A. The town council finds that the town contains certain areas that can be identified and characterized as environmentally sensitive or critical. Such areas within the town include wetlands, streams, fish and wildlife habitat, geologic hazards, aquifer recharge and wellhead protection areas, and associated environmentally sensitive area buffers.

B. The town finds that unregulated development patterns may in some cases result in natural disasters which threaten public health and safety, and that by preventing development on certain environmentally sensitive areas the town can better maintain public health, safety and welfare by avoiding natural disasters such as slides and flooding that threaten life and property. In addition, through the prevention of disturbances to environmentally sensitive areas and their buffers which may result in degradation, erosion or damages to protective vegetation, and by preserving features that provide for clean water, fisheries habitat, including near-shore habitat, and wildlife habitat, the town can help maintain a positive ecological balance that provides for the immediate and long-term public welfare. This chapter is intended to preserve the town's important environmental features while allowing development to occur if compatible with and in consideration of these environmentally sensitive areas.

C. The classification and designation of these environmentally sensitive areas is intended to ensure the conservation and protection of environmentally sensitive areas from loss or degradation, and to restrict land uses and development which are incompatible with environmentally sensitive areas. It is the intent of this chapter to designate and protect environmentally sensitive areas.

D. The town finds that these essential environmentally sensitive areas perform a variety of valuable and beneficial biological and physical functions that benefit the town and its residents. The town further finds that the functions of environmentally sensitive areas include the following:

1. Wetland Areas. Wetlands and their associated buffers help to maintain water quality; store and convey stormwater and floodwater; recharge groundwater; provide important fish and wildlife habitat; and provide valuable functions for recreation, education and scientific study and aesthetic appreciation.

a. Wetland buffers serve to moderate runoff volume and flow rates; reduce sediment, chemical nutrient and toxic pollutants; provide shading to maintain desirable water temperatures; provide habitat for fish and wildlife; protect wetland resources from harmful intrusion; and generally preserve the ecological integrity of the wetland area.

b. The primary purpose of the wetland regulations is to avoid impacts to wetlands and their buffers and achieve a goal of no net loss of wetland function, value and acreage; and, where possible, enhance and restore wetlands.

2. Stream Areas. Streams and their associated buffers provide important fish and wildlife habitat and corridors; help to maintain water quality; store and convey stormwater and floodwater; recharge groundwater; and serve a valuable function for recreation, education and scientific study and aesthetic appreciation.

a. The primary purpose of the stream area regulations is to avoid impacts to streams and associated riparian corridors; and where possible, provide for stream enhancement and rehabilitation.

3. Fish and Wildlife Habitat Areas. Identification, preservation and protection of fish and wildlife habitat areas provide opportunities for food, cover, nesting, breeding and movement for fish and wildlife within the town; maintains and promotes diversity of species and habitat within the town; coordinates habitat protection with elements of the town's established open space corridors wherever possible; helps to maintain air and water quality; controls erosion; and serves a valuable function for recreation, education and scientific study and aesthetic appreciation; and contributes to the established character of the town.

a. The primary purpose of fish and wildlife habitat area regulations is to avoid impacts to fish and wildlife and to restore and enhance degraded or lower quality habitat.

4. Geologic Hazard Areas. Geologic hazard areas include lands that are affected by natural processes that make them susceptible to landslides, seismic activity and severe erosion, especially bluff and ravine areas.

a. The primary purpose of geologic hazard area regulations is to avoid and minimize potential impacts to life, property and habitat from geologic hazards and any resulting erosion and sedimentation associated with disturbances through appropriate levels of study and analysis, application of sound engineering principles and regulation or limitation of land uses.

5. Aquifer Recharge and Wellhead Protection Areas. Aquifer recharge and wellhead protection areas provide a source of potable water and contribute to stream discharge during periods of low water flow. Aquifer recharge and wellhead protection areas have been identified which are susceptible to contamination through potential infiltration of pollutants through the soil to groundwater.

a. The primary purpose of aquifer recharge and wellhead protection area regulations is to protect critical aquifer recharge and wellhead protection areas by avoiding land use activities that pose the potential for aquifer contamination; and to minimize impacts to significant recharge areas and to surface water habitat that is dependant of groundwater recharge through the application of strict performance standards.

E. This chapter of the Woodway Municipal Code contains standards, guidelines, criteria and requirements intended to identify, analyze, preserve and mitigate potential impacts to the town's environmentally sensitive areas and to enhance and restore degraded resources, such as wetlands, streams and fish and wildlife habitat, where possible. The standards, guidelines and criteria have been established using "best available science." The intent of these regulations is to avoid impacts to environmentally sensitive areas. In appropriate circumstances, impacts to specified environmentally sensitive areas resulting from regulated activities may be minimized, rectified, reduced and/or compensated for, consistent with the requirements of this chapter and best available science.

1. It is the further intent of this chapter to:

a. Provide standards, guidelines and criteria to guide application of these environmentally sensitive areas goals and policies when considered with other goals and policies of the town Municipal Code and comprehensive plan including those pertaining to natural features and environmental protection;

b. Serve as a basis for exercise of the town's substantive authority under the State Environmental Policy Act (SEPA) and the town's SEPA rules (Chapter 16.04);

c. Comply with the requirements of the Growth Management Act (Chapter 36.70A RCW) and implementing rules; and

d. Coordinate environmental review and permitting of proposals to avoid duplication and delay. (Ord. 00-387 §1(part), 2000)