HomeMy WebLinkAbout2688 Establishing a Minor Activities Permit and Waiver Criteria for Activities within Environmentally Sensitive Areas (ESAs)Ordinance No. 2688
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING SECTIONS 19.05.020,
DEFINITIONS, .030 GENERAL PROVISIONS, AND.040, SENSITIVE AREA PERMIT
REQUIREMENTS, OF CHAPTER 19.05, ENVIRONMENTALLY SENSITIVE AREAS, OF
THE PORT TOWNSEND MUNICIPAL CODE TO EXPAND THE SCOPE OF ACTIVITIES
SUBJECT TO THIS CHAPTER, ESTABLISH A "MINOR ACTIVITIES' PERMIT AND
WAIVER CRITERIA, AND CLARIFY CERTAIN PROVISIONS
WItEREAS, Chapter 19.05 PTMC, Environmentally Sensitive Areas, can be read to require
a triggering permit before the City can require a permit for certain land alterations within an ESA;
and
WHEREAS, although a clearing and grading permit under the Uniform Building Code ([IBC)
covers some land alterations, the LIBC threshold is often higher than is desirable within an ESA;
and
WItEREAS, the City Council desires to amend the ESA ordinance to clearly make the F. SA
permit requirements applicable to certain defined land alterations within an ESA which have the
potential for degrading the environment; and
WltE~S, the City Council desires to set a reasonable threshold for activities within ESA's
which are not associated with another development permit; and
WHEREAS, the City Council desires to clarify various ambiguous provisions of the ESA
ordinance; and
WIW~REAS, in expanding the scope of the activities subject to ESA permits, the City Council
desires to establish a "minor activities" permit for certain minor or temporary activities within
F_SAs; the Council finds that such activities should be regulated, but should be a Type I permit
process and be subject to a lesser fee because they require only limited staff time and have no off-
site impacts necessitating notice to adjoining property owners; and
WI-IE~, the City Council desires to establish provisions whereby the BCD Director can
waive the requirements of chapter 19.04 in limited, defined situations; and
WHEREAS, the I_.and Use Committee has reviewed the amendments to the ESA ordinance
and has unanimously recommended its approval; and
WHEREAS, the Planning Commission has reviewed the amendments to the F_SA ordinance
and has unanimously recommended its approval,
NOW, THEREFORE, the City Council of the City of Port Townsend does ordain as follows:
SECTION 1. Section 19.05.020, Definitions, is revised to add "mapped areas," as follows:
"Mapped areas." For the pu _rposes of this chapter, the term shall mean areas map_~.xt as
environmentally sensitive on any one of the following sources: (1) city inventory, of
Environmentally Sensitive Areas available at the city BCD department; (2) federal and state
agency maps upon which the city's ESA maps are based, including but not limited to, floodplain
mapping by the Federal Emergency Management Agency or the National Flood Insurance
Program; geologically hazardous areas mapped by the United States Department of
Agriculture/Soil Conservation Service, the Washington State Department of Ecology, Department
of Natural Resources, and the U.S. Geologic Service; priority habitat and s~r~ecies mapping by the
Department of Wildlife, Washington State Department of Ecology or Department of Natural
Resources; (3) sp~ial re~r~orts prepared by a qualified sensitive area consultant; and (4) any map
adopted by the city. (Ord. 2688 § 1, 1999)
SECTION 2. Section 19.05.030, General provisions, subsection C is hereby amended to read
as follows:
19.05.030 General provisions.
This Section contains provisions of this chapter that pertain to all applications thereof.
A. Greater Restrictions.
1. When any provision of any other chapter of this code conflicts with this chapter, that
chapter which provides more protection to environmentally sensitive areas shall apply. Any
easements, covenants or deed restrictions to which the city is a party, which contain provisions
more restrictive than this chapter, shall be enforced by the city unless such easements, covenants
or deed restrictions are specifically modified by the city council.
B. Interpretation.
1. The provisions of this chapter shall be held to be minimum requirements in their
interpretation and application and shall be liberally construed to serve the purposes of this chapter.
The Washington State Environmental Policy Act and the regulations of other governmental
agencies may supplement these requirements.
