16.10.045 General standards | Electric City Municipal Code

16.10.045 General standards.

The following standards shall apply to the activities identified below, in addition to the general standards for each critical area:

(1) Boat Launch Facilities. Construction of a boat launch facility may be authorized subject to the following standards:

(a) The facility shall be in compliance with the requirements of the Electric City shoreline master program;

(b) The facility and landward access shall not significantly alter the existing critical area or buffer vegetation; and

(2) Road Repair and Construction. When no other practical alternative exists, public or private road repair, maintenance, expansion or construction may be authorized within a critical area buffer, subject to the following minimum standards:

(a) The road shall serve multiple properties;

(b) No unmitigated impacts to the designated critical area or buffer area shall result from the repair, maintenance, expansion or construction of any public or private road;

(c) The road shall provide for the location of public utilities, pedestrian or bicycle easements, viewing points, etc.; and

(d) Road repair and construction shall be the minimum necessary to provide safe traveling surfaces.

(3) Major Developments. All major developments processed by the city according to the provisions of ECMC Title 19 for permits authorized within a critical area or critical area buffer shall comply with the following minimum standards:

(a) Inundated and/or submerged lands shall not be used in calculating minimum lot area for proposed lots;

(b) Only 50 percent of the total wetlands on the property, other than inundated and/or submerged lands, shall be used in calculating minimum lot area for proposed lots. All wetland buffers may be included in the calculation of minimum lot area for proposed lots;

(c) All plats shall disclose the presence on each residential lot of one building site, including access, that is suitable for development and which is not within the designated critical area or its associated buffer;

(d) All designated critical areas and their proposed buffers shall be clearly identified on all final plats, maps, documents, etc.;

(e) Designated critical areas and their associated critical area buffers, when needed for long-term protection, shall be designated and disclosed on the final plats, maps, documents, etc., as open space tracts, nonbuildable lots and buffer areas or common areas, with ownership and control transferred to a homeowner’s association. Designated critical areas and associated critical area buffers may alternatively be designated and disclosed on the final plats, maps, documents, etc., as an easement or covenant encumbering the property.

(4) Surface Water Management. When no other practical alternative exists, surface water management activities may be authorized within a critical area, except wetlands, subject to the following minimum standards:

(a) Critical areas may be used for retention/detention facilities, subject to all of the following criteria:

(i) The functions and water quality of the critical area or buffer shall not be adversely impacted;

(ii) The rate of flow into or the hydroperiod of a wetland shall not increase above natural flow rates; and

(iii) All surface water discharged from impervious surfaces shall be treated prior to entering a critical area or buffer.

(b) New surface water discharges to critical areas, except wetlands, from detention facilities, presettlement ponds, or other surface water management structures may be authorized, subject to all of the following criteria:

(i) The discharge does not increase the rate of flow into or the hydroperiod of a wetland above the natural rates;

(ii) All surface water discharged from impervious surfaces shall be treated prior to entering a critical area or buffer; and

(iii) The water quality of the critical area is not decreased.

(c) Stormwater Management in Wetlands. Stormwater management facilities are limited to stormwater dispersion outfalls and bioswales. They may be allowed within the outer 25 percent of the buffer of Category III or IV wetlands only; provided, that:

(i) No other location is feasible; and

(ii) The location of such facilities will not degrade the functions or values of the wetland; and

(iii) Stormwater management facilities are not allowed in buffers of Category I or II wetlands.

(5) Trails and Trail-Related Facilities. Construction of public and private trails and trail-related facilities, such as picnic tables, benches, interpretive centers and signs, viewing platforms and campsites, may be authorized within a designated critical area buffer, subject to the following minimum standards:

(a) Trail facilities shall, to the extent feasible, be placed on existing road grades, utility corridors, or any other previously disturbed areas;

(b) Trail facilities shall minimize the removal of trees, shrubs, snags and important forest and wildlife habitat;

(c) Viewing platforms, interpretive centers, campsites, picnic areas, benches and their associated access shall be designed and located to minimize disturbance of wildlife habitat and/or critical characteristics of the designated critical area;

(d) Trail facilities shall be located at least a distance equal to the width of the trail corridor away from the wetland edge, as established by the approved critical area boundary survey;

(e) All facilities shall be constructed with materials complementary to the surrounding environment; and

(f) Pedestrian trails in wetlands or buffers shall be limited to permeable surfaces no more than five feet in width. Trails should not be permitted in wetlands except for minor crossings that minimize impact. They should be located only in the outer 25 percent of a wetland buffer, and should be designed to avoid removal of significant trees. In most cases, wetland buffer widths should be increased to compensate for the loss due to the width of the trail.

(6) Utilities. When no other practical alternative exists, construction of utilities within a critical area buffer may be authorized, subject to the following minimum standards:

(a) Utility corridors shall be jointly used;

(b) Corridor construction and maintenance shall protect the designated critical area buffer, and shall be aligned to avoid cutting trees greater than six inches in diameter at breast height when possible;

(d) Utility corridors, including maintenance roads authorized by the city, shall be located at least a distance equal to the width of the utility corridor away from the critical area edge;

(e) Corridors shall be revegetated to preconstruction densities with appropriate native vegetation immediately upon completion of construction, or as soon thereafter as possible given seasonal growing constraints. The utility purveyor shall provide an assurance device or surety in accordance with this code that ensures such vegetation survives;

(f) Any additional corridor access for maintenance shall be provided as much as possible at specific points rather than by parallel roads. If parallel roads are necessary, they shall be no greater than 15 feet in width, and shall be contiguous to the location of the utility corridor on the side opposite the wetland; and

(g) Construction of sewer lines within a designated critical area or critical area buffer which are necessary to meet state and/or local health code requirements shall not adversely impact the function and quality of the designated critical area or buffer. (Ord. 563 § 1, 2019)