HomeMy WebLinkAbout2319 Regulating Development in Environmentally Sensitive Areas Pursuant to the Growth Management ActORDINANCE NO. 2319
AN ORDINANCE CREATING A NEW CHAPTER 19.05 OF THE PORT TOWNSEND
MUNICIPAL CODE CREATING REGULATIONS FOR DEVELOPMENT IN
ENVIRONMENTALLY SENSITIVE AREAS PURSUANT TO THE REQUIREMENTS OF
THE STATE GROWTH MANAGEMENT ACT AND AMENDING CHAPTER 3.36 OF
THE PORT TOWNSEND MUNICIPAL CODE TO ASSESS FEES FOR PERMIT
APPLICATIONS UNDER NEW CHAPTER 19.05.
WHEREAS, the Washington State Growth Management Act (GMA) requires that Environmentally Sensitive Areas
within the City of Port Townsend are to be protected by establishing interim regulations and standards for
minimizing the impact of properties within Environmentally Sensitive Areas, the City Council of the City of Port
Townsend makes the following findings:
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The GMA mandates that counties and cities address protection of Environmentally Sensitive Areas
on an interim basis until final regulations are adopted as part of the planning process required
under the GMA. These areas, as defined in the GMA, are more expansive than the City of Port
Townsend's current definitions and categories of Environmentally Sensitive Areas. This Chapter
is designed to meet the challenges and satisfy the requirements of the GMA with regard to all
Environmentally Sensitive Areas in the City by amending and revising the goals, and policies and
regulations for the City's Environmentally Sensitive Areas.
The critical environmental features identified as Environmentally Sensitive Areas which require
regulation by the City of Port Townsend are: Aquifer Recharge Areas, Fish and Wildlife Habitat
Areas, Frequently Flooded Areas, Critical Drainage Corridors; Geologically Hazardous Areas,
and Wetlands and Streams. These Sensitive Areas will be regulated by adoption of this chapter,
establishing an interim Environmentally Sensitive Areas Protection Ordinance.
The City of Port Townsend is experiencing rapid growth. The development of residencos,
businesses, shopping areas and other development all have the potential to often adversely affect
the City's natural environment.
Regulation of Environmentally Sensitive Areas benefits and protects property owners by
preventing and avoiding development which would have adverse impacts on property, since many
of these areas have characteristics that are potentially hazardous to adjoining property and to
development.
Development in Geologically Hazardous Areas (Erosion Hazards, Steep Slopes, Landslides and
Seismic Hazards) and Frequently Flooded Areas may result in:
1. Potential threat to the health and safety of residents and employees of businesses within the City;
2. Potential damage or loss to public and private property within the City;
3. Potential losses to the public as a result of increased expenditures for replacing or repairing public
facilities; providing publicly funded facilities to reduce or eliminate potential hazards to life and property;
providing emergency rescue and relief operations; and from potential litigation resulting from incompatible
development in these areas.
Wetlands and Critical Drainage Corridors are environmentally sensitive and provide numerous
critical natural functions and values. These functions include wildlife and fisheries habitat, water
quality protection, stormwater management, flood protection, shoreline stabilization, ground water
recharge and stream-flow augmentation. In many situations these functions cannot be adequately
replicated or replaced.
Development in Fish and Wildlife Habitat Areas may result in losses in the numbers and varieties
of wildlife species, loss of vegetation which results in increased erosion and sedimentation, loss
of economic opportunities in fisheries and tourism industries, and loss of opportunities for outdoor
recreation, research and education.
Development in Environmentally Sensitive Areas may threaten on-site development as well as
neighboring sites and natural resources, and requires special design, construction and site
development practices to minimize risk from these hazard~.
It is the legislative intent of the Port Townsend City Council that the standards set out in this
Chapter are necess~-y to accomplish the purposes of this Chapter and shall remain in effect until
replaced by permanent regulations developed through the GMA planning process.
THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND IN REGULAR SESSION ASSEMBLED, DOES
ORDAIN AS FOLLOWS:
Section 1. The Port Townsend Municipal code is hereby amended to add a new Chapter 19.05 to read as follows:
Chaoter 19.0~
ENVIRONMENTALLY SENSITIVE AREAS
Sections:
19.05.010 Purpose
19.05.020 Definitions
19.05.030 General Provisions
19.05.040 Sensitive Area Permit Requirements
19.05.050 Sensitive Area Permit Administration
19.05.060 Performance Standards for Development
19.05.070 Sensitive Area I - Aquifer Recharge Areas
19.05.080 Sensitive Area 2 - Fish and Wildlife Habitat Areas
19.05.090 Sensitive Area 3 - Frequently Flooded Areas and Critical Drainage Corridors
19.05.100 Sensitive Area 4 - Geologically Hazardous Areas
19.05.110
19.05.120
19.05.130
19.05.140
19.05.150
19.05.160
19.05.170
19.05.180
19.05.190
Sensitive Area 5 - Wetlands
Violations and Penalties
Bonding and Security
Other Laws and Regulations
Suspension, Revocation
Amendments
Severability
Assessment Relief
Limitation of Actions
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(Port Townsend, October 19, 1992)
19.05.010 Puroose. The Washington Growth Management Act (GMA), requires that Environmentally
Sensitive Areas within the City of Port Townsend are to be protected by establishing interim protection standards
for minimizing the impact of development of properties within Environmentally Sensitive Areas. The goal of this
chapter is to protect and improve Port Townsend's Environmentally Sensitive Areas for the present and future
generations.
Many elements of Port Townsend's natural environment are fragile r~our~ which are sensitive to the impacts of
urban development, or may pose hazards to the community if developed. These resources are comprised of
wetlands, geologic landforms, plant and animal life. These resources are termed "Environmentally Sensitive
Areas," which also include their protective buffers, and are of special concern to the City and the citizens of the
State of Washington. This document addresses only the City's Environmentally Sensitive Areas -- it has been
determined that the City of Port Townsend will not designate any Natural Resource Lands as defined by the Growth
Management Act. It is the intent of this chapter to protect the public health, safety, and welfare by:
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Reducing the potential for personal injury, loss of life or property damage due to flooding,
erosion, landslides, seismic events, or soil subsidence.
Using the ARC approach to Environmentally Sensitive Area impacts - Avoid, Reduce, and
1. First, if at all possible, AVOID adverse impacts;
2. Second, if that is not reasonable or possible, REDUCE adverse impacts by:
a. Minimizing or limiting the degree or magnitude of the development and its
implementation by using appropriate technology, or by taking affirmative steps to avoid
or reduce impacts.
b. Reducing or eliminating the impact over time by preservation and maintenance
operations during the life of the development activity.
3. Finally COMPENSATE for the impact by:
a. Rectifying the adverse impact by repairing, rehabilitating, or restoring the affected
environment.
b. Compensating for unavoidable impacts by replacing, enhancing or providing substitute
resources or environments.
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Protecting against publicly financed expenditures due to the misuse of Environmentally Sensitive Areas
which cause on-site or off-site:
1. Unnecessary maintenance and replacement of public facilities;
2. Public funding of mitigation for avoidable impacts;
3. Cost for public emergency rescue and relief operations where the causes are avoidable;
4. Degradation of the natural environment;
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Protecting unique, fragile, and valuable elements of the environment, including wildlife and its habitat.
Alerting appraisers, assessors, owners, potential buyers, or lessees to the development limitations of
Environmentally Sensitive Areas.
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Providing City officials with sufficient information to adequately protect Environmentally Sensitive Areas
when approving, conditioning, or denying public or private development proposals.
Implementing the policies of the State Environmental Policy Act, the State Growth Management Act, the
Port Townsend Municipal Code, and the City of Port Townsend Comprehensive Plan.
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(Port Townsend, October 19, 1992)
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19.05.020 Definitions. For the purposes of this c pter, the following definitions shall apply:
Aggregate Setback: 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 the Performance Standards for Development in Section
19.05.060.
Agricultural Operation: 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.
Alteration: 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.
Alteration does not include walking, passive recreation, or similar activities.
Applicant: a person who files an application for a development permit under the Port Townsend Municipal 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 control and direct the proposed activity, or the
authorized agent of such a person.
Aquifer Recharge Area: geological and soil formations with recharging areas having an effect on aquifers used
for potable water where a potential source of drinking and ground water is vulnerable to contamination.
Base Flood: is 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.
Best Management Practices(BMPs): 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 groundwater 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.
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 BMP's are more fully identified in the
Procedures Manual to be adopted by the Planning Director.
Buffer: au 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. acts to minimi~,e 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
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(Port Townsend, October 19, 1992)
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.