C. ~ Development proposals.
1. This chapter applies to A~all development proposals ~ which contain
environmentally sensitive areas and associated buffers wholly or partially on-site, whether public
or private, unless otherwise exemmed or waived by this chamer, -'--' ...... ~ ..... :"- 'die
. ~llO~l.l WlLII
rcquiren~¢nts and },~-i,~,~ ~,, [,-~ ,~-,~},[~,. For the purposes of this chapter, development
proposals may include },*,,t,,,~,~ w,,,,,,, requke any of the following permits: a building permit,
clearing and grading permit, Shoreline substantial development permit, rezone, conditional use
permit, variance, lot line revision, PUD, short and long subdivisions, street and utility
2 Ord. 2688
development permits, or any development subject to stormwater drainage requirements under
PTMC Title 16.
2. The following activities may also be considered a development proposal under this
chapter.
a. Alteration of any critical slope. Critical slope is determined by measuring the
vertical rise over any 40-foot horizontal run for a specific area that results in a percentage of 40
or more. The critical slope hazard areas include the area of land that extends for 10 horizontal
feet from the top and toe of the slope.
b. Alteration of the following m~ped areas: fish and wildlife habitat areas, frequently
flooded areas and critical drainage corridors; steep slopes, landslide and erOsion hazard areas; or
wetland/wetland buffers which involve:
i. Any alteration in such close proximity to a regulated wetland or critical
drainage corridor that the BCD director determines may adversely impact the function and value
of the wetland or critical drainage corridor (generally within 150 feet of a wetland and 50 feet of
a critical drainage corridor);
ii. Alteration of 1,000 square feet or more; or
iii. Fill and/or excavation involving 50 cubic yards or more of material.
Quantities of fill and excavation are separately calculated and then added together, even if
excavated material is used as fill on the same site.
c. Prior to an applicant's fulfilling the requirements of this chapter, the city shall not
grant any approval or permission to conduct development or use in a sensitive area and its buffer.
~ D. State Environmental Policy Act (SEPA). This chapter establishes minimum standards which
are to be applied to specific land use and platting actions in order to prevent further degradation
of environmentally sensitive areas in the city, and is not intended to limit the application of the
State Environmental Policy Act (SEPA). Projects subject to SEPA shall be reviewed and may also
be conditioned or denied pursuant to Chapter 19.04 PTMC.
~3 E. Shoreline Management Act (SMA). This chapter establishes minimum standards to be applied
to specific land uses which may also be within the jurisdiction of the city's Shoreline Master
Program, and is not intended to limit the application of the SMA. Projects waterward of the
ordinary high water mark (OHWM) are subject to the provisions of the SMA but exempt from the
standards of this chapter. The environmentally sensitive area maps delineate sensitive areas
waterward of the OHWM for reference purposes only to be used in the application of the
Shoreline Master Program permit process. The information contained on the environmentally
sensitive area maps is intended to be relevant and useful in the administration of the city's
Shoreline Master Program regulations.
t~ F. Procedures Manual. The BCD director is authorized to adopt written rules and procedures,
as more fully set forth in a procedures manual, for the purpose of carrying out the provisions of
this chapter.
3 Ord. 2688
E G. City Inventory of Environmentally Sensitive Areas.
1. This chapter shall apply to all environmentally sensitive areas and their associated buffers
located within the jurisdiction of the city.
2. The approximate location and extent of environmentally sensitive areas will be displayed
on various inventory maps available at the city BCD department. These maps will be updated as
inventories are completed in compliance with the requirements of the Growth Management Act.
3. Maps and inventory lists are not complete and are to be considered only as guides to the
general location and extent of environmentally sensitive areas. Maps will be used for a preliminary
determination to suggest the presence or absence of an environmentally sensitive area. However,
where additional properties containing features meeting the definitions of environmentally sensitive
areas contained in this chapter are identified by the city, properties containing such
environmentally sensitive areas shall be subjected to the requirements of this chapter. Where
mapped areas are confirmed through an advance determination under this chapter or through site
visits and analysis of other available data as part of a permit application to not actually contain
sensitive areas, the provisions of this chapter shall not apply. (Ord. 2688 § 2, 1999; Ord. 2535
§ 2, 1996; Ord. 2319 § 1, 1992).
SECTION 3. Section 19.05.040, Sensitive area permit requirements, and subsections A and
B are hereby amended to read as follows:
19.05.040 Sensitive area permit requirements.
Pursuant to this chapter, a sensitive area permit is required for any development proposal
whenever any portion of the site is within an environmentally sensitive area or required buffer
area. If all development and construction activities are proposed outside the environmentally
sensitive area and are to occur at a distance which is substantially greater than the applicable
buffers and setbacks required under the provisions of this chapter, the director may waive the
requirement to obtain a sensitive area permit upon a finding that no useful purpose would be
served by the permit requirement in the case at hand. A single-family residence which requires
a sensitive area permit is exempt from SEPA review.
