HomeMy WebLinkAbout3062 Adopting Procedural Amendments to the SMP and CAO Ordinance 3062
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1
2 ORDINANCE NO. 3062
3
4 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON,
5 ADOPTING CERTAIN PROCEDURAL AMENDMENTS TO
6 THE SHORELINE MASTER PROGRAM AND
7 CERTAIN AMENDMENTS TO THE NARRATIVE TEXT AND TABLES OF
8 CHAPTER 19.05 OF THE PORT TOWNSEND MUNICIPAL CODE (PTMC),
9 "CRITICAL AREAS,"
10 ALL IN A MANNER CONSISTENT WITH THE REQUIREMENTS OF
11 CHAPTER 20.04 PTMC AND THE GROWTH MANAGEMENT ACT OF 1990,
12 AS AMENDED (CHAPTER 36.70A RCW).
13
14
15
16 RECITAL:
17
18 The City Council of Port Townsend finds as follows:
19
20 1. Port Townsend is a community with a very special environment,both natural and
21 man-made and the qualities of both must be respected so that the uniqueness of
22 Port Townsend can flourish without inappropriate changes.
23
24 2. The Port Townsend Comprehensive Plan was adopted to provide guidance for the
25 community on accommodating growth and redevelopment in a manner that
26 respected the natural and built environment and enhanced the community.
27
28 3. The Growth Management Act (GMA)required the City of Port Townsend to
29 designate critical areas (wetlands, areas with a critical recharging effect on
30 aquifers used for potable water, fish and wildlife habitat conservation areas,
31 frequently flooded areas, and geologically hazardous areas) and to develop and
32 adopt implementing regulations on or before September 1, 1991, that protected
33 critical areas (RCW 36.70A.060 and170 and WAC 365-195-410).
34
35 4. Pursuant to the GMA, the City of Port Townsend adopted Ordinance No. 2319 on
36 October 19, 1992, which amended the Port Townsend Municipal Code by
37 adopting a new Chapter 19.05 PTMC, "Environmentally Sensitive Areas" (later
38 retitled "Critical Areas").
39
40 5. In compliance with RCW 36.70A.130 and 36.70A.172, the City amended the
41 Land Use Element of its Comprehensive Plan on December 16, 2002 to include
42 policy language requiring the City to include the best available science in
43 designating and regulating to protect critical areas (see Ordinance No. 2825).
44
45 6. On July 5, 2005, the City of Port Townsend adopted Ordinance 2899 amending
46 Chapter 19.05 PTMC to ensure that Port Townsend's Implementing Regulations
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1 are reflective of the best available science, consistent with the requirements of
2 both the Comprehensive Plan and the GMA.
3
4 7. On February 14, 2007, The Department of Ecology approved the City of Port
5 Townsend Shoreline Master Program. The Growth Management Act, RCW
6 36.70A.580, provides that the goals and policies of the shoreline master program
7 shall be considered an element of the City's comprehensive plan, and the other
8 portions of the shoreline master program shall be considered part of the City's
9 development regulations.
10
11 8. Certain standards and requirements of Chapter 19.05 "Critical Areas" of the
12 PTMC and of the Shoreline Master Program have been identified as needing
13 clarification. Some minor additions or deletions clarify the purpose, intent, and
14 requirements and/or create greater consistency between code sections.
15
16 9. This ordinance has been developed in confonnance with the requirements for land
17 use code text revisions set forth in Section 20.04.090 PTMC.
18
19 10. Opportunities were provided for meaningful citizen participation employed in this
20 amendment process are consistent with the requirements of the GMA (§§
21 36.70A.035, 36.70A.130, and 36.70A.140 RCW) and the procedures set fort h in
22 Chapter 20.04 PTMC.
23
24 11. On July 28, 2011, after timely and effective public notice, the Planning
25 Commission conducted an open record public hearing to accept public testimony
26 on the proposed amendments to Chapter 19.05 PTMC and the Shoreline Master
27 Program. Following the close of the public hearing, the Planning Commission
28 reviewed the record, deliberated, and by a vote of 6 in favor and 0 opposed,
29 recommended adoption of the proposed amendments.
30
31 12. On August 15, 2011, after timely and effective notice, the City Council conducted
32 an open record public hearing to accept public testimony on the proposed
33 amendments as recommended by the Planning Commission. At the close of
34 public hearing, the Council deliberated upon the proposal.
35
36 13. The City Council finds that opportunities provided for meaningful citizen
37 participation in this amendment process are consistent with the requirements of
38 the GMA (36.70A RCW) and the procedures set forth in Chapter 20.04 PTMC.
39
40 14. The City Council finds that the amendments to Chapter 19.05 PTMC and the
41 Shoreline Master Program recommended herein have been reviewed under the
42 State Environmental Policy Act (Chapter 43.21C RCW and chapter 197-11
43 WAC) and Chapter 19.04 PTMC. On June 21, 2011, the SEPA Responsible
44 Official issued a Detennination of Non-Significance, Adoption of Existing
45 Enviroiunental Documents and Notice of Availability of SEPA Addendum. No
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1 comments were received during the public review period. A Final SEPA
2 Detennination was issued on August 9, 2011.
3
4 15. The City Council finds that Code amendments set forth herein are wholly
5 consistent with the Community Direction Statement contained in Chapter III of
6 the Plan, and the review and amendment procedures set forth in Section 20.04
7 PTMC.
8
9 16. All audio taped and written record of the Planning Commission and City
10 Council's deliberations during the meeting and hearings described in the above
11 findings are incorporated herein by this reference.
12
13 17. Consistent with the requirement of the GMA, Planning staff provided notice of
14 intent to adopt the proposed development regulation amendments to the State
15 Department of Commerce for review and comment prior to the adoption of this
16 ordinance (RCW 36.70A.106). No substantive comments were received from
17 DOC prior to the adoption of this ordinance.
18
19 18. This ordinance has been prepared in conformance with the goals and requirements
20 of the GMA (Chapter 36.70ARCW) and is externally consistent and compatible
21 with the 14 state-wide planning goals contained with in the GMA (RCW
22 36.70A.020).
23
24 19. This ordinance has also been reviewed against the requirements of the County-
25 wide Planning Policy for Jefferson County(CWPP) and has been found by the
26 Council to be in conformance therewith.
27
28 Based upon the foregoing findings, the Council finds that adoption of the
29 amendments to the narrative text and tables of Chapter 19.05 PTMC and the
30 Shoreline Master Program will promote the public health, safety and welfare of the
31 citizens of Port Townsend and should be approved.