Building pad: 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 this regulation (See Performance Standards for Development, Section
19.05.060. The area must be delineated on all land use approvals or permits.
Classified species: endangered, threatened, and priority species as defined by the State Department of Wildlife.
Compensatory Mitigation: 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.
Critical Areas: under the GMA, Critical Areas are to be classified, designated and protected. 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.
Critical
Drainage Corridor or Area: 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 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.
Critical
Facility: 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.
Critical
Habitat: 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.
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(Port Townsend, October 19, 1992)
Cmnulative 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.
Delineation: 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.
Development: 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.
Director: refers to the Director of the City of Port Townsend Planning and Building Department and his/her
designees.
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 non-indigenous plant and/or animal
species. Enhancement of one function should not result in the degradation of other functions.
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.
Erosion Hazard Area: those areas containing soils which, according to the USDA Soil Conservation Service, may
experience severe to very severe erosion.
Exotic Species: plants or animals that are not native to the Olympic Penin.gula region.
Federal Manual for Identifying and Delineating Wetlands (1989): a manual which describes technical criteria,
field indicators and other sources of information, and methods for identifying and delineating
jurisdictional wetlands.
Fish and Wildlife Habitat 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.
Frequently Flooded Areas: 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 drai~ge corridors. These areas include, but
are not limited to, floodplains, critical drainage corridors, lakes, coastal areas, and wetlands.
Functions: 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; groundwater recharge and discharge; erosion control; wave attenuation;
aesthetic value protection; and recreation.
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(Port Townsend, October 19, 1992)
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.
Hydric
Soils: 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).
Impervious Surfaces: areas or surfaces that cannot be easily penetrated by rain or surface water ranoff. 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.
Landslide HR~,ard Areas: 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.
Mitigation: 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.
Native Vegetation: plant species which are indigenous to the Olympic Peninsula.
Noxious Weed: any plant which is invasive -- for example, blackberries or nettles -- and listed on the state noxious
weed list in Chapter 16-750 WAC.
Off-site Compensation: 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.
On-site Compensation: 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.
Out-of-kind Compensation: 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.
Peer Review: 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 adequacy of the analysis, and the completeness of the
original checklist. The cost for the peer review will be borne by the applicant.
Practicable Alternative: an alternative available and capable of being carried 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.
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(Port Townsend, October 19, 1992)
Pre-treatment Facilities: see Wetlands, Constructed
Procedures Manual: 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 Ordinance.
Qualified Semitive Area Consultant: 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 geotechnlcal 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.
Repair: activities that restore the character, size, or scope of a project only to the previously authorized condition.
Reports and Surveys: 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
Restoration: 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.
Retention/Detention Facility: a drainage facility designed either to: 1) retain runoff for a considerable length of
time, and release via evaporation, plant transpiration, and/or infiltration into the ground, or 2) to detain
runoff for a short period of time, and release to an associated surface/stormwater system at a rate not
exceeding pre-development (historical) flows.
Seismic
Ha~rd Areas: shall include 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% 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.
Setback: the distance specified by these regulations between a structure and a buffer, property line, road, etc.
Significant Vegetation: means any tree with a diameter of ten inches or more at breast height; native "understory"
vegetation from four to ten feet in height; and, any species listed in the Washington Department of Wildlife
Priority Habitats and Species Program report.
the entire lot, series of lots or parcels on which a development is located or proposed to be located, including
all contiguous undeveloped lots or parcels under common ownership of the applicant, or the client(s)
represented by the applicant.
Slope: an inclined ground surface, the inclination of which is expressed as a ratio (percentage) of vertical distance
to horizontal distance by the following formula:
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(Port Townsend, October 19, 1992)
vertical distance
horizontal distance X 100 = % slope
Species of Local Significance: those species that are of local concern due to their population status or their
sensitivity to habitat manipulation or that are game species.
Steep Slope: any area with a combination of slopes greater than 15% with impermeable soils, ground water
seepage, or potentially unstable slopes; also, critical slopes over 40%. 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.
Stormwater blanagement Manual: The Stormwater Management Manual for the Puget Sound Basin (July 1992)
by the Washington State Department of Ecology.
Swale: a shallow drainage conveyance facility with relatively gentle side slopes, and generally flow depths of
less than one foot.
Top 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.
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).
Wetland, Cons~: intentional construction of a wetland on an area that was previously non-wetland for
purposes of wastewater or stormwater treatment, and managed as such. Examples could include, pre-
treatment facilities, such as stormwater retention ponds or grassy swales.
Wetlands Definition: 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 non-wetland
sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention
facilities, wastewater treatment facilitie~s, farm ponds, and landscape amenities. However, wetlands may
include those artificial wetlands intentionally created from non-wetland areas created to mitigate conversion
of wetlands if permitted by the City (WAC 365-190-010).
Wetland edge: the boundary of a wetland as delineated based on the definitions contained in the Federal Manual
for Identifying and Delineating Jurisdictional Wetlands (1989).
Wetlands, Isolated: meet the following criteria: 1. Are outside of and not contiguous to any 100-year floodplain of a lake, river, or stream; and
2. Have no contiguous hydric soil or hydrophytie vegetation between the wetland and any surface water.
3. Have no surface water connection to lake, stream, estuary or marine waterbody.
Wetlands, Jurisdictional (see Wetlands, regulated): 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.
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(Port Townsend, October 19, 1992)
Wetland, Rating: as defined in the Washington State Wetlands Rating System For Western Washington, October
1991. (See the Procedures Manual.)
Wetlands, Regulated: (see Wetlands, Jurisdictional)
Regulated wetlands include:
1. All category I wetlands.
2. All category II and III wetlands that are greater than 5000 square feet.
3. All category IV wetlands greater than I0000 square feet.
19.05.030 General Provisions, This section contains provisions of the Ordinance that pertain to all
applications thereof.
A. Greater Restrictions
1. When any provision of any other chapter of the Municipal Code of the City of Port Townsend 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 of Port Townsend 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, PUDs, short and long
subdivisions, street development permits, or any development subject to stormwater drainage requirements
under Title 16 of the Port Townsend Municipal Code. Prior to an applicant's fulfilling the requirements
of this chapter, the City of Port Townsend shall not grant any approval or permission to conduct
development or use in a Sensitive Area and its buffer.
2. State Environmental Policy Act. 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
Port Townsend Municipal Code, Title 19.
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
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(Port Townsend, October 19, 1992)
in the administration of the City's Shoreline Master Program regulations.
D. Procedures Manual
The 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 Semitive Areas
1. This Chapter shall apply to all Environmentally Sensitive Areas and their associated buffers located
within the jurisdiction of the City of Port Townsend.
2. The approximate location and extent of enviromnentally sensitive areas will be displayed on various
inventory maps available at the City of Port Townsend Planning and Building 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 ordinance shall not apply.
19.05.040 Semitive 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 herein, 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 Section 19.05.030(C.) hereof, 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
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(Port Townsend, October 19, 1992)
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 ~placement of such structures and improvements
to insure that impacts do not occur.
3. New accessory structures and additions to structures whose development coverage does not
exceed an additional 250 sq. ft. of impervious surface in the aggregate after the effective date of
this chapter. The Director may limit or condition on-site activities to insure that impacts do not
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 years; provided,
that the previous study evaluated the type and extent of development proposed to occur on the lot.
Other studies, such as SEPA documents or studies, may be accepted by the Director if they are
found to meet the requirements for Environmentally Sensitive Areas studies. This exemption does
not preclude city staff from conditioning a land use permit to avoid impacts to Environmentally
Sensitive Areas consistent with the policies of this chapter.
5. Existing agricultural activities. If a site has remained idle for more than ten (10) years
from the date of the adoption of this ordinance, 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
wil 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, provided that any regulation in effect at the
time of such award shall apply to such proposal.
C. Existing Structures and Improvements
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(Port Townsend, October 19, 1992)
Structures and improvements in existence on the date 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 non-conforming 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 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 Section
19.05.050G. Notice of a final decision shall be given as provided in Section 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 subsection 2
below.
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.
a. Staff Site Visit: If there is reason to believe a development project may involve an
Environmentally Sensitive Area, a member of the City of Port Townsend Planning and Building
Department staff will visit the site to establish the probable existence or absence of an
Environmentally Sensitive Area.
b. Pre-Application Consultation: Any person intending to apply for an Environmentally
Sensitive Areas permit is required to meet with the Planning 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 5-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'
diameter at breast heigh0. Unless the Director waives one or more of the following information
requirements, a Site Construction Plan shall include:
(1.) On four lots or less, a plan description and maps at a scale no smaller than 1"=20'.
On more than four lots, plan description and maps shall be no smaller than 1" =SOL 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 Environmentally Sensitive Area on the parcel. The certified
survey boundary of wetlands will require delineation before the site survey.
