19.70.035 Critical areas review.
A. When Required. A proposal to modify any critical area and/or required buffer including, but not limited to, clearing, grading, draining, removal or alteration of vegetation, construction of structures, utilities and related infrastructure, must require a critical area permit unless it qualifies as an exemption, as provided in AMC 19.70.040. Except that, for within shoreline jurisdiction, administration of this chapter shall be through the Shoreline Master Program and appropriate shoreline permit administration process.
B. Best Management Practices. All activities, including those allowed without critical areas review, must be conducted using the best management practices appropriate for that activity that result in the least amount of impact to the critical areas. Best management practices must be used for tree and vegetation protection, construction management, erosion and sedimentation control, water quality protection, and regulation of chemical applications. The use of best management practices is required to ensure that the activity does not result in degradation to the critical area. Appropriate BMP sources include Ecology’s Construction Stormwater General Permit and NRCS Conservation Practices. Any incidental damage to, or alteration of, a critical area and/or buffer must be restored, rehabilitated, or replaced at the responsible party’s expense.
C. Modifications to Existing Nonconforming Structures and Uses. In these provisions the burden of proof is on the applicant to bring evidence in support of their position. Existing structures, activities, and uses that were established legally but do not meet the current critical area, buffer, or buffer setback requirements may continue in accordance with AMC 19.49, Nonconforming Uses and Structures, and may be modified as follows:
1. Routine maintenance and repairs;
2. Structural modifications or additions that do not intensify the nonconformity of the structure or increase the area of hardscape lying within the critical area or buffer. The Director may require an updated critical area report to confirm location of buffers and that the addition is located entirely outside the critical area or buffer;
3. Vertical additions above the ground floor that do not encroach further into the critical area or buffer beyond the existing exterior walls, except that critical areas review is required for additions in landslide hazard areas or buffers;
4. Restoration or replacement of a structure that is damaged by fire, natural disaster or other calamity when:
a. A complete application for reconstruction or replacement is submitted within one year of the damage; and
b. The restoration or replacement is made to conform to the current critical areas regulations, or if such regulations cannot be physically met without reducing the size of the building, the restoration or replacement may not intensify any nonconformity that existed prior to the damage;
c. Except that critical areas review is required for restoration and replacement in landslide hazard areas or buffers;
5. State Ferry Terminal. The existing developed footprint, except for infill between the toll booth area in the lowest parking lot, hillside walking paths, and a hillside side slope along the western side of the main terminal parking lot, and including all associated parking, at the Washington State Ferry terminal facility must not be increased. Redevelopment may occur within the existing footprint only, provided there is no net loss of ecological function and value in the adjacent buffer areas for Cannery Pond and Ship Harbor Interpretive Preserve wetlands.
D. Demolition. Demolition of structures located within critical areas or their buffers is permitted, excluding demolition of structures necessary to support or stabilize landslide hazard areas, and will be subject to approval of a stormwater pollution prevention plan consistent with the adopted stormwater management manual and clearing limits that will adequately protect the critical area. (Ord. 4025 § 2 (Att. A), 2022; Ord. 3064 § 2 (Att. A), 2021)