HomeMy WebLinkAbout2535 Environmentally Sensitive Areas - Best Available Science to Protect Critical Areas'i
Ordinance No....q"~'a?X~
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING
CHAPTER 19.05, ENVIRONMENTALLY SENSITIVE AREAS, OF THE
PTMC TO REQUIRE THAT THE CITY USE THE BEST AVAILABLE
SCIENCE FOR DESIGNATING AND PROTECTING CRITICAL AREAS,
AND TO ENSURE COMPLIANCE OF THE CITY'S PERMITTING
PROCESS WITH THE REGULATORY REFORM ACT, RCW $6.70B
WHEREAS, the Regulatory Reform AcL ESHB 1724, (Chapter 36.70B RCW), requires
that the City establish a permit process that, among other things, combines the environmental
review process with the procedUre for review of project permits; and
WHEREAS, by Ordinance No. 2521, the City adopted new Chapter 20.01, Land
Development Administrative Procedures, to the'Port Townsend Municipal Code consolidating the
permit process and establishing new public notice, hearing and appeals processes consistent with
ESHB 1724; and
WHEREAS, Chapter 19.05 needs minor amendments in order to be consistent with
Chapter 20.01 PTMC,
NOW, THEREFORE, the City Council of the City of Port Townsend does ordain as
follows:
Section 1. Section 19.05.020, Definitions, is hereby amended to read as follows:
19.05.020 Definitions.
For the purposes of this chapter, the following definitions shall apply:
1. "Aggregate setback" means a method of prescribing the front, rear and side yard
setbacks such that the sum of all four setbacks is at least 40 feet. Aggregate setbacks may only be
used if the lot or proposed subdivision and the proposed setbacks meet the criteria set forth in
PTMC 19.05,060.
2. "Agricultural operation" means any bona fide condition, facility or activity for the
production or intent of production for commercial or family use purposes of dairy, apiary,
livestock, vegetable or animal products, and crop products including, but not limited to
ornamental crops.
3. "Alteration" means with respect to environmentally sensitive areas, any
human-induced action which impacts the existing condition of the area. Alteration includes, but is
not limited to:
1. Grading, filling, dredging, draining, channelizing, cutting, topping;
2. Clearing, relocating or removing vegetation;
3. Paving, construction, modifying for surface water management purposes;
4. Human activity that impacts the existing topography, vegetation, hydrology or
wildlife habitat.
4. Alteration does not include walking, passive recreation or similar activities.
5. "Applicant" means a person who files an application for a development permit
under this code and who is either the owner of the land on which that proposed activity would be
located, a contract vendee, a lessee of the land, the person who would actually contro! and direct
the proposed activity, or the authorized agent of such a person.
6. "Aquifer recharge area" means geological and soil formations with recharging
areas having an effect on aquifers used for potable water where a potential source ofdrinking and
ground water is VUlnerable to contamination.
7. "Base flood" means a general and temporary condition of partial or complete
inundation of normally dry land areas having a one percent chance of being equalled or exceeded '
in any given year.
8. "Best management practices (BMPs)" means conservation practices or systems of
practices and management measures that:
1. Control soil loss and protect water quality from degradation caused by nutrients,
animal waste, toxins and sediment; and
2. Minimize adverse impacts to surface water and ground water flow, and
circulation patterns; and
3. Control the movement of sediment and erosion control caused by land alteration
activities; and
4. Minimize adverse impacts to the chemical, physical, and biological
characteristics of environmentally sensitive areas.
9. BMPs are those practices as defined by the State of Washington Department of
Agriculture, Washington State Department of Ecology, Washington State Department of Health,
Jefferson County conservation district, and other professional organizations. Applicable BMPs are
more fully identified in the procedures manual to be adopted by the planning BCD director.
"Buffer" means an area on a landscape adjacent to any environmentally sensitive area which:
1. Physically isolates the environmentally sensitive area from surrounding areas
using distance, height, visual and/or soUnd barriers; and/or
2 Ord.
2. Acts to minimize risk to the public from loss of life, well-being or property
damage resulting from natural disasters associated with the environmentally sensitive area; and/or
3. Protects the functions and values of the environmentally sensitive area from
adverse impacts of adjacent activities; and/or
4. Provides shading, input of organic debris and coarse sediments, room for
variation and changes in natural environmentally sensitive area characteristics; and/or
5. Provides habitat for wildlife; and/or
6. Provides protection from harmful intrusion.
All of these buffer functions protect the public from losses suffered when the functions and values
of environmentally sensitive areas are degraded.
10,
department.
"BCD" means the City of Port Townsend building and community development
11. "Director" shall mean the BCD director or his/her designee.
12. "Building pad" means a portion of a lot which has been altered or designated to
provide an acceptable location for a structure on a short plat, subdivision, or lot line revision or
other development application. This area is determined by criteria set forth in PTMC 19.05.060.
The area must be delineated on all land use approvals or permits.
13. "Classified species" means endangered, threatened and priority species as defined
by the State Department of Wildlife.
14, "Compensatory mitigation" means replacing or rectifying an environmentally
sensitive area impact or buffer loss. Compensatory mitigation can include, but is not limited to
restoration or creation of lost or impacted functional values. Enhancement of environmentally
sensitive areas may be used for partial compensatory mitigation per the requirements of this
chapter.