(2.) A description of the vegetative cover of the Environmentally Sensitive Area and
13-
(Port Townsend, October 19, 1992)
adjacent area including significant species and native vegetation;
(3.) 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 be
identified along with the location of any existing utilities to be connected to the site.
(4.) 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;
(5.) Elevations of the site and adjacent lots within the Environmentally Sensitive Area
and its buffer at contour intervals of 5 feet;
(6.) Top view and typical cross-section views of the Environmentally Sensitive Area and
its buffer to scale;
(7.) 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 identify and characterize any Environmentally Sensitive Area as
a part of the larger development proposal site, assess any hazards to the 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.
(1.) 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.
(2.) 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.
(3.) These Special Reports shall be prepared by qualified Sensitive Area consultants in
the area of concern (see Procedures Manual).
(4.) The specific requirements of such reports shall be identified at the pre-application
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:
(1.) There will be no alteration of the Environmentally Sensitive Areas or required
buffer; and
(2.) 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
(3.) The minimum standards required by this chapter are met.
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(Port Townsend, October 19, 1992)
g. Exceptions to Special Reports: No special report is required for the following
development proposals:
(1.) 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.
(2.) A residential building permit for a lot which was subject to a previous Special
Report, provided that the previous special report was completed within 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.
(3.) 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.
(1.) Prior to the Prex~nstrucfion 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.
(2.) 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 Planning and Building Department.
(3.) Maintain the field markings for Environmentally Sensitive Area(s) and areas to
remain undisturbed throughout the duration of the permit.
A Preconstruction Meeting at the development site is required for all projects.
(1.) 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.
(2.) No construction activity, including land cleating 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 Section 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 ordinance would be furthered
by requiting 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
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(Port Townsend, October 19, 1992)
particular parcel outside of the normal permitting process, a request may be made upon payment to the Planning
and Building 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 subsection I above to allow a conclusive determination to be made.
19.05.050 Sensitive Area Permit Administr~ti0n.
This section contains the procedures that the City will use in processing a sensitive area permit. This
process includes a reasonable use section which 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
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 within 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
judgement, 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
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(Port Townsend, October 19, 1992)
impacts, and review of a Special Report's contents which lie within the other agency's jurisdiction
or expertise.
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 Section 19.05.060(A)(8) of this Chapter.
5. The Director shall review the proposed Site Mitigation Plan to determine acceptance/denial of
the proposed compensation. 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, to the extent practicable and feasible, 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 herein to provide a timely and coordinated permit process.
2. The Director should, where staffing and workloads allow, notify the applicant as to the completeness
of the application within fifh~efl days. AR application shall not be deemed complete until and unless all
information necessary to evaluate the proposed development activity, its impacts, and its compliance with
the provisions of this chapter have been provided to the satisfaction of the Director. Such determination
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 months 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 tho Planning
Department upon issuance of the permit.
4. AR extension of an original permit may be granted upon written request to the Director by the original
permit holder or the successor in title. AR 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 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 at the earliest possible date after filing of an application for
two consecutive weeks in the City's official newspaper.
2. Notice shall be mailed to all property owners of record withio two hundred (200) feet of the boundaries
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(Port Townsend, October 19, 1992)
of the development site.
A public comment period of fifteen (15) calendar days shall be provided for each application. The date
by which comments may be filed shall be identified on the required notices for the application. The comment period
may be extended for a reasonable period by the Director where holidays or other factors make a longer period
reasonable. The Director may require additional notification and comment 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
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 mod/fy a development standard may be appealed pursuant to the provisions
of Section 19.05.050(G) below and Chapter 1.14 of the Port Townsend Municipal Code. 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.
6. Notice of the Director's decision on an exception, along with the procedures for filing an appeal, shall
be published at least once each week for two consecutive weeks in theCity's official newspaper.
E. Minimizin~ Sensitive Area Impact
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(Port Townsend, October 19, 1992)
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.
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;
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 Decisiom
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, may appeal such final decision by following the applicable appeal procedure outlined
in Chapter 1.14 of the Port Townsend Municipal Code. Any appeal of a final decision involving determination of
the presence or absence of Environmentally Sensitive Areas must be filed within seven calendar days from the
Notice of a final decision notwithstanding the provisions of Chapter 1.14.
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 of the Port Townsend Municipal Code.
I. Hold Harmless Agreement
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
- 19-
(Port Townsend, October 19, 1992)
as the result of construction or other action undertaken by the applicant on the subject property, and shall mn with
the land for a period of at least 3 years from completion of the work and be binding on the applicant and his/her
successors and assigns.
J. Record Notice of Presence of Semitive Area
1. The owner of any property with a field verified presence of Sensitive Areas or their associated buffer
pursuant to this code 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 nm with the land. The applicant shall submit proof that the notice has been filed for
record before the City of Port Townsend 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.
19.05.060 Performance Standards for Development
A. The Performance Standards below apply to any development and to all short plats, subdivisions, and
lot line revisions proposed within confirmed Environmentally Sensitive Areas in Port Townsend. These standards
are general development practices to minimize problems related to water quality, stormwater and erosion control,
and the placement and construction of development in the City's Environmentally Sensitive Areas. In addition to
the following general performance standards, if a site contains an Environmentally Sensitive Area, such as a steep
slope or a wetland, the applicable set(s) of regulations outlined in the following Sections of this chapter shall also
apply. The Procedures Manual for Port Townsend's Environmentally Sensitive Areas shall provide more specific
and detailed information on identifying and protecting these areas.
1. Minimum Lot Area
a. For the purpose of this Chapter, minimum lot area in confirmed Environmentally Sensitive Areas shall
be 9,900 sq. ft., with the exception of those lots containing only aquifer recharge areas, frequently flooded
areas or seismic hazard areas. The minimum lot area for lots containing only aquifer recharge areas,
frequently flooded areas or seismic hazard areas shall be as specified in the zoning ordinance.
b. "Lot Area" means the total horizontal area within the boundary lines of a lot. Where utility or private
access easements are located within a parcel, lot area computation shall include that area contained within
the easement. Where public street rights-of-way are located within or bordering a parcel, lot area
computation shall not include that area contained within such rights-of-way.
c. The design, shape, size and orientation of lots shall be appropriate to the use for which the lots are
intended and the character of the area in which they are located. Lot areas in excess of 9,900 sq. ft. may
be required for reason of steep slopes, slide hazards, poor drainage, flood hazards, wetland buffers, or to
reduce habitat impacts, or other unique conditions or features which warrant protection of the public
interest.
d. Parcels in single ownership with an area less than 9,900 square feet which are in existence on the date
this Chapter becomes effective shall be considered legal non-conforming lots. Development on these
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(Port Townsend, October 19, 1992)
parcels shall conform to the procedures and development standards of this chapter. Development of these
parcels may be conditioned to avoid impacts to Environmentally Sensitive Areas. Such parcels in single
ownership which contain more than one platted lot shall be considered a single parcel for purposes of this
chapter. A parcel is defined as any tax parcel in existence at date of adoption of this chapter.
e. Vacant platted lots which are held in the same ownership as a platted lot or lots containing an existing
dwelling or commercial structure are excepted from the 9900 square foot lot area requirement as long as
no parcel is created which does not meet the lot area or dimensional requirements of the zoning ordinance.
f. Any parcel less than 9,900 square feet in lot area which is subject to a pending purchase and sale
agreement at the time of adoption of this chapter, which is actually consumated, shall be excepted from
the 9,900 square foot minimum lot area requirement.
2. Site Development
ao
Setback Exception: Aggregate setbacks totalling 40 feet are permitted for development proposals
for single lots, subdivisions, and short plats IF:
(1.)
The total Environmentally Sensitive Areas on a lot exceed 50 % of the minimum lot size
required for that site; and
(2.)
No setback is less than 5 feet - except for a front-yard setback or any
setback from a street right-of-way, which cannot be less than 10 feet;
and 20 feet from an arterial; and
(3.) Significant vegetation is preserved; and
(4.) The applicant demonstrates to the Director that the use of aggregate setbacks will not:
(a)
Co)
(c)
be materially detrimental to the public welfare or injurious to adjacent property
or improvements; and
adversely alter neighborhood character or the appropriate use or development
of adjacent property; and
conflict with the general purposes and objectives of the Comprehensive Plan.
bo
The City will mail notification of the proposed setback exception to all adjacent property owners
within two hundred (200) feet of the site and will post notification on the site consistent with the
provisions of section 19.05.050(C) at the time of application.
Aggregate Setbacks may be used for new short plats, subdivision, and lot line revisions, provided
the criteria outlined above are satisfied and the approved setbacks are recorded on final
documents.
