Ordinance 3457-15 - Laserfiche WebLink

a. Distance for Habitats of Primary Association. i. Salmonids and steelhead. When development is proposed within the distances specified in Planning Director Interpretations (PDIs) No. 2011-1 and 2000-2, as revised, a habitat assessment shall be required. ii. Bald Eagles. When a development is proposed within eight hundred feet of an eagle nest, or within one-half mile of a nest if also within two hundred fifty feet of the shoreline, or within one-quarter mile of a communal roost, a habitat assessment meeting the requirements of this chapter shall be required. In addition to the requirements of this chapter, the habitat assessment shall address the criteria contained in WAC 232-12-292, the Washington State Bald Eagle Protection Rules. The director is authorized to promulgate an administrative rule identifying the required content for an integrated habitat assessment consistent with these requirements. iii. Other Species. If habitats of primary association are identified for other species, the director, after consulting with the Department of Fish and Wildlife, shall determine the appropriate distance from a designated fish and wildlife habitat conservation area which will require a habitat assessment or habitat management plan. b. Continuous Vegetative Corridors Linking Watersheds. If a development is proposed within an area that provides a continuous vegetative corridor linking watersheds, a habitat assessment is required. c. Significant Biological Areas. If a development is proposed within three hundred feet of a significant biological area, a habitat assessment is required. SECTION 7: Section 30 of Ordinance 1671-89, as amended (EMC 19.30) is hereby amended by the addition of the following subsection to be codified as 19.30.045: Biological Assessments Planning Director Interpretations (PDI) No. 2011-1 and 2000-2 require that a biological assessment be completed to determine the impacts of proposed development to endangered species and mitigation requirements. Unless a development proposal is exempted by PDI No. 2011-1, the biological assessment must be prepared consistent with the standards in the PDIs and approved by the planning director per Section 37.190. SECTION 8: Authority. In addition to the authority provided by Chapter 36.70A RCW, the City adopts the Critical Area and Floodplain amendments set forth in this Ordinance under its general land use authority, Washington State Constitution, Article XI, Section 11 and Chapter 35.63 RCW. SECTION 9: Pending actions. The enactment of this Ordinance shall not affect any case, proceeding, appeal or other matter currently pending before the City or in any court. SECTION 10: Severability. Should any section, paragraph, clause or phrase of this Ordinance or its application to any person or circumstance be declared unconstitutional or otherwise invalid for any reason, or should any portion of this Ordinance be pre-empted by state or federal law or regulations, this shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. 23