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Ordinance 24-116-CC
BOARD OF COUNTY COMMISSIONERS Grant County, Washington ORDINANCE RELATING TO AN AMENDMENT TO THE UNIFIED DEVELOPMENT CODE CHAPTERS ORDINANCE No. 24- (.. -CC I 24.08, CRITICAL AREAS AND CULTURAL RESOURCE LANDS; 25.02 DEFINITIONS, and 25.24, MITIGATION REQUIREMENTS AND IMPACT FEES WHEREAS, Adequate accommodations have been made for agencies, individuals and interest groups to be heard and the Planning Commission has thoroughly considered the testimony in the record and; ' WHEREAS, the proposed amendments are consistent with adopted Comprehensive Plan goals, objectives and policies, and do not create adverse impacts to offsite properties, and promote flexibility of property use, and; WHEREAS, the Board of County Commissioners have found that the proposal is consistent with the general purpose and intent of the Grant County Comprehensive Plan; and, WHEREAS, the Board of County Commissioners has found that, the UDC Amendment will serve the public use and interest, and; WHEREAS, Appropriate notice has been given to the Washington State Department of Commerce Growth Management Services in accordance with RCW 36.70A.106, and; WHEREAS, the proposed amendments are consistent with the applicable portions of RCW 36.70B, and; WHEREAS, the Planning Commission conducted a public hearing on October 2, 2024 and recommended to the Board of County Commissioners approval with modifications of the proposed code amendments, and; WHEREAS, the Board of County Commissioners held a pre -decision open record public hearing to consider the recommendation of the Planning Commission on November 12, 2024. WHEREAS, the Board of County Commissioners during an open record public hearing voted to deny the recommendation of the Planning Commission and approve the attached amendments without modifications. NOW, THEREFORE, BE IT HEREBY ORDAINED THAT the Grant County Board of Commissioners, ADOPT the attached amendments to GCC § 24.08, GCC § 25.02 and GCC § 25.24; and BE IT ALSO FURTHER ORDAINED that the effective time and date for these amendments shall be 5:00 p.m. on the date of BOCC signature. P24-0246 — Critical Areas & Cultural Resources Amendment Ordinance DATED this ���day of �\IDV , 2024. BOARD OF COUNTY COMMISSIONERS Yea Nay Abstain NT CO ASHINGTON ❑ ❑ 5 Cindy Cart �, Chair ATTEST: El F] F-1 -ev --� Danny E. Stone, Vice -Chair Barbara J. Vasquez /� :.�::> VO7 G Clerk of the Board L✓J ❑ ❑ R 0 %Jemf Member P24-0246 — Critical Areas & Cultural Resources Amendment Ordinance Chapter 24.08 CRITICAL AREAS AND CULTURAL RESOURCES Sections Pa e ArticleI. General Provisions................................................................................................................1 24.08.010 Authorization and Purpose 24.08.020 ........................................................... .................... Categorization of Critical Areas 24.08.030 ............................................................ ................. Applicability and Authorization Required 24.08.040 .......................................................................... • Relationship to Other Regulations 1 24.08.050 ....................................................................................... Jurisdictional Substitution and Coordination 2 24.08.060 .................................................. General Exemptions 24.08.070 ................................................................................ General Review Procedures 24.08.080 ................................................................ Resource Information and Maps 24.08.090 ........................................ ............................. ................ Critical Areas Assessments — General Requirements 24.08.100 ........................................................10 Variances........................................................................................................................... 10 24.08.110 Reasonable Use Exception 24.08.130 ............................................................................................. ••• Penalties and Enforcement 11 ArticleII. ................................................................................................12 General Mitigation Requirements 24.08.150 .....................................................................................12 General Mitigation Standards 24.08.160 ............................................................................................12 Mitigation 24.08.170 ..........................................................................................................................12 Buffers 24.08.180 ...................................................................................................................... .... Mitigation Security 164-5 24.08.190 ....................................................................................................... .164-5 Protection of Designated Critical Areas ................................................ ................... ArticleIII. Wetlands ...... ....................................................................................... ................................... 17�6 4.08.200 Identification and Designation — 24.08.210 .......................................................................................174-6 Maps and References 24.08.220 .....................................................................................................17-�6 Classification 24.08.230 .................................................................................................................184-7 Site Assessment Requirements 24.08.240 ......................................................................................18-P Alteration of Wetlands 24.08.250 .................................................................................................. .194-9 Protection Standards 24.08.260 ............................................................. ..................... Mitigation Article IV. ....................................................................................................... Fish and Wildlife Habitat Conservation Areas . 8.300 .........................................................2821 Identification and Designation 24.08.310 ....................................................................................... Maps and References 28N ..................................................................................................... 292-9 24.08.320 Site Assessment Requirements...................................................................................... 292-9 24.08.340 Protection Standards 24.08.350 ..................................................................................................... . Mitigation 3 0N 24.08.360 ..................................................................................................................... . Habitat Management Plan 344 ArticleV. ............................................................................................. Critical Aquifer Recharge Areas 3734 .08.400 ................................................................................... Identification and Designation 41J5 24.08.410 ......................................... Maps and References 24.08.420 ..................................................................................................... Site Assessment Requirements 41 3-5 24.08.430 ...................................................................................... Protection Standards 413 5 24.08.440 ...................................................................................................... Mitigation 42-36 ...................................................................................................................... 44-3-7 Chapter 24.08 i J-Hi°i2018-December 2024 nmPi7dn1Pnty Sections Pa e ArticleVI. Geologically Hazardous Areas....................................................................................443-8 4.08.500 Identification and Designation.......................................................................................443-9 24.08.510 Applicability 24.08.520 ................................................................................................................. . Maps and References 453-9 .................................................................................................... .45-.� 24.08.530 Site Assessment Requirements..................................................................................... 24.08.540 .453-9 Protection Standards ...................................................................................................... 474 24.08.550 Mitigation......................................................................................................................494-2 ArticleVII. Frequently Flooded Areas . 8.600 ...................................................................................0.....0.494-J Identification and Designation 24.08.610 .......................................................................................494 Maps and References .................................................................................................... . 494-3 24.08.620 Site Assessment Requirements..................................................................................... 24.08.630 .504-3 Protection Standards ...................................................................................................... 5044 ArticleVIII. Cultural Resources...................................................................................................5044 24.08.700 Identification and Designation....................................................................................... 5044 24.08.710 Maps and References ..................................................................................................... 5144 24.08.720 Site Assessment Requirements...................................................................................... 5145 24.08.730 Protection Standards ...................................................................................................... 5246 Chapter 24.08 ii Ame J04-SDeceniher 2024 �IY12Pf2l�Y wntc 24.08.130 Penalties and Enforcement (a) A person who violates the provisions of this Chapter or who fails to comply with any of its requirements shall be subject to the procedures and sanctions set forth in GCC § 25.16. Article II. General Mitigation Requirements 24.08.150 General Mitigation Standards (a) All proposed alterations to critical areas or associated buffers shall require mitigation sufficient to provide for and maintain the functions and values of the critical area or to prevent risk from a critical area hazard and shall give adequate consideration to the reasonable economically viable use of the property. Mitigation of one critical area impact should not result in unmitigated impacts to another critical area. Mitigation may include, but is not limited to: buffers, setbacks, limits on clearing and grading, best management practices for erosion control and maintenance of water quality, or other conditions appropriate to avoid or mitigate identified adverse impacts. Subject to the reasonable use exception provisions of GCC § 24.08.110, any proposed critical area alteration that cannot adequately mitigate its impacts to a critical area shall be denied. Any approval of mitigation to compensate for impacts on a critical area or its buffer shall be supported by the best available science. 24.08.160 Mitigation (a) Mitigation Sequencing. Includes avoiding, minimizing or compensating for adverse impacts to regulated critical areas or their buffers, unless part of a restoration plan for significantly degraded wetland or stream buffer. The preferred sequence of mitigation is defined below: (1) Avoid the impact altogether by not taking a certain action or parts of an action. Where impact on critical areas or their buffers will not be avoided, the applicant shall demonstrate that the impact meets the applicable mitigation requirements for granting an administratively approved alteration; (2) Minimize the impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts; (3) Rectify the impact by repairing, rehabilitating or restoring the affected environment to the conditions existing at the time of the initiation of the project or activity; (4) Reduce or eliminate the impact over time by preservation and maintenance operations during the life of the action; and (5) Compensate for the impact by replacing, enhancing, or providing substitute resources or environments. (6) Monitoring the impact and taking appropriate corrective measures. (b) Mitigation timing. Mitigation shall be completed immediately following disturbances and prior to use or occupancy of the activity or development, or when seasonally appropriate. Construction of mitigation projects shall be timed to reduce impacts on existing fisheries, wildlife, and water quality. (c) General mitigation requirements. This section provides general mitigation requirements applicable to alteration of critical areas. Additional specific mitigation requirements are found under the sections for the particular type of critical area. Chapter 24.08 12 'b f ne--2414December 2024 a!nion.dmon t.c (d) Restoration/rehabilitation is required when the critical area or its buffers will be temporarily altered during the construction of an approved development proposal. At a minimum, all impacted areas shall be restored to their previous condition pursuant to an approved mitigation plan. (e) Compensation. The goal of compensation is to offset loss of critical area and/or buffer functions on a development site. Compensation includes replacement or enhancement of the critical area or its buffer depending on the scope of the approved alteration and what is needed to maintain or improve the critical area and/or buffer functions. (1) The buffer for a created, restored, or enhanced critical area proposed as compensation for approved alterations shall be the same as the buffer required for the existing critical area. For the purposes of restoration, creation, or enhancement, buffers shall be fully vegetated and shall not include lawns, walkways, driveways, and other mowed or paved areas. (2) On -Site and In -Kind. Except as noted below or otherwise approved, all critical area impacts shall be compensated for through restoration or creation of replacement areas that are in -kind, on -site, and of similar or better critical area category. The preferred mitigation for impacts on Class IV wetlands shall be off -site and in -kind. Mitigation shall be timed prior to or concurrent with the approved alteration and shall have a high probability of success. (3) Off -Site and In -Kind. The Administrative Official may consider and approve off -site compensation where the applicant demonstrates that greater biological and hydrological functions and values will be achieved. The preferred location for off -site mitigation is areas within or adjoining designated fish and wildlife habitat corridors. The compensation may include restoration, creation, or enhancement of critical areas. The compensation ratios specified under the "on -site" compensation section for each critical area shall apply for off -site compensation as well. The Shoreline Administrative Official may request contractual linkage to the off -site parcel to ensure its availability and landowner willingness. (4) Mitigation Bank Program (Pertaining exclusively to shrubsteppe priority habitat impacts); the use of a Shrubsteppe Mitigation Bank established within Grant County and approved by the Administrative Official is an allowable form of compensatory mitigation A Shrubsteppe Mitigation Bank. is defined as a site where shrubsteppe habitat is preserved, enhanced or created for the express purpose of providing compensatory mitigation in advance of unavoidable impacts to shrubsteppe habitat resources A County approved Shrubsteppe Mitigation Bank provides the option of purchasing credits to offset the unavoidable impacts of a development project. The use of a Shrubsteppe Mitigation Bank for priority habitat impacts shall be consistent with the terms of the Mitigation Bank's approval documents (5) In -lieu Fee Program (pertaining exclusively to shrubsteppe priorily habitat impacts); The County will maintain an in -lieu fee ro ram that allows applicants to pay for future mitigation actions that will be implemented by the County, via permit specific developer agreements and in consultation with the Washington Department of Fish and Wildlife or any Technical Interdisciplinary Team participating in the review of the proposed development When County approved mitigation banks are established, unused accrued mitigation funds may be used to purchase bank credits. From the time mitigation banks are established and credits are available, it will be the Count 's referred option for mitigating impacts due to the avoidance of temporal loss associated with in -lieu fee programs. (A) (Minimum fee calculation) The in -lieu fee payment will be made up of a Land fee and an Administration and Long -Term Maintenance fee The Land fee will be sufficient to allow the County to purchase at least 2 acres of core shrubsteppe habitat for each acre of shrubsteppe impact, at the fair market land values in Grant Count provided by an approved land assessor at the time of the permit issuance The Administration and Long -Term Maintenance fee will equal 20% of the Land fee and Chapter 24.08 13 Ame 44QDeceniher 2024 amondnionty be used by the County to administer the program and maintain mitigation lands in the, f ihin- (B) The County may use the Land fee funds to purchase land for mitigation as long as at least 90% of the Land fee funds are applied to the direct purchase of core shrubsteppe habitat lands. These lands must have permanent protection of the habitat values via conservation easement held by a third party or deed restriction recorded on the title to the land with the County Auditor. The cost of establishing permanent protection for the acquired land may be funded from the Administrative and Maintenance fee. Liability for establishment of mitigation for an impact to shrubsteppe land is not satisfied until permanent protection is in place The County will develop and implement a monitoring and maintenance plan for shrubsteppe mitigation lands in advance of purchasing land for mitigation using the Administration and Maintenance fees. ( A7 The County may apply the Land fee and the Administration and Maintenance fee to the purchase of mitigation credits from a County approved mitigation bank if the original impact occurred in the service area of the Bank (D) The County must apply the in -lieu fee payments to shrubsteppe mitigation land acquisition either directly itself, via a County approved mitigation bank or in partnership with another County or State agency within 6 years of accepting in lieu fee, fiindz {3-}(aIncreased Replacement Ratios. The Administrative Official may increase the ratios under the following circumstances: (A) Uncertainty exists as to the probable success of the proposed restoration or creation due to an unproven methodology or proponent; or (B) A significant period will elapse between impact and replication of critical area functions; or (C) The impact was unauthorized. (4 aiDecreased Replacement Ratios. The Administrative Official may decrease the ratios required in the "on -site" ratios specified under the compensation section of each critical area when all the following criteria are met: (A) A minimum replacement ratio of 1:1 will be maintained; (B) Documentation by a qualified professional demonstrates that the proposed mitigation actions have a very high rate of success; (C) Documentation by a qualified professional demonstrates that the proposed mitigation actions will provide functions and values that are significantly greater than the critical area being impacted; and (D) The proposed mitigation actions are conducted in advance of the impact and have been shown to be successful. (f) Critical Area Enhancement as Mitigation. (1) Impacts on wetland and stream functions may be mitigated by enhancement of existing significantly degraded areas. Applicants proposing to use enhancement must produce a Critical Areas Assessment that identifies how enhancement will increase the functions of the degraded resource and how this increase will adequately mitigate for the loss of critical area and its function at the impact site. An enhancement proposal must also show whether existing critical area functions will be reduced by the enhancement actions. (g) Monitoring. (1) The county requires long-term monitoring of development proposals, unless otherwise accepted where alteration of critical areas or their buffers are approved. Such monitoring shall be an Chapter 24.08 14 Decen2her 2024 anzendnwnr� element of the required mitigation plan and shall document and track impacts of development on the functions and values of critical areas, and the success and failure of mitigation requirements. Monitoring may include, but is not limited to: (A) Establishing vegetation transects or plots to track changes in plant species composition over time; (B) Using aerial or other photography to evaluate vegetation community response; (C) Sampling surface and ground waters to determine pollutant loading; (D) Measuring base flow rates and stormwater runoff to model and evaluate water quantity predictions; (E) Measuring sedimentation rates; (F) Sampling fish and wildlife populations to determine habitat utilization, species abundance, and diversity; and (G) Sampling of water temperatures for wetlands and streams. (2) The county may require that a qualified professional, at the direction of the county and at the applicant's expense, monitor the development proposal site during construction and for a sufficient period of time after construction to ensure satisfactory mitigation of impacts on the critical area. The qualified professional shall monitor per the provisions outlined in the approved mitigation plan based on the conditions or restrictions imposed by the county and such administrative rules as the planning official shall prescribe. (3) Performance Bond. Prior to issuance of any permit or approval that authorizes site disturbance, the Administrative Official may require performance security as specified in Section 24.08.180, Mitigation Security. (h) Contingencies/adaptive management. When monitoring reveals a significant deviation from predicted impacts or a failure of mitigation measures, the applicant shall be responsible for appropriate corrective action. Contingency plans developed as part of the original mitigation plan shall apply, but may be modified to address a specific deviation or failure. Contingency plan measures shall be subject to the monitoring requirement to the same extent as the original mitigation measures. (i) All proposed mitigation shall be included in the Critical Area Assessment. Proposed mitigation shall include: (1) A description of specific proposed mitigation, including a delineation of critical areas lost and critical areas gained; (2) An analysis of avoidance, minimization, reduction, and compensation of impacts to protect ecological functions; (3) An analysis of how the proposed mitigation will maintain the critical area function and values; (4) A statement of any ongoing monitoring and/or inspection measures and schedule that may be required, including specification of method and frequency of submittal of reports on results to County; (5) A statement of any required critical area expertise necessary to install, monitor, or inspect the proposed mitigation; and (6) A listing of any other security required to ensure performance and/or maintenance of the proposed mitigation. (j) The Administrative Official shall make the final determination regarding required mitigation. Required mitigation shall be included in an approved mitigation plan. Chapter 24.08 15 Ame 2 44Decembey 2024 aniendmenty (r) Floodway-Dependent Structures. Floodway-dependent structures or installations may be permitted within streams or their buffers if allowed or approved by other ordinances or other agencies with jurisdiction. See Section 600, Frequently Flooded Areas, for more information (s) Trails. The criteria for alignment, construction, and maintenance of trails within wetlands and their buffers shall apply to trails within stream buffers. Outer buffer trails may not exceed 10 feet in width and may be constructed with impermeable surface materials if on -site infiltration is utilized. (t) Utilities. The criteria for alignment, construction, and maintenance within the wetland buffers and GCC 24.12.450, Utilities, shall apply to utility corridors within stream buffers. In addition, corridors shall not be aligned parallel with any stream channel unless the corridor is outside the buffer, and crossings shall be minimized. Installation shall be accomplished by boring beneath the scour depth and hyporheic zone of the waterbody where feasible. Crossings shall be contained within the existing footprint of an existing or new road or utility crossing where possible. Otherwise, crossings shall be at an angle greater than 60 degrees to the centerline of the channel. The criteria for stream crossings shall also apply. (u) Native vegetation landscaping schemes that do not require application of herbicides, pesticides, or fertilizer to maintain robust growth. (v) No net effective impervious surfaces may be created in the outer buffer area, beyond what is otherwise permitted. (w) No structures or related improvements including buildings or decks, shall be permitted within the stream buffer except as otherwise allowed in GCC 24.12.510, General Provisions or in the critical areas code. 24.08.350 Mitigation (a) Mitigation shall be required for loss of area or function and value of fish and wildlife habitat regulated under this subsection. The applicant shall mitigate to protect ecological functions. Mitigation actions by an applicant or property owner shall occur in the preferred sequence specified in GCC § 24.08.160. If it is determined by the Administrative Official that a proposed development will likely have a significant adverse impact on a HCA, the applicant shall prepare and implement a Habitat Management Plan in accordance with GCC § 24.08.360. Where impacts cannot be avoided, the applicant shall seek to implement other appropriate mitigation actions in compliance with the intent, standards, and criteria of this Chapter. In an individual case, these actions may include consideration of alternative site plans and layouts and reductions in the density or scope of the proposed development. (c) General Provisions. As a condition of any permit or other approval allowing alteration which results in the loss or, degradation of a HCA, or as an enforcement action pursuant to GCC § 25 16, miti ation shall be required to offset impacts resulting from the actions of the applicant or any violator of the GCC. The following shall apply to all mitigation: (1) Mitigation shall be accomplished through the purchase of Mitigation Banking Credits, payment into a County in -lieu fee program or through Permitee Responsible Mitigation. 