16.10.210 Performance standards | Electric City Municipal Code

16.10.210 Performance standards.

In addition to the general provisions of this chapter and the requirements of the underlying zone, the following minimum standards shall apply to development activities within and adjacent to wetland areas:

(1) Activities and uses shall be prohibited from wetlands or wetland buffers unless the applicant can show that the proposed activity will not degrade the functions and values of the wetland or other critical areas, or as otherwise provided in this chapter. The following Table 16.10.210(1) describes the level of impact expected from different land uses:

Table 16.10.210(1). Types of proposed land use that can result in high, moderate, and low levels of impacts to adjacent wetlands
Level of impact from proposed change in land use	Types of land use based on common zoning designations
High	• Commercial • Urban • Industrial • Institutional • Retail sales • Residential (more than 1 du/acre) • Conversion to high intensity agriculture (dairies, nurseries, greenhouses, growing and harvesting crops requiring annual tillage and raising and maintaining animals) • High intensity recreation (golf courses, ball fields, etc.) • Hobby farms
Moderate	• Residential (1 du/acre or less) • Moderate intensity open space (parks with biking, jogging, etc.) • Conversion to moderate intensity agriculture (orchards, hay fields, etc.) • Paved trails • Building of logging roads • Utility corridor or right-of-way shared by several utilities and including access/maintenance road
Low	• Forestry (cutting of trees only) • Low intensity open space (hiking, birdwatching, preservation of natural resources, etc.) • Unpaved trails • Utility corridor without a maintenance road and little or no vegetation management

(2) Buffer Widths. Buffer widths are to be determined through the combination of the functional score, generated by the wetland classification system described in the Electric City comprehensive plan, and the proposed land use intensity. Guidelines for establishing high, moderate, and low intensity land uses are provided in Table 16.10.210(1). The use of Table 16.10.210(1) along with the Electric City zoning code (ECMC Title 18) development and performance standards set forth in this chapter shall be used as to establish the land use intensity. The following standard buffer widths in Table 16.10.210(2) have been established in accordance with the Department of Ecology’s recommendations and are considered best available science to provide predictability in the regulation of wetlands:

Table 16.10.210(2).
(A) Category I
High intensity	250 feet
Medium intensity	190 feet
Low intensity	125 feet
(B) Category II
High intensity	200 feet
Medium intensity	150 feet
Low intensity	100 feet
(C) Category III
High intensity	150 feet
Medium intensity	110 feet
Low intensity	75 feet
(D) Category IV
High intensity	50 feet
Medium intensity	50 feet
Low intensity	25 feet

The buffer is vegetated with a native plant community appropriate for the ecoregion. If the existing buffer is unvegetated, sparsely vegetated, or vegetated with invasive species that do not perform needed functions, the buffer should either be planted to create the appropriate plant community or the buffer should be widened to ensure that adequate functions of the buffer are provided.

The standard buffer widths shall be applied unless the administrator determines through a scientifically supportable method that a greater or lesser buffer width would serve to protect the functions and values of a particular wetland. The standard buffer widths may not be reduced by more than 25 percent or to no less than 35 feet. Greater buffer widths, implementation of measures provided in Table 16.10.210(3) or rehabilitation of an inadequate plant community may be required where necessary to ensure development does not result in adverse impacts to wetlands.

Table 16.10.210(3).
Lights	• Direct lights away from wetlands
Noise	• Locate activity that generates noise away from wetland • If warranted, enhance existing buffer with native vegetation plantings adjacent to noise source • For activities that generate relatively continuous, potentially disruptive noise, such as certain heavy industry and mining, establish an additional 10-foot heavily vegetated buffer strip immediately adjacent to outer wetland buffer
Toxic runoff	• Route all new, untreated runoff away from wetland while ensuring wetland is not dewatered • Establish covenants limiting use of pesticides within 150 feet of wetland • Apply integrated pest management
Stormwater runoff	• Retrofit stormwater detention and treatment for roads and existing adjacent development • Prevent channelized flow from lawns that directly enter buffers • Use low intensity development (LID) techniques (for more information refer to drainage ordinance and manual)
Change in water regime	• Infiltrate or treat, detain, and disperse into buffer new runoff from impervious surfaces and new lawns
Pets and human disturbance	• Use privacy fencing or plant dense vegetation to delineate buffer edge and to discourage disturbance using vegetation appropriate for the ecoregion • Place wetlands and its buffer in a separate tract or protect with a conservation easement
Dust	• Use best management practices to control dust