3. Construction - Preferred Practices
The following preferred construction practices shall be incorporated into the design of proposed
Environmentally Sensitive Area development where reasonable and feasible:
a. Use common access drives and utility corridors.
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(Port Townsend, October 19, 1992)
bo
Design roads, walkways, and parking areas to parallel natural hillside contours while maintaining
consolidated areas of natural topography and vegetation; locate access in the least environmentally
sensitive location feasible.
c. Use retaining walls that maintain existing natural slopes in place of graded artificial slopes.
d. Provide for necessary emergency vehicle access as approved by the Director.
Building pads and disturbed areas should be located outside of sensitive areas and buffer
4. New Shor~ Hats and Subdivisions - Building Pad
ao
The following requirements pertain to short plats, subdivisions, PUDs, and lot line revisions only.
The applicant shall provide at least one suitable area outside of Sensitive Area and buffer
boundaries to place a structure(s). These requirements may be waived only by the Director.
(1.)
Identify for each lot a building pad equal to 2,160 sq. ft or 30% of the minimum lot size
required by the zone in which a subdivision is proposed, whichever is less.
(2.)
Determine the location of a building pad by considering vegetation, topography,
Environmentally Sensitive Areas, and the relationship of the proposed building pad to
existing/proposed homes. Building pads should be located outside of Sensitive Area and
buffer boundaries.
(3.) Identify approved building pads and Environmentally Sensitive Areas on final mylars.
Site Coverage - Impervious Surface Limits for Lots
ao
The maximuTM total percentage of a lot area that can be covered by impervious surfaces (including
parking areas) is limited by the slope of the lot for all detached single-family developments as
follows:
Lot Slope Lot Coverage
Less than 15% 30%
15 - 30% 25%
Greater than 30 % 20 %
bo
The Director may grant a waiver, limited to the maximum lot coverage requirements allowed
under Chapter 17 of the Port Townsend Municipal Code, IF the proposal minimizes impacts to
Environmentally Sensitive Areas and meets one of the following criteria:
(1.)
(2.)
The proposal uses Preferred Practices, outlined in Chapter 19.05.060(A)(3)above, which
are appropriate for the lot; or
The lot has a unique shape or proportion (i.e., a triangular lot, with a circuitous driveway
corridor).
Wherever Environmentally Sensitive Areas or impervious surfaces limitation areas overlap, the
most stringent impervious surface, vegetation, and/or undisturbed area requirements apply.
6. Stonnwater and Erosion Control
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(Port Townsend, October 19, 1992)
Stormwater Control Management Plan: If the Director determines that runoff or erosion from a
proposed development poses a significant risk to downstream receiving property - based on the
size of the project or the proximity to or sensitivity of the receiving property - the applicant shall
prepare a Stormwater Control Management Plan (see Reports and Surveys in the Procedures
Manual) to demonstrate that the proposed development will not aggravate an existing problem or
create a new problem.
(1.)
The Stormwater Control Management Plan must be developed on a site-specific basis and
must contain a technical report that identifies existing or predicted problems and sets
forth solutions to each. Off-site measures may be required to correct existing on-site
problems or to prevent new problems from occurring. Surface-water discharge from the
site shall not be greater than historic or pre-development rates.
(2.)
If the development does not meet water-quality standards established by law or
administrative rules, the City may suspend further development work on the site until
such standards are met.
Erosion Control Practices must be detailed using Stormwater Management Manual best
management practices standards for situation/filtration devices to control surface runoff during
construction.
(1.)
Applicants shall indicate erosion control measures on the Site Construction Plan or
Stormwater Control Management Plan (see Reports and Surveys in the Procedures
Manual), as appropriate for the project.
(2.)
These requirements shall be in place following the Preconstruction Meeting outlined in
Section 19.05.040(D)(1)(i) and shall be reviewed and approved prior to clearing and
grading.
7. Alterations and Disturbance
ao
A Site Mitigation Plan (see the Procedures Manual) shall be required by the Director as aa
additional report submitted prior to final inspection IF Environmentally Sensitive Areas or critical
slopes are identified on the site. (The requirements of the Site Mitigation Plan may be included
in the Site Construction Plan if properly specified).
b. The intent of the Site Mitigation Plan is to:
(1.)
Detail measures which restore the site to a revegetated condition after substantial
foundation work and after project completion.
Specify terrain, vegetation, and trees, in concert with the Stormwater Control and
Management Plan (see the Procedures Manual), which restore surface and groundwater
filtration characteristics to pre-disturbed conditions.
(3.) Retain characteristics compatible with the natural neighborhood environment.
c. Protection of Vegetation
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(Port Townsend, October 19, 1992)
(1.)
Areas of previously undisturbed natural vegetation in an Environmentally Sensitive Area
that have been damaged by human activity must be replaced with compatible species in
accordance with a City-approved Site Mitigation Plan (see Reports and Surveys in the
Procedures Manual). Native vegetation shall be given preference (see Recommended
Vegetation List in Procedures Manual).
(2.)
Areas infested with noxious weeds may be replanted IF recommended and documented
in the approved Site Mitigation Plan and approved by the Director.
Monitoring Measures
(1.)
To protect Environmentally Sensitive Areas City-determined maintenance, mitigation,
and/or monitoring measures may be required prior to development.
(2.)
Where monitoring reveals a significant deviation from predicted impacts or a failure of
protection measures, the applicant will be responsible for appropriate corrective action
which, when approved, will be subject to further monitoring.
19.05.070 Sensitive Area 1 - Aquifer Recharge Areas
A. Purpose. Aquifer recharge areas are characterized as porous geologic formations which store surface water
that has percolated into the soil (groundwater). Currently, aquifers in Port Townsend are not used as a drinking
water source. This section provides protection measures to effectively maintain the quality of groundwater by
prevention of contamination so if needed in the future, groundwater may be used for agricultural or landscaping uses
or as a potable (drinking) water source. See the Procedures Manual to the Port Townsend Environmentally
Sensitive Areas Ordinance. In order to protect the public health and safety, prevent degradation of ground water
now, and for potentially useable potable water, and to provide for regulations that prevent and control risks to the
degradation of ground water quality and quantity, development in Aquifer Recharge Areas shall be subject to the
standards described in this Section.
B. Classification
1. Aquifer Recharge Areas are those lands in Port Townsend which have an aquifer of potential furore or
current use for drinldng water, or which are a part of a system which maintains or affects the water quality of a
wetland or other significant surface body of water and which allows water to enter the soil and geologic materials
in ways and in quantifies that replenish natural groundwater systems and aquifers.
2. Aquifers are highly susceptible to damage when the overlying soils and geologic formations that filter
surface waters feeding the aquifer are very coarse textured, allowing rapid translocation of surface pollutants to the
aquifer. Aquifers under fine textured soils and geologic formation are less susceptible to surface influences and
pollution.
3. Aquifers underlying areas that are currently developed or industrialized are more vulnerable to pollution
than aquifers in undeveloped areas. Combining aquifer susceptibility indexes with vulnerability indexes allows
identification of those areas most at risk. Aquifers with relatively high susceptibility indexes located in industrial
area~ have the highest potential to become a significant public health hazard. High vulnerability is characterized
by land uses which produce contaminants that may degrade groundwater quality or reduce groundwater quantity.
Low vulnerability is characterized by land uses which will not affect groundwater quality or quantity.
4. Vulnerability to pollution is a function of depth of groundwater, permeability of soils and geologic
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(Port Townsend, October 19, 1992)
formations (susceptibility), presence of potential source of contamination, and any other relevant factors.
C. Regulated Development
The following types of development shall be regulated under this chapter:
1. Any development not connected to sanitary sewers that is located in a Sensitive Aquifer Recharge Area.
On-site sewage treatment shall be prohibited in Sensitive Aquifer Recharge Areas unless a site cannot be connected
to the City sewer system. In cases where on-site sewage treatment is allowed, additional requirements to prevent
pollution of ground water may be required or development may be denied where mitigation cannot be achieved.
2. The following land uses shall require a hydrogeologic assessment of the proposed site:
a. Hazardous substance processing or handling.
b. Hazardous waste treatment and storage facilities.
c. Underground storage of petroleum products.
d. Landfills, junkyards, auto wrecking yards.
e. Golf courses.
f. Other uses or activities determined by the Health Department which may be likely to pose a
threat to the aquifer.
D. Performance Standards for Development
All regulated development, as identified in this Section, shall be designed and constructed subject to the
following standards:
1. Underground Storage Facilities shall:
a. Be designed to prevent releases due to corrosion or structural failure for the operation life of
the tank;
b. Be protected against corrosion, constructed of non-corrosive material, steel-clad with a non-
corrosive material, or designed to include a secondary containment system to prevent the release
or threatened release of any stored substance; and
e. Use material in the construction or lining of the tank which is compatible with the substance
to be stored.