2) Compensation shall be completed prior to, or concurrently with, HCA alteration, or, in the case of an enforcement action, prior to further development of the site; Chapter 24.08 34 Aiiie 2018Decemher 2024 am.of1dIZ1 onty (3) Permitee Responsible Mitigation shall follow an approved Mitigation Plan pursuant to GCC 24.08.350(c)(2) and reflect the ratios specified in Table 5 below; 4 Permitee Responsible Miti ation shall be "in -kind" and be either "on -site" or "off -site" dependent on HCA connectivity at the impact site and practicability; (5) Mitigation must be conducted on property that will be protected through a conservation easement or perpetual deed restriction and be managed to avoid further development or degradation. The applicant shall provide for long-term preservation of the mitigation area; and (6) The applicant shall demonstrate sufficient scientific expertise, supervisory capability, and financial resources, including bonding in accordance with GCC § 24 08 180, to carry out the project. The I applicant shall demonstrate sufficient capability for monitoring the site and making corrections if the project fails to meet projected `oats (d) Mitigation for lost or diminished fish and wildlife habitat shall rely on the approaches listed below- (1) Use of a Mitigation Bank. Credits from a habitat mitigation bank certified by Grant County may be used to compensate for impacts located within the service area specified in the mitigation bank instrument if all the following are met: (A) The County administrator determines that it would provide appropriate compensation for the proposed impacts; and (B) The proposed use of credits is consistent with the terns and conditions of the mitigation bank instrument. (C) Mitigation ratios are consistent with ratios specified in the mitigation banking instrument (2) In -lieu Fee Program. The County will maintain an in -lieu fee program that allows applicants to pay for future mitigation actions that will be implemented by the County, via permit specific developer agreement and in consultation with the Washington Department of Fish and Wildlife or any Technical Interdisciplinary Team participating in the review of the proposed development. when County approved mitigation banks are established, unused accrued mitigation funds may be used to purchase bank credits From the time mitigation banks are established and credits are available, it will be the County's preferred option for mitigating impacts due to the avoidance of temporal loss associated with in -lieu fee programs. (A) (Minimum fee calculation) The in -lieu fee payment will be made up of a Land fee and an Administration and Long -Term Maintenance fee The Land fee will be sufficient to allow the County to purchase at least 2 acres of core shrubsteppe habitat for each acre of shrubsteppe impact, at the fair market land values in Grant County, provided by an approved land assessor at the time of the permit issuance The Administration and Long - Term Maintenance fee will equal 20% of the Land fee and be used by the County to administer the program and maintain mitigation lands in the future (B) The County may use the Land fee funds to purchase land for mitigation as long as at least 90% of the Land fee funds are applied to the direct purchase of core shrubsteppe habitat lands. These lands must have permanent protection of the habitat values via conservation easement held by a third party or deed restriction recorded on the title to the land with the County Auditor. The cost of establishing permanent protection for the acquired land may be funded from the Administrative and Maintenance fee Liability for establishment of mitigation for an impact to shnubsteppe land is not satisfied until permanentprotection is in place. The County will develop and implement a monitoring and maintenance plan for shrubsteppe mitigation lands in advance of purchasing land for mitigation using the Administration and Maintenance fees. (C) The County may apply the Land fee and the Administration and Maintenance fee to the purchase of mitigation credits from a County approved mitigation bank if the on final impact occurred in the service area of the Bank (D) The County must apply the in -lieu fee payments to shrubsteppe mitigation land acquisition Chapter 24.08 35 Ame 20-18Deceniber 2014 anzendnienty either directly itself, via a Countyapproved mitigation bank or in partnership with another County or State agency within 6 years of accepting in -lieu fee fiends (3) Permittee-responsible mitigation. Permittee-responsible mitigation is a form of mitigation implemented at the same time permitted impacts are occurring The permittee is responsible for implementation and success of the compensation Concurrent mitigation may occur at the site of the permitted impacts or at an off -site location, located within Grant County. Permittee responsible mitigation shall be used only if the applicant's qualified habitat professional demonstrates to the County Administrator's satisfaction that the proposed approach is ecologically preferable to use of a mitigation bank, consistent with the criteria in this Section (e) The standard mitigation ratios set forth in Table 5 may be increased or decreased by the Administrative Official on a case -by -case, site -specific basis The determination shall be based on best available science and on site -specific and project -related conditions as described in the approved Mitigation Plan. In making such determination, the Administrative Official shall consider the fi..inctions and values of, and the variety of habitats provided by the proposed mitigation and the impact site and may solicit comments and recommendations provided by the Washington Department of Fish and Wildlife, and any Technical Interdisciplinary Team participating in review for the proposed development. (f) Timing: Consti-iiction of mitigation projects shall be timed to reduce impacts to existing wildlife and plants. Construction shall be timed to assure that grading and soil movement occurs during those periods determined by the Administrative Official to be most advantageous to the needs of the species resent. Chapter 24.08 36 Aiie 20-14December 2024 amendments Table 5. Permitee Responsible Mitigation Ratios for HCA Shrubsteppe Habitat Impacts Shrubsteppe acres impacted Mitigation Ratios are Dependent on Location and Shrubsteppe Classification Required mitigation area : impact area) Mitigations Actions = Preservation with Enhancement or Re-establishment Shrubsteppe Classification Core GOA Corridor Shrubsteppe or other habitat (outside of core, GOA, and corridors) Core 2:1 2:1 3:1 4:1 Growth Opportunity Area (GOA) 2:1 2:1 2:1 3:1 Corridor 2:1 2:1 2:1 2:1 Shrubsteppe or other habitat (outside of core, GOA, and corridors 2:1 2:1 2:1 2:1 Mitigations Actions = Preservation Only Shrubsteppe Classification Core GOA Corridor Shrubsteppe or other habitat (outside of core, GOA, and corridors) Core 2:1 3:1 4:1 6:1 GOA 2:1 2:1 3:1 4:1 Corridor 2:1 2:1 2:1 3:1 Shrubsteppe or other habitat (outside of core, GOA, and corridors 2:1 2:1 2:1 24.08.360 Habitat Management Plan (a) Any Habitat Management Plan required under this Chapter shall be prepared by a Qualified Biological Professional and shall identify how the impacts of the proposed development, land use or activity will be mitigated. (b) The following items at a minimum are required as part of a Habitat Management Plan: (1) Description of project or activity, including a detailed narrative describing the project or activity, its relationship to the wetland and its potential impact to the wetland; and (2) Any proposed mitigation, including a discussion of how the project has been designed to avoid and minimize adverse impacts to wetlands, as well as the necessary monitoring and contingency actions for the continued maintenance of the wetland and its associated buffer. Chapter 24.08 37 Aiiie 2 December 2024 aniondnipnty (3) A site map prepared at a scale no smaller than one inch = 200 feet showing: (A) Project location; (B) The relationship of the site to surrounding topographic and cultural features; (C) The width and length of all existing and proposed structures, utilities, roads, easements, and landscape features; (D) Wastewater and stormwater management facilities; (E) The name and location of all watercourses, ponds, and other bodies of water. (4) A report which includes, but is not limited to: (A) A description of the nature, density and intensity of the proposed development or land use change in sufficient detail to allow analysis of the impact of such land use change on the habitat; (B) An analysis of the effect of the proposed development, activity, or land use change on the designated HCA; (C) A discussion of any federal, state, or local management recommendations which have been developed for the area; (D) A plan for the mitigation of any adverse impacts to designated HCAs, including a discussion of the following mitigation alternatives as they relate to the proposal: (i) Avoiding the impact altogether by not taking a certain action or parts of an action; (ii) Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts; (iii) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment; (iv) Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; (E) A detailed discussion of ongoing management and monitoring practices which will protect the HCA after the project site has been fully developed, including proposed monitoring, contingency, maintenance and surety programs; and (F) An evaluation by the Washington State Department of Fish and Wildlife or a Qualified Biological Professional regarding the effectiveness of any proposed mitigating measures or programs, including recommendations as appropriate. (c) In making such determination, the Administrative Official may solicit and may consider comments and recommendations provided by the Washington Departments of Ecology, and Fish and Wildlife, and any Technical Interdisciplinary Team participating in review for the proposed development. Possible mitigation measures 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 HCA; (4) Seasonal restriction of construction activities; and (5) Establishment of a timetable for periodic review of the Habitat Management Plan and performance or maintenance security pursuant to GCC § 24.08.180. (d) Pertaining exclusively to Shrubsteppe Habitat impacts - Where compensatory mitigation is required pursuant to GCC 24.08.340, the applicant shall prepare and include a Mitigation Plan within the Habitat Management Plan for the protect or activity. The Mitigation Plan shall follow the general requirements described herein below. The following items at a minimum are required as part of a mitigation plan for: (1) Mitigation at a Mitigation Bank (e.g. Shrubsteppe Mitigation Bank) Chapter 24.08 38 Ame 20-14December 2024 anzendments (A) Description of project or activity, including a detailed narrative describing the proiect or activity, its relationship to the HCA and its potential impact to the HCAi and (B) Any proposed mitigation, including a discussion of how the project has been designed to avoid and minimize adverse impacts to the HCA (1) A report which includes, but is not limited to: (ii) Location maps; (iii) A site map prepared at a scale no smaller than one inch = 200 feet indicating the boundaries of the identified HCA; the width and length of all existing.and proposed structures, utilities, roads, easements; wastewater and stormwater management facilities; adjacent land uses, zoning districts, and comprehensive plan designations; (iv) A description of the HCA, on the overall project site, and adjacent to the site; (v) A discussion of any federal, state, or local management recommendations which have been developed for the area; (vi) A discussion of the followinR mitigation alternatives as they relate to the proposal: Avoiding the impact altogether by not taking a certain action or parts of an action; • Minimizing impacts by limiting, the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts; • Rectifying the impact by repairing, rehabilitating, or restoring the affected environment; • Compensating for the impact through mitigation banking; (vii) Total impact amounts and number of mitigation credit required to offset the project's impacts using mitigation ratios in line with those set forth in the selected mitigation bank's certification documents -or- (2) Mitigation through a County In -lieu Fee Program (A) Description of project or activity, including a detailed narrative describing the project or activity, its relationship to the HCA and its potential impact to the HCA; and ,LB') Any proposed mitigation, including a discussion of how the project has been designed to avoid and minimize adverse impacts to the HCA (i) A report which includes, but is not limited to: (ii) Location maps; (iii) A site map prepared at a scale no smaller than one inch = 200 feet indicating the boundaries of the identified HCA; the width and length of all existing_ and proposed structures, utilities, roads, easements; wastewater and stormwater management facilities; adjacent land uses, zoning districts, and comprehensive plan designations; (iv) A description of the HCA, on the overall project site, and adjacent to the site; (v) A discussion of any federal, state, or local management recommendations which have been developed for the area; (vi) A discussion of the foll.o.w,ing mitigation alternatives as they relate to the proposal: • Avoiding the impact altogether by not taking a certain action or parts of an action; Chapter 24.08 39 Ame 2914December 2024 amendments • Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts; • Rectifying the impact by repairing, rehabilitating, or restoring the affected environment; • Consideration of mitigation options (availability of mitigation bank credits or suitable permittee responsible mitigation prof ects) and compensating for the impact through the County in -lieu fee program; (yli) Total impact amounts and the calculation of mitigation fees required to offset the impact through the County in -lieu fee program, via a developer agreement, consistent with the requirements in GCC 24 08.350(d)(2)(A) -or- (3) Permittee Responsible Mitigation onsite or offsite) A Descri tion of project or activity,including a detailed narrative describiniz the Proiect or activity, its relationship to the HCA and its potential impact to the HCA; and B) Any proposed mitigation, including a discussion of how the project has been designed to avoid and minimize adverse impacts to HCA, as well as the necessary permanent mitigation site protection mechanisms (i.e. conservation easement or deed restriction), monitoring and contingency actions for the continued maintenance and long-term protection of the mitigation site (1) A report which includes, but is not limited to: C11 ) Location maps; (Lii) A site map prepared at a scale no smaller than one inch = 200 feet indicating the boundaries of the identified HCA; the width and length of all existing and proposed structures, utilities, roads, easements; wastewater and stormwater management facilities; adjacent land uses, zoning districts, and comprehensive plan designations; (iv) A description of the HCA, on the overall project site, and adjacent to the site; (v) A discussion of any federal, state, or local management recommendations which have been developed for the area; (vi) A discussion of the following mitigation alternatives as they relate to the proposal: • Avoiding the impact altogether by not taking a certain action or parts of an action; • Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts; • Rectifying the impact b, repairing, rehabilitating, or restoring the affected environment; • Compensating for the impact by replacing, enhancin , or providing substitute resources or environments; (yii) Monitoring is required for at least five years or more, from the date of mitigation implementation, depending on the restoration actions proposed and as determined by the County, in consultation with the Washington Department of Fish and Wildlife. Monitoring does not have to occur each year but the expected timin , e. , years 1, 3 and 5) should be described; and (viii) Total impact amounts, proposed mitigation ratios in line with Table 5 above, and a discussion of the functions and values provided by the mitigation site and proposed restoration actions that will adequately compensate for impacts Chapter 24.08 40 Aine 2044December 2024 amendnionty in the HCA. Proposed mitigation ratios less that the standard ratios shall include full justification thereof and be approved by the County ndminictrntnr Article V. Critical Aquifer Recharge Areas 24.08.400 Identification and Designation (a) Critical aquifer recharge areas are defined as those areas having a critical recharging effect on aquifer use for potable water in community systems. Critical aquifer recharge areas are classified and designated as follows: (1) Those areas designated as "Wellhead Protection Areas" pursuant to WAC 246-290-13 5(4) and the groundwater contribution area in WAC 246-291-100 (2)(e). Wellhead protection areas shall, for the purpose of this regulation, include the identified recharge areas associated with either Group A public water supply wells and those Group B wells with a wellhead protection plan filed with the Grant County Health District; and (2) Any land identified in the Soil Survey of Grant County as having high potential for aquifer recharge, as determined by the Administrative Official. 24.08.410 Maps and References (a) In addition to the Critical Areas Checklist prepared by the applicant and any site reconnaissance conducted by the Department, the Administrative Official shall use the following maps and references to assist in making a Preliminary Determination pursuant to GCC § 24.08.070: (1) Wellhead Protection Plans on file with the Grant County Health District; and (2) Soil Survey of Grant County, Washington by the United States Department of Agriculture, Soil Conservation Service. 24.08.420 Site Assessment Requirements (a) The Administrative Official shall conduct a Preliminary Assessment pursuant to GCC § 24.08.070 using maps and references identified in GCC § 24.08.410. If necessary, the Administrative Official may consult with the Washington State Department of Ecology and the Grant County Health District. (b) If the Administrative Official has reason to believe that an aquifer recharge area may exist within 100 feet of a proposed development activity, the proposed development shall be subject to the protection standards and mitigation requirements pursuant to this Chapter. (c) If it is determined that an aquifer recharge area exists, a site assessment report shall be submitted to the Department by the applicant when a non-residential development proposal activity pursuant to GCC § 24.08.430(d) is proposed on a parcel within an aquifer recharge area. Only a site assessment report prepared by the Washington State Department of Ecology, the Grant County Health District or a Qualified Hydrogeological Professional who has been approved by the Department of Community Development shall be accepted. For those areas designated as Wellhead Protection Areas, the applicant may substitute excerpts from the Wellhead Protection Plan filed with the Grant County Health District for the site assessment report, if approved by the Administrative Official. (d) The site assessment report shall include the following information: Chapter 24.08 41 Aiiie 2{4Deceniher 2024 aii pndmionty (4) Slopes that are parallel or sub -parallel to planes of weakness (such as bedding planes, joint systems, and fault planes) in subsurface materials; (5) Slopes having gradients greater than eighty percent (80%) subject to rockfall during seismic shaking; (6) Areas potentially unstable as a result of rapid stream incision and streambank erosion; (7) Areas located in a canyon or on an active alluvial fan, presently or potentially subject to inundation by debris flows or catastrophic flooding; and (8) Any area with a slope of forty percent (40%) or steeper and with a vertical relief of ten (10) or more feet except areas composed of solid rock. A slope is delineated by establishing its toe and top and measured by averaging the inclination over at least ten (10) feet of vertical relief. (d) Mine Hazard Areas: Those areas that fall within or 100 horizontal feet of a mine opening at the surface or an area designated as a mine hazard area by the Washington State Department of Natural Resources; (e) Seismic Hazard Areas: Those areas subject to severe risk of damage as a result of earthquake -induced ground shaking, slope failure, settlement, soil liquefaction or surface faulting, including (1) Areas described in GCC § 24.08.500(b) and (c) or having a potential for soil liquefaction and soil strength loss during ground shaking; and (2) Areas located on a Holocene fault line identified by USGS investigative maps and studies. 24.08.510 Applicability (a) The provisions of GCC § 24.08.500 shall apply to building, grading, land use and development permits or approvals. seetion. 