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1. Applicability. The provisions of this chapter apply only to lands designated as critical areas within the George corporate limits and urban growth area.

A. Properties containing critical areas are subject to this chapter.

B. When the requirements of this chapter are more stringent than those of other George codes and regulations, the requirements of this chapter shall apply.

C. Where a site contains two or more critical areas, the site shall meet the minimum standards and requirements for each identified critical area as set forth in this chapter.

D. The City shall not approve any land use, building or site improvement permit or otherwise issue any authorization to alter the condition of any land or vegetation, or to construct or alter any structure or improvement in, over, or on a critical area or associated buffer, if the proposed activity does not comply with the requirements of this chapter.

2. Critical Areas. Critical areas potentially located within the City include:

A. Wildlife habitat conservation areas;

B. Geologically hazardous areas;

C. Aquifer recharge areas.

D. Wetlands

3. Buffers. Critical areas include the protective buffer areas to lands identified as critical areas.

4. Reference maps and inventories: The distribution of critical areas within the City are described and displayed in reference materials. These reference materials are intended for general information only and do not depict site-specific designations. These reference materials include but are not limited to the following:

A. Maps:

1. Any maps created through a critical areas review process;

2. WDFW Priority Habitats and Species maps, as amended;

3. USGS Quadrangle maps;

4. Flood Insurance Rate maps (FEMA), as amended;

5. Flood Boundary and Floodway maps (FEMA), as amended;

6. Aerial photographs;

7. USFWS National Wetland Inventory maps, as amended;

8. Columbia Basin Ground Water Management Area maps, as amended;

9. Columbia Basin Irrigation Project Topography and Retracement Maps from 1939-1943 and from 1960, as well as other pre-construction and construction maps developed for the Project.

10. Previously completed maps in the vicinity of a permit application.

11. City of George Wellhead Protection Map as amended.

B. Documents:

1. Flood Insurance Study for Grant County, as amended;

2. City of George Comprehensive Plan, as amended;

3. Natural Resources Conservation Service Soil Survey for Grant County;

4. Washington State Wetlands Identification and Delineation Manual (WDOE #96-94), as amended;

5. Washington State Wetlands Rating System for Eastern Washington (Revised, Publication #04-06-015, August 2004), as revised;

6. Management Recommendations for Washington’s Priority Habitats and Species (WDFW) as amended;

7. Management Recommendations for Washington’s Priority Habitats –Wetlands (WDFW) as amended;

8. Previously completed special reports conducted in the vicinity of a permit application;

9. Columbia Basin Groundwater Management Area Plan, as amended.

10. Water System Plan as amended.

5. Use of Existing Procedures and Laws. The following laws and procedures shall be used to implement this chapter:

A. George Municipal Code. Development activity regulated by Title 18, Subdivisions, and Title 19, Zoning, that will occur within a protected critical area or critical area buffer shall comply with the provisions of this chapter.

B. The State Environmental Policy Act (SEPA), Chapter 43.21C RCW. Development activity that is likely to have a significant adverse impact upon identified critical areas regulated by this chapter shall not be categorically exempt from SEPA review and shall demonstrate compliance with this chapter.

6. State and Federal Agency Review. Regulated activities subject to this chapter shall be routed to appropriate state and federal agencies for review and comment as required through the SEPA review process.

7. Applicability by Activity. The level of review required for uses or activities is established under this chapter.

A. Exempt (E). Activities or uses that are exempt require no review and do not need to meet the standards of this chapter.

B. Review Required (RR). Activities and uses that are categorized as “review required” must comply with the standards of this chapter but no special report is needed. Determination of compliance with this chapter shall be determined through the review process required for the underlying development permit application.

C. Critical Area Report (CAR). For activities where a critical area report is required, the applicant must submit a report consistent with this chapter and with the underlying development application and will submit additional application fees consistent with the adopted fee schedule.

D. The City Planner shall have the discretion to determine whether the proposed activity may adversely impact protected critical areas and/or their buffers and shall assign the appropriate level of review, exempt, review required, or critical areas report. The decision of the City Planner may be appealed to the City Council.