32
33 NOW, THEREFORE, based upon the foregoing FINDINGS, and based upon the record
34 before the Port Townsend Planning Commission and City Council, the City Council
35 hereby ordains as follows:
36
37 SECTION 1. Amend Sections 10.17 Duration of Permits of the Shoreline Master
38 Program to be consistent with WAC 173-27-090(4)regarding the time limitation of
39 SSDP:as follows:
40
41 10.17 Duration of Permits
42 The City of Port Townsend may issue shoreline permits with termination
43 dates of up to five years. If a shoreline PP-en-nit does not specify a tennination date,
44 the following requirements apply, consistent with WAC 173-27, however, upon a
45 finding of good cause based on the requirements and circumstances of the project
46 proposed and consistent with the policy and provisions of the master program and this
47 chapter, the decision maker may adopt different time limits from those set forth in
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1 subsections (10 17 1) and (10 17 3) of this section as a part of action on a substantial
2 development permit.
3
4 10.17.1 Time Limit for Substantial Progress
, r a
6 . Construction activities shall be
7 commenced or, where no construction activities are involved the use or activity shall
8 be commenced within two years of the effective date of the shoreline pen-nit. Pursuant
9 to WAC 173-27-090(4) the permit time periods do not include the time during which
10 a use or activity was not actually pursued due to the pendency of administrative
I I appeals or legal actions or due to the need to obtain any other government pen-nits
12 and approvals.
13
14
15 10.17.2 Permit Extension for Substantial Pr-ogres-s
16 The City may, at its discretion, with prior notice to parties of record and
17 the Department of Ecology, may authorize a single extension for a period not to
18 exceed one year based on reasonable factors if a request for extension has been filed
i
19 before the expiration date.e + d the+ a.--time r .efe fv +''°
sviiuv , N to
21 yeaf, based on faetors ineluding the inability to expeditiously obtain.
22 of s �,>1ie re to the
b + 1 i
r required prior-
23 eommeneement of eonstfuetion.
24
25 10.17.3 Five-Year Permit Authorization
26 If construction has not been completed within five (5) years of approval
27 by the City of Port Townsend, the City will review the Permit and, upon
28 showing of good cause, either extend the Permit for one additional year,
29 or tenninate the Permit. Prior to the City authorizing any Pen-nit
30 extensions, it shall notify any parties of record and the Department of
31 Ecology. Note: Only one single extension is pennitted. Pursuant to WAC 173-27-
32 090(4) the permit time periods do not include the time during which a use or activity
33 was not actually pursued due to the pendency of administrative appeals or legal
34 actions or due to the need to obtain any other government permits and approvals.
35
36
37 SECTION 2. Amend Sections 10.14.3 City Council and 10.15 Appeals of the
38 Shoreline Master'Program consistent with the appeals procedures codified in the
39 Port Townsend Municipal Code (PTMC) as follows:
40 10.14.3 City Council
41 a. The Port Townsend City Council is vested with the authority to heaf elosed ''
42 ' f d' atio of the He ' E and approve any revisions or
appeals �.��
43 amendments to this Master Program in accordance with the applicable requirements
44 of the Act and the Washington Administrative Code.
Ordinance 3062
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1 b. Amendments to the Shoreline Master Program shall be consistent with the
2 procedures for Type V legislative amendments per PTMC 20.01. To become effective
3 any amendment to this Master Program must be reviewed and adopted by the
4 Department of Ecology pursuant to §90.58.190 RCW and Chapter 173-26 WAC,
5
6 10.15 Appeals
appeals of deeisions by the Shofeline Administfater or-the
g .
9
10 10.15.31 Appeals of a final decision of the city of Port Townsend or the Department of
11 Ecology shall be filed within 21 days of the date of filing of the final pen-nit and shall be
12 heard by the Shorelines Hearings Board pursuant to the procedures and timelines of
13 RCW 90.58.180,
14
15 SECTION 3. Amend Shoreline Master Program Section 14.11 Monitoring and
16 Adaptive Management#3 paragraph 3 to require reassessment consistent with
17 recent updates to the RCW 90.58.080 4(b)
18
19 To conduct a valid reassessment of the shoreline conditions under the schedule
20 established by RCW 90 58 080 4(b) as currently codified or hereinafter amended by the
21 state evefyseven ye , it is necessary to monitor, record and maintain key environmental
22 metrics to allow a comparison with baseline conditions.
23
24 As monitoring occurs, the city should reassess environmental conditions and
25 restoration objectives. Those ecological processes and functions that are found to
26 be worsening may need to become elevated in priority to prevent loss of critical
27 resources. Alternatively, successful restoration may reduce the importance of
28 some restoration objectives in the future.
29
30 Evaluation of shoreline conditions, permit activity, GIS data, and policy and
31 regulatory effectiveness should occur at varying levels of detail consistent with
32 the Comprehensive Plan update cycle. A complete reassessment of conditions, policies
33 and regulations should be considered under the schedule established by RCW 90.58.080
34 4(b) as currently codified or hereinafter amended by the state .
35
36
37
38 SECTION 4. Amend Critical Areas Section 19.05.0301), 19.05.040 and 19.05.050B
39 (1) of the Port Townsend Municipal Code to clarify the overlap of Critical Areas
40 ordinance, SMP and SEPA:
41 19.05.030 D. State Environmental Policy Act(SEPA). This ehapter- establishes
42 standards whieh are to be applied to speeifie land use and platting aetions in order-to
43 pfevent fur-thei!degradation of eiitiea4 areas in the eity, and is not intended to limit thee
44
Ordinance 3062
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1 be fvviewed and may also be eonditioned OF denied pursuant to jL)) -PT-M&
2 These critical areas regulations shall apply concurrently with review conducted under the
3 State Environmental Policy Act (SEPA) as locally adopted. Any conditions required
4 pursuant to this Title shall be included in the SEPA review and threshold determination.
5 E. Shoreline Management Act (SMA). The City's Shoreline Master Program (SMP) has
6 been updated consistent with the state guidelines and the Department of Ecology(DOE)
7 has adopted the SMP The SMP incorporates the Critical Areas Ordinance (CAO) as
8 adopted by Ordinance 2929 September 15 2006 by reference (Chapter 6 of the SMP).