2. Above ground tanks shall:
a. Not be fabricated, constructed, installed, used or maintained in any manner which may allow
the release of a hazardous substance to the ground, groundwater, or surface waters of Port
Townsend within an Aquifer Recharge Area.
b. Not be fabricated, constructed, installed, used or maintained without having constructed around
and under it an impervious containment area enclosing or underlying the tank.
c. Require a secondary containment system either built into the tank structure or dike system built
outside the tank for all tanks located within an Aquifer Recharge Area. Propane and heating oil
tanks are exempt from secondary containment system requirements.
d. Be consistent with the Department of Ecology's standards for construction and installation.
- 25 -
(Port Townsend, October 19, 1992)
3. Stormwater runoff will be controlled and treated using BMPs and facility design standards as defined
in Title 16, Drainage Requirements, Port Townsend Municipal Code.
4. Agricultural and landscaping activities, specifically use of fertilizers, herbicides, and pesticides in highly
susceptible areas, shall be controlled through State Water Quality Standards.
E. Mitigation or Compensation
1. Any regulated development listed in Section 19.05.070(c) which results in degradation of aquifer
recharge areas or aquifer water quality will require restoration of on-site disturbance in full to pre-disturbance
conditions. Additional compensation shall be required in the form of fines, provision of drinking water for areas
dependent on the degraded aquifer, or alternative environmental restoration.
F. Special Report Required
A Geohydrological Report may be required in those areas identified as highly susceptible or vulnerable.
19.05.080 Sensitive Area 2 - Fish and Wildlife Habitat Areas
A. Purpose. The Washington State Department of Wildlife is in the process of defining, identifying and mapping
priority habitat and species and preparing management recommendations for them. Priority habitat types found in
urban growth areas like Port Townsend include wetlands, critical drainage corridors, marine bluffs and urban natural
open space. Some of these areas, especially wetlands and critical drainage corridors, provide excellent animal and
bird habitat areas. This section outlines techniques for the City to use in evaluating land uses and protecting habitat
areas which may be adversely impacted by these uses. (See the Procedures Manual to Port Townsend's
Environmentally Sensitive Areas.)
These regulations are intended to provide reasonable measures to protect and conserve the habitat of certain fish
and wildlife species and thereby maintain or increase their populations within Port Townsend. Habitat conservation
will be accomplished by actively managing to maintain these species in their preferred habitats. However, habitat
conservation does not require that all individuals of all species are protected.
B. Classification: The following areas are defined as Fish and Wildlife Habitat Areas and are identified under this
chapter.
1. Lands and waters containing documented habitats for plant and animal species list~l in the
Washington Department of Wildlife's Priority Habitats and Species Program Report. Species of
local significance may be added by action of the City Council where the value and significance
of such species locally can be established and sound scientific evidence can be presented to
establish that the species' existence is determined to be locally significant.
2. All public and private tidelands or bedlands suitable for shellfish harvest as designated by the
Washington Department of Health's classification system, Shellfish protection districts may be
established pursuant to RCW Chapter 90.72.
3. Areas with kelp and eelgrass beds. Kelp and eelgrass beds may be classified and identified
with the Department of Natural Resources Aquatic Lands Program and the Department of
Ecology. Many locations are compiled in the Puget Sound Environmental Atlas or the Port
Townsend Urban Waterfront EIS maps.
4. Herring and smelt spawning areas. Times and locations are outlined in WAC 232-14-010,
Hydraulic Code Guidelines, Technical Report No. 79, and the Puget Sound Environmental Atlas.
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(Port Townsend, October 19, 1992)
5. Naturally occurring ponds (or created wetland ponds that are not facilities) less than twenty
acres and their submerged aquatic beds that provide significant fish or wildlife habitat.
6. Streams and Waters of the State that provide habitat to endangered or threatened species, or
certain species that have been identified as being sensitive to habitat manipulation, as defined in
WAC 222-16-030, Forest Practices Rules and Regulations.
7. Lakes, ponds, and streams planted with game fish, including those planted under the auspices
of a federal, state, local or tribal program, and waters which support priority fish species as
identified by the Department of Wildlife.
C. Regulated Development
1. At this time, the only priority habitats and species known to be identified and mapped by the
Department of Wildlife in Port Townsend are the following:
a. Bald eagles
b. Great blue herons
c. Brant and Harlequin feeding areas
d. Waterfowl concentrations at Kah Tai Lagoon
e. Waterfowl wintering area at Golf Course Pond
If other priority species are identified by the applicant, the City or the state of Washington:
a. These species will be added to the list of Port Townsend's Priority Species, and;
b. The applicant must then provide a Habitat Management Plan recommending
appropriate protections based on the State Department of Wildlife priority habitat
species management recommendations, as well as any other proposed mitigation
measures that are considered necessary and appropriate by the Director for the
protection of the species identified.
3. Species of local significance may be added for protection by action of the City Council where
the value and significance and sound scientific evidence can be presented to establish that the
species' existence is threatened or endangered locally.
D. Performance Standards for Development
1. A Habitat Management Plan (see Reports and Surveys in the Procedures Manual), shall be required for
any development in areas identified as breeding or nesting habitat for endangered, threatened, or priority
species.
2. The Habitat Management Plan shall show the exact location and extent of habitat conservation areas and
any alteration of any habitat areas that may reduce the likelihood that the above listexl species will survive
or reproduce.
3. Development activities allowed in Fish and Wildlife Habitat Areas shall be consistent with the species
located there, and shall be regulated additionally by restrictions defined in applicable federal, state, and
local regulations regarding the species.
4. Habitat conservation areas identified in the Habitat Management Plan are to be conserved for the
management and maintenance of fish and wildlife habitat. Habitat conservation areas may overlap with
other identified environmentally sensitive areas. Likely areas of overlap include critical drainage corridors,
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(Port Townsend, October 19, 1992)
9.3/?
geologically hazardous areas, and wetlands.
5. When habitat areas overlap with other environmentally sensitive areas, all the performance standards
established for the overlaying sensitive arca(s) shall apply. If multiple Environmentally Sensitive Areas
overlap in an area, the most restrictive conditions shall apply.
E. Buffers or setbacks
1. To retain adequate natural habitat for classified species, buffer needs shall be assigned on a case-by-case
basis, and the process and justification shall be described in the required Habitat Management Plan.
2. Buffers shall be based on Washington Dept. of Wildlife, Priority Habitat and Species Management
recommendations.
3. Buffer widths may be increased by the Director if species present are sensitive to or endangered by
habitat alteration, or if the area supports unique or rare plant communities, or contains rearing and nesting
sites for endangered, threatened or priority species.
4. Buffer widths may be reduced by the Director if the project includes buffer enhancement as part of an
approved habitat management plan or if it is found that the affected property would be denied reasonable
use as defined in Section 19.05.050 (D) of this chapter.
5. Building setback lines shall be measured from the outside edge of required buffers and no
setback shall be less than 10 feet from an established buffer.
F. Mitigation or Compensation
Mitigation measures could include, but are not limited to:
a. Establishment of buffer zones
b. Preservation of critically important plants and trees
c. Limitation of access to habitat area
d. Seasonal restriction of construction activities
e. Establishing a timetable for periodic review of the development
f. Using BMPs to avoid or reduce impacts
g. Reducing the size, scope, configuration or density of the project.
G. Special Report Required A Habitat Management Plan shah be required for any development in areas
identified as breeding or nesting habitat for endangered, threatened or priority species. (See Procedures Manual)
19.05.090 Frequently Hooded Areas and Critical Drainage Corridor
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. They are
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 to Port Townsend's Environmentally Sensitive Area.)
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
- 28 -
(Port Townsend, October 19, 1992)
water quality and to provide for aquifer recharge.
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
100 years, or which are subject to a 1% 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 centerline of a watercourse with the application for development. The project applicant shall
be required to indicate the watercourse corridor and centerline 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 volume. Effective storage capacity must
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 Director.
5. Building pads shall not be permitted within a critical drainage corridor.
6. Impervious surface shall not be permitted within a critical drainage corridor except as outlined in
Section 19.05.090 (F) below.
E. Buffers and Setbacks
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(Port Townsend, October 19, 1992)
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 .~ianagement 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)
19.05.100 Sensitive Area 4 - Geolonic~ll$ Haz~rd00~ Area
A. Purpose. These Environmentally Sensitive Areas are characterized by lot slope, soil type, geologic material,
and groundwater which may combine to create problems with slope stability, erosion, and water quality during and
after construction or during natural events such as earthquakes or excessive rainstorms. The following regulations,
in combination with the Performance Standards for Development, will guide development in these Sensitive Areas.