A. Permit Required.
~ Unless exempt from this chapter, or unless a waiver is granted under this chapter,
no person, party, firm, corporation or public agency shall undertake any development proposal,
as defined in PTMC 19.05.030C within an environmentally sensitive area and its buffer, unless
the work is in accordance with a valid permit from the city issued pursuant to the provisions of
this chapter.
2. Minor activities permit. Notwithstanding any other provision of this chapter, the BCD
director may, in his or her discretion, issue a minor ESA permit, with conditions or limitations
as determined by the director. Minor permits may be granted only where the proposed activity
is: (1) minor in nature (such as utility crossings or minimal new landscaping) or creates only
temporary, impacts, and will have no off-site impacts; or (2) purely a restoration project not
4 Ord. 2688
required for mitigation of impacts. Minor permits shall be processed as Type I permits and must
be accompanied by the fee set forth in Chapter 20.09 PTMC. Minor permits are not subject to
the notice rem_uirement of Section 19.05.050(C) of this chapter.
B. Exemptions and waivers.
1. Exemptions. The following development shall be exempted from the provisions of this
chapter and the administrative rules.% provided however that for subsections .Co) through (p), the
.activities shall be conducted in a manner consistent with best management practices (BMPs) and
the city's engineering design standards. Further if the BCD director determines that the activity
needs to be limited or conditioned to ensure that impacts do not occur, a minor activities permit
pursuant to section 19.05.040A(2) of this chapter shall be required. Exemption from an ESA
permit does not grant approval or authorization for any work to be done in any manner which may
violate any laws or ordinances of the city of Port Townsend.
al. Actions necessary when the director determines there is an emergency that threatens
the public health, safety and welfare..,--exeept-e Emergency repairs to electric, liquid petroleum
gas facilities, communications facilities and telephone utility services will-not require permits nor
the approval of the director~
11,2. Remodeling, reconstruction or replacement of structures and improvements that do
not meet the requirements of this chapter; provided, that such activity does not increase the
potential impact to an environmentally sensitive area or its buffer. '"~-~.~- ,,l~g,,~4' ...... may ..,g"-" or
lllllJl~JYg>lllg~llt;~ tV ¢II;~UlIG tll,nt lllllJtaWti~ do iiO~
fi3. New accessory structures and additions to structures whose development coverage
does not exceed an additional 250 square feet of impervious surface in the aggregate after the
hapter '~-
effective date of the ordinance codified in this c .
dq:. An application for a building permit for a lot within a development for which an
environmentally sensitive area study meeting the requirements of this chapter has been prepared
and accepted by the city as part of a development proposal within the last three years; provided,
that the previous study evaluated the type and extent of development proposed to occur on the lot.
Other studies, such as SEPA documents or studies, may be accepted by the director if they are
found to meet the requirements for environmentally sensitive areas studies. ~'-' .......... :-~- ~- --
1111~U~.~
K~2kK~IIIt~ LEUII
eh. Existing agricultural activities, If a site has remained idle for more than 10 years
from the date of the adoption of the ordinance codified in this chapter, it is no longer considered
agricultural;
~6. Maintenance or reconstruction of existing opened roads and associated storm drainage
facilities which would be exempt under WAC 197-11-800(2)(a), (b), and (c); provided, that
reconstruction does not involve significant expansion of facilities, mad
Ugi~g lll~,ll,n~K~lllgllg IJl~.~.,gl~,~i~ gU ~.¥UIU J~Ofi lllll. J~l.~g~, ~i.11~, 1~ UlIUglla3.1~gll ~'ILII gllg ~I.I~IJIU¥~U. UI gllg
~-1'~"~;
5 Ord. 2688
gq. Maintenance or replacement of existing city utility lines; provided, that replacement
occurs within the same right-of-way or easement, a~id is u.,~,,,~,~, pursuant ~o
IJIa:i.~LI~;;~ LIO tiYUlU J-~O/'X IIIIIJtlt~L~~
hS. Ordinary maintenance and replacement of electric, natural gas, cable communications
teleph t~treafi3'firrpta~ ............. '-
and one lines and facilities ---'-,~.~. ....... -.,~.~---'~,~.. .... },.. o.o~.L a,
-'--- ' '- ...... ~' ............ " ....... ''--- S b tantial eb ildi f
line segment shall be exempted where plans for the development are submitted to the director
along with a schedule for the work and it is verified that the work consists only of replacement
of structures already in place with similar facilities;
fl~GIII6~G 1~6~1~11 GAI~ Wlllbll Will I~OUG llll~6b~ ~11 ~II~IIPlIIIIGII~I~
m~. ~ -' .... ' .... ~ ...... ' ..... ~' ........... ' --" - - pip
~ ' aoo ......... '--"--' ....... '-- ' ---'-'-'
·
i. Routine landscape maintenance of existing landscaped areas, including pruning,
weeding, planting, provided natural drainage patterns and topography are not altered. This does
not include clearing or grading in order to develop or expand such activities in sensitive areas nor
alteration of areas designated for retention as a condition of permit approval. Use of pesticides
and herbicides is discouraged.