9 The standards contained in this Chapter apply equally to critical areas contained within
10 shorelines jurisdiction In processing shoreline substantial development permits involving
11 critical areas—a review of the project's compliance with the critical areas regulations is
12 incorporated into the findings and conclusions of the shoreline pen-nit with detailed
13 analysis either in the shoreline permit itself or in the associated SEPA document, where
14 applicable A separate critical areas permit is not required.
15 This ehaptef establishes minimum standards to be applied to speeifie land uses whiel.
16 '
17 intended to jimit the applieation of the SMA. The er-itioal area maps delineate efitieal
18 areas water-wafd of the 0HAIN4 to be used in the appliea+ion of the shoreline fflastef
19 program pemiitproeess, as well as the appheation of this chaptef. The infor-mati
20 eentained on the er-itieal area maps is intended to be felevant and usefW in
21 administfation of the eit J' shoreline master program regulations.
22
23 19.05.040 Critical area permit requirements — Exemptions, nonconforming structures,
24 application requirements, special reports, and advance determinations.
25 Pursuant to this chapter, a critical area permit is required for any development proposal
26 whenever any portion of the site is within a critical area or required buffer area or
27 whenever the director makes a finding that a development proposal is likely to
28 significantly impact a critical area(regardless of its location). n single family residence
29 whieh K � permit t i , exempt n SEP
revi-
30 A. Pen-nit Required. Unless exempt from this chapter, no person, party, fine,
31 corporation or public agency shall undertake any development proposal, as
32 defined in PTMC 1 Q.05..0.2-01, within a critical area or its buffer, unless the work is
33 in accordance with a valid pen-nit from the city issued pursuant to the provisions
34 of this chapter.
35
36 SECTION 5. Amend Critical Areas Section 19.05.040, Critical area permit
37 requirements—Exemptions, nonconforming structures, application requirements,
38 special reports, and advance determinations of the Port Townsend Municipal Code to
39 clarify submittal requirements and documentation of waivers:
40
41 E. Application Requirements and Delineations.
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1 1. All development proposals shall require the applicant to identify whether the site
2 involved contains any of the critical areas or their required buffers as defined in this
3 chapter. Where either the applicant indicates a critical area/critical areas buffer is present,
4 the area is mapped as a critical area/critical areas buffer, or the director has a reasonable
5 belief that a critical area/critical areas buffer is located on the site, the below-listed
6 requirements apply to the application. These requirements shall not apply if the applicant
7 conclusively demonstrates to the satisfaction of the director that critical areas or buffers
8 are not actually located on-site. Whenever the director determines that a site is, or is not,
9 within a critical area or its buffer, that determination may be appealed under the
10 provisions of PTMC l 9.0t ._ 5_t- final(F). Notice of a decision shall be given as provided
11 in PTMC .._ _.OSal, (E). A request for an advance determination regarding the presence or
12 absence of critical areas and their required buffers on any property may be made by a
13 property owner or person with consent of the property owner under the provisions of
14 subsection (E)(2) of this section. These requirements serve to identify and document
15 critical areas and their required buffers on a site. They include technical reports and
16 surveys, temporary field marking, and delineating critical areas on single lots and
17 subdivisions. The following is an outline of the steps required by the applicant in the
18 critical area permit process. These steps supplement and augment the development pen-nit
19 application process set forth in the Land Development Administrative Procedures,
20 Chapter 2.0.01 PTMC.
21
22 a. Staff Site Visit. If there is reason to believe a development project may involve a
23 critical area/critical area buffer, a member of the city DSD staff W44 Znay visit the site to
24 establish the probable existence or absence of a critical area/critical area buffer.
25
26 b. Preapplication Consultation. Any person intending to apply for a critical areas perinit
27 is required to meet with the DSD staff during the earliest possible stages of project
28 planning in order to discuss impact avoidance, minimization or compensation before
29 large commitments have been made to a particular project design. The director shall not
30 accept the following applications unless the applicant has scheduled and attended a
31 preapplication conference:
32
33 i. Type I actions proposing impervious surfaces equal to or exceeding 5,000
34 square feet and/or nonsingle-family structures 5,000 square feet or over;
35 ii. Type I-A design review;
36 iii. Type I1 and Type III actions.
37
38 Preapplications are subject to applicable fees. The purpose of the preapplication
39 conference is to acquaint the applicant with the requirements of the Port Townsend
40 Municipal Code and to allow the director to provide the applicant with preliminary
41 comments based upon the applicant's preliminary sketch and details of the proposal. The
42 director may waive this preapplication conference requirement if an applicant
43 demonstrates, to the director's satisfaction, experience with the requirements of the
44 PTMC requirements and process that would render the preapplication conference
45 unnecessary.
46
Ordinance 3062
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1 c. Prepare a site inventory and survey with five-foot contours, showing all existing
2 natural and built features. The site survey is to be used as a base for the site construction
3 plan. The survey requirement may be waived or modified by the director due to a
4 determination that site factors do not require the specificity of a survey.
5
6 d. Provide a site construction plan delineating critical areas, their required buffer area,
7 and significant vegetation (e.g., trees with a six-inch diameter at breast height). Unless
8 the director waives one or more of the following information requirements, a site
9 construction plan shall include:
10
11 i. On four lots or less, a plan description and maps at a scale no smaller than one
12 inch equals 20 feet. On more than four lots,plan description and maps shall be
13 no smaller than one inch equals 50 feet. In each case the plan description
14 maps shall show the entire parcel of land owned by the applicant and the
15 certified survey boundary of the critical area on the parcel.. (In the case of
16 wetlands this will require a delineation bra qualified consultant prior to t11e
17 site survey). 'rl=�e- iecl-er��r - nda�3� cif wetlands-wil�irc—celirrez�ter�
18 befof 4h site sup=ovy;
19 ii. A description of the vegetative cover of the critical area and adjacent area
20 including significant species and native vegetation;
21
22 ill. A site plan for the proposed development showing the location, width, depth
23 and length of all existing and proposed disturbed areas, structures, roads,
24 stonnwater treatment and installations for the whole site, including those
25 proposed to be located within the critical area and its buffer; utility locations
26 and clearing and trenching locations should be identified along with the
27 location of any existing utilities to be connected to the site;
28
29 iv. The exact location and specifications for all development activities including
30 delineation of all disturbed areas, the amounts of filling and grading and
31 methods of construction;
32
33 V. Elevations of the site and adjacent lots within the critical area and its buffer at
34 contour intervals of five feet;
35
36 vi. Top view and typical cross-section views of the critical area and its buffer to
37 the same scale as required in subsection (E)(1)(d)(i) of this section;
38
39 vii. Specific means proposed to mitigate any potential adverse environmental
40 impact of the applicant's proposal.
