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Washoe
County Development Code January 23, 2001
SIGNIFICANT
HYDROLOGIC RESOURCES Page 418-1
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SIGNIFICANT
HYDROLOGIC RESOURCES Page 418-1
Article 418
SIGNIFICANT HYDROLOGIC RESOURCES
[This article added by Ord. 1112, provisions eff. 2/15/01.]
Sections:
110.418.00 Purpose
110.418.05 Applicability
110.418.10 Exemptions
110.418.15 Perennial Streams Buffer Areas
110.418.20 Critical Stream Zone Buffer Area Development Standards
110.418.25 Sensitive Stream Zone Buffer Area Development Standards
110.418.30 Special Review Considerations
110.418.35 Common Open Space Development
110.418.40 Modification of Standards
Section 110.418.00 Purpose. The purpose of this
article, Article 418, Significant Hydrologic Resources, is to regulate
development activity within and adjacent to perennial streams to ensure
that these resources are protected and enhanced. This article establishes
standards for use of land in "critical stream zone buffer area"
and "sensitive stream zone buffer area" to preserving and
protecting perennial streams within Washoe County to implement a policy
of “no net loss” of significant hydrological resource size,
function and value. The purpose of requiring perennial stream buffer
areas is to recognize that many uses directly adjacent to a hydrologic
resource may compromise the integrity of the resource through various
negative features endemic to the specific use. Negative activities in
the buffer areas may impact the quality or quantity of the existing
hydrology, soil characteristics, vegetation communities or topography
thereby jeopardizing the resource’s functions. The intent of these
regulations is to protect the public health, safety and welfare by:
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(a)
Preserving, protecting and restoring the natural functions of
existing perennial streams in Washoe County;
(b) Reducing the need for the expenditure of public
funds to remedy or avoid flood hazards, erosion, or other situations
caused by inappropriate alterations of streams;
(c) Ensuring the natural flood control functions of
perennial streams including, but not limited to, stormwater retention
and slow-release detention capabilities are maintained;
(d) Ensuring stormwater runoff and erosion control
techniques are utilized to stabilize existing stream banks, reduce
downstream sediment loading, and ensure the safety of people and
property;
(e) Ensuring the natural water quality functions of
perennial streams including, but not limited to, pollution filtering,
groundwater recharge, nutrient storage, nutrient recycling capabilities,
and sediment filtering capabilities are not impacted by existing
and proposed developments;
(f) Encouraging common open space developments to
avail hazardous or
environmentally sensitive areas, protect important habitat and
open space areas, and minimize impacts on groundwater recharge
areas;
(g) Establishing buffer areas around all significant
hydrological resource areas to ensure the resource is not jeopardized
or degraded by adjacent offsite development activity;
(h) Ensuring a no net loss of value, acreage and function
of each different significant hydrological resources is adhered
to; and
(i) Identifying, establishing and managing perennial
streams as mitigation sites for destroyed or degraded hydrological
resources.
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Section 110.418.05 Applicability. The provisions set forth in this
article shall apply as follows:
(a) Area of Applicability. The provisions of Article 418
shall apply to all properties containing either perennial streams,
or an established buffer area surrounding one of the perennial streams,
as identified on Map 110.418.05.1, Significant Hydrologic Resources.
All new development that requires permitting or review by the County
shall be reviewed for compliance with the significant hydrologic resource
standards. No variance to the significant hydrologic resource standards,
pursuant to Article 804, Variances, shall be processed or approved.
Refer to Section 110.418.40 Modification of Standards.
In
determining the location of the above-designated streams, staff
shall use:
(1) Published United States Geological Service (USGS)
topographic maps, either in 7.5 minute or 15 minute series, to assist
in the interpretation of location of significant hydrologic resources.
(2) A determination of the location of a perennial stream
resulting from a delineation of wetlands and/or waters of the United
States made by the United States Army Corps of Engineers under the
provisions of Section 404 of the Federal Clean Water Act, shall
be considered the perennial stream crossing any parcel of land.
(3) Field survey by land surveyor or professional engineer
licensed and qualified to perform a survey.
(b) Relationship to Other Restrictions. The requirements
established in this article are not intended to repeal, abrogate,
supersede or impair any existing federal, state or local law, easement,
covenant or deed restriction. However, if this article imposes greater
or more stringent restrictions, the provisions of this article shall
prevail. Specifically, if an applicant also acquires authorization
under Section 404 of the Clean Water Act from the United States Army
Corps of Engineers, the applicant shall meet any greater or more stringent
restrictions set forth in this article in addition to and independent
of the restrictions of such permit.