15, Critical Areas. For the purposes of this chapter, "critical areas" under the GMA are
termed environmentally sensitive areas. Environmentally sensitive areas include aquifer recharge
areas, fish and wildlife habitat conservation areas, frequently flooded areas and critical drainage
corridors, geologically hazardous areas, wetlands and streams. Under the GMA, critical areas are
to be classified, designated and protected. In designating and protecting critical areas, the city
shall use the best available science, consistent with RCW 36,70A, 172,
16, "Critical drainage corridor" or "area" means an area which has been determined
(by the Port Townsend department of public works) to require more restrictive regulation than
City-wide standards afford, in order to mitigate flooding, drainage, erosion or sedimentation
problems which have resulted or will result from the cumulative impacts of development and
3 Ord. No.~g~'~'~'-
urbanization. A critical drainage corridor is characterized as a year-round or intermittent naturally
flowing watercourse which exhibits but is not limited to the following characteristics:
1. A stream or watercourse formed by nature or modified by humans; and/or
2. Generally consisting of a defined channel with a bed for a substantial portion of
its length on the lot; and/or
3. Watercourses which exhibit the above characteristics and have been channelized
or piped; and/or
4. Perched ponds, ravines or other natural drainage features.
17. "Critical facility" means a facility for which even a slight chance of being located
within a hazard area would be too great. Critical facilities include, but are not limited to, schools,
hospitals, police, fire and emergency response installations, nursing homes and installations which
produce, use or store hazardous materials or hazardous waste.
18. "Critical habitat" means habitat areas associated with endangered, threatened or
priority species as defined by the state Department of Wildlife. These habitats, if altered, could
reduce the likelihood that the species will maintain population levels, survive and reproduce over
the long term. Such habitat areas are documented with reference to lists, categories, and
definitions of species promulgated by the Washington Department of Wildlife, or by rules and
regulations adopted currently or thereafter by the U.S. Fish and Wildlife Service.
19, "Cumulative adverse impact" is the impact on the environment which results from
the incremental impact of the action when added to other past, present and reasonably foreseeable
future actions regardless of what agency or person undertakes such other actions. Cumulative
impacts can result from individually minor but collectively significant actions taking place over a
period of time.
20, "Delineation" means a process used to locate and mark an environmentally
sensitive area's edge or boundary in the field. Delineations are valid for a period of three years
from the date that the delineation report is accepted by the City.
21. "Development" means any alteration, grading, filling, building, earth moving, etc.
as is needed to prepare a site for construction, as well as any structure or utility building
operations. Preliminary mapping and survey work that is completed using best management
practices and results in insignificant disturbance of vegetation and soil is not considered to be
development activity.
22. "Director" refers to the director of the City plaiaiing and building and community
development department and his/her designees.
4 Ord.
23, "Enhancement" means an action approved by the director and taken with the
intention and probable effect of improving the condition and function of a sensitive area; such as,
improving environmental functions in an existing, viable, sensitive area by means of increasing
plant diversity, increasing wildlife habitat, installing environmentally compatible erosion controls,
or removing nonindigenous plant and/or animal species. Enhancement of one function should not
result in the degradation of other functions.
24, "Environmentally sensitive areas (ESAs)" are the same as critical areas, as defined
by the Washington State Growth Management Act. These environmentally sensitive areas in Port
Townsend are geologically hazardous areas, frequently flooded areas and critical drainage
corridors, wetlands, aquifer recharge areas, and fish and wildlife habitat conservation areas.
25, "Erosion hazard area" means those areas containing soils which, according to the
USDA Soil Conservation Service, may experience severe to very severe erosion.
26, "Exotic species" means plants or animals that are not native to the Olympic
Peninsula region.
27. "Federal Manual for Identifying and Delineating Wetlands (1989)" means a manual
which describes technical criteria, field indicators and other sources of information, and methods
for identifying and delineating jurisdictional wetlands.
28. "Fish and wildlife hab. itat areas" include but are not limited to, a seasonal range or
habitat element with which a classified species has a primary association, and which, if altered,
may reduce the likelihood that the species will maintain population levels and reproduce over the
long term. These may include areas of relative density or species richness, flyways, breeding
habitat, winter range, migratory routes and wildlife movement corridors.
29. "Frequently flooded areas" means lands subject to a one percent or greater chance
of flooding in any given year or are mapped as such by the Federal Emergency Management
Agency or the National Flood Insurance Program, or areas identified by the public works
department as critical drainage corridors. These areas include, but are not limited to, floodplains,
critical drainage corridors, lakes, coastal areas and wetlands.
30, "Functions" means the beneficial roles served by environmentally sensitive areas
including, but not limited to: water quality protection and enhancement; fish and wildlife habitat;
food chain support; flood storage, conveyance, and attenuation; ground water recharge and
discharge; erosion control; wave attenuation; aesthetic value protection; and recreation.
31, "Geologically hazardous areas" are susceptible to erosion, sliding or other
potentially hazardous geological events. They pose a threat to the health and safety of citizens
when used as sites for incompatible development. Geologically hazardous areas include erosion
hazard areas, landslide hazard areas, steep slopes and seismic hazard areas.
5 Ord. No."xO'~-5~-
32, "Hydric soils" means those soils which are saturated, flooded or ponded long
enough during the growing season to reduce oxygen conditions, thereby influencing the growth of
plants. The presence of hydric soil shall be determined following the criteria and methods
described in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands (1989).
33, "Impervious surfaces" means areas or surfaces that cannot be easily penetrated by
rain or surface water runoff. These areas include structures and roof projections, impervious
decks, roads, driveways, and surfaces which substantially reduce and alter the natural filtration
characteristics of the soil.
34, "Landslide hazard areas" means those areas potentially subject to risk of mass
movement due to a combination of geologic, topographic and hydrologic factors, including
historic slope failures. These areas may be identified in the Port Townsend Comprehensive Plan,
U.S. Geological Service maps, the Department of Ecology Coastal Zone Atlas, or through site
specific indicators or conditions.
35, "Mitigation" means an action which minimizes the impacts by limiting the degree
or magnitude of the alteration with appropriate technology; reduces the impact of the alteration
over time with preservation or maintenance techniques or compensates for the impact of the
alteration by replacing, enhancing, or providing substitute environmentally sensitive areas.
Enhancement of environmentally sensitive areas may be used for partial mitigation per the
requirements of this chapter.
36,
Peninsula.
"Native vegetation" means plant species which are indigenous to the Olympic
37, "Noxious weed" means any plant which is invasive - for example, blackberries or
nettles - and listed on the state noxious weed list in Chapter 16-750 WAC.