41
42 e. If a critical area/critical areas buffer is confinned to exist on the site, an applicant may
43 be required to provide a critical area special report prepared by a qualified critical
44 area consultant. Special reports shall identify and characterize any critical area/buffer
45 as a part of the larger development proposal site, assess any hazards to the proposed
46 development, assess impacts of the development proposal on any critical areas/buffer
Ordinance 3062
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1 on, or adjacent to, or adversely affected by proposed activities on the development
2 proposal site, and assess the impacts of any alteration proposed for a critical
3 area/buffer.
4
5 L Contents of special reports may differ, depending on the type of critical areas
6 a specific parcel may contain.
7
8 ii. For all such areas, reports shall be detennined to be complete by the director,
9 and (s)he may request more information as needed in order to protect the
10 public and environment, and to ensure that the development is compatible
11 with the land.
12
13 iii. The specific requirements of such reports shall be identified at the
14 preapplication consultation and may be required to be supplemented at the
15 discretion of the director.
16
17
18 f. Stonnwater Management Plan pursuant to Section 19.05.060 D (51.
19 g. A site mitigation plan pursuant to Section 19.05.060 D (6)
20 -f� h. Waivers of Special Reports. The director may waive the requirement for a special
21 report if there is substantial evidence showing that all the following are present:
22 There will be no alteration of the critical areas or required buffer; and
23
24 ii. The proposed development will not impact the critical area in a manner contrary to
25 the goals, purposes, objectives and requirements of this chapter; and
26
27 iii. The minimum standards required by this chapter are met.
28
29 g. i. Exceptions to Special Reports. No special report is required for the following
30 development proposals:
31
32 i. Any development or remodel of a structure or improvements when no alteration of
33 the critical area will occur as a result of the remodel activity; except, any associated
34 construction for additional parking or impervious surface greater than 250 square feet
35 in the aggregate will require a special report.
36
37 ii. A residential building pen-nit for a lot which was subject to a previous special
38 report; provided, that the previous special report was completed within three years of
39 the current proposal, and adequately identified the impacts associated with the current
40 development proposal. A new report may be waived if the existing report appears to
41 adequately represent and address current site conditions. The director shall snake such
42 field investigations as are necessary to detennine if the criteria for an exception are
43 satisfied.
44
45 hi. Field marking is required for all development proposals.
46
Ordinance 3062
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1 i. Prior to the preconstruction meeting, the applicant shall mark the
2 following on the site to reflect the proposed site construction plan: the
3 location of the building footprint, critical area(s)boundaries, the outer
4 extent of required critical area buffers, areas to remain undisturbed,
5 and trees and vegetation to be removed;
6 ii. Obtain the director's approval on the field markings before beginning
7 any pennitted activities. Field markings are intended to prevent
8 disturbance of critical areas and buffers and may include such items as
9 temporary fences. Detailed requirements may be specified in the
10 procedures manual prepared by the DSD;
11 Iii. Maintain the field markings for critical area(s) and areas to remain
12 undisturbed throughout the duration of the pen-nit.
13
14 i k. A preconstruction meeting at the development site is required for all projects.
15
16 i. The meeting is to be attended by the applicant (or applicant's agent) and city staff,
17 to review specific project details and methods of construction. Subcontractors such as
18 those conducting grading or excavation work may also be required to attend the
19 meeting. Applicants are encouraged, but not required, to allow attendance by
20 interested citizens.
21 ii. No construction activity, including land clearing or grading, shall be pennitted
22 until the information required by the appropriate critical area section is reviewed and
23 approved by the director.
24
25 jl. For critical areas, development proposals which contain only aquifer recharge areas,
26 frequently flooded areas or seismic hazard areas, the director may issue a critical areas
27 waiver thereby waiving compliance with the application requirements and delineations
28 requirements of this section and compliance with the performance standards for
29 development contained in PTMC -I_'9_ ',-060. The director must be satisfied that the
30 perfonnance standards provided for in te individual critical area regulations for a
31 specific environmental category are met and no purpose established under this chapter
32 would be furthered by requiring compliance with application requirements or the
33 perfonnance standards for development.
34
35 'SECTION 6. Amend Critical Areas Section 19.05.020 Definitions of the Port
36 Townsend Municipal Code to add a definition for``critical slope", "geotechnical
37 engineer", and"infill", and to modify the definitions of "qualified critical areas
38 consultant" and "steep slope":
39
40
41 "Critical slope"means any area with slopes of 40 percent or steeper that exceed a vertical
42 height of 10 feet Critical slope is detennined by measuring the vertical rise over any 25-
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1 foot horizontal run for a specific area that results in a percentage of 40 or more. The
2 critical slope hazard area includes the area of land that extends for 10 feet from the top
3 and toe of the slope.
4 "Geotechnical engineer"means apracticing geotechnical/civil engineer who has a valid
5 Washington State engineering license and a valid certificate of registration in civil
6 en gin Bering at least four years of professional employment as a geotechnical engineer
7 with experience in landslide evaluation and appropriate training and experience as
8 specified in Chapter 18.43 RCW.
9
10 "Qualified critical area consultant"means a person who has the qualifications specified
11 below to conduct critical areas studies pursuant to this chapter, and to make
12 recommendations for critical area mitigation. For areas of potential geologic instability,
13 the qualified critical areas consultant shall be an engineering geologist with a Washington
14 specialty license in engineering geology as specified in Chapter 18.220 RCW or
15 geotechnical engineer; provided that:
16 i An engineering geologist may provide a study, including interpretation, evaluation,
17 analysis and application of geological information and data and may predict potential or
18 likely changes in types and rates of surficial geologic processes due to proposed changes
19 to a location and mitigation measures provided it does not contain specific engineering
20 design; and
21 ii. Engineering�geologists may provide engineering recommendations or design
22 recommendations but may contribute to a complete geotechnical report that is co-sealed
23 by a geotechnical engineer;
24 "Infill development"means the development of a vacant or under-utilized parcel or
25 parcels that are similar in size and configuration to those found in the adjacent developed
26 area Infill development minimizes the need for new utilities and streets and supports the
27 more efficient delivery of urban services through compact development patterns.