(c) Application of this Article to the Tahoe Planning
Area. The provisions of this article may be waived by the Department
of Community Development for development in areas under the jurisdiction
of the Tahoe Regional Planning Agency (TRPA) as long as "stream
environment zones" are regulated by TRPA.
(d) Application of this Article to the Truckee River.
The provisions of this article do not apply for development along
the Truckee River from the California/Nevada state line to the terminus
in Pyramid Lake.
(e) Application of this Article to the High Desert Planning
Area. The provisions of this article do not apply for development
in the High Desert planning area.
(f) Impact on Land Use Designations. The provisions of
this article shall neither be used as justification for changing a
land use designation nor be used to reduce the development density
or intensity otherwise allowed by the land use designation of the
property, subject to the provisions and limitations of this article.
Section 110.418.10 Exemptions. The following are exempt
from the provisions of this article:
(a)
All existing allowable or permitted use of any single family, detached,
residential structure, including interior renovation, and replacement
upon catastrophic damaging event, and all related accessory uses (e.g.
garages, barns, corrals, storage sheds) constructed or under construction
with a valid building permit prior to (effective date of this ordinance).
(b) All projects with an approved special use permit,
any map to divide land, design standards handbook and/or development
agreement, currently active (not expired) and having obtained approval
or having submitted a valid discretionary permit application prior
to (effective date of this ordinance).
Section 110.418.15 Perennial Streams Buffer Areas. Perennial
stream buffer areas are established to provide adequate setbacks and
land use controls to ensure water quality functions of each perennial
stream are not jeopardized through development activity. To limit significant
impacts adjacent to hydrological resources, two (2) buffer areas are
hereby established—the "critical stream zone buffer area"
and the "sensitive stream zone buffer area". All proposals
to develop uses within the critical stream zone buffer area and/or the
sensitive stream zone buffer area shall submit a site plan with precise
dimensions depicting the boundary line for the buffer areas.
(a) Critical Stream Zone Buffer Area. The critical stream
zone buffer area shall be all land and water surface within thirty
(30) feet from the centerline of the perennial stream. The centerline
of the stream shall be determined by either survey from a licensed
surveyor or by determination of the thalweg (i.e. the line connecting
points of maximum water depth) from a topographic survey, or appropriate
USGS 7.5 minute topographic map covering the site.
(b) Sensitive Stream Zone Buffer Area. The sensitive stream
zone buffer area shall be all land and water surface between the critical
stream zone buffer area boundary of thirty (30) and one hundred fifty
(150) feet from centerline or thalweg of the perennial stream.
Section
110.418.20 Critical Stream Zone Buffer Area Development Standards.
All development in the critical stream zone buffer area shall
be subject to the following standards:
(a) Allowed Uses. Uses allowed within the critical stream
zone buffer area are limited to those uses necessary for providing
community services such as managing and conserving natural resources,
and providing recreational and educational opportunities, including:
(1) Weed control consistent with state and County laws.
(2) Mosquito abatement consistent with state and County
laws.
(3) Conservation or preservation of soil, water, vegetation,
fish and other wildlife habitats.
(4) Outdoor recreation activities such as fishing, bird
watching, hiking and swimming.
(5) Education and scientific research including, but
not limited to, water quality monitoring and stream flow gauging.
(6) Maintenance of an existing public or private road,
driveway, structure or facility, including drainage facilities,
water conveyance structures, dams,fences, trails, and any public
or private utility facility used to provide transportation, electric,
gas, water, telephone, telecommunication, or other including individual
service connections. Written notice shall be provided to the Department
of Community Development at least fifteen (15) days prior to the
commencement of work, and all impacts to the critical stream zone
buffer area are minimized and disturbed areas are immediately restored
to their natural state.
(7) Landscape improvements and maintenance of native
vegetation is allowed within an established critical stream zone
buffer area including the pruning of trees and the removal of dead
vegetation and debris. Ornamental landscaping that would require
fertilizer or pesticide applications for growth and maintenance
is not permitted within the critical stream buffer zone area.
(8) Landscaping area requirements in accordance with
Article 412, Landscaping, may be satisfied by using the natural,
undisturbed or restored critical stream zone buffer area to count
towards the required area to be landscaped for new residential,
civic, commercial, industrial or agricultural use types. Parking
and loading areas on the developed portion of the site shall continue
to require landscaping. Open space requirements in accordance with
Article 432, Open Space Standards, may be satisfied by using the
natural, undisturbed or restored critical stream zone buffer area.
(9) Continuation of existing agricultural operations
such as the cultivation and harvesting of hay or pasturing of livestock,
or change of agricultural practices such as the relocation of an
existing pasture fence, which has no greater impact on perennial
stream water quality.
