Article 1. General
14.100.010 Purpose.
A. The purpose of this chapter is to designate and classify ecologically sensitive and hazardous areas and to protect these areas and their functions and values, while also allowing for reasonable use of private property.
B. This chapter implements the goals, policies, guidelines, and requirements of the city of Aberdeen (city) Comprehensive Plan and Chapter 36.70A RCW.
C. The city finds that critical areas provide a variety of valuable and beneficial biological and physical functions that benefit the city and its residents and/or may pose a threat to human safety or to public and private property. The beneficial functions and values provided by critical areas include, but are not limited to, water quality protection and enhancement; fish and wildlife habitat; food chain support; flood storage; conveyance and attenuation of flood waters; ground water recharge and discharge; erosion control; wave attenuation; protection from hazards; historical, archaeological, and aesthetic value protection; and recreation. These beneficial functions are not listed in order of priority.
D. Goals. By limiting development and alteration of critical areas, this chapter seeks to:
1. Protect members of the public and public resources and facilities from injury, loss of life, or property damage due to landslides and steep slope failures, erosion, seismic events, or flooding;
2. Maintain healthy, functioning ecosystems through the protection of unique, fragile, and valuable elements of the environment, including ground and surface waters, wetlands, and fish and wildlife and their habitats, and to conserve the biodiversity of plant and animal species;
3. Direct activities not dependent on critical areas resources to less ecologically sensitive sites and mitigate unavoidable impacts to critical areas by regulating alterations in and adjacent to critical areas; and
4. Prevent cumulative adverse environmental impacts to water quality, wetlands, and fish and wildlife habitat, and the overall net loss of wetlands, frequently flooded areas, and habitat conservation areas.
E. The regulations of this chapter are intended to protect critical areas in accordance with Chapter 36.70A RCW and through the application of the best available science, described in Chapter 365-195 WAC and in consultation with state and federal agencies and other qualified professionals. Special conservation or protection measures are necessary to preserve or enhance anadromous fisheries and also to protect both surface and ground water resources, because these waters often recharge wetlands, streams and lakes.
F. This chapter is to be administered with flexibility and attention to site-specific characteristics. It is not the intent of this chapter to make a parcel of property unusable by denying its owner reasonable economic use of the property or to prevent the provision of public facilities and services necessary to support existing and planned development.
G. The city’s enactment or enforcement of this chapter shall not be construed for the benefit of any individual person or group of persons other than the general public.
H. Critical area protection is integral and applicable to the SMP. All uses and development occurring within critical areas or their buffers that are within shoreline jurisdiction shall comply with CAO regulations, except as modified by SMP Appendix 2: Table 1-1 in SMP Appendix 2: Section 1.01(C).
I. If there are any conflicts or unclear distinctions between the provisions in this chapter, the SMP, and this section, the requirements most consistent with the SMA shall apply, as determined by the shoreline administrator.
J. To ensure consistency with the SMA, exceptions to the applicability of the regulations in this chapter in shoreline jurisdiction are listed below:
1. Where there is a difference in a definition between the CAO and the SMP, the SMP definition shall apply.
2. Within shoreline jurisdiction, critical area review, approval, notice, and appeal periods shall be integrated with the associated shoreline permit or exemption found in SMP Chapter 7: Shoreline Administration. Where there is a difference in a review, approval, notice, and appeal process between the CAO and the SMP, the SMP process shall apply.
3. Exempt and allowed activities listed in Sections 14.100.050 and 14.100.230 must be consistent with the applicable provision of the SMP and any required shoreline permit(s) shall be obtained.