28 "Steep slope" as used in this chapter means a geologically hazardous area exhibiting
29 means any area with a eombination of slopes greater-than 15 pereent,�vith impen:neabl
30 soils, -otind watef seepage, or poteatially unstable slopes; all three of the following
31 characteristics:
32
33 a Slopes steeper than fifteen percent (15%) over- 40 pefee"t,
34 Critical slope is deten:nined by measuring�W7 veftieal rise ovef any 4 0
35 hofizontal fun far-a r
36 The er-itieal slope hazafd area ineludes the area of land that extends for 10 feet
37 from the top ,a to of the slope.
38 b Hillsides intersecting geologic contacts with a relatively pernneable
39 sediment overlying a relatively imRenneable sediment or bedrock; and
40 c. Springs or ground water seepage.
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1
2 SECTION 7. Amend Critical Areas Section 19.05.040'B Minor Critical Area
3 Permits of the Port Townsend Municipal Code to provide further guidance on what
4 constitutes "ininor" improvements:
5
6 B. Minor Critical Area Permits.
7 1. Minor Critical Area Permits. Notwithstanding any other provision of this chapter, the
8 DSD director may, subject to making the findings set forth below, issue a minor critical
9 area permit, with conditions or limitations as determined by the director. Minor critical
10 area permits may be granted only where the director makes the following findings:
11
12 a. The proposed activity is minor in nature (such as utility crossings, development or
13 remodel of 250 square feet or less when no alteration of the critical area will occur, or
14 minimal new landscaping) or creates only temporary impacts, and will have no off-site
15 impacts; and
16
17 (remainder is unchanged)
18
19 SECTION 8. Amend Critical Areas Section 19.05.060 D.4.a'Performance Standards
20 of the Port Townsend Municipal Code to clarify the table accompanying the text
21 regarding impervious surface limits:
22 4. Site Coverage—Impervious Surface Limits for Lots.
23 a. The maximum total percentage of a lot area that can be covered by
24 impervious surfaces (including parking areas) is limited by the slope of
25 the lot for all detached single-family developments as follows:
26
Lot...Cove ra eln l € Mt s
Lot Slope ° � nt ( rscd
as `% of actual land a °ea
Less than 15% 30%
15 - 30% 25%
Greater than 30% 20%
27 Areas waterward of the ordinary high water mark and areas of marine
28 bluffs, steep slopes, and wetlands shall not be included to calculate
29 land area. For example, only the buildable area landward of the marine
30 bluff edge shall be used in the calculation.
31
32 b. The director may grant a waiver, limited to the maximum lot
33 coverage requirements allowed under PTMC Title,1.7 if the proposal
34 minimizes impacts to critical areas and meets one of the following
35 criteria:
36
37 i. The proposal uses preferred practices, outlined in subsection (D)(2)
38 of this section, which are appropriate for the lot; or
39
40 ii. The lot has a unique shape or proportion (i.e., a triangular lot, with a
Ordinance 3062
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1 circuitous driveway corridor).
2
3 c. Wherever critical areas or impervious surfaces limitation areas
4 overlap, the most stringent impervious surface, vegetation and/or
5 undisturbed area requirements apply.
6
7
8 SECTION 9. Amend Critical Areas Section 19.05.080 for Fish and Wildlife Habitat
9 Conservation Areas of the Port Townsend Municipal Code to correct inconsistencies and
10 reflect the overlap with Title 16 Flood'Damage Prevention and the mandate to comply
11 with the Endangered Species Act:
12 E. Perforinance Standards for Terrestrial Habitats and Species.
13 1. A habitat management plan shall be required for any development in or adjacent to
14 areas identified as habitat for endangered, threatened or sensitive species and for breeding
15 or nesting habitat of priority species. The plan shall incorporate mitigation
16 recommendations developed in consideration of Washington Department of Fish and
17 Wildlife habitat recommendations.
18 L Special Report Required. A habitat management plan shall be required for:
19 1. any development in or adjacent to areas identified asenesting habitat
20 for endangered, threatened or sensitive prier species or for breeding or nesting
21 habitat of priority species.
22 2. Development in areas waterward of the ordinary high water mark shall require a
23 habitat anal
24 3 Unless otherwise exempt under Title 16 a pen-nit application to develop in the
25 Regulator F� loodplain shall include an assessment of the impact of the protect on
26 federal state or locally protected species and habitat water quality and aquatic and
27 riparian habitat. The assessment shall be:
28 a A Biological Evaluation or Biological Assessment developed per 50 CFR
29 402.12 to initiate Federal Interagency consultation under Endangered Species Act
30 section 7(a)(2); or
31 b Documentation that the activity fits within Section 4(d) of the Endangered
32 Species Act, or
33 c Documentation that the activity fits within a Habitat Conservation Plan
34 approved pursuant to Section 10 of the Endangered Species Act where any such
35 assessment has been prepared or is otherwise made available; or
36
37 d An assessment prepared in accordance with Regional Guidance for Flood lain
38 Habitat Assessment and Mitigation FEMA Region X 2010. The assessment shall
39 deteiniine if the project would adversely affect:
40
Ordinance 3062
Page 14 of 24
1 i Species that are Federal state or local listed as threatened or
2 endangered.
3
4 ii. The primary constituent elements for critical habitat, when
5 designated,
6 iii. Essential Fish Habitat designated by the National Marine Fisheries
7 Service,
8
9 iv. Fish and wildlife habitat conservation areas,
10
11 v Other protected areas and elements necessary for species
12 conservation.
13
14 4 Habitat Mitigation Plan - If the assessment conducted under Section 4 concludes
15 the project is expected to have an adverse effect on water quality and/or aquatic or
16 riparian habitat or habitat functions the applicant shall provide a plan to mitigate
17 those impacts in accordance with Regional Guidance for Floodplain Habitat
18 Assessment and Mitigation FEMA Region X, 2010.
19
20 a If the USFWS or NMFS issues a Incidental Take Pen-nit under Section 10 ESA,
21 Biological Opinion under Section 7 ESA; then it can be considered to qualify as a
22 plan to mitigate those impacts.