1. . s •, 1 & t 24.08.520 Maps and References (a) In addition to the Critical Areas Checklist prepared by the applicant and any site reconnaissance conducted by the Department, the Administrative Official shall use the following maps and references to assist in making a Preliminary Determination pursuant to GCC § 24.08.070: (1) United States Department of Agriculture, Soil Conservation Service Soil Survey of Grant County Maps and Tables; (2) All of Grant County lies within a Seismic Risk Zone 2(b), as shown on the Uniform Building Code Seismic Risk Zone Map of the United States; and (3) United States Geological Survey topographic and geologic maps. 24.08.530 Site Assessment Requirements (a) The Administrative Official shall conduct a Preliminary Assessment pursuant to GCC § 24.08.070 using maps and references identified in GCC § 24.08.520. If necessary, the Administrative Official may consult with the Washington State Department of Natural Resources, the USDA Natural Resources Conservation Service, and the Grant County Building Official. The Administrative Official shall: Chapter 24.08 45 Aii-December 2024 aniendnientr 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Chapter 25.02 DEFINITIONS Sections pie 25.02.010 Scope.......................................................................................................................................1 25.02.020 Rules For Construction of Language......................................................................................1 25.02.030 Definitions...............................................................................................................................1 A.............................................................................................................................................. l B............................................................................................................................................ 87 C.......................................................................................................................................... .119 D........................................................................................................................................17�4 E......................................................................................................................................... 20P F......................................................................................................................................... 22-14 G........................................................................................................................................ 262q H........................................................................................................................................ 27 I.......................................................................................................................................... 29;)4 J.............................................................................................................................................. 27 K............................................................................................................................................ 27 L........................................................................................................................................ 31, M........................................................................................................................................ 33,;�4 N........................................................................................................................................37P? O............................................................................................................................................34 P............................................................................................................................................. 36 Q....................................................................................................................................... 4544 R............................................................................................................................................ 42 S......................................................................................................................................... 504-5 T............................................................................................................................................. 51 U........................................................................................................................................585-3 V........................................................................................................................................ 60 W........................................................................................................................................... 55 X..................................................... ...................... ............................................................ 2-5,56 Y................................................................................................................................... .. .. . 6256 Z......................................................................................................................................... 62-.45-7 Chapter 25.02 levem bei-2December 2024 amendments 1 Abandon: to terminate or remove a structure by an affirmative act, such as changing to a new use; or to 2 cease, terminate, or vacate a use or structure through nonaction. 3 AccessoryStructure: a structure detached from a principal building 4 p p b d g located on the same lot and which is 5 incidental and secondary to the principal building. 6 Acre: a unit of measure of land area, which consists of 43,560 square feet. 7 Adaptive Manacrement Activities: actions taken to correct an deficiencies on a mitigation ay �atlon site in order 9 for the site to attain the required performance standards or mitigation plan goals The adaptive 10 management activities shall be identified by the mitigation bank sponsor, in lieu fee prop -ram sponsor or 11 permit applicant that is responsible for individual mitigation actions 12 13 14 15 16 17 18 19 20 Adequate: acceptable but not excessive. Adult Entertainment: Adult Fntertainnietit Uses include but are limited to the adult uses defined herein. Adult Use adult bathhouse. A sauna which. excludes minors by reason of aare, or which provides a steaiii bath or heat bathim), room. used for th.e purpose of bathing, relaxation. ©r re:duczng, using steam or hot air as a cleaninj, relaxlna, or red�cy agent, if the service provided bv the saLina is di sti myLli shed or Characterized by an ens oasis cliff s �eeified sexual ciCtlyitl ;ti or specified ecified anatomical areas as defined herein. 21 _Wult Use, ad i, ` bal st. A ni ,.,:1� # b� est oral car ���1ar e� ab ,,L -ens `_ at r��� 22 --- - -- - -- - .�.- .�u l arl .0 features lire purf(. n-natiCS that ate; charae:itfizcd by the t,-AL) �,ure of : ock.'Ificd anatomical- areas or 23bv specified setLi�l] siCti�,-iti��c�i)i'1111R. i1�t�titl;l llit�til�"�S. `���lr�n CacCi'fitf'�; SI��IE'C Oi' other 24 -' _ _ _ — _ _ _ _ _ r photo�ra hiC rc _ a _c 25 _... _ _ 26 Adult Use, adult yictm-e heater. An enclosed buitdiil((I used fc.rimresentinc, mater.al 27 distill.ouished or characterized by an emphasis on matter depicting, describing, or relatfna to 28 speci t-1Ld sexual activities or spccif ed anatomical areas 29 Adult Use, adult store. Any remises from yvhich minors are excluded and in which the retail 30 gale of books magazines, films, devices, novelties lotions hotogyni hic or NN-'ritten 31 reproduCtions is conducted as a principal use, of the ,premises.- or as an adjunct to some other 32 business activity, but wlIich constALItes the- pr imp or a maor attraction to the premises. 33 34 Administrative Official: the duly appointed Director or his/her designated representative of the 35 jurisdictional department of Grant County, including the Director of Community Development, the Fire 36 Marshal/ Building Official, or the County Engineer. 37 Adverse: Contrary to one's interest or welfare; harmful or unfavorable circumstances. 38 39 Adverse Impacts: a condition that creates, imposes, aggravates, or leads to inadequate, impractical, 40 unsafe, or unhealthy conditions on a site proposed for development or on off -site property or facilities. 41 Aerospace: related to the design, construction, launch, retrieval, and operation of aircraft and spacecraft, 42 including, but not limited to, space shuttles, satellites, rocket engines, and associated electronic guidance, 43 navigation, and safety systems. 44 45 Aerospace Area: an area designated for aerospace industry. 46 Aerospace Overlay Zone: an overlay district that governs use of land adjoining an Aerospace Area and 47 protects public safety in the area. 48 49 Agency with Jurisdiction: any agency with authority to approve, deny, or condition all or part of any 50 project permit application as defined by this UDC. Chapter 25.02 2 e vembe_- .. 22December 2024 amendments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 property tax assessment purposes only. Automobile Fuel Station: any building, land area, or other premises used for the retail dispensing or sales of vehicular fuels. Automobile Service and Repair Facility: any building, land area, -or other premises used for the retail dispensing or sales of vehicular fuels and other petroleum products and the service or repair of automobiles and the incidental sales of motor vehicle accessories. Available Capacity: capacity in a Concurrency Facility or Service that is available for use without requiring facility construction, expansion or modification or will be available at project occupancy as a result of a Committed Improvement. Available Credits: Mitigation credit that has been released by the County and/or other regulatory agency after a bank attains the performance standards specified in the mitigation banking instrument Available Public Facilities: facilities or services that are in place or that a financial commitment is in place to provide the facilities or services within a specified time. In the case of transportation, the specified time is six years from the time of development. Average Day -Night Sound Level: as defined by the most current American National Standards Institute definition. Avigation Easement: easement granted for the free and unobstructed use and passage of aircraft over, across, and through the airspace of an airport or in the vicinity of the property. Chapter 25.02 7 X-evemer- 202zzDecembey 2024 amendments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 B Bank Sponsor or Sponsor: any public or private entity responsible for establishing and, in most circumstances, operating a mitigation bank. Base Flood: a flood having a 1 percent chance of being equaled or exceeded in any given year. Base Flood Elevation (BFE): elevation of the Base Flood in relation to the National Geodetic Vertical Datum of 1929. Also known as mean sea level (other Datum where specified). Basement: means any area of a building or structure having a floor that is subgrade, or below ground level, on all sides. Basin Plan: a plan and all implementing regulations and procedures including, but not limited to, land use management adopted by ordinance for managing surface and stormwater quality and quantity management facilities and drainage features within individual sub -basins. Battery Charging Station: an electrical component assembly or cluster or component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, code, and regulations set forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540. Battery Electric Vehicle (BEV): a battery electric vehicle is a type of electric vehicle (EV) that uses chemical energy stored in rechargeable battery packs. As with other vehicles, BEVs use electric motors and motor controllers instead of internal combustion engines (ICEs) for propulsion. Sometimes, all - electric vehicles are referred to as BEVs (although a plug-in hybrid electric vehicle (PHEV) is also a battery electric vehicle. Battery Exchange Station: a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive land and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceed any standards, codes and regulations set forth by chapter 19.27 RCW and consistent with the rules adopted under 19.27.540. Bed and Breakfast Inn: a hospitality commercial use containing four to five guest rooms or lodging units without cooking facilities, which provides overnight accommodation and breakfast meals in an owner- or proprietor -occupied existing single-family residence, including additional legal structures that may include facilities for banquets, weddings and similar small parties. Bed and Breakfast Residence: a hospitality commercial use containing one to three guest rooms without cooking facilities, which provides overnight accommodation and breakfast meals in an owner- or proprietor -occupied existing single-family residence. Best Available Science: information gathered, analyzed and presented based on scientific principles and practices including peer review, use of scientific methodology, logical analysis and reasonable inference, statistical analysis, rigorous referencing within the scientific literature, and conclusions drawn from within an accepted scientific framework. Best Management Practices (BMPs): systems of practices, schedules of activities, prohibitions, maintenance procedures, and management measures that prevent or minimize adverse impacts to the environment. When used in the context of agricultural activities, BMPs refers to Agricultural BMPs as defined herein. Best Management Practices (BMPs), Agricultural: systems of practices, schedules of activities, prohibitions, maintenance procedures, and management measures that prevent or minimize adverse impacts to the environment. Such practices may be subject to varying conditions which include, but are not limited to geographical location, weather, soil or mineral types and conditions, type of crop or Chapter 25.02 8 e enibe,p 202?December 2024 amendments rT�v�rr c-�-T,�-r-r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 license holders or by one wireless license holder for more than one type of communications technology and/or placement of a WCF or CCF on a structure owned or operated by a utility or other public entity. Commercial Communication Facility (CCF): communication facilities, including support structures, dishes, or antennas established for the sending or receiving of signals, intended for commercial or governmental use, except those facilities defined as Wireless Communication Facilities as defined herein and pursuant to GCC § 23.08.450. Commercial Use: a land use activity which is associated with the sale and purchase of goods and services. Includes businesses involved in: the sale, lease, or rent of new or used products to the consumer public; the provision of personal services to the consumer public; the provisions of leisure services in the form of food or drink and passive or active entertainment; or the provision of product repair or servicing of consumer goods. Commercial Sign: any object, device, display or structure that is used for attracting attention to any commercial use, product, service, or activity. Committed Improvement: a legally binding commitment that a specific amount of capacity will be added to a Concurrency Facility or Service by a specific date. Common Area: any area contained within the boundaries of a proposed land division or within a multi- family residential development and owned by the lot owners as tenants -in -common, joint tenancy, or through an association or non-profit association, and provided specifically for the common use of the residents. Communication Towers: towers, dishes, or antennas established for the sending or receiving of signals. Community On -Site Sewage Systems: a sewage system used to serve multi -family residential complexes or groups of individual residences. Compatible: capable of existing together without discord or in a state of mutual tolerance. Compensatory Mitigation: the result of restoration, creation, enhancement, or the preservation of regulated critical areas or priority habitats for the purpose of compensating for unavoidable iMpacts to those habitats and/or species that remain after all appropriate and practical avoidance and minimization efforts have been achieved. Comprehensive Drainage Plan: a detailed analysis, adopted by the Board, for a drainage basin which assesses the capabilities and needs for runoff accommodation due to various combinations of development, land use, structural and nonstructural management alternatives. The plan recommends the form, location, and extent of stormwater quantity and quality control measures that would satisfy legal constraints, water quality standards, and community standards, and identifies the institutional and funding requirements for plan implementation. Comprehensive Plan: the Grant County Comprehensive Plan adopted by Grant County pursuant to the Growth Management Act and all of its goals, objectives, policies, documents, and maps. Comprehensive Plan Amendment: an amendment or change to the text or maps of the Comprehensive Plan. Concurrency: a decision that a proposed land development will not cause the level of service on a Concurrency Facility and Service to decline below adopted levels of service standards taking into account the available capacity, the capacity used by the proposed development, the capacity tentatively reserved by other pending development permit applications, the capacity reserved in Certificates of Capacity issued to projects that are not yet built, the capacity to be used by other growth estimated to occur, the capacity to be added by Committed Improvements that will be in place at the time the capacity is needed by the proposed development, and, in the case of Transportation Concurrency, the capacity to be added by Chapter 25.02 13 "Tov-'m b;- 202:�Decenibey 2024 amendments I Funded Projects. 2 3 Concurrency Facilities and Services: the facilities and services for which Concurrency Review is 4 required in accordance with the provisions of GCC Chapter 25.20 this UDC. All of the Concurrency 5 Facilities and Services other than County Roads are referred to as Non -Transportation Concurrency 5 Facilities and Services. 7 Concurrency Facility and Service Providers: the County department or other governmental entity 8 responsible for providing the applicable service or facility to a development project subject to 9 Concurrency Review under this UDC. All of the Concurrency Facility and Service Providers providing 10 facilities and services other than County Roads are referred to as Non -Transportation Concurrency 11 Facilities and Services Providers. 12 Concurrenc Determination: a Concurrency Determination for Roads or a n 13 Y Y Concurrency Determination 14 for Non -Transportation Facilities and Services 15 Concurrency Determination for Transportation: a determination made by the County Engineer that 16 compares an applicant's impact on County Roads to the capacity of the County Roads, taking into 17 account available and planned capacity and any mitigation measures proposed by the applicant. 18 Concurrency Determination for Non -Transportation Facilities and Services: a determination on made 19 by the Non -Transportation Facility Provider which compares an applicant's impact on that provider's 20 facilities to the capacity of such facilities, takinginto account available facility capacity y p y and any 21 22 mitigation measures proposed by the applicant. 23 Conditional Use: a permitted use, but which use, because of characteristics of the exact location with 24 reference to surroundings, streets, and existing improvements or demands upon public facilities, requires a 25 special degree of control to make such use consistent and compatible with other existing or permitted uses in 26 the same zone or zones, and to assure that such use shall not be harmful to the public interest. Subject to the 27 performance and use -specific standards and development standards set forth in GCC Chapters 23.08 and 28 23.12, respectively. Identified in Tables 3, 4 and 5 in GCC Chapter 23.04 by the symbol "C" and which 29 requires a Conditional Use Permit. 30 Conditional Use Permit: a permit issued by Grant Count stating that the land uses and activities meet all 31 Y g criteria set forth in GCC Chapters 23.04, 23.08 and 23.12 and other local ordinances, and all conditions of 32 approval in accordance with the procedural requirements of GCC Chapter 25.08. 33 p 34 Condominium: the division of a building or land pursuant to the Horizontal Property Regimes Act, RCW 35 64.23, or the Condominium Act, RCW 64.34 36 37 Condominium Operation: a project contairli1l or designed to contain structures or other improvements for residential, coininei-cial, office, business. indtistrial, or other uses pennitt�:d in the zoning district M. 38 NN;liich it is loctited and in which each co-m ner owns exclusive rights to a volume of space within a 39 strtlCU11V or striicttlres that aay_be constYiucted as a condominium unit. 40 41 Conservancy Environment, Shorelines: a shoreline environment designation that is applied to areas that 42 are largely free of intensive development. 43 Conset1servation Easement: 44 � 45 , 46 OhMA Vvrouid 4R.11SAFate the VuEpose of the easement as -a eons pz:4tjp,�� anon ossesso interest in real property, recorded on the tit 47 p ry P p y, le, imposing limitations or affirmative obligations, the purposes of which include retaining or protecting various 48 habitat types for specific ecological functions, natural scenic or open space values of real property; 49 assuring its availability for mitigation, agricultural, forest, recreational, . or open space use 50 Chapter 25.02 14 evemb ;- 202:�Deceinber 20424 amendments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 WO dBA: the sound pressure level in decibels measured using the "A" weighting network on a sound level meter. Date of Decision: the date on which a final decision or determination occurs and is transmitted to parties of record and from which the appeal period is calculated. Day Care - Type 1: the following definitions apply to day care facilities for twelve (12) or fewer children: (1) Child Care Facility: A family day-care home (RCW 35.63.170). (2) Family Day Care Home: A person regularly providing care during part of the twenty-four (24) hour day to six (6) or fewer children in the family abode of the person or persons under whose direct care the children are placed (RCW 35.63.170). Day Care -Type 2: the following definitions apply to day-care facilities for seven or more children: (1) Day Care Center: A person or agency that provides care for thirteen (13) or more children during part of the twenty-four (24) hour day (RCW 74.15.020). (2) Family Day Care Provider: A licensed day care provider who regularly provides day care for not more than twelve (12) children in the provider's home in the family living quarters (RCW 74.15.020). (3) Mini Day Care Center: A person or agency providing care during part of the twenty-four (24) hour day to twelve (12) or fewer children in a facility other than the family abode of the person or persons under whose direct care the children are placed, or for the care of seven (7) through twelve (12) children in the family abode of such person or persons (RCW 35.63.170). Dead-end Street: A street having only one outlet for vehicular traffic. Debited Mitigation Credit: 1. An available credit that has been withdrawn from a mitigation bank and transferred to an applicant's permit to meet rejZulatory requirements 2 Reserved credit that has been purchased to be used to meet a future or pending regulatory requirement Decision Maker: means the person or body that is authorized by this UDC to render the final decision on a project permit application as specified by project permit procedure type in GCC 25.04 Table 2. Dedicate: to set aside a piece of real property, a structure, or a facility for public or private use or ownership. Dedication: the deliberate appropriation of land by an owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner filing an application for final subdivision approval showing the intended dedication, and the acceptance shall be evidenced by the approval of said application for recording. Deed Restriction: A restriction on the use of a lot, parcel, or area of land that is set forth in the deed and recorded with the County. It is binding in perpetuity on subsequent owners and is sometimes known as a restrictive covenant. Defendant: a person named in a Notice of Infraction. Degrade: to scale down in desirability or salability, to impair in respect to some physical property or to reduce in structure or function, in terms of Grant County standards and environment. Delineation: the precise determination of wetland boundaries in the field according to the application of Chapter 25.02 17 "enber 2December 20 24 amendments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 age or older) are confined and fed or maintained for a period of 90 days or more in any 12-month period, and in which crops, vegetation, forage growth or post harvest residues are not sustained in the normal growing season. Feedlot, Farm Oriented: a confined area or structures, pen, or corral where livestock are fed for the purpose of eventual sale. It is farm oriented if feed is supplied by the operator's adjacent agriculture land to the greatest extent practicable. Fence: that which is constructed or composed of materials joined together in some definite manner in which the prime purpose is to separate, partition, enclose or screen. Festival Site: An indoor and/or outdoor site used for musical, cultural, or social events. Site and/or festival may be permanent or temporary. Filing: see "Recording." Filling: deposition of earth materials by any purposive means. Final Concurrency Decision: a decision made by the Decision Maker that there is or is not concurrency. Final Decision: the final decision by the Administrative Official, Hearing Examiner, or Board of County Commissioners. Final Plat: the final drawing of a subdivision and dedication prepared for recording with the County Auditor by a licensed surveyor containing all elements and requirements set forth in GCC § 22.04.420 and RCW 5 8.17. Financial Assurance: the money or other form of financial instrument (e surety bonds, irrevocable letter of credit, trust funds, escrow accounts, proof of stable revenue sources for