38, "Off-site compensation" means to compensate for lost or degraded '
environmentally sensitive areas by creating or restoring these areas at a site other than the one on
which the impacts were located.
39, "On-site compensation" means to compensate for lost or degraded environmentally
sensitive areas by creating or restoring these areas at or adjacent to the site on which the impacts
were located.
40, "Out-of-kind compensation" means to cOmpensate for lost or degraded
environmentally sensitive areas by creating substitute environmentally sensitive areas whose
characteristics do not closely approximate those destroyed or degraded by a development activity.
41, "Peer review" means a review of a submitted environmentally sensitive area report
by a second practicing, licensed professional not associated with the original submittal selected
and retained by the City. The second review must verify the adequacy of the information, the
6 Ord. No.,~,5"_~'~-
adequacy of the analysis, and the completeness of the original checklist. The cost for the peer
review will be borne by the applicant.
42, "Practicable alternative" means an alternative available and capable of being carded
out after taking into consideration cost, existing technology, and logistics in light of overall
project purposes, and having less impacts to environmentally sensitive areas. It may include using
an area not owned by the applicant which can reasonably be obtained, utilized, expanded or
managed in order to fulfill the basic purpose of the proposed development.
43, "Pretreatment facilities." See "wetlands, constructed."
44, "Procedures manual" means a document available at City hall which outlines the
process for determining whether environmentally sensitive areas are present on a lot. It provides
specific application and procedural details for permitting, site development and other requirements
as described in this chapter.
45, "Qualified sensitive area consultant" means a person who has the qualifications
specified below to conduct environmentally sensitive areas studies pursuant to this chapter, and to
make recommendations for environmentally sensitive areas mitigation. For areas of potential
geologic instability, the qualified environmentally sensitive areas consultant shall be a geologist or
civil engineer with demonstrated experience practicing geotechnical engineering. For wetlands the
qualified consultant shall be a specialist in botany, wetland biology or soils and/or hydrology with
a minimum of two years' field experience with wetlands and in delineating wetlands using the
1989 Federal Manual for preparing wetland reports.
46, "Repair" means activities that restore the character, size or scope of a project only
to the previously authorized condition.
47, "Reports and surveys" means required documents prepared by a professional to
delineate areas and make recommendations for environmentally sensitive area delineations and
related regulations:
1. Site inventory and/or survey;
2. Application and site construction plan;
3. Special environmentally sensitive area report;
4. Site mitigation plan;
5. Stormwater control management plan.
48, "Restoration" means actions to return an environmentally sensitive area to a state
in which its stability, functions and values approach its unaltered state as closely as possible.
7 Ord. No.,,~'~'-
49, "Retention/detention facility" means a drainage facility designed either to: (A)
retain runoff for a considerable length of time, and release via evaporation, plant transpiration,
and/or infiltration into the ground; or (B) to detain runoff for a short period of time, and release to
an associated surface/stormwater system at a rate not exceeding predevelopment (historical)
flows.
50, "Seismic hazard areas" includes areas subject to severe risk of damage as a result
of seismic induced ground shaking, slope failure, settlement, soil liquefaction or surface faulting.
Ground shaking is a primary risk, followed by slope failure. Soils on slopes greater than 40
percent that are expected to be seasonally or perpetually saturated pose a specific risk of
settlement, movement, or liquefaction. When saturated, these soils tend to be cohesionless and are
unsuitable for foundations.
51, "Setback" means the distance specified by these regulations between a structure
and a buffer, property line, road, etc.
52. "Significant vegetation" means any tree with a diameter of 10 inches or more at
breast height; native "understory" vegetation from four to 10 feet in height; and, any species listed
in the Washington Department of Wildlife Priority Habitats and Species Program report.
53, "Site" means the entire lot, series of lots or parcels on which a development is
located or proposed to be located, including ali contiguous undeveloped lots or parcels under
common ownership of the applicant, or the client(s) represented by the applicant.
54, "Slope" means an inclined ground surface, the inclination of which is expressed as
a ratio (percentage) of vertical distance to horizontal distance by the following formula:
vertical distance
horizontal distance x 100 = % slope
55, "Species of local significance" means those species that are of local concern due to
their population status or their sensitivity to habitat manipulation or that are game species.
56, "Steep slope" means any area with a combination of slopes greater than 15 percent
with impermeable soils, ground water seepage, or potentially unstable slopes; also, critical slopes
over 40 percent. 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 area includes the area of land that extends for 10 feet from the top and toe of the slope.
57, "Stormwater Management Manual" means The Stormwater Management Manual
for the Puget Sound Basin (July 1992) by the Washington State Department of Ecology.
58, "Swale" means a shallow drainage conveyance facility with relatively gentle side
slopes, and generally flow depths of less than one foot.
8 Ord.
59. Top of Slope and Toe of Slope. The upper edge is defined as the "top of the
slope." The "toe of the slope" is an area 10 feet beyond the lower edge of the critical slope.
60, "Wetland Classification." For the purposes of general inventory, wetlands are
defined by the three criteria defined in the Federal Manual for Identifying and Delineating
Jurisdictional Wetlands (1989).
61, Wetland, Constructed. "Constructed wetlands" means intentional construction of a
wetland on an area that was previously nonwetland for purposes ofwastewater or stormwater
treatment, and managed as such. Examples could include, pretreatment facilities, such as
stormwater retention ponds or grassy swales.
62, "Wetlands" means those areas that are inundated or saturated by ground or surface
water at a frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
include bogs, swamps, marshes, ponds and similar areas. Wetlands do not include those artificial
wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and
drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities,
farm ponds and landscape amenities. However, wetlands may include those artificial wetlands
intentionally created from nonwetland areas created to mitigate conversion of wetlands if
permitted by the City (WAC 365-190-010).
63, "Wetland edge" means the boundary of a wetland as delineated based on the
definitions contained in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands
(1989).