(10) Perimeter fencing on a property boundary with a
valid building permit pursuant to approval by the County Engineer
to ensure that obstruction to stream flows has been avoided.
(b) Permitted Uses Requiring a Planning Commission Approved
Special Use Permit Subject to the Provisions of Article 810, Special
Use Permits. Subject to the regulatory zone in effect for the property
establishing the uses as specified in Article 302, Allowed Uses, the
following use types may be permitted in the critical stream zone buffer
area pursuant to a special use permit being issued by the Washoe County
Planning Commission according to the provisions of Article 810, Special
Use Permits, and this article. Any construction in the critical stream
zone buffer area will require submission of a grading plan showing
compliance with applicable best management practices as defined by
the Washoe County Department of Public Works to minimize stream bank
and stream bed erosion. The grading plan shall also be designed to
prevent construction drainage and materials from increasing sedimentation
impacts to the stream environment and to minimize impervious surfaces.
(1) Construction or enlargement of any public or private
roads, driveway, structure or facility including drainage facilities,
water conveyance structures, dams, trails and any public or private
utility facility used to provide transportation, electric, gas,
water, telephone, telecommunication or other services.
(2) Civic Use Types. Civic uses classified under the
utility services, nature center, active recreation, passive recreation
and safety services use types may be permitted in the critical stream
zone buffer area.
(c) Prohibited Uses. Due to the incompatible nature of
certain uses (i.e. ground disturbance, untreated water discharge,
hazardous materials, chemical contamination, scale of use, traffic,
etc.) and the potential negative impacts on the perennial stream and
adjoining critical stream zone buffer area, all new construction and
development uses not listed in either the allowed or permitted section
of this article shall not be established in the critical stream zone
buffer area.
(1)
Residential, Civic, Commercial, Industrial and Agricultural Use
Types. All new residential, civic, commercial, industrial and agricultural
use types not listed as allowed or permitted uses are prohibited
in the critical stream zone buffer area. Specifically prohibited
industrial uses include:
(i)
Aggregate facilities - permanent.
(ii) Aggregate facilities - temporary.
(iii) Energy production.
(iv) General industrial - heavy.
(v) Inoperable vehicle storage.
(vi) Mining operations.
(vii) Salvage yards.
(viii) Wholesaling, storage and distribution - heavy.
(2) Parking and Ornamental Landscaping. All new parking
and ornamental landscaping areas to fulfill the minimum requirements
for new residential, civic, commercial, industrial or agricultural
use types shall be prohibited in the critical stream zone buffer
area.
(3) Fences. In order to prevent livestock from destroying
the stream bank slope, all new perpendicular-oriented fences except
as provided in Section
110.418.20(a)(10) shall be prohibited in the critical stream zone
buffer area. Fencing that is parallel to the stream and is designed
to keep livestock from access to the water and stream bank may be
permitted after review and approval by the Department of Community
Development.
Section 110.418.25 Sensitive Stream Zone Buffer Area Development
Standards. All development in the sensitive
stream zone area shall be subject to the following standards:
(a)
Allowed Uses. All allowed uses within the critical stream zone buffer
area are also allowed in the sensitive stream zone buffer area. Additional
allowed uses in the sensitive stream zone buffer area include:
(1) Single family, detached residential uses and all
related accessory uses associated with the single family residence
requiring a building permit issued by the Washoe County Building
and Safety Department. Attached or detached accessory dwellings
in conformance with Article 306, Accessory Uses and Structures,
may also be erected within the sensitive stream zone buffer area.
New building structures such as storage sheds and gazebos that,
due to their minimum floor area, do not require a building permit
issued by the Washoe County Building and Safety Department may also
be erected within the sensitive stream zone buffer area.
(2) Landscaping area requirements in accordance with
Article 412, Landscaping, including ornamental landscape planting,
may be satisfied by using the sensitive stream zone buffer area
to count towards the required area to be landscaped for new residential,
civic, commercial, industrial or agricultural use types. Parking
and loading areas on the developed portion of the site shall continue
to require landscaping. Open space requirements in accordance with
Article 432, Open Space Standards, may be satisfied by using the
natural, undisturbed or restored sensitive stream zone buffer area.
(3) New fencing, constructed in accordance with Washoe
County Code.