23
24 b If the project is located outside the Protected Area the mitigation plan shall
25 include such avoidance minimization restoration or compensation measures so
26 that indirect adverse effects of development in the floodplain(effects to storm
27 water, riparian vegetation bank stability, channel migration hyporheic zones,
28 wetlands etc)are mitigated such that equivalent or better habitat protection is
29 provided.
30
31 c If the project is located in the Protected Area the mitigation plan shall stipulate
32 avoidance measures as are needed to ensure that there is no adverse effect during
33 any phase of the project.
34
35 The plan's habitat mitigation activities shall be incorporated into the proposed
36 project The floodplain development permit shall be based on the redesigned
37 project and its mitigation components.
38
39 As required in Section 4 7 the building official shall not issue a certification of
40 use or a certificate of occupancy until all work identified in the Habitat
41 Assessment and mitigation plan has been completed or the applicant has provided
42 the necessary assurance device in a form acceptable to the city attorney that
43 unfinished portions of the project will be completed in accordance with Section
44 4.7.B.
45
46
Ordinance 3062
Page 15 of 24
1 SECTION 10 Amend Critical Areas Section 19.05.080B1 and Cl for Fish and
2 Wildlife Habitat Conservation Areas of the Port Townsend Municipal'Code to improve
3 consistency with WAC 365-190-130:
4 B. Classification. The following areas are defined as fish and wildlife habitat
5 conservation areas and are identified under this chapter:
6 1, Areas With Which State or Federally Designated Endangered, Threatened, and
7 Sensitive Species Have a Primary Association
8 Federally designated endangered and threatened species are those fish and wildlife
9 species identified by the U.S. Fish and Wildlife Service and the National Marine
10 Fisheries Service that are in danger of extinction or threatened to become endangered.
1 I State designated endangered threatened and sensitive species are those fish and wildlife
12 species native to the state of Washington identified by the Washington Department of
13 Fish and Wildlife.
14 4-. 2. Lands and waters containing documented habitats for plant and animal species
15 listed in the Washington Department of Fish and Wildlife's Priority Habitats and Species
16 Program R-,- e List. Habitats and species of local significance may be added by action of
17 the city council where the value and significance of such species locally can be
18 established and sound scientific evidence can be presented to establish that the species'
19 existence is determined to be locally significant;
20 23. All public and private tidelands or bedlands suitable for shellfish harvest as
21 designated by the Washington Department of Health's classification system. Shellfish
22 protection districts may be established pursuant to Chapter 90.72 RCW;
23 -34. Areas with kelp and eelgrass beds. Kelp and eelgrass beds may be classified and
24 identified by the Department of Natural Resources Aquatic Lands Program and the
25 Department of Ecology. Many locations are compiled in the Puget Sound Environmental
26 Atlas or the Port Townsend urban waterfront EIS snaps;
27 45. Herring, smelt, sand lance and forage fish beach spawning areas. Times and locations
28 are outlined in WAC 232-14-010, Hydraulic Code Guidelines, Technical Report No. 79,
29 the Puget Sound Environmental Atlas and the City of Port Townsend Shoreline Inventory
30 (2004);
31 56. Naturally occurring ponds (or created wetland ponds that are not stonnwater
32 detention/retention facilities) less than 20 acres and their submerged aquatic beds that
33 provide significant fish or wildlife habitat;
34 67. Streams and waters of the state (see WAC 190-080(5)(a)(vi)) that provide habitat to
35 endangered or threatened species, or certain species that have been identified as being
36 sensitive to habitat manipulation, as defined in WAC 222-16-030, Forest Practices Rules
37 and Regulations;
Ordinance 3062
Page 16 of 24
1 -78. Lakes, ponds and streams planted with game fish, including those planted under the
2 auspices of a federal, state, local or tribal program, and waters which support priority fish
3 species as identified by the Department of Wildlife;
4 89. Feeder bluffs along marine shorelines; and
5 910. Marine nearshore habitat areas (i.e., the area encompassing the extreme low tide
6 limit to the ordinary high water mark) and associated vegetated marine riparian areas.
7 C. Regulated Development.
8 All areas within the City of Port Townsend meeting one or more of these criteria,
9 regardless of any fonnal agency identification are hereby regulated critical areas and are
10 subject to the provisions of this Title and shall be managed consistent with the best
11 available science Maps maintained by federal state and local agencies are to be used as a
12 uig .de only and do not provide a final critical area designation. Wildlife critical areas shall
13 be field located by qualified critical areas professional based on applicable criteria.
14 1 Areas with which state or federally designated endangered threatened and sensitive
15 species have a primary association (U.S. Fish and Wildlife Service and the National
16 Marine Fisheries Service maintain current federal listing status and the state Department
17 of Fish and Wildlife maintains the most current listing of state listed species).
18 2. Development occurring on lands and waters containing documented habitats for plant
19 and animal species listed in the Washington Department of Fish and Wildlife's Priority
20 Habitats and Species Program Report.
21 At this time, the only pAquatic priorty species include but may not be limited to: pinto
22 abalone geoduck and Dungeness crab. Upland priority habitats and species known to be
23 identified and mapped by the Department of Fish and Wildlife in Port Townsend afe
24 include but may not be limited to the following:
25 a. Bald eagles;
26 b. Great blue herons;
27 c. Brant and harlequin feeding areas;
28 d. Waterfowl concentrations at Kah Tai Lagoon;
29 e. Waterfowl wintering area at golf course pond.
30 f Alcids breeding areas (The family Alcidae includes Murrelets, Pigeon
31 Guillemots Auklets Puffins and Common Murres)
Ordinance 3062
Page 17 of 24
1 3. Development occurring on lands and waters containing public and private tidelands or
2 bedlands suitable for shellfish harvest.
3 4. Development occurring on lands and waters containing kelp and eelgrass beds.
4 5. Development occurring on lands and waters containing herring, smelt, sand lance and
5 forage fish beach spawning areas.
6 6 Naturally occurring ponds (or created wetland ponds that are not stonnwater
7 detention/retention facilities) less than 20 acres and their submerged aquatic beds that
8 provide significant fish or wildlife habitat.
9 7.5. If other priority species are identified by the applicant, the city or the state of
10 Washington:
11 a. These species should wi44 be added to the list of Port Townsend's priority
12 species; and
13 b. The applicant must then provide a habitat management plan recommending
14 appropriate protections based on the state Department of Wildlife priority habitat
15 species management recommendations, as well as any other proposed mitigation
16 measures that are considered necessary and appropriate by the director for the
17 protection of the species identified.
