§ 24.25.220. Intensive uses.

Intensive uses on parcels containing fish and wildlife habitat conservation areas shall comply with the applicable requirements in this section.

A.

Types of Intensive Uses. For the purposes of this section, intensive uses include those uses that store or use hazardous materials, pesticides, or herbicides in quantities regulated by TCC 24.10.140, or would generate excessive nutrients, sediments, or pollutants that could reach the important habitat area or associated buffer or significantly alter the quantity or the timing of water reaching a stream, lake or pond such that the survival of native or anadromous fish would be jeopardized.

B.

Identify Risks. Applicants for new intensive uses on sites that contain streams, lakes, ponds or priority species conservation areas or abut marine waters, that have potential to degrade such habitat areas, as determined by the approval authority in consultation with the WDFW and others with expertise, shall submit information that identifies and evaluates the potential risks the proposed use poses for the habitat areas.

This shall include, as applicable, whether sediment, effluents, altered pH, the amount, timing, or duration of groundwater flows or altered surface hydrology, noise, or glare would be harmful to aquatic life, birds, or other wildlife.

C.

Protective Measures. The approval authority shall require measures to avoid, or if that is not possible, minimize, potential adverse impacts on the important habitat area and any associated buffer.

1.

The approval authority may require, as warranted, the use of BMPs for new and existing intensive uses. In addition, the approval authority may require applicants for new intensive uses to use integrated pest management; provide and maintain vegetative filter strips (up to fifty feet in width); install fencing; locate noisy activities away from the habitat area; require buildings on the site to be located or oriented where they would have the least impact on the habitat; or employ other mitigation measures that would be effective in preventing pollutants and sediment from reaching a water body, preventing damage to the important habitat area and avoiding adverse impacts on dependent wildlife, including maintaining stream flows and temperature necessary to sustain fish.

2.

If pollution or emissions from a type of proposed use (e.g., smoke stacks associated with asphalt plants, incinerators, or other industrial operations) have been demonstrated scientifically as causing damage to the important habitat or species, the approval authority may require use of BMPs and require that the use be located on the project site where the emissions would pose the least risk of polluting the important habitat area, consistent with best available science and protection of public health and safety.

D.

Expert Review. The approval authority may call upon experts, at the applicant's expense, as necessary to help evaluate information submitted by the applicant.

(Ord. No. 14773, § 3(Att. B), 7-24-2012)