(See the Procedures Manual for Port Townsend's Environmentally Sensitive Areas for additional information.)
The purpose of these regulations is to maintain the natural integrity of hazardous areas and their buffers in order
to protect adjacent lands from the impacts of landslides, mudslides, subsidence, excessive erosion, and seismic
events, and to safeguard the public from these threats to life or property. Construction in Geologically Hazardous
Areas should be avoided when the potential risk to public health and safety cannot be reduced to a level comparable
to the risk if the site were stable. This section acknowledges that some potential risk due to construction in these
areas can be reduced through appropriate site planning and structural engineering design.
B. Classification: Criteria for identifying Geologically Hazardous Areas include the following:
1. Any area containing soil or soil complexes described or mapped within the United States Department
of Agriculture/Soil Conservation Service Soil Survey for Jefferson County as having a severe to very
severe erosion hazard potential.
2. Any area with slopes greater than fifteen percent (15%) and impermeable soils (typically silt and clay)
frequently interbedded with granular soils (predominately sand and gravel); and, springs or groundwater
- 30 -
(Port Townsend, October 19, 1992)
seepage from perched water tables.
3. Any area potentially subject to mass movement due to a combination of geologic, topographic, and
hydrologic factors, but not limited to those areas mapped or described by the Soil Conservation Service,
the Washington State Department of Ecology, Department of Natural Resources or U.S. Geologic Service.
These classifications may be based on performance standards rather than mapping.
4. Any area potentially unstable as a result of rapid stream incision, stream bank erosion, or undercutting
by wave action.
5. Any slope of forty percent (40 %) or steeper.
6. Areas subject to severe risk of damage as a result of earthquakes, slope failure, settlement, soil
liquefaction, or faulting. These areas are identified by the presence of poorly drained soils (greater than
50% silt and less than 35% coarse material) loose sand or gravel, peat, artificial fill and landslide
materials, or soils with high organic content.
C. Regulated Development
1. Seismic Hazard Areas in Port Townsend are found generally in areas of fill, such as portions of the
downtown area, which are termed liquefaction prone areas.
2. Pursuant to this chapter, any development or alterations in steep slopes, landslide, erosion hazard or
liquefaction prone areas shall comply with Performance Standards for Development, Section 19.05.060,
and standards included in Section 19.05.100 (D) below.
D. Performance Standards for Development
1. Standards for Seismic H~-ord Areas
a. Standards for development of structures and improvements in seismic hazard areas shall be
in accordance with the provisions in the Uniform Building Code (UBC), as adopted by the City
of Port Townsend. No additional setback or other requirements are necessary to regulate
structural design.
b. Critical facilities shall not be located in seismic hazard areas unless mitigation shall be
provided which renders the proposed development as stable as if it were not located within a
seismic hazard area.
2. Steep Slopes, Landslide and Erosion I-ln,_a_rd Areas
Development on steep slopes with landslide or erosion hazards shall comply with the following performance
standards regarding erosion control, disturbance and alteration limitations, buffers, development location,
development design, and landscaping.
a. Performance Standards for Stormwater Control. Where slopes exceed 15 % with impermeable
soils, and in all erosion hazard areas, the applicant must demonstrate that the temporary and final
improvements to control runoff water quality, and erosion and sedimentation incorporate source
controls Best Management Practices, and treatment and degradation controls that will not
aggravate an existing problem or cause a new problem to occur.
b. Performance Standards for Erosion Control
-31 -
(Port Townsend, October 19, 1992)
(1.) Development within critical slopes and geologic hazard areas shall require a
Geotechnical Report (see Reports and Surveys in the Procedures Manual) specifying detailed
erosion control measures, which must be in place following the Preconstruction Meeting and
approved prior to clearing and grading.
(2.) Clearing of vegetation is allowed only within the dry season, (generally from May
I through September 30) unless specifically approved by the Director where conditions warrant
such an allowance and the risk of hazard is controlled; clearing shall not occur until permits or
written authority is obtained.
(3.) The face of cut and fill on slopes shall be prepared and maintained to control
against erosion and instability through utilization of surface mulches or rapid revegetation
activities.;
(4.) The proposal shall not increase the rate of surface water discharge or sedimentation
and shall not decrease adjacent property slope stability.
(50 To reduce the risk of landslide and erosion, the following maximum slope
disturbance factors are recommended and may be required, as set forth in the chart below:
Slope Slope Disturbance Allowed Factor
1-14 % 100% 1.00
15-24 % 60 % .60
25-39 % 45 % .45
40& or greater 30% .30
c. Performance Standards for Disturbance of Vegetation
(1.) Whenever feasible, existing vegetation in these areas should remain in an
undisturbed condition. If the area is unvegetated due to a previous disturbance, immediate efforts
may be required to provide a persistent native vegetative cover, to prevent erosion or hazard.
(2.) In order to minimize impacts to Environmentally Sensitive Areas and on-site
vegetation, authorized clearing may be required to be designed to minimize impacts to soil and
understory vegetation by providing for sequencing and staging where appropriate.
d. Development Design:
(1.) All development proposals shall be designed to minimize the footprint of building
and other disturbed areas within the area of steep slope, landslide or erosion hazard. Common
access drives and utility corridors are required where feasible; and
(2.) All development shall be designed to minimize impervious lot coverage and where
feasible and reasonable should incorporate under-structure parking and multi-level structures; and
(3.) Structures shall be clustered where possible to reduce disturbance and maintain
natural topographic character; and
(4.) Structures shall conform to natural contour of slope and foundations should be tiered
where possible to conform to existing topography of site.
- 32 -
(Port Townsend, October 19, 1992)
(5.) Roads, walkways and parking areas should be designed to parallel the natural
contours; and
(6.) Access shall be in the least sensitive area of the site.
(7.) Construction of private or public utility corridors may be allowed in Landslide and
Erosion hazard areas only when no viable alternative exists, provided that a special study
concludes the development will not increase the risk of landslide or accelerated erosion.
e. Landscaping Design:
(1.) The disturbed area of a development site shall be landscaped to
provide long-term erosion control.
(2.) I. amdscape plantings should encourage the use of drought-tolerant native vegetation
such as those described in the Department of Wildlife's 'Plants for Wildlife in Western
Washington. '
(3.) All landscaping must be completed in erosion areas and steep slopes before a
development will receive a final inspection.
f. Additional standards for slopes greater than 40 %:
(1.) All proposed development on slopes greater than forty percent over a vertical height
of at least ten feet should be avoided if possible.
(2.) Alterations to the toe of steep slopes must conform to specific recommendations in
the Geologic Report (see Repo~s and Surveys in the Procedures Manual).
(3.) Where steep slopes are 50% or greater, no development is allowed and no
impervious surfaces permitted, unless the applicant can demonstrate through professional reports
that the public's health, safety and welfare will not be compromised.
Buffers and Setbacks
1. A rninimum buffer of 25 feet shall be provided from the edge of all slopes and marine bluffs
that are subject to landslide or erosion hazards.
2. The Director may extend the buffer requirements to mitigate site-specific hazards.
3. The buffer may be reduced when expert verification and environmental information demonstrate
to the satisfaction of the Director that the proposal will not adversely impact a Sensitive Area.
Special Reports
For Steep Slopes, Erosion Hazard Areas, and Landslide Hazard Areas, a Geotechnieal Report shall be
required to review potential hazards and propose measures to mitigate such hazards consistent with the
requirements of this Chapter. (see Procedures Manual)
19.05.110 Sensitive Area 5 - Wetlands
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(Port Townsend, October 19, 1992)
A. Purpose. Wetlands in Port Townsend are characterized by hydric soils, water-tolerant plants (hydrophytes),
and surfaces which are either saturated or inundated with water for a specified period of time. A wetland directly
impacts water quality and stormwater control by trapping and filtering surface and ground water. Wetlands also
provide valuable habitat for fish and wildlife. Because of the difficulty in replacing these rare and valuable areas,
these regulations control development adjacent to and within wetlands and limit the amount of wetlands which may
be altered. The purpose of these regulations is to protect the public from harm by preserving the functions of
wetlands and streams as recharge for groundwater, flood storage, floodwater conveyance, habitat for fish and
wildlife, sediment control, pollution control, surface water supply, aquifer recharge, and recreation. Please refer
to the Procedures Manual for Port Townsend's Sensitive Areas, for additional information.
