study analysis is
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PAGE 3 June 23, 2009
required. If it is determined that a site study analysis is required, the Community Development
Director shall notify the applicant in writing of the required study. A site study analysis shall
include a comprehensive site inventory and analysis, a discussion of the potential impacts from
the proposed development and specific measures or alternatives designed to mitigate any
potential adverse impacts of the applicant's proposal on and off-site.
19.03.100 Appeals: Any decision of the Community Development Director in the administration of this
chapter may be appealed to the Planning Commission. Such appeal shall be in writing and must
be submitted to the city within ten (10) days from the date of the administrator's decision.
19.03.170 Fish and Wildlife Habitat Areas:
A. General: Fish and wildlife habitat areas are those areas identified as being of critical
importance in the maintenance and preservation of fish, wildlife, and natural vegetation.
Areas which are identified or classified as fish and wildlife habitat areas shall be subject to
the requirements of this section. Fish and wildlife habitat areas are identified as follows:
1.Areas with which federal or state endangered, threatened, and sensitive species of fish,
wildlife, and plants have a primary association and which, if altered, may reduce the
likelihood that the species will maintain and reproduce over the long term.
2.Habitats and species of local importance, including areas with state listed monitor or
candidate species or federally listed candidate species have a primary association and
which, if altered, may reduce the likelihood that the species will maintain and reproduce
over the long term.
3.Naturally occurring ponds under twenty (20) acres and their submerged aquatic beds that
provide fish or wildlife habitat.
4.Lakes, ponds, and streams planted with game fish by a governmental agency.
5.State natural area preserves and natural resource conservation areas.
B. Development Standards: For all regulated activity proposed on a site which contains or is
within three hundred feet (300) of fish and wildlife habitat, a habitat assessment shall be
required and shall be prepared by a professional wildlife biologist. The habitat assessment
shall include, at a minimum, the following:
1.An analysis and discussion of species or habitats known or suspected to be located on
the development site and or within the habitat ecosystem.
2.A site plan which clearly delineates the critical fish and wildlife habitats found.
C. Habitat Assessment Review: A habitat assessment review shall be forwarded for review and
comment to agencies with expertise or jurisdiction on the proposal, including, but not limited
to:
1.Washington Department of Wildlife
2.Washington Department of Fisheries
3.Washington Department of Natural Resources
4.U.S. Fish and Wildlife Service
Adopted by the City Council and signed by its MayorrrSiTine 23, 200
Ronald C. Covey, Mayo
ATTES
APPROVED AS TO FORM:
mes A. Whitaker, City Attorney
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PAGE 4 June 23, 2009
Comments received from review agencies within forty-five (45) days of the submittal of the
assessment shall be considered by the Community Development Department. If it is
determined, based upon the comments received, that critical fish and wildlife habitat does
not occur on or within three hundred feet (300') of the site, the development may proceed
without any additional requirements under this section. If it is determined that a critical fish
and wildlife habitat occurs on or within three hundred feet (300 of the site, a habitat
management plan shall be prepared.
D. Habitat Management Plan: Habitat management plans required under this section shall be
prepared by a professional wildlife biologist. The habitat management plan shall include, at
a minimum, the following:
1.Analysis and discussion on the project's effects on critical fish and wildlife habitat.
2.An assessment and discussion on special management recommendations which have
been developed for species or habitat located on the site by any federal or state agency.
3.Proposed mitigation measures which could minimize or avoid impacts.
4.Assessment and evaluation of the effectiveness of mitigation measures proposed. Upon
review of the habitat management plan by appropriate federal and state agencies,
comments received from the agencies within forty-five (45) days of the submittal of the
proposed plan shall be considered by the city and, if mitigation is recommended, may be
incorporated into conditions of project approval. If it is determined, based on the
comments received, that a project or proposal will result in the net loss of critical fish and
wildlife species, the project or proposal may be denied.
E. Habitat Management Plan Review: The Planning Commission shall discuss the potential
impacts from the proposed development and specific measures or alternatives designed to
mitigate any potential adverse impacts of the applicant's proposal on and off-site. The
Planning Commission shall review the habitat management plan and make a determination
if the development proposal warrants approval, conditional approval, or denial.
F. Buffer Requirements: The Planning Commission, upon the review of the habitat
management plan, shall require buffer areas based upon the habitat management plan. The
buffer areas by the Planning Commission would serve to mitigate impacts to critical fish and
wildlife habitat areas.
Section 2. This ordinance shall take effect and be in force five (5) days after its passage and publication
of its summary as provided by law.
Ronald R. Cone, Finance Director