public agencies) required of the sponsor to ensure that the functions of the mitigation project are achieved and maintained over the long term. Financially Constrained Project: transportation improvement project for which a financial commitment is in place to complete the improvements, TDM, or TSM strategies within six (6) years of the date the Final Concurrency Decision is to be made. Each year, projects are to be designated as `financially constrained' or `funded' by the Board of County Commissioners at the time of adoption of the Six -Year Transportation Improvement Program (STIP). Fire Flow: the amount of water volume needed to provide fire suppression. Adequate fire flows are based on industry standards, typically measured in gallons per minute (gpm). Continuous fire flow volumes and pressures are necessary to ensure public safety. The fire flow volume shall be in addition to the requirements of the water system for domestic demand. Fish and Wildlife Habitat Conservation Areas: are: (1) Areas within which State and Federal endangered and threatened species exist, or State sensitive, candidate and monitor species have a primary association; (2) Priority Habitat and Species Areas identified by the Washington State Department of Fish and Wildlife; (3) Habitats and species of local and regional importance that have been designated by the County at the time of application. (4) Naturally occurring ponds under twenty (20) acres and their submerged aquatic beds that provide fish or wildlife habitat. These do not include ponds deliberately designed and created from dry sites such as canals, detention facilities, wastewater treatment facilities, farm ponds, temporary construction ponds of less than three (3) years' duration and landscape amenities. Naturally Chapter 25.02 24 Aleve mbep 023-December 2024 amendments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 occurring ponds may include those artificial ponds intentionally created from dry areas in order to mitigate conversion of ponds, if permitted by a regulatory authority; (5) Waters of the state as defined by WAC 222-16; (6) Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity; (7) Areas with which anadromous fish species have a primary association; and Flea Market: is an occasional or periodic market usually held in an open area, but which may be held indoors, where an individual or groups of individual sellers offer goods for sale to the public. A key element to flea markets is that there are no long-term leases between sellers and operators and that often the sellers use their own vehicles or set up temporary tables or booths for their wares. Flood or "Flooding": the temporary inundation of normally dry land areas from the overflow of inland or tidal waters or from the unusual and rapid accumulation or runoff of surface waters. Flood, Base: a flood having a one (1) percent chance of being equaled or exceeded in any given year. Flood Elevation, Base (BFE): elevation of the Base Flood in relation to the National Geodetic Vertical Datum of 1929. Also known as mean sea level (other Datum where specified). Flood Hazard Area, Special: an area subject to a Base Flood. Flood Insurance Rate Map (FIRM): the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to Grant County. Flood Insurance Study: the official report provided by the Federal Insurance Administration that includes flood profiles, the flood boundary floodway map, and the water surface elevation of the base flood. Flood Protection Elevation: one (1) foot above the base flood elevation. Floodplain: that area of land adjoining a body of water that has been or may be covered by floodwater Floodplain Management: a long-term local government program to reduce flood damages to life and property and to minimize public expenses due to floods through a comprehensive system of planning, development regulations, building standards, structural works, and monitoring and warning systems. Floodway: the channel of a river or other watercourse and the adjacent land areas through which the base flood is discharged. Floodways identified on flood boundary and floodway maps (FBFM) become "regulatory floodways" within which encroachment of obstructions are prohibited. Floor Area: the area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts and courts. The floor area of a building or portion thereof not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. Frequently Flooded Areas: those floodways and associated floodplains designated by the Federal Emergency Management Agency (FEMA) flood hazard classifications as delineated on the most current available Flood Insurance Rate Maps for Grant County, or as subsequently revised by FEMA, as being within the 100-year flood plain, or those floodways and associated floodplains delineated by a comprehensive flood hazard management plan adopted by Grant County Board of Commissioners, as being within the 100-year floodplain or having experienced historic flooding. For the purpose of this ordinance, in case of conflict between FEMA flood hazard maps and the comprehensive flood hazard management plan designations, the more restrictive designation shall apply. Function Assessment: an evaluation of the degree to which an ecosystem is performing, or is capable of Chapter 25.02 25 Aleyem per 2$23-December 2024 amendments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 performing, specific ecosystem functions and processes. Function assessments include the use of scientifically based quantitative and qualitative methods developed for assessing functions, as well as the use of best professional judgment. Functional Classification (FC): is the grouping of highways, roads, and streets that serve similar functions into distinct systems or classes. Functional Classification defines the primary role a road or street serves within the total existing or future highway network. Functional Values: means those functions performed by a critical area or buffer which are highly beneficial to the maintenance of the aquatic system and surrounding environment. As used in this UDC, "functional values" for wetlands, streams and buffers are limited to the following elements: (1) Streams: Fish and wildlife habitat, water quality maintenance, water supply and water conveyance. (2) Wetlands: Fish and wildlife habitat, water quality maintenance, pollution assimilation, shore stabilization, sediment retention, runoff and floodwater storage and conveyance, runoff control, stream base -flow maintenance, and groundwater discharge/recharge. (3) Buffers: Fish and wildlife habitat, runoff absorption, pollution assimilation, streambank stabilization, sediment entrapment, water quality maintenance including shading for maintenance of temperature, noise and visual screening, upland flood protection, recreation, and provision of nutrients and woody debris for streams. Functionally Classified System: all County roads classified as a Rural Minor Collector, Urban Collector, or higher. (Local access roads are the only roads that are not functionally classified.) G Geologically Hazardous Areas: areas that, because of their susceptibility to erosion, sliding, earthquake, or other geologic events, are not suited to the siting of commercial, residential, or industrial development consistent with public health or safety concerns. Geologically Hazardous Areas include Erosion Hazards, Landslide Hazards, Mine Hazards, and Seismic Hazards, as defined herein and specified in GCC § 24.08. Geologist: a person having specific relevant expertise who has received a degree in geology from an accredited college or university, or a person who has equivalent educational training and substantial demonstrated experience as a practicing geologist. Grade: existing or natural ground elevation prior to development or final ground elevation after completion of approved filling or grading activity. Grade, Adjacent: The average height of existing grade adjacent to a building. Grade, Existing: the elevation of the ground or site prior to any work being done or any changes being made to the ground or site. With respect to a building or structure, grade is the lowest point of elevation of the finished surface of the ground, paving, or sidewalk, within the area between the building and the property line or, when the property line is more than five (5) feet from the building, between the building and a line five (5) feet from the building. Grade, Finished: the final elevation of the ground level after development. Grading: stripping, cutting, filling, or stockpiling land including the land in its cut or filled condition to create new grade. Grant County Code (GCC): the various titles, chapters and sections adopted by the Board of County Commissioners, including this Uniform Development Code. Chapter 25.02 26 `j�nbei2023-December 2024 amendments I months of age or older) and their young, whether the hogs are all or only part of the farming operation. Sale 2 of hogs is not essential for the operation to be classified as a hog ranch. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Home Occupation: a small-scale commercial activity on residential parcels, subordinate to the primary residential use, conducted in whole or in part in either the resident's single-family dwelling unit or in an accessory building, and conducted by one or more residents of a single-family residence and not more than two (2) additional employees not residing at the residence. Subject to the performance and use - specific standards set forth in GCC § 23.08.210. Homeowners' Association: An incorporated, non-profit organization operating under recorded land agreements through which (1) each lot owner is automatically a member; (2) each lot is automatically subject to a charge for a proportionate share of the expenses for the organizations' activities, such as maintaining common property; and (3) a charge, if unpaid, becomes a lien against the property. Hospice Care Facility: an establishment that provides palliative care provided to terminally ill persons in a place of temporary or permanent residence that alleviates physical symptoms, including pain, as well as alleviates the emotional and spiritual discomfort associated with dying. Hospital: a building designed and used for medical and surgical diagnosis, treatment, and housing of persons, which may include overnight stay. Rest homes, nursing homes, convalescent homes and clinics are not included. Hospitality Commercial Establishments: restaurants, bed and breakfast inns, bed and breakfast residences, and transient lodging establishments and associated guest facilities available for short-term accommodation for a period not to exceed thirty (30) days. Hydrogeology: the study of subsurface waters, their origin, occurrence, movement and quality. I Illegal Use: any use of land or a structure which is inconsistent with current codes or was inconsistent with previous codes in effect when the use or structure was established. An illegal use is different than a "nonconforming use". Illicit Discharge: all non-stormwater discharges to stormwater drainage systems that cause or contribute to a violation of state water quality, sediment quality, or groundwater quality standards including, but not limited to, sanitary sewer connections, industrial process water, interior floor drains, and gray water systems. Impervious Surface: a hard surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. Impervious surface shall also include a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include but are not limited to roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads with compacted subgrade, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces. Impoundment: a natural topographic depression, man-made excavation, or diked area, which is designed for livestock watering, irrigation, recreation, wildlife habitat, fish rearing, or property enhancement. Impoundments do not include stormwater management ponds. Improvements: Structures, roads, and other developments of land. In Lieu Fee Program: a program involving the restoration, establishment, enhancement, and/or preservation of critical areas and habitat through funds paid to a governmental or non-profit natural Chapter 25.02 29 Xev er 2023-December 2024 amendments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 resources management entity to satisfy compensatory mitigation requirements for authorized, unavoidable impacts to similar resources off site. An in lieu fee program sells compensatory mitigation credits to applicants whose obligation to provide compensatoKy mitigation is then transferred to the in lieu fee program sponsor. The operation and use of an in lieu fee program is governed by an in lieu fee program instrument approved by the County. Incidental: subordinate to, minor in significance, and bearing a reasonable relationship with the primary use Individual Road Concurrency: concurrency based on traditional A through F LOS rankings related to specific County Road segments and to County road intersections using the Highway Capacity Manual. Indoor Recreation & Entertainment Facilities: structures and places designed and equipped for indoor leisure -time activities, including, but not limited to, physical fitness clubs, skating rinks, bowling alleys, sports courts, theaters, and dramatic, operatic, musical or other performance, for which admission is charged. Industrial Development: facilities for the processing, manufacture, or storage of finished or partially finished goods. Industrial Use: activities predominantly associated with manufacturing, assembly, processing, or storage of products. Infraction case: a proceeding initiated in a court of limited jurisdiction pursuant to GCC Chapter 25.16 that authorizes offenses to be punished as infractions. Infrastructure: existing installed facilities and services including capital facilities such as water supply, sewage disposal, and storm drainage systems, and transportation facilities such as public roads. Innocent Purchaser for Value: a purchaser, not a donee, heir or devisee, that acts in good faith to purchase property for valuable consideration without actual or constructive notice that the land was illegally subdivided. Institutional Facilities or Development: structures and related activity areas used by organizations providing educational, social, or non-commercial recreational services to the community, including performance halls, government service offices, fairgrounds, facilities for assembly, colleges, primary and secondary schools, museum, and libraries. Instrument or Mitigation Banking Instrument: the documentation of agency and sponsor concurrence on the objectives and administration of the mitigation bank. The mitigation banking instrument describes in detail the physical and legal characteristics of the bank, including the service area, and how the bank will be established and operated in perpetuity Intensity: a measure of land use activity based on density, use, mass, size and impact. Intensive: highly concentrated, very large, or considerable, in terms of Grant County standards and development. Interagency Review Team or "IRT": an interagency group of regulators and stakeholders comprised of local, state or federal regulatory staff, resource agency staff, conservation districts, tribal stakeholders or local biologists who participate in the review of mitigation bank or in lieu fee program proposals Interlocal agreement: any agreement between the County and a district or city which sets forth certain terms relating to the planning, zoning, and regulation of development and other issues within an urban growth area. Interpretive Center: building(s) or site dedicated to public education about local or area ecology, natural history, human history, or other similar subjects. An interpretive center may include a small store, cafeteria, and auditorium, but does not include overnight stays. Chapter 25.02 30 `r�vembe2023-December 2024 amendments I Mineral Resource Lands: lands containing mineral deposits, both active and inactive, that have a known 2 or potential long-term commercial significance for the extraction of minerals and which are in close, 3 economic proximity to locations where the deposits are likely to be used. 4 5 Mineral Resource Land Protection Provisions: provisions intended to enhance and encourage mineral 6 resource land operations by recognizing mineral extraction activities as essential rural activities that do 7 not constitute a nuisance (see GCC § 23.04.080). 8 Mini Storage Facility: a single -story structure or structures containing separate, individual, and private 9 storage spaces of varying sizes leased or rented individually for varying periods of time for the storage of 10 customers' goods or wares. 11 Mining: the removal of naturallyoccurring metallic and nonmetallic minerals and other related m 12 g materials 13 from, on and beneath the earth's surface. Normally, such removal is for commercial and construction 14 purposes. Mining in general includes deep pit, open pit, or surface mining, quarrying, and placer or 15 hydraulic mining. 16 Mining, Surface or Open -pit: involves either the removal of surface material (overburden) to enable the 17 underlying mineral resources to be exposed and extracted (quarried) or the direct extraction of naturally 18 occurring surface minerals and materials such as rock, sand, gravel and aggregate. Removal of sand from 19 river bars is considered a surface mining activity. 20 Mining Operations: all mine -related activities, including: 21 g 22 (1) the mining or extraction of rock, stone, gravel, sand, earth, and other minerals; 23 2 blasting,equipment maintenance sorting, crushing, and loading; 24 ()� g� g� g� 25 (3) on -site mineral processing including asphalt or concrete batching, asphalt or concrete recycling, 26 and other aggregate recycling; 27 (4) transporting minerals to and from the mine, on site road maintenance, road maintenance for roads 28 used extensively for surface mining activities, traffic safety, and traffic control. 29 30 Minor Revision: a minor adjustment to a preliminary plat based upon the comments received from agencies 31 with jurisdiction or corrections to the engineering of the layout of the plat. The decision as to whether any 32 modification to a complete application is a "minor revision" shall be determined by the Administrative 33 Official. 34 Mitigation: the process of or measures prescribed and implemented for avoiding, reducing, or 35 compensating for the environmental impact(s) of a proposed activity or use, including, but not limited to, 36 restoration, creation, or enhancement (See WAC 197-11-768). 37 38 Mitigation Bank: a project that preserves, enhances, restores, or creates wetlands, streams, or habitat 39 conservation areas that offsets, or compensates for, expected adverse impacts to similar nearby 40 ecosystems under the terms of a regulatory approval process mean YF^rewrly ao�T�l�poa ��»o��;,,,, of asapllVblllU u 1 V Vl1 \.i.V Y V1V 41 >of est Wished 42 43 _rA:44inrc4Ad 1m �r 1 vill ut.rjrl v-� 44 • • • na! k V a A % A A A a �A a A ,'tufn including the r-r-laption > > 45 46 47 48 srtc%ftL p_ mom 49 50 Mitigation Credit: a unit of trade representing the increase in the ecological value at a mitigation bank Chapter 25.02 35 le em be - 202 ?December• 20 24 amendments site, as measured b.y acreage, functions, or by some other assessment method. 2 Mitigation, In -kind: to replace critical areas critical area buffers or regulated priority 3 g � p � g p tY habitat--(�-� or the functions and values with substitute critical areas or 4 priority habitat re.^. 5 whose characteristics closely approximate those destroyed or degraded by a regulated activity. 6 Mitigation, Off -Site: to replace critical areas, critical area buffers, or regulated priority habitat or their 7 functions or values away from the site on which the critical area, orcritical area buffer or priority habitat 8 has been adversely impacted by a regulated activity. 9 Mitigation, On -site: to replace critical areas critical area buffers or regulated priority habitat at or within 10 p � p y 11 200 feet of the site on which critical areas, critical area buffers or regulated priority habitat has been 12 impacted by a regulated activity. 13 Mitigation, Out -of -kind: to replace a critical area, critical area buffers or regulated priority habitat (e.g. 14 wetland or shrLibsteppe) with a substitute critical area, critical area buffers or regulated priority habitat (e.g. 15 wetland or shrubsteppe) whose characteristics do not closely approximate those destroyed or degraded by a 16 regulated activity. 17 Mitigation Plan: a detailed plan indicating actions necessaryto mitigate adverse impacts to critical areas 18 g p or regulated priority habitat and/or species. 19 20 Mitigation Project: a project designed to offset or replace adverse impacts to critical areas, critical area 21 buffers or regulated priority habitats via the use of a Mitigation Bank, in lieu fee program, or through a 22 permittee responsible mitigation. project. 23 Mitigation Se uencin : sequentially avoidingimpacts, minimizing impacts, and compensating for 24 remaining unavoidable impacts to critical areas, critical area buffers or regulated priority habitat or 25 species. 26 27 Mixed -Use: mixed -use buildings, typically with residential units above or beside a story of two of 28 commercial spaces. The mixed -use district allows for a mixture of residential housing types and densities; 29 commercial, office, and institutional uses, parks and recreation uses; and public uses. 30 Mobile Home: a factory -built dwelling built prior to June 15, 1976, which does not meet applicable 31 requirements of the U.S. Department of Housing and Urban Development Manufactured Home Construction 32 and Safety Standards Act; designed to be transportable in one or more sections; and built on a permanent 33 chassis. Mobile homes do not include modular homes, manufactured homes, factory -built housing, 34 commercial coach, recreational vehicle or motor homes. 35 36 Mobile/Manufactured Home Park: any real property: 37 (1) which is rented or held out for rent to others for the placement of two (2) or more mobile homes, 38 manufactured homes, park model trailers, or park model recreational vehicles for the primary 39 purpose of production of income, except where such real property is rented out or held out for 40 rent for seasonal recreational purpose only and is not intended for year-round occupancy; 41 42 (2) consisting of common areas and two (2) or more lots held out for placement of mobile homes, 43 manufactured homes, park model trailers, or park model recreational vehicles in which both the 44 individual lots and the common areas are owned by an association of shareholders which leases 45 or otherwise extends the right to occupy individual lots to its own members; or 46 (3) whether it is called a subdivision, condominium, or planned unit development, consisting of 47 common areas and two (2) or more lots held for placement of mobile homes, manufactured 48 homes, park model trailers, or park model recreational vehicles in which there is private 49 ownership of the individual lots and common, undivided ownership of the common areas by 50 owners of the individual lots. Chapter 25.02 36 Xqvemer 20 z December 20 24 amendments I Open Space Taxation Program, Current Use: includes properties utilized for agriculture, timber, and 2 open space uses as provided RCW 84.34. 3 4 Operational Life of a Mitigation Bank: the period during which the terms and conditions of a mitigation banking instrument are in effect. With the exception of arrangements for the long-term 5 5 management, permanent protection, and financial assurances, the operational life of a mitigation bank 7 terminates at the point when: 8 1. Available credits have been exhausted and the bank is determined to be functionally mature and self- 9 sustaining to the degree specified in the instrument; or 10 2 The sponsor voluntarily terminates the banking activi1y with the concurrence of the IRT. 11 12 Operator: any person who is in actual physical or electronic control of a powered watercraft, motor 13 vehicle, aircraft, off highway vehicle, or any other engine driven vehicle. 14 Ordinary High Water Mark (OHWM): the mark on the shores of all water which will be found by Y 1examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from 17 that of the abutting upland, in respect to vegetation; provided that, in an area where the ordinary hi h- 18 p Y Y g water mark cannot be found, the ordinary high-water mark adjoining saltwater shall be the line of mean 19 highest high tide and the ordinary high-water mark adjoining freshwater shall be the line of mean hi h- 20 � g g water. (WAC 173-22-030) 21 22 Outdoor Advertising: all publicly displayed messages such as signs, billboards, placards, pennants or 23 posters, whose purpose is to provide official and commercial information, direction and advertising. 