B. Classification:
1. Designated wetland areas have been identified by:
a. U.S. Fish and Wildlife Services National Wetlands Inventory;
b. Wetlands identified within the land use/land cover inventories of the Department of Ecology
Coastal zone Atlas;
¢. Department of Ecology Washington Coastal (Floating)Kelp Resources;
d. Hydric soils, soils with significant soil inclusions, and "wet spots" identified within the
Sefferson County Soil Survey;
e. City of Port Townsend Inventories and delineations, existing and as hereinafter amended.
2. For the purposes of a general inventory, wetlands will be defined using the Federal Manual for
Identifying and Delineating Jurisdictional Wetlands (1989).
3. The City shall use the Washington State Rating System for Western Washington (see also the
Procedures Manual for greater detail). Category I, II, III & IV wetlands include but are not limited to:
a. Category I: Those regulated wetlands of exceptional resource value based on the presence of
priority species or wetland communities, sensitivity to disturbance, and irreplaceable ecological
functions.
b. Category II: Those regulated wetlands of significant resource value based on significant
functional value and diversity, wetland commtmities of infrequent occurrence, and other attributes
which may not be adequately replicated through creation or restoration.
c. Category III: Those regulated wetlands which have important resource value based on
vegetative diversity.
d. Category IV: Those regulated wetlands of ordinary resource value based on monotypic
vegetation of similar age and class, lack of special habitat features, and isolation from other
aquatic systems.
C. Regulated Development
1. For regulatory purposes, wetlands will be delineated using the three criteria method as described in the
Federal Manual for Identifying and Delineating Jurisdictional Wetlands (1989).
2. Regulated wetlands include:
a. All category I wetlands.
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(Port Townsend, October 19, 1992)
b. All category II and HI wetlands larger than 5000 square feet.
c. All category IV wetlands larger than 10,000 square feet.
3. Regulated wetlands do not include:
a. Constructed wetlands intentionally created from non-wetland sites, including but not limited
to irrigation and drainage ditches, grass-lined swales, canals, detention or retention facilities,
wastewater treatment facilities, farm ponds, and landscape amenities. These wetlands are
considered to be facilities and require maintenance. At such a time when these facilities are not
maintained for a period of more than five years, yet still retain jurisdictional wetland
characteristics, they revert to regulated wetland status if they meet the parameters of the regulated
wetland definition.
b. Intertidal fiats (these areas are regulated under the Jefferson-Port Townsend Shoreline
Master Program)
4. If a wetlands delineation is required, it must be conducted by a qualified (wetlands) sensitive areas
professional in accordance with the 1989 Federal Manual for Identifying & Delineating Jurisdictional
Wetlands.
a. The applicant shall mark and provide a certified survey for the edges of the wetland on the site
prior to the Preconstruction Meeting. See Field Marking, 19.05.040 (D)(1)(h).
b. The Director, when requested by the applicant, may perform the delineation in lieu of
delineation by the applicant.
(1) The Director shall consult with qualified professional scientists and technical experts
or other experts as needed to perform the delineation.
(2) The applicant will be charged for the costs incurred.
(3) Where the applicant has provided a delineation of the wetland boundary, the Director
shall verify the accuracy of, and may render adjustments to, the boundary delineation.
In the event the adjusted boundary delineation is contested by the applicant, the Director
shall, at the applicant's expense, obtain expert services from a third party (such as the
Army Corps of Engineers, the State Department of Ecology, or independent consultant)
to render a final delineation.
D. Performance Standards for Development
1. Within new subdivisions, a building pad or impervious surfaces shall not be permitted within a
delineated wetland area or its buffer.
2. In pre-existing platted areas, building pads or impervious surfaces shall not be permitted within a
wetland or its buffer unless there is no other practicable use of the area and it meets the Reasonable Use
criteria in Section 19.05.050(D).
3. New development on sites containing wetland buffers shall retain as much of the native vegetation as
feasible.
4. New development on sites containing wetland areas shall include specific site design and maintenance
measures to avoid general impacts (e.g. littering and vegetation removal) by protecting buffer zones,
discouraging access, minimizing exotic plantings outside the wetland area; and, encouragement of
stewardship by a homeowners association. Fences should not be used where they will interfere with
wildlife movements.
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(Port Townsend, October 19, 1992)
5. Required erosion control devices shall be installed along the boundaries of a delineated wetland and its
buffer following the Preconstruction Meeting and prior to clearing or grading.
6. No new accessory structures or additions shall be allowed in high value Category ! & II wetlands or
buffers unless no other practicable alternative exists and compensatory mitigation is provided.
7. Storm witter management: The following surface water numagement activities may be allowed only
if they meet the following requirements:
a. New development cannot use existing wetlands for surface water discharge unless the wetlands
are protected by upstream pre-treatment facilities that demonstrate runoff, erosion, water quality,
and sedimentation control.
b. New surface water discharges to wetlands from detention facilities, pre-settlement ponds, or
other surface water management structures may be allowed provided that the discharge does not
increase the rate of flow nor decrease the water quality of the wetland;
c. Category I and H wetlands may be used for regional retention/detention facilities only when
authorized by the exception process set out in Section 19.05.050 or when it complies with the
following: all the requirements of the Surface Water Design Manual are met; the use will not
alter the rating or the factors used in rating the wetland; the proposal is in compliance with the
latest adopted findings of the Puget Sound Wetlands Research Project; and, there are no significant
adverse impacts to wetland resources;
d. Category HI and IV wetlands and buffers may be altered for use as regional storm water
management facility (such as retention/detention water facilities) provided that quality pre-
treatment be required and all requirements of the surface water design manual are met;
e. Wetlands shall not be used for stormwater management purposes only for individual properties.
Wetlands used for retention/detention facilities should serve as neighborhood or regional facilities;
f. Use of wetland buffers for storm water management facilities such as retention/detention
facilities, or energy dissipators may be allowed only if the applicant demonstrates: (1) No practicable alternative exists; and
(2) The functions of the buffer or wetland are not adversely impacted.
E. Buffers and Setbacks
1. Wetland Buffers shall be measured perpendicularly from the wetland boundary as delineated in the field
(see the 1989 Federal Manual for Identifying and Delineating Wetlands).
2. Buffers shall be required to protect important wildlife habitat and wetland features, values and functions
from the adverse impacts of adjacent land uses.
3. The width of the buffer zone shall be determined according to wetland category, as defined below:
Wetland Category
Wetland Category I
Buffer Width
150 feet
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(Port Townsend, October 19, 1992)
Wetland Category II
Wetland Category III
Wetland Category IV
100 feet
50 feet
25 feet
4. Any wetland created, restored or enhanced as compensation for approved wetland alterations shall also
include the standard buffer required for the wetland category.
Increased Buffer Zone Widths
a. The Director may increase standard buffer zone widths on a case-by-case, site specific basis
when a larger buffer is necessary to protect functions and values of specific land areas, or when
high intensity land uses are proposed.
b. This determination shall be supported by appropriate documentation showing that it is
reasonably related to protection of the functions and values of the regulated wetland.
Co
Such determination shall be attached as a permit condition and shall demonstrate that:
a. a larger buffer is necessary to maintain viable populations of existing species; or
b. the wetland is used by species proposed or listed by the federal government or the
state as endangered, threatened, and priority species, or having outstanding potential
habitat for those species, or having unusual nesting or resting sites such as heron
rookeries or raptor nesting trees; or
c. the adjacent land is susceptible to severe erosion and erosion control measures will not
effectively prevent adverse impacts; or
d. the adjacent land has minimal vegetative cover or slopes greater than 15 percent.
6. Reduced Buffer Widths
a. The Director may reduce the standard buffer width on a case-by-case basis where it can be
shown that:
(1) No direct, indirect, short-term, or long-term adverse impacts to regulated wetlands
will result from the proposed development activity; or
(2) The site is extensively vegetated and has less than 15 % slopes; or
(3) The project contains provisions to enhance buffers using native vegetation which will
provide additional protection for the wetland's functions and values.
In any case, buffers shall not be reduced to a width of fewer than 25 feet, unless this requirement
would deny all reasonable use of the affected property as determined by the Director pursuant to
Section 19.05.050(D) of this ordinance.
o
Buffer Width Averaging
a. Standard Buffer Zones may be modified by averaging Buffer widths. Width averaging shall
be allowed only where the applicant demonstrates all of the following:
(1) that width averaging will not adversely impact the functions and values; and
(2) that the total area contained within the Buffer after averaging is no less than that
contained within the standard Buffer prior to averaging.
(3) In no instance shall the Buffer width be reduced by more than 50% of the standard
Buffer or be less than 25 feet unless it would deny reasonable use of the affected
property.
