Critical Areas Ordinance Update – Draft Chapters Andrew Deffobis Cindy Wilson Thurston County Planning January 19, 2011
CAO Update – Status Work continues on draft ordinance, BAS report Some chapters ready for distribution Public Hearing on prairie ordinance renewal
Overview 24.01 General Provisions 24.50 Nonconforming Uses, Structures, Lots 24.55 Subdivision in Critical Areas 24.60 Critical Area Signs and Fencing 24.70 Surety Agreements 24.90 Emergency Authorization 24.91 Amendments 24.92 Enforcement, Violations and Penalties
24.01 General Provisions Introductory information for CAO, establishes overall purposes (e.g., minimize loss of life/property, maintain water quality, protect critical areas, implement GMA) Designates critical areas Interpretations – provides clarification on various issues (e.g., differences between mapping and field conditions; mapping and text) General requirements (e.g., avoid adverse impacts to critical areas, mitigate unavoidable impacts)
24.50 Nonconforming Uses, Structures and Lots Establishes provisions for development of existing uses, structures and lots affected by critical areas Generally allows the following: – alteration and maintenance within footprint – expansion of conforming portions, vertical expansion of nonconforming – rebuilding of destroyed structures; discretionary replacement
24.55 Subdivision in Critical Areas Establishes provisions for subdividing property containing critical areas Generally, lots entirely within most critical areas/buffers cannot be subdivided Lots partially within critical areas/buffers may be subdivided, subject to standards – Sufficient buildable area – Designed to minimize risks – Critical areas/buffers must be recorded on plat
24.60 Critical Area Signs and Fencing Establishes standards for signs/fencing required by CAO; discretionary signs/fencing Signs/fencing required to designate boundaries of certain critical areas/buffers Standards for discretionary fencing in wetlands/habitat areas
24.70 Surety Agreements Establishes financial surety requirements for improvements req’d by CAO Allows applicants to provide financial surety in lieu of completion of permit conditions Proposed amount is 125% cost of installation, incl. materials and labor Allows county to use surety to complete work if applicant fails to do so
24.90 Emergency Authorization Establishes standards for emergency actions in critical areas Allows emergency response to proceed prior to authorization (e.g., during declared/other emergencies) Emergency constituted by threat to human life, primary structures, utilities, environmental quality, habitat
24.91 Amendments Describes processes for amending CAO in future Text/map amendments may be initiated by BOCC, Planning Commission, Director (maps) Text amendments subject to Growth Management Public Participation (Chapter 2.05 TCC) Requires maps to be updated periodically by Director Notice of map amendment sent in writing to property owners Amendments must be consistent with GMA, Comp Plan and purposes of CAO
24.92 Enforcement, Violations, Penalties Establishes means to enforce CAO and prevent violations Establishes Director as enforcement officer Lays out actions that may be taken (e.g., stop work orders, restoration orders, civil infraction, restraining orders)
Next Steps Release remaining draft chapters, including: – Definitions – Administrative Procedures – Critical Area chapters (CARAs, Geo. Hazards, Frequently Flooded Areas, FWHCAs, Wetlands) – Special Reports – Critical Area Permit – Reasonable Use Exception Begin work sessions with Planning Commission
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