(3) Measurement of Wetland Buffers. All buffers shall be measured from the wetland boundary as surveyed in the field. The width of the wetland buffer shall be determined according to the wetland category and the proposed land use. The same buffer widths and measurement criteria shall apply to any wetland created, restored, or enhanced as compensation for approved wetland alterations. Buffers shall be clearly marked on the ground.

(4) Wetland Buffer Width Averaging. The administrator may allow averaging of wetland buffer widths in accordance with an approved critical areas report if it is shown that no alternate configuration for site development exists based on topographical or lot dimensional constraints without averaging, provided the following conditions are met:

(a) The averaged buffer will not result in degradation of the wetland’s functions and values as demonstrated by a critical areas report from a qualified wetland professional;

(b) The wetland contains variations in sensitivity due to physical characteristics or the character of the buffer varies in slope, soils, or vegetation such that the wetland would benefit from a wider buffer in some areas and a narrower buffer in other places;

(c) The total area contained in the buffer area is no less than would have otherwise been applied under buffer widths in Tables 18.60.160(2) through (4); and

(d) The buffer at its narrowest point is never less than either three-fourths of the required width or 75 feet for Categories I and II, 50 feet for Category III and 25 feet for Category IV, whichever is greater.

(5) Where other critical areas coincide with wetlands, buffers shall be configured so as to protect aggregate functions and values. Particular consideration shall be given to habitat connectivity.

(6) Wetland buffer zones shall be retained in their natural condition. Where buffer disturbances are unavoidable during adjacent construction, revegetation with native plant materials will be required.

(7) Wetland alteration proposals shall be approved only if no alternative is available. When no alternative exists, wetlands replacement shall be used to mitigate impacts and shall be based on the functions and values of the particular wetland being impacted. Simplified ratios for wetlands replacement projects shall be as follows:

Table 16.10.210(4).
Category and Type of Wetland	Creation or Reestablishment	Rehabilitation	Enhancement
(A) Category I	6:1	12:1	24:1
(B) Category II	3:1	6:1	12:1
(C) Category III	2:1	4:1	8:1
(D) Category IV	1.5:1	3:1	6:1

(8) The following activities are allowed to occur in wetlands and wetland buffer zones subject to conditioning with appropriate best management practices to minimize impacts on the functions and values of wetlands:

(a) Outdoor recreational activities;

(b) Existing and ongoing agricultural activities (provided no additional area is added beyond demonstrable historic levels). New agricultural activities will be regulated under the Electric City CAO. Grant County has opted into the Voluntary Stewardship Program (VSP) pursuant to RCW 36.70A.700 through 36.70A.760. Any existing and ongoing agricultural activities in and around critical areas will be addressed through the county’s implementation of the VSP. Compliance with the VSP does not constitute compliance with other federal, state, and local regulations and permit requirements;

(9) All projects shall comply with the applicable federal, state and local regulations regarding the species.

(10) As determined through the site-specific study, mitigation measures shall be implemented that maintain the functions and values found in the particular wetland.

(11) As determined through the site-specific study, appropriate mitigation, management and monitoring plan(s) shall be developed and implemented, with any necessary surety to ensure compliance with such plan(s) being provided as described hereinabove. Mitigation plans shall be prepared using the Wetland Mitigation in Washington State, Part 1: Agency Policies and Guidance (Version 1, Ecology Publication #06-06-011a, March 2006) and Wetland Mitigation in Washington State, Part 2: Developing Mitigation Plans (Version 1, Ecology Publication #06-06-011b, March 2006).

(12) A use or structure established prior to the effective date of the ordinance codified in this chapter which does not conform to standards set forth herein is allowed to continue and be reasonably maintained; provided, that such activity or structure shall not be expanded or enlarged in any manner that increases the extent of its nonconformity. (Ord. 563 § 1, 2019; Ord. 367 § 2, 2005)