64,
criteria:
stream; and
Wetlands, Isolated. "Isolated wetlands" means wetlands that meet the following
1. Are outside of and not contiguous to any 100-year floodplain of a lake, river, or
2. Have no contiguous hydric soil or hydrophytic vegetation between the wetland
and any surface water; and
3. Have no surface water connection to lake, stream, estuary or marine water
body.
65, Wetlands, Jurisdictional. There is a slight difference between jurisdictional and
regulated wetlands, although in many cases, the terms may be used interchangeably.
"Jurisdictional wetlands" are those wetlands that meet the three criteria defined in the Federal
Manual for Identifying and Delineating Jurisdictional Wetlands (1989) - they have hydric soils,
wetland hydrology and hydrophytic vegetation. They have no minimum size limitation. "Regulated
wetlands" are those jurisdictional wetlands that have a minimum size limit.
9 Ord.
66, Wetland Rating. The rating for a wetland is as defined in the Washington State
Wetlands Rating System For Western Washington, October 1991. (See the procedures manual.)
67, Wetlands, Regulated. "Regulated wetlands" include:
1. All category I wetlands;
2. All category II and III wetlands that are greater than 5,000 square feet;
3. All category IV wetlands greater than 10,000 square feet. (Ord. __
1996; Ord. 2319 § 1, 1992).
§1,
Section 2.
follows:
Section 19.05.030, General provisions, is hereby amended to read as
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. Applicability.
1. All development proposals or subdivisions which contain environmentally
sensitive areas and associated buffers wholly or partially on site, whether public or private, shall
comply with the requirements and purposes of this chapter. For the purposes of this chapter,
development proposals include proposals which require any of the following: 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 development permits,
or any development subject to stormwater drainage requirements under PTMC Title 16. Prior to
10 Ord. No
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.
2. 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 PTMC Title. 19~04
3. 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.
D. 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.
E. 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 plaiining aad building 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. __ § 2, 1996; Ord. 2319 § 1, 1992).
11 Ord. No.
Section 3.
to read as follows:
Section 19.05.040, Sensitive area permit requirements, is hereby amended
19.05.040 Sensitive area permit requirements.
Pursuant to this chapter, a sensitive area permit is required for any development 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, 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.
B. Exemptions. The following development shall be exempted from the provisions of this
chapter and the administrative rules:
1. Actions necessary when the director determines there is an emergency that
threatens the public health, safety and welfare, except emergency repairs to electric, liquid
petroleum gas facilities, communications facilities and telephone utility services will not require
permits nor the approval of the director;
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. The director may limit or
condition on-site activities related to remodeling, reconstruction or replacement of such structures
and improvements to ensure that impacts do not occur;
3. 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 effective date of the ordinance codified in this chapter. The director may limit or
condition on-site activities to ensure that impacts do not occur;
4. An application for a building permit for a lot within a development for which an
environmentally sensitive area study has been prepared within the last three y.ears; 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. This exemption does
not preclude City stafffrom conditioning a land use permit to avoid impacts to environmentally
sensitive areas consistent with the policies ofthls chapter;
12 Ord. No.
5. 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, and is undertaken pursuant
to best management practices to avoid ESA impacts, and is undertaken with the approval of the
director;
7. Maintenance or replacement of existing City utility lines, provided that
replacement occurs within the same right-of-way or easement, and is undertaken pursuant to best
management practices to avoid ESA impacts;
8. Ordinary maintenance and replacement of electric, natural gas, cable
communications and telephone lines and facilities already in place when undertaken pursuant to
best management practices to avoid impacts on environmentally sensitive areas. Substantial
rebuilding of an entire 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;
9. Relocation of electric facilities, lines, equipment or appurtenances, not including
substations, with an associated voltage of 55,000 volts or less is exempt when undertaken
pursuant to best management practices and the location is approved by the director and no
practicable alternative location exists which will reduce impacts on environmentally sensitive
areas;
10. Relocation of natural gas, cable communication, gas and telephone facilities,
lines, pipes, mains, equipment or appurtenances is exempt when undertaken pursuant to best
management practices and the location is approved by the director and no practicable alternative
exists which will reduce impacts on environmentally sensitive areas;
11. Public agency development proPosals, only to the extent of any construction
contract awarded before the effective date of the ordinance codified in this chapter, provided that
any regulation in effect at the time of such award shall apply to such proposal.
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.
1. All development proposals shall require the applicant to identify whether the site
involved contains any of the environmentally sensitive areas defined in this chapter. Where either
13 Ord. No. ~.~
the applicant indicates an environmentally sensitive area is present, the area is mapped as an
environmentally sensitive area, or the City has a reasonable belief that an environmentally sensitive
area is located on the site, the below-listed requirements are applicable to the application. These
requirements shall not apply if the applicant conclusively demonstrates to the satisfaction of the
director that environmentally sensitive areas or buffers are not actually located on site. Whenever
the director determines that a site is, or is not, within an environmentally sensitive area, that
determination shall constitute a final decision appealable to the City council under the provisions
of PTMC 19.05.050G. Notice ora final decision shall be given as provided in PTMC 19.05.050F.
A request for an advance determination regarding the presence or absence of environmentally
sensitive areas on any property may be made by a property owner or person with consent of the
property owner under the provisions of subdivision 2 of this subsection.'