18 8.6. Species of local significance may be added for protection by action of the city
19 council where the value and significance and sound scientific evidence can be presented
20 to establish that the species' existence is threatened or endangered locally.
21
22
23 SECTION 11. Amend Critical Areas Sections 19.05.080 F Performance Standards
24 for Marine Habitats and new G. under Fish and Wildlife Habitat Conservation Areas of
25 the Port Townsend Municipal Code to address new requirements for implementing the
26 National Flood Insurance Program (NFIP) consistent with the Endangered Species Act
27 (ESA):
28
29 F. Performance Standards for Marine Habitats and Species.
30 1. Development in areas waterward of the ordinary high water mark shall require a
31 habitat analysis and shall ive special consideration to the preservation and enhancement
32 of anadromous fish habitat.
33 2. Development proposals shall be designed to first avoid and then minimize
34 environmental impacts.
35 3. Unavoidable impacts to marine habitat and environmental processes shall be mitigated
36 to achieve no net loss of habitat function.
37 4. A habitat management plan shall be required for any development likely to cause
38 impacts to marine habitat and environmental processes. The plan shall incorporate
Ordinance 3062
Page 18 of 24
1 mitigation recommendations consistent with Washington Department of Fish and
2 Wildlife habitat recommendations.
3 5. All in-water development shall meet the requirements of the Hydraulic Project
4 Approval (HPA) process administered by Washington Department of Fish and Wildlife.
5
6 SECTION 12. Amend Critical Areas Section 19.05.100 B Classification for
7 Geologically hazardous areas of the Port Townsend Municipal Code to improve
8 consistency with definition of"steep slope" in section 19.05.020 of the Critical Areas
9 Ordinance:
10 B. Classification. Criteria for identifying geologically hazardous areas include the
11 following:
12 1. Any area containing soil or soil complexes described or mapped within the United
13 States Department of Agriculture/Soil Conservation Service Soil Survey for Jefferson
14 County as having a severe to very severe erosion hazard potential;
15 2. Any af ea with slopes greater than 15 petvent and iffiPOrmeable soils (t�,pieally silt a
16 elay) ffequently inter-bedded with gfanulaf soils (pr-edominately sand and gr-avel); and
17 r- seepage from„Q,,r a „to,.tables;
18 2 Areas with all three of the following characteristics:
19
20 a Slimes steeper than fifteen percent (15%);
21
22 b Hillsides intersecting geologic contacts with a relatively permeable
23 sediment overlying a relatively impermeable sediment or bedrock; and
24 c. Springs or ground water seepage.
25 3. Any area potentially subject to mass movement due to a combination of geologic,
26 topographic, and hydrologic factors, but not limited to those areas mapped or described
27 by the Soil Conservation Service, the Washington State Department of Ecology,
28 Department of Natural Resources or U.S. Geologic Service. These classifications may be
29 based on performance standards rather than mapping;
30 4. Any area potentially unstable or subject to erosion or sloughing as a result of rapid
31 stormwater runoff, soil saturation or undercutting by wave action;
32 5. Any slope of 40 percent or steeper that exceeds a vertical height of 10 feet over a 25-
33 foot horizontal run;
Ordinance 3062
Page 19 of 24
1 6. Areas subject to severe risk of damage as a result of earthquakes, slope failure,
2 settlement, soil liquefaction or faulting. These areas are identified by the presence of
3 poorly drained soils (greater than 50 percent silt and less than 35 percent coarse material),
4 loose sand or gravel,peat, artificial fill and landslide materials, or soils with high organic
5 content.
6 SECTION 13. Amend Critical Areas Section 19.05.100 D (2)(e) Landscaping Design
7 for Geologically hazardous areas of the Port Townsend Municipal Code to cross-
8 reference the associated mitigation plan:
9 e. Landscaping Design.
10 i. A site mitigation plan shall be prepared in accordance with Section
11 19 05 060D(6),) unless otherwise waived by the Director.
12
13 i_i. The disturbed area of a development site shall be landscaped to provide long-
14 term erosion control.
15
16 iii. Landscape plantings should encourage the use of drought-tolerant native
17 vegetation such as those described in the Department of Fish and Wildlife's
18 "Plants for Wildlife in Western Washington."
19
20 iiiv. All landscaping must be completed in erosion areas and steep slopes before a
21 development will receive a final inspection.
22
23
24 SECTION 14, Amend Section 19.05.100 E Critical area 4—Geologically hazardous
25 area of the Port Townsend Municipal Code to more equitably apply buffers and setbacks
26 for infill development and for single lots whether platted or unplatted.,�
27 E. Buffers and Setbacks.
28 1. Engineering Geologist recommends buffer subject to minimum:_Within the
29 management zones established for marine bluffs and inland banks under subsections
30 (D)(2)(f)(ii) and (iii) of this section, the buffer width shall be established by an approved
31 geotechnical report prepared by an engineering geologist with a Washington specialty
32 license in engineering geology as specified in Chapter 18.220 RCW. The report shall be
33 based upon the best available science, existing and proposed uses, risks of slope failure,
34 and coastal erosion rates, if applicable. The recommended buffer shall be based on site
35 specific conditions and proposed design; however, in no case shall the buffer be less than
36 the minimum buffers established by this section and/or the Shoreline Master Program as
37 applicable.
38 2. Minimum buffer for New Land Division: Unless otherwise excepted in Section 3 of
39 this Section, for new short plats, subdivisions,binding site plans, and PUDs, a minimum
40 buffer of 50 feet shall be provided from the edge of all marine bluffs, and 25 feet from
Ordinance 3062
Page 20 of 24
1 inland banks; provided, that a reduction in the required buffer width to a distance equal to
2 the height of the slope may be permitted when the geotechnical report concludes that
3 doing so would not result in an increased risk to people or property or impacts to
4 environmental processes. Erosion rates measured over the long-term (i.e., using at least a
5 75-year period) shall be evaluated in any geotechnical report recommending a buffer
6 width less than the applicable minimum. Under no circumstance may the buffer width for
7 a marine bluff be less than a distance equal to the sum of the bluff erosion rate over at
8 least 75 years plus 20 feet. (Also see Section 19.05.060D(3) New Short Plats, Binding