(b) Permitted Uses Requiring a Planning Commission Approved
Special Use Permit Subject to the Provisions of Article 810, Special
Use Permits. Subject to the regulatory zone in effect for the property
establishing the uses as specified in Article 302, Allowed Uses, all
new use types may be permitted in the sensitive stream zone buffer
area pursuant to a special use permit being issued by the Washoe County
Planning Commission according to the provisions of Article 810, Special
Use Permits, and this article. The special use permit requirement
is also applicable to construction or enlargement of any public or
private roads, driveway, structure or facility including drainage
facilities, water conveyance structures, dams, trails, and any public
or private utility facility used to provide transportation, electric,
gas, water, telephone, telecommunication or other services. New residential,
commercial and industrial subdivisions processed in accordance with
Article 608, Tentative Subdivision Maps, shall not require the concurrent
processing of a special use permit, as long as the "Special Review
Considerations" of this article are addressed in the tentative
subdivision map review. Any construction in the sensitive stream zone
buffer area will require submission of a grading plan showing compliance
with applicable best management practices as defined by the Washoe
County Department of Public Works to minimize stream bank and stream
bed erosion. The grading plan shall also be designed to prevent construction
drainage and materials from increasing sedimentation impacts to the
stream environment and to minimize impervious surfaces.
(c) Prohibited Uses. Due to the incompatible nature of
certain uses (i.e. ground disturbance, untreated water discharge,
hazardous materials, chemical contamination, scale of use, traffic,
etc.) and the potential negative impacts on the perennial stream and
adjoining sensitive stream zone buffer area, the following uses shall
not be established in the sensitive steam zone buffer area:
(1) Aggregate facilities - permanent.
(2) Aggregate facilities - temporary.
(3) Energy production.
(4) General industrial - heavy.
(5) Inoperable vehicle storage.
(6) Mining operations.
(7) Salvage yards.
(8) Wholesaling, storage and distribution - heavy.
Section 110.418.30 Special Review Considerations.
In addition to the findings required by Article 810, Special Use Permits,
prior to approving an application for development in the critical stream
zone buffer area or the sensitive stream zone buffer area, the record
at the Planning Commission shall demonstrate that the following special
review considerations are addressed:
(a) Conservation of topsoil;
(b) Protection of surface water quality;
(c) Conservation of natural vegetation, wildlife habitats and fisheries;
(d) Control of erosion;
(e) Control of drainage and sedimentation;
(f) Provision for restoration of the project site to predevelopment
conditions;
(g) Provision of a bonding program to secure performance of requirements
imposed; and
(h) Preservation of the hydrologic resources, character of the area
and other conditions as necessary.
Section 110.418.35 Common Open Space Development.
New residential subdivision requests with a protected perennial stream
on the property are encouraged to submit in accordance with the provisions
of Article 408, Common Open Space Development. A tentative subdivision
map that protects the critical stream and the sensitive stream zone
buffer areas in a natural, undisturbed or restored state as part of
the common open space area is presumed to meet the required finding
as specified in Article 608, Tentative Subdivision Map, Section 110.608.25(e)
as follows:
"Fish or Wildlife. That neither the design of the subdivision
nor any proposed improvements is likely to cause substantial environmental
damage, or substantial and avoidable injury to any endangered plant,
wildlife or their habitat".
Section 110.418.40 Modification of Standards. Modification
of standards, including interpretation of the applicability of the standards
in this section, shall be set forth as follows:
(a) Appeals for Errors. The Board of County Commissioners
shall hear and decide appeals when it is alleged there is an error
in any requirement, decision or determination. Appeals shall be processed
under the provision of Article 810, Special Use Permits, Section 110.810.50,
Appeals.
(b) Special Exceptions. The Board of County Commissioners
shall hear and decide requests for special exceptions from the requirements
of this article. In passing upon such applications, the Board of County
Commissioners shall consider all technical evaluations and all relevant
requirements, factors and standards specified in this article and
shall also consider the provisions of this subsection:
(1) The potential degradation of the stream environment.
(2) The danger to life and property due to flooding or erosion damage.
(3) The loss of critical habitat.
(c) Issuance of Special Exception. Special exceptions
shall only be issued when in compliance with the provisions of this
section and the Board of County Commissioners finds:
(1) A showing of good and sufficient cause such as renovation, rehabilitation
or reconstruction of the stream environment; or
(2) A determination that failure to grant the special exception
would result in exceptional hardship to the applicant, such as deprivation
of a substantial use of property and that the granting of a special
exception will not result in degradation of the stream environment.
(d) Extent of Special Exception. Special exceptions shall
only be issued upon a determination that the special exception is
the minimum necessary to afford relief.
(e) Conditions of Special Exceptions. Upon consideration
of the factors set forth in this section and the purpose of this article,
the Board of County Commissioners may attach such conditions to the
granting of special exceptions as it deems necessary to further the
purpose of this article.
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