These requirements serve to identify and document environmentally sensitive areas on a site. They
include technical reports and surveys, temporary field marking, and delineating environmentally
sensitive areas on single lots and subdivisions. The following is an outline of the steps required by
the applicant in the environmentally sensitive area permit process. These 8reps supplement and
augment the development permit application process set forth in the Land Development
Administrative Procedures, Chapter 20.01 PTMC.
a. Staff Site Visit. If there is reason to believe a development project may involve
an environmentally sensitive area, a member of the City iffa~'ming-a~ ~ BCD
department staff will visit the site to establish the probable existence or absence of an
environmentally sensitive area;
b. Preapplication Consultation. Any person intending to apply for an
environmentally sensitive areas permit is required to meet with the plani-dng BCD department staff
during the earliest possible stages of project planning in order to discuss impact avoidance,
minimization or compensation before large commitments have been made to a particular project
design;
c. Prepare a site inventory and survey (see reports and surveys in the procedures
manual) with five-foot contours, showing all existing natural and built features. The site survey is
to be used as a base for the site construction plan. The survey requirement may be waived or
modified by the director due to a determination that site factors do not require the specificity of a
survey;
d. Provide a site construction plan (see reports and surveys in the procedures
manual) delineating environmentally sensitive areas and significant vegetation (e.g., trees with a
10-inch diameter at breast height). Unless the director waives one or more of the following
information requirements, a site construction plan shall include:
i. On four lots or less, a plan description and maps at a scale no smaller
than one inch equals 20 feet. On more than four lots, plan description and maps shall be no
smaller than one inch equals 50 feet. And in each case the plan description maps shall show the
entire parcel of land owned by the applicant and the certified survey boundary of the
14 Ord. No. ~.f~-
environmentally Sensitive area on the parcel. The certified survey boundary of wetlands will
require delineation before the site survey,
ii. A description of the vegetative cover of the environmentally sensitive
area and adjacent area including significant species and native vegetation,
iii. A site plan for the proposed development showing the location, width,
depth and length of all existing and proposed disturbed areas, structures, roads, stormwater
treatment and installations for the whole site, including those proposed to be located within the
environmentally sensitive area and its bUffer; utility locations and clearing and trenching locations
should he identified along with the location of any existing utilities to be connected to the site,
iv. The exact location and specifications for all development activities
including delineation of all disturbed areas, the amounts of filling and grading and methods of
construction,
v. Elevations of the site and adjacent lots within the environmentally
sensitive, area and its buffer at contour intervals of five feet,
vi. Top view and typical cross-section views of the environmentally
sensitive area and its buffer to scale,
vii. Specific means proposed to mitigate any potential adverse
environmental impact of the applicant's proposal;
e. If an environmentally sensitive area is confirmed to exist on the site, an applicant
may be required to provide an environmentally sensitive area special report prepared by a
qualified sensitive area consultant. Special reports shall identif~y and characterize any
environmentally sensitive area as a part of the larger development proposal site, assess any
hazards to lhe proposed development, assess impacts of the development proposal on any
environmentally sensitive areas on, or adjacent to, or adversely affected by proposed activities on
the development proposal site, and assess the impacts of any alteration proposed for an
environmentally sensitive area.
i. Contents of special reports may differ, depending on the type of
environmentally sensitive areas a specific parcel may contain. The procedures manual describes
specific information requirements for reports for each of the environmentally sensitive area types.
ii. For all such areas, reports shall be determined to be complete by the
director, and (s)he may request more information as needed in order to protect the public and
environment, and to ensure that the development is compatible with the land.
iii. These special reports shall be prepared by qualified sensitive area
consultants in the area of concern (see procedures manual).
15 - Ord. No.-'F~-3S'"
iv. The specific requirements of such reports shall be identified at the
preapplication consultation and may be required to be supplemented at the discretion of the
director.
f. Waivers of Special Reports. The director may waive the requirement for a
special report if there is substantial evidence showing that all the following are present:
i. There will be no alteration of the environmentally sensitive areas or
required buffer; and
ii. The proposed development will not impact the environmentally sensitive
area in a manner contrary to the goals, purposes, objectives and requirements of this chapter; and
iii. The minimum standards required by this chapter are met.
g. Exceptions to Special Reports. No special report is required for the following
development proposals:
i. Any development or remodel of a structure or improvements when no
alteration of the environmentally sensitive area will occur as a result of the remodel activity;
except, any associated construction for additional parking or impervious surface greater than 250
square feet in the aggregate will require a special report.
ii. A residential building permit for a lot which was subject to a previous
special report, provided that the previous special report was completed with three years of the
current proposal, and adequately identified the impacts associated with the current development
proposal. A new report may be waived if the existing report appears to adequately represent and
address current site conditions.
iii. The director shall make such field investigations as are necessary to
determine if the criteria for an exception are satisfied.
h. Field marking is required for all development proposals.
i. Prior to the preconstruction meeting, the applicant shall mark the
following on the site to reflect the proposed site construction plan: the location of the building
footprint, environmentally sensitive area(s) boundaries, the outer extent of required setbacks,
areas to remain undisturbed, and trees and vegetation to be removed;
ii. Obtain director's approval on the field markings before beginning any
permitted activities. Field markings are intended to prevent disturbance of critical areas and
buffers and may include such items as temporary fences. Detailed requirements are to be specified
in the procedures manual prepared by the plani-dng and btiilding BCD department;
16 Ord. No
iii. Maintain the field markings for environmentally sensitive area(s) and
areas to remain undisturbed throughout the duration of the permit.
i. A preconstruction meeting at the development site is required for all projects.
i. The meeting is to be attended by the applicant (or applicant's agent), City
staff, to review specific project details and methods of construction. Subcontractors such as those
conducting grading or excavation work may also be required to attend the meeting. City staff
should encourage the applicant to allow attendance by interested citizens whenever possible.
ii. No' construction activity, including land clearing or grading, shall be
permitted until the information required by the appropriate environmentally sensitive area section
is reviewed and approved by the director.
j. For environmentally sensitive areas, development proposals which contain only
aquifer recharge areas, frequently flooded areas or seismic hazard areas, the director may waive
compliance with the application requirements and delineations requirements of this section and
compliance with the performance standards for development contained in PTMC 19.05.060. The
director must be satisfied that the performance standards provided for in the individual
environmentally sensitive area regulations for a specific environmental category are met and no
purpose established Under this chapter would be furthered by requiring compliance with
application requirements or the performance standards for development.
