14.33.116 Performance standards | Lacey Municipal Code

14.33.116 Performance standards.

A. Alterations shall not degrade the functions and values of habitat. A habitat conservation area may be altered only if the proposed alteration of the habitat or the mitigation proposed does not degrade the quantitative functions and values of the habitat. All new structures and land alterations shall be prohibited from habitat conservation areas except in accordance with this title.

B. Non-indigenous species shall not be introduced. No plant, wildlife, or fish species not indigenous to the region shall be introduced into a habitat conservation area unless authorized by a state or federal permit or approval.

C. Mitigation shall result in contiguous corridors. Mitigation sites shall be located to achieve continuous wildlife corridors in accordance with a mitigation plan that is part of an approved critical area report, to minimize the isolating effects of development on habitat areas. Mitigation of aquatic habitat shall be located within the same aquatic ecosystem as the area disturbed.

D. Approvals of activities may be conditioned. The city shall condition approvals of activities allowed within or adjacent to a habitat conservation area or its buffers, as necessary to minimize or mitigate any potential adverse impacts. Conditions may include, but are not limited to, the following:

1. Establishment of buffer zones;

2. Preservation of critically important vegetation;

3. Limitation of access to the habitat area, including fencing to deter unauthorized access;

4. Seasonal restriction of construction activities;

5. Establishment of duration and timetable for periodic review of mitigation activities;

6. Implementation of management recommendations for the species of animal or habitat in literature published or recommended by the Department of Fish and Wildlife for priority species and habitat;

7. All other conditions and management recommendations based upon best available science that are deemed necessary to meet expectations of the Growth Management Act for protection of sensitive areas;

8. Requirement of a performance bond, to ensure completion and success of proposed mitigation.

E. Mitigation shall achieve equivalent or greater biological functions. Mitigation of alterations to habitat conservation areas shall achieve equivalent or greater biological functions and shall include mitigation for adverse impacts upstream or downstream of the development proposal site. Mitigation shall address each function affected by the alteration to achieve functional equivalency or improvement on a per function basis.

F. Approvals shall be supported by the best available science. Any approval of alterations or impacts to a habitat conservation area shall be supported by the best available science.

1. Establishment of Buffers. The city shall require the establishment of buffer areas for activities in, or adjacent to, habitat conservation areas when needed to protect habitat conservation areas. Buffers shall consist of an undisturbed area of native vegetation, or areas identified for restoration, established to protect the integrity, functions and values of the affected habitat. Required buffer widths shall reflect the sensitivity of the habitat and the type and intensity of human activity proposed to be conducted nearby, and shall be consistent with the management recommendations issued by the state Department of Fish and Wildlife.

2. Seasonal Restrictions. When a species is more susceptible to adverse impacts during specific periods of the year, seasonal restrictions may apply. Larger buffers may be required and activities may be further restricted during the specified season.

3. Habitat Buffer Averaging. The city may allow the recommended habitat area buffer to be reduced in accordance with the critical area report, the best available science, and the management recommendations issued by the Department of Fish and Wildlife, only if:

a. It will not reduce stream or habitat functions;

b. It will not adversely affect salmonid habitat;

c. It will provide natural resource protection, such as buffer enhancement;

d. The total area contained in the buffer area after averaging is no less than that which would be contained within the standard buffer;

e. The buffer area width is not reduced by more than fifty percent in any location; and

f. The buffer area width is not less than fifty feet.

1. Temporary Markers and Fencing for Construction Activity. The outer perimeter of the habitat conservation area or buffer and the limits of those areas to be disturbed pursuant to an approved permit or authorization shall be fenced, with temporary construction fencing, and marked in such a way as to ensure that no unauthorized intrusion will occur. These shall be maintained throughout construction, and shall not be removed until permanent fencing or signs, if required, are in place.

2. Permanent Signs. As a condition of any permit or authorization the city may require that the applicant install permanent signs along the boundary of a habitat conservation area or buffer.

Permanent signs shall be made of a metal face and attached to a metal post, or other material of equal durability. Signs must be posted at an interval of no less than one per lot or every fifty feet, whichever is less, and must be maintained by the property owner or homeowners association in perpetuity. The sign shall be worded as follows or with alternative wording approved by the city; “habitat conservation area - do not disturb - contact City of Lacey - regarding restrictions and uses.”

a. The city may condition any permit or authorization to require the applicant to install a permanent fence at the edge of the habitat conservation area or buffer, when fencing will prevent future impacts to the habitat conservation area.

b. The applicant shall be required to install a permanent fence around the habitat conservation area or buffer when domestic grazing animals are present or may be introduced on site.

c. Fencing installed as part of a proposed activity or as required in this section shall be designed as to not interfere with species migration, including fish runs, and shall be constructed in a manner that minimizes habitat impacts.

I. Subdivisions. The subdivision and short subdivision of land in fish and wildlife habitat conservation areas and associated buffers is subject to the following:

1. Land that is located wholly within a habitat conservation area and/or its buffer may not be subdivided.

2. Land that is located partially within a habitat conservation area and/or its buffer may be divided, provided an accessible and contiguous portion of each new lot is located outside of the habitat conservation area or its buffer, and meets other requirements of the city zoning code. Provided further, that clustering, smaller lots, and other techniques can be used to protect the conservation area while providing reasonable density opportunities for the land owner.

3. Access roads and utilities serving the proposed may be permitted within the habitat conservation area and associated buffers only if the city determines that no other feasible alternative exists and when consistent with this title. (Ord. 1505 §24, 2017; Ord. 1215 §27, 2003).