24 Outdoor Commercial Amusement Facilities: those facilities of a permanent nature involvingassembly 25 assemY of people, such as drive-in theaters, race tracks, rodeos, waterparks and swimming pools, miniature golf 26 courses, zoos, and other similar uses. 27 28 Outdoor Recreation Development: a publicly -used outdoor facility for recreation, including 29 Community Parks; facilities for; outdoor sports, including golf courses, outdoor shooting and archery 30 ranges, recreational racetracks, water ski lakes, and ORV/ATV parks; Major Campgrounds; and similar 31 developments. 32 Outdoor Storage: the storage of goods and materials out-of-doors for periods exceeding forty-eight (48) 33 hours. 34 35 Overlay Zoning District: a zoning district that is applied to a specified area warranting specific 36 recognition and management in addition to an underlying or base zone. Properties within an overlay zone 37 are subject to the requirements of both the underlying zone and the overlay zone. Except as otherwise 38 provided in GCC § 23.04 Article VI, the provisions of an Overlay Zoning District shall prevail over any 39 conflicting provisions of this UDC for the duration of the overlay district, subject to Chapter 36 RCW. 40 Overnight Lodging Facility: an individual building or group of attached or detached buildings 41 containing guest rooms, together with conveniently located parking space on the same lot, which is 42 designed, used or intended to be used for overnight accommodation of transients, such as a hotel or motel, 43 but does not include Hospitality Commercial Establishments such as Bed and Breakfast Inns, Bed and 44 Breakfast Residences, Guest Ranches and Transient Residence or Transient Guest House. 45 46 Owner: any person, agent, firm or corporation having a legal or equitable interest in the property. 47 Owner Occupancy: when a property owner as reflected in title records who makes his or her legal 48 residence at the site and who resides at the site more than six (6) months out of any given year. 49 50 Chapter 25.02 40 " evemb - 202_December 2024 amendments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 P Parcel: see "Lot." Park: a tract of land designated and used by the public for recreation. Park, Community: a park planned to provide indoor and outdoor active and structured recreation opportunities primarily for organized activities and sports, although individual and family activities are also encouraged. The service area is typically a 3-mile radius in urban areas and can be up to 10 miles in rural areas. These parks are generally focused around small or special interest landscaped area, shoreline access sites, community gardens, single purpose sites used for Playing Fields, or sites occupied by recreation buildings such as community or senior centers. Park, Open Space: a park that includes undeveloped land primarily left in its natural condition and used for passive recreation purposes, creation of separation and seclusion, and as buffers between non -open space uses. Open Space Parks typically showcase significant historic, archaeological, scientific, cultural or unique natural features or landscape features or natural processes. Open Space Parks may include wetlands, steep hillsides, river corridor bluffs, view points or linear areas primarily designed to accommodate trail areas. These parks are designed to offer a greater level of solitude than day use parks. Park and Ride: a designated parking facility specifically intended for use by public transportation and ridesharing patrons. Parking Lot: an off-street, ground -level open area, usually improved, for the temporary storage of motor vehicles. Parking Space, Off-street: an area adequate for parking vehicles, located totally outside of any street or alley right-of-way. Parking Structure: a building or structure consisting of more than one level and used to store motor vehicles. Underground parking is considered a parking structure. Park Model Trailer, Park Model Recreational Vehicle: a park trailer or recreational vehicle intended for permanent or semi -permanent installation and habitation, as defined in the American National Standards Institute A 119.5 standard. Party of Record: any person who has testified at an open -record public hearing, or has submitted a written statement related to a development action, or has notified the Grant County Administrative Official of their desire to receive a copy of a final decision related to a development action, and who provides the County with a complete address. Peak Discharge: the maximum surface water runoff rate determined for the design storm. Performance Bond: an executed bond or other acceptable security, in an amount acceptable to the Board of County Commissioners, to assure full and final completion of all required improvements within the specified time. Performance Standards, Mitigation Bank: measurable criteria for determining if the mitigation bank project goals and objectives are being achieved. Performance standards document a desired state, or amount of change necessary to indicate that a particular function is being performed or has been established as specified in the design. Performance Standards, General: a set of criteria or limits relating to certain characteristics that a particular use or process may not exceed. Performance Standards, Critical Area: criteria or limits related to critical area protection for a particular use or activity. Performance standards refer to the degree of allowed hazard, environmental Chapter 25.02 41 »,,.,em beh 0 2 z eeember 20 24 amendments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 anadromous fish, endangered, threatened or sensitive species breed or feed. Primary or Principal Building or Use: that structure or use for which a property is primarily used, that may be either permitted outright or through a special use process. Primary Surface: a surface longitudinally centered on an aircraft runway. The primary surface extends two hundred (200) feet beyond each end of the runway. The width of the primary surface is two hundred fifty (250) feet. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline along its length. Private Road: a road or right-of-way for vehicular circulation not dedicated to public use and not owned, improved or maintained by Grant County. Professional Engineer: a person who is qualified to practice civil engineering as attested by the engineer's legal registration as a Professional Engineer in the State of Washington. Project: a proposal for development. Project Permit or Project Permit Application: any land use or environmental permit or license required from a local government for a project action, including but not limited to building permits, subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical areas ordinances, site -specific rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulation except as otherwise specifically included in this section. Project Area: that portion of contiguous ownership, included in a site plan, that is the subject of a development proposal. Project Concurrency Review: A system of reviewing specific development projects to ensure that development permits are issued only after it is demonstrated that the levels of service on Concurrency Facilities and Services will not be degraded below the adopted level of service standards for these facilities and services. This system involves an application filed by the permit applicant, a Concurrency Determination for Facilities and Services made by the Concurrency Facility and Services Provider and a Final Concurrency Decision made by the project permit decision maker. Project Occupancy: the time when a development project is ready to be occupied and will use concurrency facilities and services. It shall be assumed that the entire proposed development will be occupied upon issuance of the initial occupancy permit for the project. Propagation Map: a map that shows signal strength and/or other engineering evidence from the proposed site in relation to existing and other proposed cell sites. Prosecuting Authority: the Grant County Prosecuting Attorney, his or her deputies and assistants, or such other persons as may be designated by statute. Prospectus, Mitigation Bank: the conceptual proposal for a mitigation bank project Provider: any entity or individual that provides personal wireless services over personal wireless service facilities. Provision: any written language contained in this UDC, including without limitation, any definition, policy, goal, regulation, requirement, standard, authorization, or prohibition. Public Facilities: Government or quasi -government owned and operated facilities, including but not limited to, streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, government buildings, court systems, law enforcement and corrections systems, hospitals, and schools. Chapter 25.02 44 Xovember=202:�December 2024 amendments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Recycling: the process of segregating solid waste for sale, processing, and beneficial use. Recyclable materials which can be removed through recycling include but are not limited to newsprint, cardboard, aluminum, glass, plastics, and ferrous metal. Recycling does not include combustion of solid waste or preparation of a fuel from solid waste. Recycling Center: a area, with or without buildings, upon which the recyclable materials are separated and processed for shipment. Recycling Collection Point: a neighborhood drop-off point for temporary storage of recyclable materials but without waste processing. Redevelopment: any land disturbing activity occurring on existing developed property. Regulated Wetland: a wetland area and associated buffers which have been determined through a site assessment review to be subject to the provisions of this UDC. Regulation: a statute, an administrative rule, or an adjudicatory decision. Religious Assembly Facility: a facility designed and used primarily for ceremonies, rituals, and education pertaining to a particular system of spiritual beliefs. Remediate: to restore a site to a condition that complies with the applicable requirements of this UDC as they existed when the violation of this UDC occurred. Remediation: the cleanup and restoration of groundwater to some acceptable level. Reserved Credit, Mitigation Bank: an available mitigation credit that has been withdrawn from a mitigation bank but which is not associated with a specific regulatory requirement at the time of purchase Purchase of reserved credits does not provide any guarantee that a project will be authorized under existing regulatoryprograms. Reserved credits are purchased at the buyer's sole risk. Residential Care Facility: a facility that provides care for at least five (5), but not more than fifteen (15), functionally disabled persons that is not licensed pursuant to Chapter 70.128 RCW. May include adult care facilities, group care facilities, licensed boarding homes, or safe/shelter home. Residential Development: development of land with dwelling units for non -transient occupancy. For the purposes of this UDC, guest houses, garages, and other similar structures accessory to a dwelling unit shall also be considered residential development unless regulated otherwise by this UDC or subarea plans. (see also "Dwelling Unit" and "Guest House (Accessory Dwelling Unit)"). Residential Lot: designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon for residential use. Residential Structure: all structures serving or designed as a dwelling unit, residence or for occupation by residents. Residential Use: used for all types of dwelling units such as single-, two- and multi -family housing including mobile/modular homes. Resort: a land area devoted to providing commercial recreational facilities and related lodgings, sales, and personal services primarily serving vacationers, which may or may not include residential uses. (see "Master Planned Resort"). Resource Agency Personnel: representatives from state, federal, local or tribal natural resource agencies having technical expertise and/or jurisdiction over critical areas, including, but not limited to, the Washington Departments of Ecology, Fish and Wildlife, and Natural Resources; the United States Army Corps of Engineers, National Marine Fisheries Service, and Department of Fish and Wildlife. Resource -Based Activities: activities related to the harvesting, processing, manufacture, storage, and Chapter 25.02 47 Alevzirsbeii 02;�December 2024 amendments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 collection, transmission, storage, treatment of discharge of any waterborne waste, whether domestic in origin or a combination of domestic, commercial, or industrial waste. Screening: fencing, earth berming, trees and other vegetation to provide visual separation of adjacent parcels or uses. Sediment: the fine grained material deposited by water or wind. Seismic Hazard Areas: Those areas subject to severe risk of damage as a result of earthquake -induced ground shaking, slope failure, settlement, soil liquifaction or surface faulting, including (1) Areas described in GCC § 24.08.500(b) and (c) or having a potential for soil liquefaction and soil strength loss during groundshaking; and (2) Areas located on a Holocene fault line identified by USGS investigative maps and studies. Sensitive Species: a species native to the State of Washington, that is vulnerable or declining and is likely to become endangered or threatened in a significant portion of its range within the State without cooperative management or the removal of threats as designated by WAC 232-12-011. SEPA: the Washington State Environmental Policy Act. SEPA requires state agencies, local governments and other lead agencies to consider environmental factors when making most types of permit decisions, especially for development proposals of a significant scale. As part of the SEPA process, EISs may be required to be prepared and public comments solicited (RCW 43.21 Q. Septage: the mixture of solid, semi -solid, and liquid wastes, scum, and sludge that is pumped from within the septic tanks, pump chambers, holding tanks, and other septic system components. Septic, Community: a sewage disposal system which provides a collection network and disposal system for residential clusters of 14 dwelling units or less. Service Area: an area identified by a public water or sewer system that includes existing and future service. Service Area, Mitigation Bank: the designated geographic area in which a mitigation bank can reasonably be expected to provide appropriate compensation for unavoidable impacts Setback: a line, generally parallel with and measured from the lot line, street or road right-of-way or easement (whichever is most restrictive) defining the limits of an area in which no above ground building or structures may be located. Setbacks do not apply to fences six (6) feet or less in height, retaining walls, or paved areas. Setback, Front: a setback extending across the full width of the lot between the required depth of which shall be measured horizontally and at right angles from the front lot line to a line parallel thereto on the lot. Setback, Rear: a setback extending across the full width of the lot between the required depth of which shall be measured horizontally and at right angles from the rear lot line to a line parallel thereto on the lot. Setback, Side: a setback extending across the full width of the lot between the required depth of which shall be measured horizontally and at right angles from the side lot line to a line parallel thereto on the lot. Sewer: the closed pipe which carries raw sewage from a home or business to a treatment facility. Sewers, Public: a state approved sewage disposal system which provides a collection network and disposal system and central sewage treatment facility for a single development, community, or region. Shooting Range: activity or use of land or a facility for the purposes of discharging firearms, including rifles, pistols and archery, in any organized fashion, such as a club or group, as opposed to an individual Chapter 25.02 51 Xqv- --202 December 2024 amendments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 periodic discharge of a firearm. Shoreline Master Program (SMP): the Grant County Shoreline Master Program adopted to promote the public health, safety and general welfare by providing long range, comprehensive policies and effective, reasonable regulations for development and use of Grant County shorelines. Shoreline Management Act (SMA): the Shoreline Management Act of 1971 (RCW 90.58), as amended. Shoreline Permit: a substantial development, shoreline conditional use, or shoreline variance permit. Shorelines: all of the water areas in the state, including reservoirs, and their associated shorelands, together with the lands underlying them, except: (1) Shorelines of statewide significance; (2) Shorelines on segments of streams upstream of a point where the mean annual flow is twenty (20) cubic feet per second or less, and the wetlands associated with such upstream segments; and (3) Shorelines on lakes less than twenty (20) acres in size and wetlands associated with such small lakes (RCW 90.58.030). Shorelines of the State: the total of all shorelines and Shorelines of Statewide Significance within the state as defined in RCW 90.58.030, also known as the Shoreline Management Act. Shorelines Hearings Board: the board established by the Shoreline Management Act. Short Plat: a document consisting of a map of a short subdivision together with written certificates, dedications and date. Short Term Rental: means a lodging use, that is not a hotel or motel or bed and breakfast, in which a dwelling unit, or portion thereof, that is offered or provided to a guest by a short-term rental operator for a fee for fewer than thirty (30) consecutive nights. Shrubsteppe: A non -forested vegetation type consisting of one or more layers of perennial bunchgrasses and a conspicuous but discontinuous layer of shrubs. Although big sagebrush is the most widespread shrubsteppe shrub, other dominant or co -dominant) shrubs include antelope bitterbrush, three -tip sagebrush, scabland sagebrush, and dwarf sagebrush Dominant bunchgrasses include (but are not limited to) Idaho fescue, bluebunch wheatgrass. Sandberg bluegrass, Thurber's needlegrass, and needle -and -thread. Sites can also have a layer of algae, mosses, or lichens In areas with greater precipitation or on soils with higher moisture -holding capacity, shrubsteppe can also support a dense layer of forbs (i.e., broadleaf herbaceous flora), Shrubsteppe contains various habitat features, including diverse topography, riparian areas, and canyons Another important component is habitat quality (i.e., degree to which a tract resembles a site potential natural community), which may be influenced by soil condition and erosion, ---and the distribution, coverage, and vigor of native shrubs, forbs, and gasses. At some more disturbed sites, non -natives such as cheatgrass or crested wheatuass may be co -dominant species Fire disturbance is an ecological component of shrubsteppe. Shrubsteppe disturbed by fire may lack the aforementioned vegetative components during periods of post -fire recover. Shrubsteppe Core: Those areas with significant local amounts of high -quality habitat for one of the conservation targets. Habitat within core areas is highly connected. Shrubsteppe Corridors: The most efficient connections between Core Areas and between Growth Opportunity Areas, following routes that minimize exposure to unsuitable habitats and movement barriers Chapter 25.02 52 Xqvember 202:ZJDecembe`• 2024 amendments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Shrubsteppe Growth Opportunity Areas (GOA): Areas with significant local amounts of habitat but in a more degraded condition compared to Core Areas. Habitat within Growth Opportunity Areas is highly rnnn r-rti-d Side Street: a street, public or private which abuts a property corner in addition to another street and which intersects the other street at a property corner. In determining the front yard and building line, either street abutting the corner property may be considered the flanking street. Sidewalk: a pedestrian access adjacent to or within the right-of-way of an adjoining public or private road. Sign: any display of letters, figures, designs, devices, pictures, logos, emblems, insignia, numbers, lines or colors or any combination thereof, visible to the public for the purpose of making anything known or attracting attention. The flag, emblem, insignia, poster or other display of a nation, political unit, educational, charitable, religious or similar group, campaign, non-profit drive or event or the architectural features or characteristics of a building which do not have an advertising message on, or as an integral part thereof, shall not be included within the meaning of this definition. Signs only visible within the structure shall not be included within this definition. Sign, Commercial: a sign that directs attention to a business or profession, to a commodity or service sold, offered, or manufactured, or to an entertainment offered on the premises where the sign is located. Sign, Roof: a sign erected upon, against, or directly above a roof or on top of or above the parapet of a building; signs on mansard roofs shall be considered wall signs. Simple Land Division: a division of property meeting the requirements of GCC § 22.04.800. Single -Family Residence or Dwelling: a dwelling unit designed for and occupied by no more than one family. Site Assessment: means a site -specific analysis which identifies the presence of critical areas, classifies and designates the critical area, documents site conditions, analyzes impacts (including long-term impacts) due to short-term or ongoing disturbances, and identifies appropriate mitigative measures. Site assessments include wetland reports, hydrogeologic reports, geotechnical reports and habitat management plans. Site Development Activity: the alteration of topography, clearing, paving, grading, construction, alteration of stormwater and drainage systems, site preparation, or other activity commonly associated with site development. Site Plan: scale drawing which shows the areas and locations of all buildings, streets, roads, improvements, easements, utilities, open spaces and other principal development features for a specific parcel of property. Site Visit: means a preliminary on -site inspection of an area where an activity having the potential to adversely impact critical areas has been proposed in order to determine the likelihood that critical area indicators are present. (see Site Assessment.) Six -Year Transportation Improvement Program (STIP): a plan or schedule showing specific expenditures for transportation capital projects over a 6-year period. Slaughter, Packing and Rendering Facility: an establishment used for the killing, processing, packing and/or rendering of livestock and uses incidental thereto. Small Scale: of a size or intensity which has minimal impacts on the surrounding area and which makes minimal demands on the existing infrastructure. Small Scale Recreation and Tourism: a land use that relies on a rural location and setting to provide recreational or tourist use, including commercial facilities to serve those uses, but that does not include Chapter 25.02 53 evembei- 2023December 2024 amendments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Chapter 25.24 MITIGATION BANK REQUIREMENTS &IMPACT FEES (RESERVED) Sections Article I. General Provisions — Shrubsteppe Mitigation Banking 25.24.010 Back round and Purpose 25.24.020 Interagency Review Team Article II. 25.24.030 25.24.040 25.24.050 25.24.060 25.24.070 25.24.080 Certification Process Decision -Making Procedure Purpose of the Prospectus Content of the Prospectus Mitigation Banking Instrument Public Notice Review and Approval of Bank Instrument Article III. Bank Establishment 25.24.090 Design Incentives 25.24.100 Site Selection 25.24.110 Permanent Protection 25.24.120 Credit Description 25.24.130 Credit Generation 25.24.140 Release of Credits 25.24.150 Performance Standards 25.24.160 Service Area 2 5.24.170 Financial Assurance 25.24.180 Long Term Management Article IV. Bank Operation 25.24.190 Monitoring and Reporting 25.24.200 Maintenance Plan 25.24.210 Adaptive Management 25.24.210 Master Credit Ledger Article V. Use of Bank Credits 25.24.220 Use of Bank Credits Article VI. Compliance with Certification 25.24.230 Compliance with Terms of Certification 25.24.240 Remedial Actions Article VII. General Provisions — Water Mitigation Banking Chapter 25.24 1 DeeemberOetez,e,^ ', 202440 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Chapter 25.02 DEFINITIONS Sections Page 25.02.010 Scope....................................................................................................................................... 1 25.02.020 Rules For Construction of Language...................................................................................... 