2. Advance Determination. A property owner or person with consent of the
property owners may request an advance determination regarding the presence or absence of
environmentally sensitive areas on a particular parcel outside of the normal permitting process. A
request may be made upon payment to the ptam'dtWand building and community development
department of the initial filing fee. The advance determination shall be based upon existing
conditions at a particular site and shall be binding only as long as conditions on the property do
not change to include features which meet the definition of environmentally sensitive areas.
Should the director be unable to make a conclusive determination from a site visit and review of
available information, the applicant may be requested to provide, at the applicant's expense,
additional information, reports or studies similar to those identified in subdivision 1 to allow a
conclusive determination to be made.
(Ord. § 3, 1996; Ord. 2319 § 1, 1992).
Section 4.
to read as follows:
Section 19.05.050, Sensitive area permit administration, is hereby amended
19.05.050 Sensitive area permit administration.
This section contains the procedures that the City will use in processing a sensitive area permit, as
supplemented by Chapter 20,01 PTMC. This process includes a reasonable use section which
17 Ord.
may be used by an applicant to lessen the development standards due to unique site characteristics
which would make strict application of the standards unreasonable. Means to appeal
administrative decisions are also included.
A. Review of Environmentally Sensitive Areas Permits and Report.
1. The director as part of the review process, shall verify information submitted by
the applicant to:
a. Confirm the nature and type of the environmentally sensitive areas and
evaluate the special environmentally sensitive areas report;
b. Determine whether the development proposal is consistent with the
Performance standards contained in this chapter;
c. Determine whether any proposed alterations to environmentally sensitive
areas are necessary;
d. Determine if the mitigation plans and bonding measures proposed by the
applicant are sufficient to protect the public health, safety and welfare, and are consistent with the
purposes, objectives and requirements of this chapter.
2. The applicant shall submit documents which demonstrate that any development
proposal submitted conforms to the purposes, standards and protection mechanisms of this
chapter; and, if required, provide additional information with a special environmentally sensitive
areas report. The director may request peer review of any documents or reports at the expense of
the applicant where the director deems it to be reasonably necessary to insure the accuracy,
effectiveness or objectivity of any of the documents, reports or measures proposed within them. A
written determination from the director requiring peer review shall include the following
information:
a. A statement giving the reason(s) peer review is necessary (e.g. errors of
fact or law, error in judgment, objectivity, or information or new information);
b. A statement of the specific areas the report believed to be inadequate or
in error, or not sufficiently definite to allow environmental analysis;
c. The specific information sought (such as review of the wetland
delineation line, the appropriateness of proposed mitigation procedures, feasibility of the plan or
recommended action, conflicting scientific evidence, etc.);
d. The director may also consult with other agencies, requesting
information on the proposal's impacts, and review of a special report's contents which lie within
the other agency's jurisdiction or expertise.
1 8 Ord. No. ~'S73',$"-
3. The director may approve with conditions, or deny, any development proposal
in order to comply with the requirements and carry out the purposes, objectives and requirements
of this chapter.
4. If it is determined that adverse environmentally sensitive area impacts will be
authorized to provide for reasonable use of a property, then the applicant shall sUbmit the design
of a detailed site mitigation plan per the .standards of PTMC 19.05.060A. 7.
5. The director shall review the proposed Site mitigation plan to determine
acceptance/denial of the proposed compensation. The director may request peer review of the
proposal at the expense of the applicant.
6. Approval of a development proposal pursuant to the provisions of this chapter
does not discharge the obligation of the applicant to comply with the provisions of this chapter.
B. Permit Processing.
1. The director shall, .,, ,,,~ ~..[~,,, ~,.,~.,~,~,,~ ,~,,,~ ,~..,~,,., consolidate the
processing of related aspects and permits from other regulatory programs which affect activities in
environmentally sensitive areas, such as SEPA, shorelines, subdivision, etc., with the
environmentally sensitive area review process established in this chapter to provide a timely and
coordinated permit process as set forth in Chapter 20,01 PTMC.
2. The d' _L ___, J ___, ....... ,~ .... . ..... ,_,__ 4_ _, .... shall mail a
Dete~ination of Completeness to the applicant ~thin 28 calendar days ofreceMng a pe~it
applicaion, staing either that the application is complete or is incomplete and what i~ necessa~
to make it complete, as ~aher set forth in Chapter 20,01.110(A)-(G) PTMC, nofi,~- hhe appllcan~
ao ,~ u,v vo,,,psv,v,,v~ ot ,,,~ app,sva,,u,, w,um: to uay~. ~ a cation shall not be deemed
complete until ~d udess all i~omation necessa~ to evaluate the proposed development actMty,
its impacts, and its compliance Mth the prohsions of tbs chapter have been prohded to the
satish~ion of the director. The incomplete application procedure shall be governed by Chapter
20,01,110(C) PTMC, Such ~ dete~ination of completeness shall not be construed as an
approval or denial of the permit application,
3. Permits shall be valid for a period of six nioiit,hs one year from the date of
issuance and shall expire at the end of that time if they are not acted upon, unless a longer or
shorter period is specified by the ptarmirrg BCD department upon issuance of the permit.
4. An extension of an original permit may be granted upon written request to the
director by the original permit holder or the successor in title. An extension shall be granted only
where the proposal remains consistent with all land use and development ordinances of the City in
force at the time of the extension.
5. Prior to the granting of an extension, the director may require updated reports
and/or additional hearings if, in his/her judgment, the original intent or the circumstances relevant
19 Ord.
to the review and issuance of the original permit have changed substantially, or if the applicant
failed to abide by the terms of the original permit.
C. Public Notice of Application and Comment Period. Public notice of an application for
an environmentally sensitive area permit shall be provided in the following manner:
1. Notice of an application shall be published and posted
forth in Sections 20.01.150 and 20.01.160 PTMC.