9 Site Plans and Subdivisions—Building Pad).
10 3. Minimum buffer for existing lots and infill subdivisions: For existing platted lots, and
11 infill subdivisions creating no additional waterfront lots, a steep slope buffer less than
12 that required for new subdivisions under subsection (E)(2) of this section may be
13 pennitted w he neeessafy to allow development of a single-family residence; provided,
14 that the geotechnical report concludes that doing so would not result in an increased risk
15 to people or property or impacts to environmental processes. Additionally, for proposals
16 within the shoreline jurisdiction, in no case shall the reduced buffer width be less than a
17 distance equal to the sum of the bluff erosion rate over at least 75 years plus 20 feet from
18 the crest; or 10 feet from the sides and the toe of a marine bluff(DR 6.8.1 of the
19 Shoreline Master Program). (Also see Section 19.05.060D(3) New Short Plats, Binding
20 Site Plans and Subdivisions—Building Pad).
21
22 SECTION 15. Amend Critical Areas Section 19.05.110 E 3(a) Buffer Widths of the
23 Port Townsend Municipal Code to correct the table:
24
25 3. a. The width of the buffer zone shall be based upon wetland category, intensity of
26 impacts, and wetland functions or special characteristics, as set forth below:
Buffer Widths
Buffer Widths by Impact
Wetland Characteristics
(Note: If multiple characteristics are of Land Use Other Measures Recommended for
present,the most protective buffer (Note: The most Protection
width applies) protective buffer width
applies)
Category I Wetlands
Natural Heritage Wetlands Low— 125 feet No additional discharges of surface
Moderate— 190 feet water; no septic systems within 300 feet;
High—250 feet restore degraded parts of buffer.
Bogs Low— 125 feet No additional surface discharges; restore
Moderate— 190 feet degraded parts of buffer.
High—250 feet
Forested Buffer size to be based on If forested wetland scores high for
Ordinance 3062
Page 21 of 24
Buffer Widths
Buffer Widths by Impact
Wetland Characteristics
of Land Use
(Note: If multiple characteristics are (Note: The most Other Measures Recommended for
present,the most protective buffer Protection
protective buffer width
width applies)
applies)
score for habitat functions habitat, need to maintain connectivity to
or water quality functions. other natural areas; restore degraded
parts of buffer.
Category 11 Wetlands
Estuarine Low– 100 feet Reserved.
Moderate– 150 feet
High–200 feet
Wetlands in Coastal Lagoons Low– 100 feet Reserved.
Moderate– 150 feet
High–200 feet
High level of function for habitat(score for Low– 150 feet Maintain connectivity to other natural
habitat 29-36 points) Moderate–225 feet areas; restore degraded parts of buffer.
High–300 feet
Moderate level of function for habitat Low–75 feet Reserved.
(score for habitat 20-28 points) Moderate– 110 feet
High– 150 feet
Category II Wetlands
High level ef funGtieR for water quality Low 50
i�
r!er 75 feet rURE)ff.
a,to�—��
habitat(less than 20 nn'ntc) K9"_-TOO feet,
Net meeting any ef the above Griteria LAv.(-50 feet R°g;°cri°Pd.
Mederuto' 7— feeet
High, 'met
High level of function for habitat(score for Low– 150 Maintain connectivity to other natural
habitat 29-36 points) Moderate–225 areas.
High–300
Moderate level of function for habitat Low–75 Reserved.
(score for habitat 20-28 points) Moderate– 110
High– 150
High level of function for water quality Low–50 No additional discharges of untreated
improvement and low for habitat(score for Moderate–75 runoff.
Ordinance 3062
Page 22 of 24
Buffer Widths
Buffer Widths by Impact
Wetland Characteristics
of Land Use
(Note: If multiple characteristics are (Note: The most Other Measures Recommended for
present,the most protective buffer Protection
protective buffer width
width applies)
applies)
water quality 24-32 points; habitat less High— 100
than 20 points)
Estuarine Low—75 Reserved.
Moderate— 110
High— 150
Wetlands in Coastal Lagoons Low—75 feet Reserved.
Moderate— 110 feet
High— 150 feet
Interdunal Low—75 Reserved.
Moderate— 110
High— 150
Not meeting above criteria Low—50 Reserved.
Moderate—75
High— 100
Category III Wetlands
Moderate level of function for habitat Low—75 Reserved.
(score for habitat 20-28 points) Moderate— 110
High— 150
Not meeting above criteria Low—40 Reserved.
Moderate—60
High—80
Category IV Wetlands
Score for functions less than 30 points Low—25 Reserved.
Moderate—40
High—50
1 See also PTMC 19.05.11 Q(E)(5), (6) and (7)for provisions relating to increased and decreased buffer
2 widths and buffer width averaging.
3
4
5
Ordinance 3062
Page 23 of 24
1 SECTION 16. Severability. If any sentence, clause or phrase of this ordinance should
2 be held to be invalid or unconstitutional by a court of competent jurisdiction, such
3 invalidity or unconstitutionality shall not affect the validity or constitutionality of any
4 other section, sentence, clause or phrase or work of this ordinance.
5
6 SECTION 17: Transmittal TO DOC and DOE. The City Clerk shall transmit a copy
7 of this Ordinance to the State Department of Commerce (DOC) and Department of
8 Ecology (DOE) within ten (10) days of adoption of this ordinance.
9
10
11 SECTION 18. Effective Date
12 A. Unless otherwise specified in subsection B, this Ordinance shall take effect
13 immediately after passage if adopted by a majority plus one of the City Council.
14 Otherwise this ordinance shall take effect and be in force five days after the date of its
15 publication in the manner provided by law Publication of this ordinance shall be by
16 summary there of consisting of the title.
17
18 B. For lands within shorelines jurisdiction Sections 14 15 16 and 23 of this ordinance
19 shall not take effect until the date on which these sections are approved by the
20 Washington Department of Ecology (90.58.090 RCW and Section 19.05.160 (B)
21 PTMC). If Ecology does not approve these amendments in their entirety then those
22 portions approved by Ecology shall be effective and the portions not approved by
23 Ecology shall not apply to lands within shorelines jurisdiction.
24
Ordinance 3062
Page 24 of 24
1
2 Adopted by the City Council of the City of Port Townsend, Washington, at a regular
3 meeting thereof, held this 6th day of September 2011.
4
5
6
7 1
8 Michelle Sandoval, Mayor
9
10 Attest: Approved as to Forfn:
11
12
13 L
.e�
� ..
14 Pamela Kolacy, MMC John P. Watts
15 City Clerk City Attorney
16
17