1 25.02.030 Definitions...............................................................................................................................1 A.............................................................................................................................................. 1 B............................................................................................................................................ 87 C.......................................................................................................................................... .11-9 D........................................................................................................................................174-4 E......................................................................................................................................... 204--7 F......................................................................................................................................... 22-1-9 G........................................................................................................................................ 262-2 H........................................................................................................................................ 27-24 I.......................................................................................................................................... 29-24 J.............................................................................................................................................. 27 K................................................................................................ . L........................................................................................................................................ .312-7 M........................................................................................................................................ 33-2-9 N........................................................................................................................................37-3.2 O............................................................................................................................................34 P............................................................................................................................................. 36 Q....................................................................................................................................... 454� R............................................................................................................................................. 42 S......................................................................................................................................... 504-5 T.......................................................................................................................................... ••• 51 U........................................................................................................................................5854 V........................................................................................................................................60-55-5 W........................................................................................................................................... 55 X....................................................................................................................................... . 62-56 Y............................................................................................................. . Z................................................................................................. ........... .............. ............... 62� Chapter 25.02 Alevember 202.�December 2024 amendments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Abandon: to terminate or remove a structure by an affirmative act, such as changing to a new use; or to cease, terminate, or vacate a use or structure through nonaction. Accessory Structure: a structure detached from a principal building located on the same lot and which is incidental and secondary to the principal building. Acre: a unit of measure of land area, which consists of 43,560 square feet. Adaptive Management Activities: actions taken to correct any deficiencies on a mitigation site in order for the site to attain the required performance standards or mitigation plan goals The adaptive management activities shall be identified by the mitigation bank sponsor, in lieu fee program sponsor or permit applicant that is responsible for individual mitigation actions. Adequate: acceptable but not excessive. Adult Entertahment: : dUlt Entertainment Uses include but are limited to the adult uses dpfinPd hPi-Pin Adult Use, adult bathhouse. A sauna which excludes `Minors by reason of age, or which provides a steam bath or heat bathing room. used for the pclrpose of bathing, relaxation, or reducing, us' illtor steam or hot air as a cleanitirelaxing, or reducing went, if the service prop-�ided by the sauna is distilshed or characterized by an emphasis oil specified sexual activities or 4tec'ietjtllat()iilical areas as defined herein. Adult Use, ad L. ` bai !t. A ni. � .�: l; N ,� est: uran or � �;�1ar �;� ab �,� a- ant �� at ��tlarly. ----- 1 --- --- i- features llV'e CI.fQ17-na11CCS Lhat ale charat�iuriz_u Uv the cA )off Sure of et; iflk.d anatomical areas or by specified Sexual gctivitif,,iOr tilm�; Ipnt*()i1 nirtUreS. �jirif e�c*:PYtf�c S1*dc'c or other photographic arc i Adult Use, adult picture theater. An enclosed huildin( used fc.r presenting mater.al distinguished or characterized by an hasis on matter depicting, describing,or relating to Spec ified sexual c�ctiv`ties or specified anatom*cal areas. Adult Use, adult store. Anypremises from which minors are excluded and in which the retail sale of books magazines.,films devices. novelties lotions, photographic or written re reductions is conducted as a principal use of the Premises,- or as an adjunct to some other business activity, but which constitutes the Primaryor a ma r attraction to the Premises. Administrative Official: the duly appointed Director or his/her designated representative of the jurisdictional department of Grant County, including the Director of Community Development, the Fire Marshal/ Building Official, or the County Engineer. Adverse: Contrary to one's interest or welfare; harmful or unfavorable circumstances. Adverse Impacts: a condition that creates, imposes, aggravates, or leads to inadequate, impractical, unsafe, or unhealthy conditions on a site proposed for development or on off -site property or facilities. Aerospace: related to the design, construction, launch, retrieval, and operation of aircraft and spacecraft, including, but not limited to, space shuttles, satellites, rocket engines, and associated electronic guidance, navigation, and safety systems. Aerospace Area: an area designated for aerospace industry. Aerospace Overlay Zone: an overlay district that governs use of land adjoining an Aerospace Area and protects public safety in the area. Agency with Jurisdiction: any agency with authority to approve, deny, or condition all or part of any project permit application as defined by this UDC. Chapter 25.02 2 irTvvembEi- -December 20,24 amendments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 property tax assessment purposes only. Automobile Fuel Station: any building, land area, or other premises used for the retail dispensing or sales of vehicular fuels. Automobile Service and Repair Facility: any building, land area, or other premises used for the retail dispensing or sales of vehicular fuels and other petroleum products and the service or repair of automobiles and the incidental sales of motor vehicle accessories. Available Capacity: capacity in a Concurrency Facility or Service that is available for use without requiring facility construction, expansion or modification or will be available at project occupancy as a result of a Committed Improvement. Available Credits: Mitigation credit that has been released by the County and/or other regulatory agency after a bank attains the performance standards specified in the mitigation banking instrument Available Public Facilities: facilities or services that are in place or that a financial commitment is in place to provide the facilities or services within a specified time. In the case of transportation, the specified time is six years from the time of development. Average Day -Night Sound Level: as defined by the most current American National Standards Institute definition. Avigation Easement: easement granted for the free and unobstructed use and passage of aircraft over, across, and through the airspace of an airport or in the vicinity of the property. Chapter 25.02 7 AlevTiei- 2023-December 20 24 amendments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 B Bank Sponsor or Sponsor: any public or private entity responsible for establishing and, in most circumstances, operating a mitigation bank. Base Flood: a flood having a 1 percent chance of being equaled or exceeded in any given year. Base Flood Elevation (BFE): elevation of the Base Flood in relation to the National Geodetic Vertical Datum of 1929. Also known as mean sea level (other Datum where specified). Basement: means any area of a building or structure having a floor that is subgrade, or below ground level, on all sides. Basin Plan: a plan and all implementing regulations and procedures including, but not limited to, land use management adopted by ordinance for managing surface and stormwater quality and quantity management facilities and drainage features within individual sub -basins. Battery Charging Station: an electrical component assembly or cluster or component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, code, and regulations set forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540. Battery Electric Vehicle (BEV): a battery electric vehicle is a type of electric vehicle (EV) that uses chemical energy stored in rechargeable battery packs. As with other vehicles, BEVs use electric motors and motor controllers instead of internal combustion engines (ICES) for propulsion. Sometimes, all - electric vehicles are referred to as BEVs (although aplug-in hybrid electric vehicle (PHEV) is also a battery electric vehicle. Battery Exchange Station: a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive land and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceed any standards, codes and regulations set forth by chapter 19.27 RCW and consistent with the rules adopted under 19.27.540. Bed and Breakfast Inn: a hospitality commercial use containing four to five guest rooms or lodging units without cooking facilities, which provides overnight accommodation and breakfast meals in an owner- or proprietor -occupied existing single-family residence, including additional legal structures that may include facilities for banquets, weddings and similar small parties. Bed and Breakfast Residence: a hospitality commercial use containing one to three guest rooms without cooking facilities, which provides overnight accommodation and breakfast meals in an owner- or proprietor -occupied existing single-family residence. Best Available Science: information gathered, analyzed and presented based on scientific principles and practices including peer review, use of scientific methodology, logical analysis and reasonable inference, statistical analysis, rigorous referencing within the scientific literature, and conclusions drawn from within an accepted scientific framework. Best Management Practices (BMPs): systems of practices, schedules of activities, prohibitions, maintenance procedures, and management measures that prevent or minimize adverse impacts to the environment. When used in the context of agricultural activities, BMPs refers to Agricultural BMPs as defined herein. Best Management Practices (BMPs), Agricultural: systems of practices, schedules of activities, prohibitions, maintenance procedures, and management measures that prevent or minimize adverse impacts to the environment. Such practices may be subject to varying conditions which include, but are not limited to geographical location, weather, soil or mineral types and conditions, type of crop or Chapter 25.02 8 1"�mber2 December 20 24 amendments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 license holders or by one wireless license holder for more than one type of communications technology and/or placement of a WCF or CCF on a structure owned or operated by a utility or other public entity. Commercial Communication Facility (CCF): communication facilities, including support structures, dishes, or antennas established for the sending or receiving of signals, intended for commercial or governmental use, except those facilities defined as Wireless Communication Facilities as defined herein and pursuant to GCC § 23.08.450. Commercial Use: a land use activity which is associated with the sale and purchase of goods and services. Includes businesses involved in: the sale, lease, or rent of new or used products to the consumer public; the provision of personal services to the consumer public; the provisions of leisure services in the form of food or drink and passive or active entertainment; or the provision of product repair or servicing of consumer goods. Commercial Sign: any object, device, display or structure that is used for attracting attention to any commercial use, product, service, or activity. Committed Improvement: a legally binding commitment that a specific amount of capacity will be added to a Concurrency Facility or Service by a specific date. Common Area: any area contained within the boundaries of a proposed land division or within a multi- family residential development and owned by the lot owners as tenants -in -common, joint tenancy, or through an association or non-profit association, and provided specifically for the common use of the residents. Communication Towers: towers, dishes, or antennas established for the sending or receiving of signals. Community On -Site Sewage Systems: a sewage system used to serve multi -family residential complexes or groups of individual residences. Compatible: capable of existing together without discord or in a state of mutual tolerance. Compensatory Mitigation: the result of restoration, creation, enhancement, or the preservation of regulated critical areas or priority habitats for the purpose of compensating for unavoidable impacts to those habitats and/or species that remain after all appropriate and practical avoidance and minimization efforts have been achieved. Comprehensive Drainage Plan: a detailed analysis, adopted by the Board, for a drainage basin which assesses the capabilities and needs for runoff accommodation due to various combinations of development, land use, structural and nonstructural management alternatives. The plan recommends the form, location, and extent of stormwater quantity and quality control measures that would satisfy legal constraints, water quality standards, and community standards, and identifies the institutional and funding requirements for plan implementation. Comprehensive Plan: the Grant County Comprehensive Plan adopted by Grant County pursuant to the Growth Management Act and all of its goals, objectives, policies, documents, and maps. Comprehensive Plan Amendment: an amendment or change to the text or maps of the Comprehensive Plan. Concurrency: a decision that a proposed land development will not cause the level of service on a Concurrency Facility and Service to decline below adopted levels of service standards taking into account the available capacity, the capacity used by the proposed development, the capacity tentatively reserved by other pending development permit applications, the capacity reserved in Certificates of Capacity issued to projects that are not yet built, the capacity to be used by other growth estimated to occur, the capacity to be added by Committed Improvements that will be in place at the time the capacity is needed by the proposed development, and, in the case of Transportation Concurrency, the capacity to be added by Chapter 25.02 13 Alevember 202 December 2024 amendments I Funded Projects. 2 3 Concurrency Facilities and Services: the facilities and services for which Concurrency Review is 4 required in accordance with the provisions of GCC Chapter 25.20 this UDC. All of the Concurrency Facilities and Services other than County Roads are referred to as Non -Transportation Concurrency 5 5 Facilities and Services. 7 Concurrency Facility and Service Providers: the County department or other governmental entity 8 responsible for providing the applicable service or facility to a development project subject to 9 Concurrency Review under this UDC. All of the Concurrency Facility and Service Providers providing 10 facilities and services other than County Roads are referred to as Non -Transportation Concurrency 11 Facilities and Services Providers. 12 Concurrency Determination: a ConcurrencyDetermination for Roads or a Concurrency Determination 13 y 14 for Non -Transportation Facilities and Services 15 Concurrency Determination for Transportation: a determination made by the County Engineer that 16 compares an applicant's impact on County Roads to the capacity of the County Roads, taking into 17 account available and planned capacity and any mitigation measures proposed by the applicant. 18 Concurrency Determination for Non -Transportation Facilities and Services: a determination made 19 by the Non -Transportation Facility Provider which compares an applicant's impact that provider's 20 pp p on facilities to the capacity of such facilities, taking into account available facility capacity and any 21 mitigation measures proposed by the applicant. 22 23 Conditional Use: a permitted use, but which use, because of characteristics of the exact location with 24 reference to surroundings, streets, and existing improvements or demands upon public facilities, requires a 25 special degree of control to make such use consistent and compatible with other existing or permitted uses in 26 the same zone or zones, and to assure that such use shall not be harmful to the public interest. Subject to the 27 performance and use -specific standards and development standards set forth in GCC Chapters 23.08 and 28 23.12, respectively. Identified in Tables 3, 4 and 5 in GCC Chapter 23.04 by the symbol "C" and which 29 requires a Conditional Use Permit. 30 Conditional Use Permit: a permit issued by Grant County stating that the land uses and activities meet all 31 criteria set forth in GCC Chapters 23.04, 23.08 and 23.12 and other local ordinances, and all conditions of 32 approval in accordance with the procedural requirements of GCC Chapter 25.08. 33 34 Condominium: the division of a building or land pursuant to the Horizontal Property Regimes Act, RCW 35 64.23, or the Condominium Act, RCW 64.34 36 Condominium Operation.: a project containing or designed to contain structures or other i1-lprovenients 37 for residential, coininet-cial, office, business, industrial, or other uses permitted in the zonintY d'�� 38 t5tri�,t in Mitch it_ is located and in which each co-owner owes exclusive rl`llts to a volume of space within a 39 structure or structures that niay be constructed as a condoinlnlu111 u1-11t. 40 41 Conservancy Environment, Shorelines: a shoreline environment designation that is applied to areas that 42 are largely free of intensive development. 43 Conservation Easement: 44 45 A- L %A. L-7 %, X %A,", :1ar-Y purpose ljqtr�te the 1 46 consti--4.z.1t-iA�' nron er b.. a nonpossessory interest in real property, recorded on the title, imposing 47 limitations or affirmative oblicrations, the purposes of which include retaining or protecting various 48 habitat types for specific ecological functions, natural, scenic, or open space values of real property; 49 assuring its availability for mitigation, agricultural, forest, recreational, or open space use 50 Chapter 25.02 14 Aloy mbei-2023- ecember 2024 amendments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Q dBA: the sound pressure level in decibels measured using the "A" weighting network on a sound level meter. Date of Decision: the date on which a final decision or determination occurs and is transmitted to parties of record and from which the appeal period is calculated. Day Care - Type 1: the following definitions apply to day care facilities for twelve (12) or fewer children: (1) Child Care Facility: A family day-care home (RCW 35.63.170). (2) Family Day Care Home: A person regularly providing care during part of the twenty-four (24) hour day to six (6) or fewer children in the family abode of the person or persons under whose direct care the children are placed (RCW 35.63.170). Day Care -Type 2: the following definitions apply to day-care facilities for seven or more children: (1) Day Care Center: A person or agency that provides care for thirteen (13) or more children during part of the twenty-four (24) hour day (RCW 74.15.020). (2) Family Day Care Provider: A licensed day care provider who regularly provides day care for not more than twelve (12) children in the provider's home in the family living quarters (RCW 74.15.020). (3) Mini Day Care Center: A person or agency providing care during part of the twenty-four (24) hour day to twelve (12) or fewer children in a facility other than the family abode of the person or persons under whose direct care the children are placed, or for the care of seven (7) through twelve (12) children in the family abode of such person or persons (RCW 35.63.170). Dead-end Street: A street having only one outlet for vehicular traffic. Debited Mitigation Credit: 1. An available credit that has been withdrawn from a mitigation bank and transferred to an applicant's permit to meet re ug latory requirements. 2. Reserved credit that has been purchased to be used to meet a future or pendingre ulatory requirement. Decision Maker: means the person or body that is authorized by this UDC to render the final decision on a project permit application as specified by project permit procedure type in GCC 25.04 Table 2. Dedicate: to set aside a piece of real property, a structure, or a facility for public or private use or ownership. Dedication: the deliberate appropriation of land by an owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner filing an application for final subdivision approval showing the intended dedication, and the acceptance shall be evidenced by the approval of said application for recording. Deed Restriction: A restriction on the use of a lot, parcel, or area of land that is set forth in the deed and recorded with the County. It is binding in perpetuity on subsequent owners and is sometimes known as a restrictive covenant. Defendant: a person named in a Notice of Infraction. Degrade: to scale down in desirability or salability, to impair in respect to some physical property or to reduce in structure or function, in terms of Grant County standards and environment. Delineation: the precise determination of wetland boundaries in the field according to the application of Chapter 25.02 17 1"ot.