2. Notice shall be mailed to all property owners of record within 20,0 300 feet of
the boundaries of the development site. The applicant shall provide the list of property owner(s)
of record to BCD. The records of the Jefferson County assessor's office or an adjacent property
ownership list prepared by a licensed title company shall be used for determining property
owner(s) of record. Addresses for a mailed notice required by this section shall be obtained from
the county's real property tax records. The director shall issue a sworn certificate affirming
mailing of notice to all persons entitled to notice under this section. All public notice~ ~hall be
deemed to have been provided or received on the date the notice i~ deposited in the mail or
personally delivered, whichever occurs first.
3. A public comment period of-l-5 20 calendar days shall be provided for each
application ~,t_ ~_,_ t ..... ~._, ...... be ~-'-~ -~-" ~- ~'J .... :"--J .... ' ....... :--~ --': ....
---~--- ~ -':~ ........ ~ --- ,~,,~, w,,~ reasonable. ~1 public comments must be
received by the BCD depa~ment by 4:00 p.m. on the last day of the 20-calendar day comment
period. Comments may be mailed, personally delivered or sent by hcsimile. Comments should .b~
as specific as possible, The director may require additional notificmion and cogent periods
where the proposal is significantly modified by the applicant.
D. Environmentally Sensitive Areas Reasonable Use Exception.
1. An applicant for a City permit to develop or use real property which is located
in an environmentally sensitive area may apply to the director for modification of environmentally
sensitive area development standards.
2. An applicant requesting modification shall provide the director with the
following information:
a. Technical studies and other data that describe the possible injurious
effects of the prOposed development on occupiers of the land, on other properties, on public
resources, and on the environment. Possible injurious effects must be described even when the
injurious effect will become significant only in combination with similar effects from other
developments; and
20 Ord. No.-a
b. An explanation with supporting evidence of how and why compliance
with the unmodified environmentally sensitive areas development standards would not permit
reasonable use of the property..
3. The director may modify an environmentally sensitive areas development
standard when an applicant demonstrates to the director's satisfaction that strict application of the
development standards would be unreasonable and that development undertaken pursuant to the
modified standards would not cause significant injury to occupiers of the land, to other properties,
and to public resources, or to the environment.
4. An environmentally sensitive areas development standard may be reduced,
waived or otherwise modified only to the extent necessary to make the standard reasonable in
light of all the facts and circumstances of a particular case. In modifying a development standard
the director may impose reasonable conditions that prevent or mitigate the same harm that the
modified regulation was intended to prevent or mitigate.
5. A director's decision to modify a development standard may be appealed
pursuant to the provisions of subsection G of this section and Chapter I. 14 20.01 PTMC. The
director's decision as to whether development pursuant to a modified development standard will
cause significant injury shall be affirmed unless found to be clearly erroneous. The director's
decision as to whether strict application of a development standard is reasonable shall be given no
deference, and the burden of proof of justifying the environmentally sensitive areas exception shall
be on the applicant.
E. Minimizing Sensitive Area Impact.
1. After it has been determined by the director that negative impacts to
environmentally sensitive areas are necessary and unavoidable, the applicant shall take deliberate
measures to minimize the impacts.
2. Such measures shall include, but are not necessarily limited to:
a. Limiting the degree or magnitude of the development activity;
b. Limiting the implementation of the development activity;
c. Using appropriate and best management practices;
d. Taking affirmative steps to avoid or reduce impacts;
21 Ord.
e. Sensitive site design and siting of facilities and construction staging areas
away from environmentally sensitive areas and their buffers;
f. Involving resource agencies early in site planning to obtain technical
advice; and
g. Providing protective measures such as, but not limited to, siltation
curtains, hay bales and other siltation and erosion prevention measures, scheduling the
development activity to avoid interference with wildlife and fisheries rearing, resting, nesting or
spawning activities.
F. Notice of Final Decisions. Notice of a final decision on any sensitive area development
permit or reasonable use exception shall be mailed by the director to the applicant and to any
individual who has filed a written comment on the application with a return address identified on
the comment. Final decisions shall also include final determinations of the director regarding the
presence or absence of environmentally sensitive areas. Notice of final decisions regarding an
advance determination, or within the context of a permit application, of a decision regarding the
presence or absence of environmentally sensitive areas, shall be provided by mail to the permit
applicant and by mail to any person filing an individually written comment or requesting
notification of such decisions from the director on a specific application.
G. Appeals and Stay During Pendency of Appeals.
1. Any person receiving notice of a final decision of the director on a sensitive area
-development permit or reasonable use exception, or on an advance determination that a site is, or
is not, within an environmentally sensitive area, may appeal such final decision by following the
~ appeal procedure for Type II permits outlined in Chapter I. 14 20.01 PTMC. Any
appeal of a final decision involving determination of the presence or absence of environmentally
sensitive areas mUst be filed within seven ,~,,~,,~,,, ,~,,y~ ~,,,,,, L,,~ notice of a ~'~--' -'--:-:--
nm~,~th~,,,,,~,,~ ~,,~ ~,,,.,~,~,~,,,~ ~,~ ,_.,,,,[,~, ,. ,, · ~MC fourteen (14) calendar days after the
notice of the decision, Or within twenty-one (21) calendar days if a SEPA Determination of
Nonsignificance is issued concurrently as part of the permit decision, as further set forth in
Section 20.01.210 PTMC.
2. Construction under any permit issued by the City shall be stayed until the
expiration of any appeal period or the final resolution by the City of any approval which has been
filed under this chapter.
H. Fees.
1. Fees shall be as set forth in Chapter 3.36 20.09 PTMC.
I. Hold Harmless Agreement.
22 Ord. No,~..~".~..q"'
1. The owner of a property containing environmentally sensitive areas on which a
development proposal is submitted, except a public right-of-way or the site of a permanent public
facility, shall file an agreement approved by the director and recorded with the Jefferson County
assessor prior to the issuance of any permit or preliminary approval of a short plat or subdivision.
Said agreement shall be in a form approved by the City attorney, shall hold harmless and
indemnify the City and its employees from and against any liability for damages to persons or
property as the result of construction or other action undertaken by the applicant on the subject
property, and shall run with the land for a period of at least three years from completion of the
work and be binding On the applicant and his/her successors and assigns.
