Article IV. Allowed Activities
14.04.150 Allowed activities.
A. Critical Areas Report. Activities allowed under this chapter shall have been reviewed and permitted or approved by the city or other agency with jurisdiction, but do not require submittal of a separate critical areas identification form or critical areas report, unless such submittal was required previously for the underlying permit. The director may apply conditions to the underlying permit or approval to ensure that the allowed activity is consistent with the provisions of this chapter to protect critical areas. Nothing within this section authorizes activities in a special flood hazard area to occur without complying with all applicable requirements of Article XIII of this chapter.
B. Required Use of Best Management Practices. All allowed activities shall be conducted using the best management practices, adopted pursuant to the City of Bothell Design and Construction Standards and Specifications, and any other adopted plans and regulations, that result in the least amount of impact to the critical areas. Best management practices shall be used for tree and vegetation protection, construction management, erosion and sedimentation control, water quality protection, and regulation of chemical applications. The city shall observe the use of best management practices to ensure that the activity does not result in degradation to the critical area. Any incidental damage to, or alteration of, a critical area shall be restored, rehabilitated, or replaced at the responsible party’s expense within a timeframe approved by the director, and in any case work shall begin within no later than six months of the date of the incident.
C. Allowed Activities. The following activities are allowed:
1. Permit Requests Subsequent to Previous Critical Area Review. Development permits and approvals that involve both discretionary land use approvals (such as subdivisions, rezones, or conditional use permits), and construction approvals (such as building permits) if all of the following conditions have been met:
a. The provisions of this chapter have been previously addressed as part of another approval;
b. There have been no material changes in the potential impact to the critical area or buffer since the prior review;
c. There is no new information available that is applicable to any critical area review of the site or particular critical area;
d. The permit or approval has not expired or, if no expiration date, no more than five years has elapsed since the issuance of that permit or approval; and
e. Compliance with any standards or conditions placed upon the prior permit or approval has been achieved or secured;
2. Modification to Existing Structures. Structural modification of, addition to, or replacement of an existing legally constructed structure that does not further alter or increase the adverse impact to the critical area or buffer and there is no increased risk to life or property as a result of the proposed modification or replacement; provided, that restoration of structures substantially damaged by fire, flood, or act of nature must be initiated within one year of the date of such damage, as evidenced by the submittal of a valid building permit, and diligently pursued to completion;
3. Activities within the Improved Right-of-Way. Replacement, modification, installation, or construction of utility facilities, lines, pipes, mains, equipment, or appurtenances, not including substations, when such facilities are located within the improved portion of the public right-of-way or a city authorized private roadway except those activities that alter a wetland or watercourse, such as culverts or bridges, or result in the transport of sediment or increased storm water; subject to the following:
a. Critical area and/or buffer widths shall be increased, where possible, equal to the width of the right-of-way improvement, including disturbed areas; and
b. Retention and replanting of native vegetation shall occur wherever possible along the right-of-way improvement and resulting disturbance;
4. Minor Utility Projects. Utility projects which have minor or short-duration impacts to critical areas, as determined by the director in accordance with the criteria below, and which do not significantly impact the function or values of a critical area(s); provided, that such projects are constructed with best management practices and additional restoration measures are provided. Minor activities shall not result in the transport of sediment or increased storm water. Such allowed minor utility projects shall meet the following criteria:
a. There is no practical alternative to the proposed activity with less adverse impact on critical areas;
b. The activity involves the placement of a utility pole, street signs, anchor, or vault or other small component of a utility facility; and
c. The activity involves disturbance of an area less than 75 square feet;
5. Public and Private Nonmotorized Trails. Public and private nonmotorized trails, except when such trails are located within wetlands, or fish and wildlife habitat conservation areas, or their buffers. Nonmotorized trails shall be subject to the following:
a. The trail surface shall meet all other requirements including water quality standards set forth in the City of Bothell Design and Construction Standards and Specifications, and any other adopted plans and regulations;
b. Critical area buffer widths shall be increased, where possible, when nonmotorized trails are located within buffers to an amount equal to the width of the trail corridor, including disturbed areas;
c. Nonmotorized trails proposed to be located in landslide or erosion hazard areas shall be constructed in a manner that does not increase the risk of landslide or erosion and in accordance with an approved geotechnical report; and
d. Nonmotorized trails proposed to be located in wetland buffers shall follow the requirements of BMC 14.04.530(F);
6. Select Vegetation Removal Activities. The following vegetation removal activities; provided, that no vegetation shall be removed from a critical area or its buffer without approval from the director:
a. The removal of the following vegetation with hand labor and light equipment only:
(i) Invasive and noxious weeds;
(ii) English ivy (Hedera helix);
(iii) Himalayan blackberry (Rubus discolor, R. procerus); and
(iv) Evergreen blackberry (Rubus laciniatus);
Removed vegetation shall be replaced with native species as approved by the director.