�mbeT 2023-Decembey 2024 amendments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 age or older) are confined and fed or maintained for a period of 90 days or more in any 12-month period, and in which crops, vegetation, forage growth or post harvest residues are not sustained in the normal growing season. Feedlot, Farm Oriented: a confined area or structures, pen, or corral where livestock are fed for the purpose of eventual sale. It is farm oriented if feed is supplied by the operator's adjacent agriculture land to the greatest extent practicable. Fence: that which is constructed or composed of materials joined together in some definite manner in which the prime purpose is to separate, partition, enclose or screen. Festival Site: An indoor and/or outdoor site used for musical, cultural, or social events. Site and/or festival may be permanent or temporary. Filing: see "Recording." Filling: deposition of earth materials by any purposive means. Final Concurrency Decision: a decision made by the Decision Maker that there is or is not concurrency. Final Decision: the final decision by the Administrative Official, Hearing Examiner, or Board of County Commissioners. Final Plat: the final drawing of a subdivision and dedication prepared for recording with the County Auditor by a licensed surveyor containing all elements and requirements set forth in GCC § 22.04.420 and RCW 58.17. Financial Assurance: the money or other form of financial instrument (e.g. surety bonds, irrevocable letter of credit, trust funds, escrow accounts, proof of stable revenue sources for public agencies) required of the sponsor to ensure that the functions of the mitigation project are achieved and maintained over the long term. Financially Constrained Project: transportation improvement project for which a financial commitment is in place to complete the improvements, TDM, or TSM strategies within six (6) years of the date the Final Concurrency Decision is to be made. Each year, projects are to be designated as `financially constrained' or `funded' by the Board of County Commissioners at the time of adoption of the Six -Year Transportation Improvement Program (STIP). Fire Flow: the amount of water volume needed to provide fire suppression. Adequate fire flows are based on industry standards, typically measured in gallons per minute (gpm). Continuous fire flow volumes and pressures are necessary to ensure public safety. The fire flow volume shall be in addition to the requirements of the water system for domestic demand. Fish and Wildlife Habitat Conservation Areas: are: (1) Areas within which State and Federal endangered and threatened species exist, or State sensitive, candidate and monitor species have a primary association; (2) Priority Habitat and Species Areas identified by the Washington State Department of Fish and Wildlife; (3) Habitats and species of local and regional importance that have been designated by the County at the time of application. (4) Naturally occurring ponds under twenty (20) acres and their submerged aquatic beds that provide fish or wildlife habitat. These do not include ponds deliberately designed and created from dry sites such as canals, detention facilities, wastewater treatment facilities, farm ponds, temporary construction ponds of less than three (3) years' duration and landscape amenities. Naturally Chapter 25.02 24 XevembT '�2� eeember 2024 amendments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 occurring ponds may include those artificial ponds intentionally created from dry areas in order to mitigate conversion of ponds, if permitted by a regulatory authority; (5) Waters of the state as defined by WAC 222-16; (6) Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity; (7) Areas with which anadromous fish species have a primary association; and Flea Market: is an occasional or periodic market usually held in an open area, but which may be held indoors, where an individual or groups of individual sellers offer goods for sale to the public. A key element to flea markets is that there are no long-term leases between sellers and operators and that often the sellers use their own vehicles or set up temporary tables or booths for their wares. Flood or "Flooding": the temporary inundation of normally dry land areas from the overflow of inland or tidal waters or from the unusual and rapid accumulation or runoff of surface waters. Flood, Base: a flood having a one (1) percent chance of being equaled or exceeded in any given year. Flood Elevation, Base (BFE): elevation of the Base Flood in relation to the National Geodetic Vertical Datum of 1929. Also known as mean sea level (other Datum where specified). Flood Hazard Area, Special: an area subject to a Base Flood Flood Insurance Rate Map (FIRM): the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to Grant County. Flood Insurance Study: the official report provided by the Federal Insurance Administration that includes flood profiles, the flood boundary floodway map, and the water surface elevation of the base flood. Flood Protection Elevation: one (1) foot above the base flood elevation. Floodplain: that area of land adjoining a body of water that has been or may be covered by floodwater Floodplain Management: a long-term local government program to reduce flood damages to life and property and to minimize public expenses due to floods through a comprehensive system of planning, development regulations, building standards, structural works, and monitoring and warning systems. Floodway: the channel of a river or other watercourse and the adjacent land areas through which the base flood is discharged. Floodways identified on flood boundary and floodway maps (FBFM) become "regulatory floodways" within which encroachment of obstructions are prohibited. Floor Area: the area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts and courts. The floor area of a building or portion thereof not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. Frequently Flooded Areas: those floodways and associated floodplains designated by the Federal Emergency Management Agency (FEMA) flood hazard classifications as delineated on the most current available Flood Insurance Rate Maps for Grant County, or as subsequently revised by FEMA, as being within the 100-year flood plain, or those floodways and associated floodplains delineated by a comprehensive flood hazard management plan adopted by Grant County Board of Commissioners, as being within the 100-year floodplain or having experienced historic flooding. For the purpose of this ordinance, in case of conflict between FEMA flood hazard maps and the comprehensive flood hazard management plan designations, the more restrictive designation shall apply. Function Assessment: an evaluation of the decree to which an ecosystem is performing, or is capable of Chapter 25.02 25 Alov ember202_ ecember 2024 amendments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 performing, specific ecosystem functions and processes. Function assessments include the use of scientifically based quantitative and qualitative methods developed for assessing functions, as well as the use of best professional judgment. Functional Classification (FC): is the grouping of highways, roads, and streets that serve similar functions into distinct systems or classes. Functional Classification defines the primary role a road or street serves within the total existing or future highway network. Functional Values: means those functions performed by a critical area or buffer which are highly beneficial to the maintenance of the aquatic system and surrounding environment. As used in this UDC, "functional values" for wetlands, streams and buffers are limited to the following elements: (1) Streams: Fish and wildlife habitat, water quality maintenance, water supply and water conveyance. (2) Wetlands: Fish and wildlife habitat, water quality maintenance, pollution assimilation, shore stabilization, sediment retention, runoff and floodwater storage and conveyance, runoff control, stream base -flow maintenance, and groundwater discharge/recharge. (3) Buffers: Fish and wildlife habitat, runoff absorption, pollution assimilation, streambank stabilization, sediment entrapment, water quality maintenance including shading for maintenance of temperature, noise and visual screening, upland flood protection, recreation, and provision of nutrients and woody debris for streams. Functionally Classified System: all County roads classified as a Rural Minor Collector, Urban Collector, or higher. (Local access roads are the only roads that are not functionally classified.) G Geologically Hazardous Areas: areas that, because of their susceptibility to erosion, sliding, earthquake, or other geologic events, are not suited to the siting of commercial, residential, or industrial development consistent with public health or safety concerns. Geologically Hazardous Areas include Erosion Hazards, Landslide Hazards, Mine Hazards, and Seismic Hazards, as defined herein and specified in GCC § 24.08. Geologist: a person having specific relevant expertise who has received a degree in geology from an accredited college or university, or a person who has equivalent educational training and substantial demonstrated experience as a practicing geologist. Grade: existing or natural ground elevation prior to development or final ground elevation after completion of approved filling or grading activity. Grade, Adjacent: The average height of existing grade adjacent to a building. Grade, Existing: the elevation of the ground or site prior to any work being done or any changes being made to the ground or site. With respect to a building or structure, grade is the lowest point of elevation of the finished surface of the ground, paving, or sidewalk, within the area between the building and the property line or, when the property line is more than five (5) feet from the building, between the building and a line five (5) feet from the building. Grade, Finished: the final elevation of the ground level after development. Grading: stripping, cutting, filling, or stockpiling land including the land in its cut or filled condition to create new grade. Grant County Code (GCC): the various titles, chapters and sections adopted by the Board of County Commissioners, including this Uniform Development Code. Chapter 25.02 26 `leve ��k- 202_�December 2024 amendments I months of age or older) and their young, whether the hogs are all or only part of the farming operation. Sale 2 of hogs is not essential for the operation to be classified as a hog ranch. 3 Home Occupation: a small-scale commercial activity on residential parcels, subordinate to th 4 p y p e primary residential use, conducted in whole or in part in either the resident's single-family dwelling unit or in an 5 5 accessory building, and conducted by one or more residents of a single-family residence and not more 6 7 than two (2) additional employees not residing at the residence. Subject to the performance and use- 8 specific standards set forth in GCC § 23.08.210. 9 Homeowners' Association: An incorporated, non-profit organization operating under recorded land 10 agreements through which (1) each lot owner is automatically a member; (2) each lot is automatically subject 11 to a charge for a proportionate share of the expenses for the organizations' activities, such as maintaining 12 common property; and (3) a charge, if unpaid, becomes a lien against the property. 13 Hospice Care Facility: an establishment that provides palliative care provided to terminally ill persons in14 15 a place of temporary or permanent residence that alleviates physical symptoms, including pain, as well as 16 alleviates the emotional and spiritual discomfort associated with dying. 17 Hospital: a building designed and used for medical and surgical diagnosis, treatment, and housing of 18 persons, which may include overnight stay. Rest homes, nursing homes, convalescent homes and clinics 19 are not included. 20 Hospitality Commercial Establishments: restaurants, bed and breakfast inns, bed and breakfast 21 residences, and transient lodging establishments and associated guest facilities available for short-term 22 accommodation for a period not to exceed thirty (30) days. 23 24 Hydrogeology: the study of subsurface waters, their origin, occurrence, movement and quality. 25 I 26 - 27 Illegal Use: any use of land or a structure which is inconsistent with current codes or was inconsistent 28 with previous codes in effect when the use or structure was established. An illegal use is different than a 29 "nonconforming use". 30 31 Illicit Discharge: all non-stormwater discharges to stormwater drainage systems that cause or contribute 32 to a violation of state water quality, sediment quality, or groundwater quality standards including, but not 33 limited to, sanitary sewer connections, industrial process water, interior floor drains, and gray water 34 systems. 35 Impervious Surface: a hard surface area which either prevents or retards the entry of water into the soil 36 mantle as under natural conditions prior to development. Impervious surface shall also include a hard 37 surface area which causes water to run off the surface in greater quantities or at an increased rate of flow 38 from the flow present under natural conditions prior to development. Common impervious surfaces 39 include but are not limited to roof tops, walkways, patios, driveways, parking lots or storage areas, 40 concrete or asphalt paving, gravel roads with compacted subgrade, packed earthen materials, and oiled, 41 macadam or other surfaces which similarly impede the natural infiltration of stormwater. Open, 42 uncovered retention/detention facilities shall not be considered as impervious surfaces. 43 44 Impoundment: a natural topographic depression, man-made excavation, or diked area, which is designed 45 for livestock watering, irrigation, recreation, wildlife habitat, fish rearing, or property enhancement. 46 Impoundments do not include stormwater management ponds. 47 Improvements: Structures, roads, and other developments of land. 48 49 In Lieu Fee Program: a program involving the restoration, establishment, enhancement, and/or 50 preservation of critical areas and habitat through funds paid to a governmental or non-profit natural Chapter 25.02 29 Xevemb -;- 02_� ecember 2024 amendments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 resources management entity to satisfy compensatory mitigation requirements for authorized, unavoidable impacts to similar resources off site. An in lieu fee program sells compensatory mitigation credits to applicants whose obligation to provide compensatory mitigation is then transferred to the in lieu fee program sponsor. The operation and use of an in lieu fee program is governed by an in lieu fee program instrument approved by the County. Incidental: subordinate to, minor in significance, and bearing a reasonable relationship with the primary use Individual Road Concurrency: concurrency based on traditional A through F LOS rankings related to specific County Road segments and to County road intersections using the Highway Capacity Manual. Indoor Recreation & Entertainment Facilities: structures and places designed and equipped for indoor leisure -time activities, including, but not limited to, physical fitness clubs, skating rinks, bowling alleys, sports courts, theaters, and dramatic, operatic, musical or other performance, for which admission is charged. Industrial Development: facilities for the processing, manufacture, or storage of finished or partially finished goods. Industrial Use: activities predominantly associated with manufacturing, assembly, processing, or storage of products. Infraction case: a proceeding initiated in a court of limited jurisdiction pursuant to GCC Chapter 25.16 that authorizes offenses to be punished as infractions. Infrastructure: existing installed facilities and services including capital facilities such as water supply, sewage disposal, and storm drainage systems, and transportation facilities such as public roads. Innocent Purchaser for Value: a purchaser, not a donee, heir or devisee, that acts in good faith to purchase property for valuable consideration without actual or constructive notice that the land was illegally subdivided. Institutional Facilities or Development: structures and related activity areas used by organizations providing educational, social, or non-commercial recreational services to the community, including performance halls, government service offices, fairgrounds, facilities for assembly, colleges, primary and secondary schools, museum, and libraries. Instrument or Mitigation Banking Instrument: the documentation of agency and sponsor concurrence on the objectives and administration of the mitigation bank. The mitigation banking; instrument describes in detail the physical and legal characteristics of the bank, including the service area, and how the bank will be established and operated in perpetuity. Intensity: a measure of land use activity based on density, use, mass, size and impact. Intensive: highly concentrated, very large, or considerable, in terms of Grant County standards and development. Interagency Review Team or "IRT": an interagency group of regulators and stakeholders comprised of local, state or federal reulatoiy staff, resource agency staff, conservation districts, tribal stakeholders or local biologists who participate in the review of mitigation bank or in lieu fee program proposals Interlocal agreement: any agreement between the County and a district or city which sets forth certain terms relating to the planning, zoning, and regulation of development and other issues within an urban growth area. Interpretive Center: building(s) or site dedicated to public education about local or area ecology, natural history, human history, or other similar subjects. An interpretive center may include a small store, cafeteria, and auditorium, but does not include overnight stays. Chapter 25.02 30 AlevT er 202=�December 20 24 amendments 1 Mineral Resource Lands: lands containing mineral deposits, both active and inactive, that have a known 2 or potential long-term commercial significance for the extraction of minerals and which are in close, 3 economic proximity to locations where the deposits are likely to be used. 4 Mineral Resource Land Protection Provisions: provisions intended to enhance and encourage mineral 5 5 resource land operations by recognizing mineral extraction activities as essential rural activities that do 6 7 not constitute a nuisance (see GCC § 23.04.080). 8 Mini Storage Facility: a single -story structure or structures containing separate, individual, and private 9 storage spaces of varying sizes leased or rented individually for varying periods of time for the storage of 10 customers' goods or wares. 11 Mining: the removal of naturallyin metallic and nonmetallic minerals and other related materials 12 occurring 13 from, on and beneath the earth's surface. Normally, such removal is for commercial and construction 14 purposes. Mining in general includes deep pit, open pit, or surface mining, quarrying, and placer or 15 hydraulic mining. 16 Mining, Surface or Open -pit: involves either the removal of surface material (overburden) to enable the 17 underlying mineral resources to be exposed and extracted (quarried) or the direct extraction of naturally 18 occurring surface minerals and materials such as rock, sand, gravel and aggregate. Removal of sand from 19 river bars is considered a surface mining activity. 20 Mining Operations: all mine -related activities, including: 21 g 22 (1) the mining or extraction of rock, stone, gravel, sand, earth, and other minerals; 23 2 blasting,equipment maintenance sorting, crushing, and loading; 24 ()� g� g� g� 25 (3) on -site mineral processing including asphalt or concrete hatching, asphalt or concrete recycling, 26 and other aggregate recycling; 27 (4) transporting minerals to and from the mine, on site road maintenance, road maintenance for roads 28 used extensively for surface mining activities, traffic safety, and traffic control. 29 30 Minor Revision: a minor adjustment to a preliminary plat based upon the comments received from agencies 31 with jurisdiction or corrections to the engineering of the layout of the plat. The decision as to whether any 32 modification to a complete application is a "minor revision" shall be determined by the Administrative 33 Official. 34 Mitigation: the process of or measures prescribed and implemented for avoiding, reducing, or 35 compensating for the environmental impact(s) of a proposed activity or use, including, but not limited to, 36 restoration, creation, or enhancement (See WAC 197-11-768). 37 38 Mitigation Bank: a project that preserves, enhances, restores, or creates wetlands, streams, or habitat 39 conservation areas that offsets, or compensates for, expected adverse impacts to similar nearby 40 ecosystems under the terms of a regulatory approval process.mea�n a YrcYer';T oup-1 ^„aa 41L:4t Aria 42 to wefl:=dc: 43 44 AAV I i t i gS f4l. tion • b• it > 45 46 47 b 48 site- of th%pl imLL_&P3aet. 49 50 Mitigation Credit: a unit of trade representinz the increase in the ecological value at a mitigation bank Chapter 25.02 35 evemb i-202:� ecember 20.4 amendments 1 site, as measured by acreage, functions, or by some other assessment method 2 Mitigation, In -kind: to replace critical areas critical area buffers or regulated, priority, a 3 g � p � p y habitat f e:�: or the functions and values with substitute critical areas or 4 priority habitat ���_�e*ia���� 5 whose characteristics closely approximate those destroyed or degraded by a regulated activity. 6 Mitigation, Off -Site: to replace critical areas, critical area buffers, or regulated priority habitat or their 7 functions or values away from the site on which the critical area_, orcritical area buffer or priority habitat 8 has been adversely impacted by a regulated activity. 9 Mitigation, On -site: to replace critical areas critical area buffers or regulated riori habitat at or within to r � . 11 200 feet of the site on which critical areas, critical area buffers or regulated priority habitat has been 12 impacted by a regulated activity. 13 Mitigation, Out -of -kind: to replace a critical area, critical area buffers or regulated priority habitat (e.g. 14 wetland or shrubsteppe) with a substitute critical area,critical area buffers or regulated priority habitat (e.g. 15 wetland or shrubsteppe) whose characteristics do not closely approximate those destroyed or degraded by a 16 regulated activity. 17 Mitigation Plan: a detailed plan indicating actions necessaryto mitigate adverse impacts to critical areas 18 g p or regulated priority habitat and/or species. 19 20 Mitigation Project: a project designed to offset or replace adverse impacts to critical areas, critical area 21 buffers or regulated priority habitats via the use of a Mitigation Bank in lieu fee program, or through a 22 permittee responsible mitigation project. 23 Mitigation Se uencin : sequentially avoiding impacts, minimizing impacts, and com ensatin for 24 remaining unavoidable impacts to critical areas, critical area buffers or regulated priority habitat or 25 26 species. 27 Mixed -Use: mixed -use buildings, typically with residential units above or beside a story of two of 28 commercial spaces. The mixed -use district allows for a mixture of residential housing types and densities; 29 commercial, office, and institutional uses, parks and recreation uses; and public uses. 30 Mobile Home: a factory -built dwelling built prior to June 15, 1976, which does not meet applicable 31 requirements of the U.S. Department of Housing and Urban Development Manufactured Home Construction 32 and Safety Standards Act; designed to be transportable in one or more sections; and built on a permanent 33 chassis. Mobile homes do not include modular homes, manufactured homes, factory -built housing, 34 commercial coach, recreational vehicle or motor homes. 35 36 Mobile/Manufactured Home Park: any real property: 37 (1) which is rented or held out for rent to others for the placement of two (2) or more mobile homes, 38 manufactured homes, park model trailers, or park model recreational vehicles for the primary 39 purpose of production of income, except where such real property is rented out or held out for 40 rent for seasonal recreational purpose only and is not intended for year-round occupancy; 41 42 (2) consisting of common areas and two (2) or more lots held out for placement of mobile homes, 43 manufactured homes, park model trailers, or park model recreational vehicles in which both the 44 individual lots and the common areas are owned by an association of shareholders which leases 45 or otherwise extends the right to occupy individual lots to its own members; or 46 (3) whether it is called a subdivision, condominium, or planned unit development, consisting of 47 common areas and two (2) or more lots held for placement of mobile homes, manufactured 48 homes, park model trailers, or park model recreational vehicles in which there is private 49 ownership of the individual lots and common, undivided ownership of the common areas by 50 owners of the individual lots. Chapter 25.02 36 `T�mber 202_�December 2024 amendments I Open Space Taxation Program, Current Use: includes properties utilized for agriculture, timber, and 2 open space uses as provided RCW 84.34. 3 Operational Life of a Mitigation Bank: the period during which the term an 4 - p � p � s d conditions of a 5 mitigation banking instrument are in effect. With the exception of arrangements for the long-term 6 management, permanent protection, and financial assurances, the operational life of a mitigation bank 7 terminates at the point when: 8 1. Available credits have been exhausted and the bank is determined to be functionally mature and self- 9 sustaining to the degree specified in the instrument; or 10 The sponsor voluntarily terminates the banking activity with the concurrence of the IRT. 11 12 Operator: any person who is in actual physical or electronic control of a powered watercraft, motor 13 vehicle, aircraft, off highway vehicle, or any other engine driven vehicle. 14 Ordinary High Water Mark (OHWM): the mark on the shores of all water which will be found by y 1examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from 17 that of the abutting upland, in respect to vegetation; provided that in an area where the ordinary hi h- 18 p y �' g water mark cannot be found, the ordinary high-water mark adjoining saltwater shall be the line of mean 19 highest high tide and the ordinary high-water mark adjoining freshwater shall be the line of mean hi h- 20 � g g water. (WAC 173 -22-03 0) 21 22 Outdoor Advertising: all publicly displayed messages such as signs, billboards, placards, pennants or 23 posters, whose purpose is to provide official and commercial information, direction and advertising. 