J. Record Notice of Presence of Sensitive Area.
1. The owner of any property with a field verified presence of sensitive areas or
their associated buffer pursuant to this chapter on which a development proposal is submitted and
acted upon shall record a notice of presence of sensitive areas with the Jefferson County auditor
in a form approved by the City attorney. Such notices shall provide notice in the public record of
the presence of a sensitive area or its buffer, the application of this chapter to the property, and
that limitations on actions in or affecting such sensitive areas and their buffers may exist. The
notice shall be notarized and shall be recorded prior to approval of any development proposal for
such sites.
2. The notice shall run with the land. The applicant shall submit proof that the
notice has been filed for record before the City shall approve any development proposal and
failure to provide such notice to the City or any purchaser prior to developing or transferring any
interest in the property shall be a violation of this chapter.
(Ord. __ § 4, 1996; Ord. 2319 § 1, 1992).
Section 5. Section 19.05.090, Sensitive area 3, is hereby amended to read as follows:
19.05.090 Sensitive area 3 - Frequently flooded areas and critical drainage corridors.
A. Purpose. Frequently flooded areas and critical drainage corridors are areas of natural or
partially altered watercourses or low-lying areas which contribute to water quality and stormwater
and erosion control. Theyare characterized by year-round or seasonal flows within drainage'
corridors that exist in an entirely native state or exhibit a range of alteration. These regulations
outline requirements for development adjacent to or within the corridor (see the procedures
manual).
The regulations are intended to safeguard the public from threats to life or property associated
with flooding; to preserve the natural function of floodplains and critical drainage corridors to
store and control flood waters, improve water quality and to provide for aquifer recharge.
23 Ord. No .~..~'.9.~~'
B. Classification. The following areas are defined as frequently flooded areas or critical
drainage areas and are protected under this chapter:
1. Frequently flooded areas are those lands which can be expected to flood at a
frequency of once every hundred years, or which are subject to a one percent or greater chance of
flooding in any year, or mapped as such by the Federal Emergency Management Agency or the
National Flood Insurance Program.
2. In addition, these areas may be critical drainage areas or corridors identified by
the public works department from local knowledge about regular flooding occurrence in certain
areas or the potential for flooding if existing drainage is modified. The following criteria shall be
considered when designating and classifying these areas:
a. Potential flooding impact to human health, safety and welfare and to
public facilities and services;
b. Available documentation including federal, state and local laws,
regulations and programs, local and state maps and federally subsidized flood insurance programs;
c. The effect of high tides with strong winds, or greater surface runoff
caused by increasing impervious surfaces.
C. Regulated Development. All development proposals located within frequently flooded
areas and critical drainage corridors shall be regulated under this chapter. Development of a site
within a critical drainage area shall require the applicant to provide a survey of the centedine of a
watercourse with the application for development. The project applicant shall be required to
indicate the watercourse corridor and centedine on the site construction plan (see reports and
surveys) and these areas shall be marked in the field prior to the preconstruction meeting.
D. Performance Standards for Development.
1. Development shall not reduce the effective base flood storage volumel Effective
storage capacity must be maintained.
2. Critical facilities shall be prohibited within the boundaries of these areas.
3. For those basins within Port Townsend having no natural outlet, the directOr
may choose to increase design standards as needed to protect citizens and the environment from
damages that may result due to the increased likelihood of flooding.
4. No mechanized power equipment may enter or be used within a critical drainage
corridor without the explicit approval of the planning BCD director.
5. Building pads shall not be permitted within a critical drainage corridor.
24 Ord. No. a,Tz,~.5~'
6. Impervious surface shall not be permitted within a critical drainage corridor
except as outlined in subsection F of this section.
E. Buffers and Setbacks. Buffers will be defined on a site specific basis with setbacks
intended to protect life and property both on-site and off-site. Generally, buffers should not be
less than 25 feet.
F. Mitigation or Compensation:
1. Grading or other development activities which would reduce the flood water
storage volume effectiveness shall be mitigated by creating compensatory storage on-site if
hydrologically feasible and consistent with watershed functional priorities, or, if allowed by the
director, may be created off-site, but within the same drainage basin.
2. The applicant shall design such compensatory storage facilities to meet or
exceed current standards and design criteria contained or referenced in the Stormwater
Management Manual for the Puget Sound Basin, 1992, Washington State Department of
Ecology.
3. The applicant shall provide a long-term maintenance plan for storage facilities.
4. If conditions warrant, the City may be requested, or may choose, to take over
long-term maintenance of these facilities under appropriate legal agreements.
5. For development activities occurring in these areas, the applicant shall enter into
a "hold-harmless" agreement with the City for liability purposes.
G. Special Reports. Applicants for all development located within frequently flooded areas
and/or critical drainage corridors shall prepare a floodplain report to establish that the proposed
development will not create a hazard to the property involved or to other properties located in the
floodplain or drainage corridor (see procedures manual).
(Ord. __ § 5 1996; Ord. 2319 § 1, 1992).
Section 6. Severability. If any clause, sentence, paragraph, section or part of this
Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional
by a court of competent jurisdiction, such order or judgment shall not affect the validity or
constitutionality 6fthe remainder of any part of this Ordinance. To this end, the provisions of
each clause, sentence, paragraph, section or part of this law are declared severable.
This ordinance shall take effect and be in force five days after the date of its publication in
the manner provided by law.
25 Ord. No.
Read for the first, second, and third times and passed by the City Council of the City of
Port Townsend, Washington, at a regular meeting thereof, held this /? day of June, 1996.
Attest:
V~a Fr~, Deputy
Ti~oth~L. ~c~ah~fi, ~i¢ Attorney
06/12/96 CA~OR~{CH19-05F.d~}
Julie Mcl~lloch, Mayor
26
Ord. No. ~.~C~