b. The removal of trees from critical areas and buffers that are hazardous, posing a threat to public safety, or posing an imminent risk of damage to private property; provided, that:
(i) The applicant submits a report from a certified arborist, registered landscape architect, or professional forester that documents the hazard and provides a replanting schedule for the replacement trees;
(ii) Tree cutting shall be limited to pruning and crown thinning, unless otherwise justified by a qualified professional. Where pruning or crown thinning is not sufficient to address the hazard, trees should be removed or converted to wildlife snags;
(iii) All vegetation cut (tree stems, branches, etc.) shall be left within the critical area or buffer unless removal is warranted due to the potential for disease, re-vegetation by invasive species, or pest transmittal to other healthy vegetation;
(iv) The landowner shall replace any trees that are removed with new trees at a ratio of two replacement trees for each tree removed (2:1) within one year in accordance with an approved restoration plan. Replacement trees may be planted at a different, nearby location if it can be determined that planting in the same location would create a new hazard or potentially damage the critical area. Replacement trees shall be species that are native and indigenous to the site and a minimum of one inch in diameter-at-breast height (dbh) for deciduous trees and a minimum of six feet in height for evergreen trees as measured from the top of the root ball;
(v) If a tree to be removed provides critical habitat, such as an eagle perch, a qualified wildlife biologist shall be consulted to determine timing and methods or removal that will minimize impacts; and
(vi) Hazard trees determined to pose an imminent threat or danger to public health or safety, to public or private property, or of serious environmental degradation may be removed or pruned by the landowner prior to receiving written approval from the city; provided, that within 14 days following such action, the landowner shall submit a restoration plan that demonstrates compliance with the provisions of this chapter;
c. Measures to control a fire or halt the spread of disease or damaging insects consistent with the state Forest Practices Act, Chapter 76.09 RCW, and local forest practices; provided, that the removed vegetation shall be replaced in-kind or with similar native species within one year in accordance with an approved restoration plan; and
d. Unless otherwise provided, or as a necessary part of an approved alteration, removal of any vegetation or woody debris from a habitat conservation area or wetland shall be prohibited;
7. Chemical Applications. The application of herbicides, pesticides, organic or mineral-derived fertilizers, or other hazardous substances, if necessary, as approved by the city; provided, that their use shall be restricted in accordance with State Department of Fish and Wildlife Management recommendations and the regulations of the State Department of Agriculture and the U.S. Environmental Protection Agency;
8. Minor Site Investigative Work. Work necessary for land use submittals, such as surveys, soil logs, percolation tests, and other related activities, where such activities do not require construction of new roads or significant amounts of excavation. In every case, impacts to the critical area shall be the minimum necessary and disturbed areas shall be immediately restored; and
9. Navigational Aids and Boundary Markers. Construction or modification of navigational aids and boundary markers. (Ord. 2349 § 1, 2021; Ord. 2315 § 7, 2020; Ord. 2010 § 1 (Exh. B), 2009; Ord. 1946 § 3, 2005).