24 Outdoor Commercial Amusement Facilities: those facilities of a permanent nature involvingassembly 1 - assemy 25 of people, such as drive-in theaters, race tracks, rodeos, waterparks and swimming pools, miniature golf 26 27 courses, zoos, and other similar uses. 28 Outdoor Recreation Development: a publicly -used outdoor facility for recreation, including 29 Community Parks; facilities for; outdoor sports, including golf courses, outdoor shooting and archery 30 ranges, recreational racetracks, water ski lakes, and ORV/ATV parks; Major Campgrounds; and similar 31 developments. 32 Outdoor Storage: the storage of goods and materials out-of-doors for periods exceeding forty-eight 48 33 g ( ) hours. 34 35 Overlay Zoning District: a zoning district that is applied to a specified area warranting specific 36 recognition and management in addition to an underlying or base zone. Properties within an overlay zone 37 are subject to the requirements of both the underlying zone and the overlay zone. Except as otherwise 38 provided in GCC § 23.04 Article VI, the provisions of an Overlay Zoning District shall prevail over any 39 conflicting provisions of this UDC for the duration of the overlay district, subject to Chapter 36 RCW. 40 Overnight Lodging Facility: an individual building or group of attached or detached buildings 41 containing guest rooms, together with conveniently located parking space on the same lot, which is 42 designed, used or intended to be used for overnight accommodation of transients, such as a hotel or motel, 43 but does not include Hospitality Commercial Establishments such as Bed and Breakfast Inns, Bed and 44 Breakfast Residences, Guest Ranches and Transient Residence or Transient Guest House. 45 46 Owner: any person, agent, firm or corporation having a legal or equitable interest in the property. 47 Owner Occupancy: when a property owner as reflected in title records who makes his or her legal 48 residence at the site and who resides at the site more than six (6) months out of any given year. 49 50 Chapter 25.02 40 Xe �-��� ���� 2�December 2024 amendments r,z�rssrlc-,- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 P Parcel: see "Lot." Park: a tract of land designated and used by the public for recreation. Park, Community: a park planned to provide indoor and outdoor active and structured recreation opportunities primarily for organized activities and sports, although individual and family activities are also encouraged. The service area is typically a 3-mile radius in urban areas and can be up to 10 miles in rural areas. These parks are generally focused around small or special interest landscaped area, shoreline access sites, community gardens, single purpose sites used for Playing Fields, or sites occupied by recreation buildings such as community or senior centers. Park, Open Space: a park that includes undeveloped land primarily left in its natural condition and used for passive recreation purposes, creation of separation and seclusion, and as buffers between non -open space uses. Open Space Parks typically showcase significant historic, archaeological, scientific, cultural or unique natural features or landscape features or natural processes. Open Space Parks may include wetlands, steep hillsides, river corridor bluffs, view points or linear areas primarily designed to accommodate trail areas. These parks are designed to offer a greater level of solitude than day use parks. Park and Ride: a designated parking facility specifically intended for use by public transportation and ridesharing patrons. Parking Lot: an off-street, ground -level open area, usually improved, for the temporary storage of motor vehicles. Parking Space, Off-street: an area adequate for parking vehicles, located totally outside of any street or alley right-of-way. Parking Structure: a building or structure consisting of more than one level and used to store motor vehicles. Underground parking is considered a parking structure. Park Model Trailer, Park Model Recreational Vehicle: a park trailer or recreational vehicle intended for permanent or semi -permanent installation and habitation, as defined in the American National Standards Institute A 119.5 standard. Party of Record: any person who has testified at an open -record public hearing, or has submitted a written statement related to a development action, or has notified the Grant County Administrative Official of their desire to receive a copy of a final decision related to a development action, and who provides the County with a complete address. Peak Discharge: the maximum surface water runoff rate determined for the design storm. Performance Bond: an executed bond or other acceptable security, in an amount acceptable to the Board of County Commissioners, to assure full and final completion of all required improvements within the specified time. Performance Standards, Mitigation Bank: measurable criteria for determining if the mitigation bank project goals and objectives are being achieved. Performance standards document a desired state, or amount of change necessary to indicate that a particular function is being performed or has been established as specified in the design. Performance Standards, General: a set of criteria or limits relating to certain characteristics that a particular use or process may not exceed. Performance Standards, Critical Area: criteria or limits related to critical area protection for a particular use or activity. Performance standards refer to the degree of allowed hazard, environmental Chapter 25.02 41 Alevember 2023-December 2024 amendments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 anadromous fish, endangered, threatened or sensitive species breed or feed. Primary or Principal Building or Use: that structure or use for which a property is primarily used, that may be either permitted outright or through a special use process. Primary Surface: a surface longitudinally centered on an aircraft runway. The primary surface extends two hundred (200) feet beyond each end of the runway. The width of the primary surface is two hundred fifty (250) feet. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline along its length. Private Road: a road or right-of-way for vehicular circulation not dedicated to public use and not owned, improved or maintained by Grant County. Professional Engineer: a person who is qualified to practice civil engineering as attested by the engineer's legal registration as a Professional Engineer in the State of Washington. Project: a proposal for development. Project Permit or Project Permit Application: any land use or environmental permit or license required from a local government for a project action, including but not limited to building permits, subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical areas ordinances, site -specific rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulation except as otherwise specifically included in this section. Project Area: that portion of contiguous ownership, included in a site plan, that is the subject of a development proposal. Project Concurrency Review: A system of reviewing specific development projects to ensure that development permits are issued only after it is demonstrated that the levels of service on Concurrency Facilities and Services will not be degraded below the adopted level of service standards for these facilities and services. This system involves an application filed by the permit applicant, a Concurrency Determination for Facilities and Services made by the Concurrency Facility and Services Provider and a Final Concurrency Decision made by the project permit decision maker. Project Occupancy: the time when a development project is ready to be occupied and will use concurrency facilities and services. It shall be assumed that the entire proposed development will be occupied upon issuance of the initial occupancy permit for the project. Propagation Map: a map that shows signal strength and/or other engineering evidence from the proposed site in relation to existing and other proposed cell sites. Prosecuting Authority: the Grant County Prosecuting Attorney, his or her deputies and assistants, or such other persons as may be designated by statute. Prospectus, Mitigation Bank: the conceptual proposal for a mitigation bank project. Provider: any entity or individual that provides personal wireless services over personal wireless service facilities. Provision: any written language contained in this UDC, including without limitation, any definition, policy, goal, regulation, requirement, standard, authorization, or prohibition. Public Facilities: Government or quasi -government owned and operated facilities, including but not limited to, streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, government buildings, court systems, law enforcement and corrections systems, hospitals, and schools. Chapter 25.02 44 Alevemecember 2024 amendments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Recycling: the process of segregating solid waste for sale, processing, and beneficial use. Recyclable materials which can be removed through recycling include but are not limited to newsprint, cardboard, aluminum, glass, plastics, and ferrous metal. Recycling does not include combustion of solid waste or preparation of a fuel from solid waste. Recycling Center: a area, with or without buildings, upon which the recyclable materials are separated and processed for shipment. Recycling Collection Point: a neighborhood drop-off point for temporary storage of recyclable materials but without waste processing. Redevelopment: any land disturbing activity occurring on existing developed property. Regulated Wetland: a wetland area and associated buffers which have been determined through a site assessment review to be subject to the provisions of this UDC. Regulation: a statute, an administrative rule, or an adjudicatory decision. Religious Assembly Facility: a facility designed and used primarily for ceremonies, rituals, and education pertaining to a particular system of spiritual beliefs. Remediate: to restore a site to a condition that complies with the applicable requirements of this UDC as they existed when the violation of this UDC occurred. Remediation: the cleanup and restoration of groundwater to some acceptable level. Reserved Credit, Mitigation Bank: an available mitigation credit that has been withdrawn from a mitigation bank but which is not associated with a specific regulatory requirement at the time of purchase Purchase of reserved credits does not provide any guarantee that a project will be authorized under existing regulatory programs. Reserved credits are purchased at the buyer's sole risk. Residential Care Facility: a facility that provides care for at least five (5), but not more than fifteen (15), functionally disabled persons that is not licensed pursuant to Chapter 70.128 RCW. May include adult care facilities, group care facilities, licensed boarding homes, or safe/shelter home. Residential Development: development of land with dwelling units for non -transient occupancy. For the purposes of this UDC, guest houses, garages, and other similar structures accessory to a dwelling unit shall also be considered residential development unless regulated otherwise by this UDC or subarea plans. (see also "Dwelling Unit" and "Guest House (Accessory Dwelling Unit)"). Residential Lot: designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon for residential use. Residential Structure: all structures serving or designed as a dwelling unit, residence or for occupation by residents. Residential Use: used for all types of dwelling units such as single-, two- and multi -family housing including mobile/modular homes. Resort: a land area devoted to providing commercial recreational facilities and related lodgings, sales, and personal services primarily serving vacationers, which may or may not include residential uses. (see "Master Planned Resort"). Resource Agency Personnel: representatives from state, federal, local or tribal natural resource agencies having technical expertise and/or jurisdiction over critical areas, including, but not limited to, the Washington Departments of Ecology, Fish and Wildlife, and Natural Resources; the United States Army Corps of Engineers, National Marine Fisheries Service, and Department of Fish and Wildlife. Resource -Based Activities: activities related to the harvesting, processing, manufacture, storage, and Chapter 25.02 47 Xevemb T December 2024 amendments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 collection, transmission, storage, treatment of discharge of any waterborne waste, whether domestic in origin or a combination of domestic, commercial, or industrial waste. Screening: fencing, earth berming, trees and other vegetation to provide visual separation of adjacent parcels or uses. Sediment: the fine grained material deposited by water or wind. Seismic Hazard Areas: Those areas subject to severe risk of damage as a result of earthquake -induced ground shaking, slope failure, settlement, soil liquifaction or surface faulting, including (1) Areas described in GCC § 24.08.500(b) and (c) or having a potential for soil liquefaction and soil strength loss during groundshaking; and (2) Areas located on a Holocene fault line identified by USGS investigative maps and studies. Sensitive Species: a species native to the State of Washington, that is vulnerable or declining and is likely to become endangered or threatened in a significant portion of its range within the State without cooperative management or the removal of threats as designated by WAC 232-12-011. SEPA: the Washington State Environmental Policy Act. SEPA requires state agencies, local governments and other lead agencies to consider environmental factors when making most types of permit decisions, especially for development proposals of a significant scale. As part of the SEPA process, EISs may be required to be prepared and public comments solicited (RCW 43.21 Q. Septage: the mixture of solid, semi -solid, and liquid wastes, scum, and sludge that is pumped from within the septic tanks, pump chambers, holding tanks, and other septic system components. Septic, Community: a sewage disposal system which provides a collection network and disposal system for residential clusters of 14 dwelling units or less. Service Area: an area identified by a public water or sewer system that includes existing and future service. Service Area, Mitigation Bank: the designated geographic area in which a mitigation bank can reasonably be expected to provide appropriate compensation for unavoidable impacts. Setback: a line, generally parallel with and measured from the lot line, street or road right-of-way or easement (whichever is most restrictive) defining the limits of an area in which no above ground building or structures may be located. Setbacks do not apply to fences six (6) feet or less in height, retaining walls, or paved areas. Setback, Front: a setback extending across the full width of the lot between the required depth of which shall be measured horizontally and at right angles from the front lot line to a line parallel thereto on the lot. Setback, Rear: a setback extending across the full width of the lot between the required depth of which shall be measured horizontally and at right angles from the rear lot line to a line parallel thereto on the lot. Setback, Side: a setback extending across the full width of the lot between the required depth of which shall be measured horizontally and at right angles from the side lot line to a line parallel thereto on the lot. Sewer: the closed pipe which carries raw sewage from a home or business to a treatment facility. Sewers, Public: a state approved sewage disposal system which provides a collection network and disposal system and central sewage treatment facility for a single development, community, or region. Shooting Range: activity or use of land or a facility for the purposes of discharging firearms, including rifles, pistols and archery, in any organized fashion, such as a club or group, as opposed to an individual Chapter 25.02 51 November 2 December 2024 amendments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 periodic discharge of a firearm. Shoreline Master Program (SMP): the Grant County Shoreline Master Program adopted to promote the public health, safety and general welfare by providing long range, comprehensive policies and effective, reasonable regulations for development and use of Grant County shorelines. Shoreline Management Act (SMA): the Shoreline Management Act of 1971 (RCW 90.58), as amended. Shoreline Permit: a substantial development, shoreline conditional use, or shoreline variance permit. Shorelines: all of the water areas in the state, including reservoirs, and their associated shorelands, together with the lands underlying them, except: (1) Shorelines of statewide significance; (2) Shorelines on segments of streams upstream of a point where the mean annual flow is twenty (20) cubic feet per second or less, and the wetlands associated with such upstream segments; and (3) Shorelines on lakes less than twenty (20) acres in size and wetlands associated with such small lakes (RCW 90.58.030). Shorelines of the State: the total of all shorelines and Shorelines of Statewide Significance within the state as defined in RCW 90.58.030, also known as the Shoreline Management Act. Shorelines Hearings Board: the board established by the Shoreline Management Act. Short Plat: a document consisting of a map of a short subdivision together with written certificates, dedications and date. Short Term Rental: means a lodging use, that is not a hotel or motel or bed and breakfast, in which a dwelling unit, or portion thereof, that is offered or provided to a guest by a short-term rental operator for a fee for fewer than thirty (30) consecutive nights. Shrubsteppe: A non -forested vegetation type consisting of one or more layers of perennial bunchgrasses and a conspicuous but discontinuous layer of shrubs. Although big sagebrush is the most widespread shrubsteppe shrub, other dominant (or co -dominant) shrubs include antelope bitterbrush, three -tip sagebrush, scabland sagebrush, and dwarf sagebrush. Dominant bunchgrasses include (but are not limited to) Idaho fescue, bluebunch wheatgrass. Sandberg bluegrass, Thurber's needlegrass, and needle -and -thread. Sites can also have a layer of algae, mosses, or lichens. In areas with greater precipitation or on soils with higher moisture -holding capacity, shrubsteppe can also support a dense layer of forbs (i.e., broadleaf herbaceous flora). Shrubsteppe contains various habitat features, including diverse topography, riparian areas, and canyons. Another important component is habitat quality (i.e., degree to which a tract resembles a site potential natural community), which may be influenced by soil condition and erosion; and the distribution, coverage, and vigor of native shrubs, forbs, and grasses. At some more disturbed sites, non -natives such as cheatgrass or crested wheatgrass may be co -dominant species Fire disturbance is an ecological component of shrubsteppe. Shrubsteppe disturbed by fire may lack the aforementioned vegetative components during periods of post -fire recover Shrubsteppe Core: Those areas with significant local amounts of high -quality habitat for one of the conservation targets. Habitat within core areas is highly connected. Shrubsteppe Corridors: The most efficient connections between Core Areas and between Growth Opportunity Areas, following routes that minimize exposure to unsuitable habitats and movement barriers. Chapter 25.02 52 Xfl b-'202:�Deeember 2024 amendments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Shrubsteppe Growth Opportunity Areas (GOA): Areas with significant local amounts of habitat but in a more degraded condition compared to Core Areas. Habitat within Growth Opportunity Areas is highly r•nrntmartphA Side Street: a street, public or private which abuts a property corner in addition to another street and which intersects the other street at a property corner. In determining the front yard and building line, either street abutting the corner property may be considered the flanking street. Sidewalk: a pedestrian access adjacent to or within the right-of-way of an adjoining public or private road Sign: any display of letters, figures, designs, devices, pictures, logos, emblems, insignia, numbers, lines or colors or any combination thereof, visible to the public for the purpose of making anything known or attracting attention. The flag, emblem, insignia, poster or other display of a nation, political unit, educational, charitable, religious or similar group, campaign, non-profit drive or event or the architectural features or characteristics of a building which do not have an advertising message on, or as an integral part thereof, shall not be included within the meaning of this definition. Signs only visible within the structure shall not be included within this definition. Sign, Commercial: a sign that directs attention to a business or profession, to a commodity or service sold, offered, or manufactured, or to an entertainment offered on the premises where the sign is located. Sign, Roof: a sign erected upon, against, or directly above a roof or on top of or above the parapet of a building; signs on mansard roofs shall be considered wall signs. Simple Land Division: a division of property meeting the requirements of GCC § 22.04.800. Single -Family Residence or Dwelling: a dwelling unit designed for and occupied by no more than one family. Site Assessment: means a site -specific analysis which identifies the presence of critical areas, classifies and designates the critical area, documents site conditions, analyzes impacts (including long-term impacts) due to short-term or ongoing disturbances, and identifies appropriate mitigative measures. Site assessments include wetland reports, hydrogeologic reports, geotechnical reports and habitat management plans. Site Development Activity: the alteration of topography, clearing, paving, grading, construction, alteration of stormwater and drainage systems, site preparation, or other activity commonly associated with site development. Site Plan: scale drawing which shows the areas and locations of all buildings, streets, roads, improvements, easements, utilities, open spaces and other principal development features for a specific parcel of property. Site Visit: means a preliminary on -site inspection of an area where an activity having the potential to adversely impact critical areas has been proposed in order to determine the likelihood that critical area indicators are present. (see Site Assessment.) Six -Year Transportation Improvement Program (STIP): a plan or schedule showing specific expenditures for transportation capital projects over a 6-year period. Slaughter, Packing and Rendering Facility: an establishment used for the killing, processing, packing and/or rendering of livestock and uses incidental thereto. Small Scale: of a size or intensity which has minimal impacts on the surrounding area and which makes minimal demands on the existing infrastructure. Small Scale Recreation and Tourism: a land use that relies on a rural location and setting to provide recreational or tourist use, including commercial facilities to serve those uses, but that does not include Chapter 25.02 53 `r�vember 202_�December 2024 amendments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Chapter 25.24 MITIGATION BANK REQUIREMENTS &IMPACT FEES (RESERVED) Sections Article I. General Provisions — Shrubsteppe Mitigation Banking 25.24.010 Background and Purpose 25.24.020 Interagency Review Team Article II. 25.24.030 25.24.040 25.24.050 25.24.060 25.24.070 25.24.080 Certification Process Decision -Making Procedure Purpose of the Prospectus Content of the Prospectus Mitigation Banking Instrument Public Notice Review and Approval of Bank Instrument Article III. Bank Establishment 25.24.090 Design Incentives 25.24.100 Site Selection 25.24.110 Permanent Protection 25.24.120 Credit Description 25.24.130 Credit Generation 25.24.140 Release of Credits 25.24.150 Performance Standards 25.24.160 Service Area 25.24.170 Financial Assurance 25.24.180 Long Term Management Article IV. Bank Operation 25.24.190 Monitoring and Reporting 25.24.200 Maintenance Plan 25.24.210 Adaptive Management 25.24.210 Master Credit Ledger Article V. Use of Bank Credits 25.24.220 Use of Bank Credits Article VI. Compliance with Certification 25.24.230 Compliance with Terms of Certification 25.24.240 Remedial Actions Article VII. General Provisions — Water Mitigation Banking Chapter 25.24 I December , 202400