j. Preliminary. mapping, survey work and subsurface exploration that result in
insienificant disturbance of veeetation and soil.
k. Land clearing ordered by the city council for abatement of a public nuisance.
1. Removal of noxious weeds as listed by the state in 16-750, Washington Administrative
Code.
m. Removal of invasive s?..cies as part of a restoration project designed to improve the
quality of an ESA and conducted in a manner accepted by agencies with jurisdiction over the
n. Removal of dead or diseased trees and vegetation within 50 feet of a permitteA
structure provided that the a!~plicant receives ~rmission from the Department of Fish and Wildlife
for removal of vegetation used for nesting and/or roosting by a priority species.
a. The BCD director, at his or her own initiative or, at the request of the property owner,
u.r~n payment of the fee set forth in ChaPter 20.09 PTMC, may waive the requirement to obtain
an ESA permit provided the applicant can demonstrate the following:
6 Ord. 2688
i. the development proposal is to be conducted in an isolated, self contained area
where there is no danger to private or public property and negligible impact to the environment;
or:
ii. development regulations and other applicable laws provide adequate assurance
that the project will be develop~ consistent with this chapter such that no useful pu ~rpose would
be served by the permit requirement in the case at hand; or
iii. Relocation of electric facilities, lines, equipment or a~ourtenances, not including
substations, with an associated voltage of 55,000 volts or less may be waived when the location
is approved by the director and no practicable alternative location exists which will reduce impacts
on environmentally sensitive areas; or
iv. Relocation or installation of natural gas, cable communication, gas and
telephone facilities, lines, pipes, mains, equipment or appurtenances may be waived when the
utility involves a conduit of two inches or less, a trench of two feet in width or less, and a
construction corridor width of five feet or less; the location is approved by the director and no
practicable alternative exists which will reduce impacts on environmentally sensitive areas;
b. The director shall document the waiver in the project file or project log. A waiver
from a ESA permit does not grant approval or authorization for any work to be done in any
manner which may violate any laws or ordinances of the City of Port Townsend including but not
limited to Chapter 5, Clearing. Grading and Erosion Control of the cr~gineering design standards
which requires implementation of BMPs to control erosion and sedimentation. The waiver may
limit or condition on-site activities to ensure that impacts to the ESA do not occur.
C. Existing Structures and Improvements. Structures and improvements in existence on the date
the ordinance codified in this chapter becomes effective and that do not meet the setback or buffer
requirements of this chapter for any defined environmentally sensitive area shall be considered
legal nonconforming uses.
D. Application Requirements and Delineations.
(Ord. 2688 § 3, 1999; Ord. 2535 § 3, 1996; Ord. 2319 § 1, 1992).
[NOTE: NO OTHER REVISIONS TO REMAINING 19.05.040]
SECTION 4. Severability. If any provision of this ordinance or its application to any person
or circumstance is held invalid, the remainder of the ordinance, or the application of the provision
to other persons or circumstances is not affected.
This ordinance shall take effect and be in force 30 days after the date of its publication in the
manner Provided by law.
7 Ord. 2688
Read for the first, second, and third times and adopted by the City Council of the City of Port
Townsend, Washington, at a regular meeting thereof, held this 1st day of February, 1999.
Attest:
Pam Kolacy, City Clerk~~
02/02/99 Ord{ 1905020.doc}
Jul~,/cCulloch, Mayor
Appro ved~_~ C'orm :~~/ ~~ ~~, A~~y
~mothy "~/
8 Ord. 2688