8. Except as otherwise specified, buffer zones shall be retained in their natural condition. Where buffer
disturbance has occun'ed during construction or in violation of this Chapter, revegetation with native
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(Port Townsend, October 19, 1992)
vegetation will be required unless the Director approves a substitute vegetation with the same or better
mitigation characteristics.
F. Mitigation and Compensation
1. If the Director determines that alteration of a wetland and/or wetland buffer has occurred or is
necessary and unavoidable, or that all reasonable use has been denied, the applicant shall take deliberate
measur~ to minimize wetland impacts. Minimizing impacts to wetlands shall include but is not limited
to:
a. Avoiding the impact altogether by not taking a certain action or by limiting the degree or
magnitude of the regulated action;
b. Using appropriate and best management practices;
c. Incorporating sensitive site design and locating facilities and construction staging areas away
from regulated wetlands and their buffers;
d. Involving qualified wetland and wildlife professionals early in site planning; and
e. Providing protective measures such as siltation curtains, scheduling the development activity
to avoid interference with wildlife and fisheries rearing, resting, nesting, or spawning activities.
f. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment.
g. Compensating for the impact by replacing, enhancing or providing substitute resources or
environments.
2. Compensatory Mitigation for Wetlands Impacts in Unplatted Areas: As a condition for any permit
allowing alteration of wetlands and/or wetland buffers in unplatted areas, the Director shall require that
the applicant engage in the restoration, creation, or enhancement of replacement wetlands in order to offset
the impacts resulting from the applicant's actions. The applicant shall develop a plan that provides for land
acquisition, construction, maintenance, and monitoring of replacement wetlands that recreate as nearly as
possible the original wetlands in terms of acreage, function, classification, and geographic setting.
a. In approving alteration or creation of a wetland, the Director shall require that an area larger
than the altered portion of the wetland be provided as compensation for destruction of the
functions of the altered wetland and to assure that such functional values are replaced. The
following ratios apply to creation or restoration which is in-kind, on-site, timed prior to or
concurrent with alteration, and has a high probability of success. The first number specifies the
acreage of wetlands requiring replacement and the second specifies the acreage of wetlands
altered.
(1) Category I - 6:1
(2) Category II or III:
i) Forested - 3:1
ii) Scrub-Shrub - 2:1
iii) Emergent - 1.5:1
(3) Category IV - 1.25:1
b. The Director may increase the ratios under the following circumstances:
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(Port Townsend, October 19, 1992)
(1) uncertainty as to the probable success of the proposed restoration or creation;
(2) significant period of time between destruction and replication of wetland functions;
(3) projected losses in functional value;
(4) the relocation is off-site or the replacement is with out-of-kind compensation.
c. The Director may decrease these ratios if the findings of a wetlands mitigation plan
demonstrate that no net loss of wetland functional values will result from the decreased ratio.
d. In no case shall the replacement acreage be less than that which is altered.
e. When wetland compensation is allowed, but where the probable success of the proposed
restoration or creation is uncertain, the Director should require that the wetland compensation be
completed and functioning prior to allowing the existing wetland to be filled or altered.
f. Wetland compensation shall not be allowed for Category I wetlands having high quality
terrestrial habitat.
g. The Director may limit certain development activities near a wetland to specific months in
order to minimize impacts on wetland functional values.
h. The Director may apply additional conditions or restrictions, or require specific construction
techniques in order to minimize impacts on wetland functional values.
3. Compensating for Wetland Impacts in Platted Areas. Wetland and buffer alteration in platted areas
shall be subject to the following requirements:
a. The develOpment is the minimum necessary to allow a reasonable use under Section
19.05.0S0(0).
b. Each development shall be designed to minimize overall wetland or buffer alteration to the
greatest extent possible;
c. Construction techniques and field marking shall be approved by the Director prior to site
disturbance to ensure minimal encroachment;
d. A mitigation plan shall be prepared in accordance with this section.
e. The Director may require the applicant to enhance a wetland or its buffer by removing debris,
sediment, non-native vegetation, or other material detrimental to the area, by replanting disturbed
vegetation with native vegetation, or by other means deemed appropriate by the Director.
Enhancement or restoration may be required at any time that a condition detrimental to water
quality or habitat exists.
4. Cooperative Restoration, Creation or Enhancement Projects
a. Cooperative restoration, creation or enhancement projects: The City may encourage, facilitate
and approve cooperative projects wherein a single applicant or other organization with
demonstrated capability may undertake a compensation project with funding from other applicants
under the following circumstances:
(1) Restoration, creation, or enhancement at a particular site may be scientifically
- 39 -
(Port Townsend, October 19, 1992)
difficult or impossible; or
(2) Creation or restoration of one larger wetland may be preferable to many small
wetlands.
b. Persons proposing cooperative compensation projects shall:
(1.) Submit a joint permit application;
(2.) Demonstrate compliance with all standards;
(3.) Demonstrate the organizational and fiscal capability to act cooperatively;
(4.) Demonstrate that long term management can and will be provided.
5. Where the applicants voluntarily wish to pursue it, pursuant to the provisions of RCW 82.02, the City
may create a mitigation fund for the purpose of providing a cooperative restoration project in previously
platted areas.
a. The mitigation fund shall be used for the replacement, restoration, preservation, or
enhancement of wetlands functions and values. Once a restoration site has been identified, such
projects shall meet all other requirements for mitigation plans found in this ordinance; and
b. Payment to the mitigation fund may be assessed to individual applicants after all other steps
to avoid and minimize adverse impacts resulting from alteration of regulated wetlands.
c. The mitigation fund assessment shall be set by Council resolution and will be based on the
value of the anticipated square foot cost of the compensation project. These fees shall be
reevaluated as final development regulations for environmentally sensitive areas are adopted, or
until such time that the City has prepared and adopted a cooperative restoration plan.
G. Wetland Mitigation/Compensation Plan Requirements
1. When wetland alteration is permitted by this chapter, a mitigation plan shall be required to describe the
methods the applicant will use to minimize impacts to wetland functions and values. A detailed mitigation
plan shall be approved by the Director prior to any development activity occurring on a lot upon which
wetland or wetland buffer alteration, restoration, creation or enhancement is proposed. (See Procedures
Manual for more detailed Mitigation Plan contents) The mitigation plan shall be prepared by a qualified
(wetlands) Sensitive Area consultant using accepted methodologies, shall include information as required
by the Director, and shall:
a. Include a baseline study that quantifies the existing functions and values of the wetland, the
function and values that will be lost due to compensation, and the functions and values of the
wetland to be created, restored or enhanced; and
b. Specify how functions and values will be preserved or replaced; and, how impacts will be
avoided, minimized or compensated for; and
c. Establish goals and objectives for the mitigation plan.
d. Specify within the Mitigation Plan written specifications for grading, sedimentation and erosion
control, revegetation, hydraulic analysis, staging of construction areas, appropriate diagrams and
drawings, and recommended construction practices.
e. Specify quantified criteria for monitoring the mitigated area on a long term basis to determine
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(Port Townsend, October 19, 1992)
whether the goals and objectives of the project have been met; and
f. Include a contingency plan specifying what corrective actions will be taken should the
mitigation not be successful; and
g. Include provisions for maintenance bonding or other security acceptable to the Director to
assure that work is completed in accordance with the mitigation plan and that restoration or
rehabilitation is performed in accordance with the contingency plan if mitigation failure results
within five years of implementation.
H. Performance Bonds and Demonstration of Competence
1. A demonstration of financial resources, administrative, supervisory, and technical competence and
scientific expertise of sufficient standing to successfully execute the compensation project shall be provided
by the applicant.
2. A compensation project manager shall be named and the qualifications of each team member involved
in preparing the Mitigation Plan and implementing and supervising the project shall be provided, including
educational background and areas of expertise, training and experience with comparable projects.
3. In addition, bonds or other security acceptable to the Director ensuring fulfillment of the compensation
project, monitoring program, and any contingency measure shall be posted in the amount of one hundred
twenty (120) percent of the expected cost of compensation. See Section 14.0 for additional bonding
requirements.
I. Special Repom
The following Special Reports shall be provided as more fully delineated in the Procedures Manual to be
adopted administratively:
1. The Wetlands Delineation and Certified Boundary Survey
2. Wetlands Special Report
3. The Mitigation/Compensation Plan
19.05.120 Violatiom and Penalties
A. It shall be a violation of this Chapter for any person, firm or corporation to erect, construct, modify,
improve, enlarge, repair, move, remove, convert or demolish, occupy or maintain any property,
vegetation, building or structure contrary to or in violation of any provision of this Chapter. It shall be a
violation of the Chapter for any person, firm or corporation to knowingly aid and abet, counsel, encourage,
hire, commend, induce or otherwise procure another to violate or fail to comply with this Chapter.
B. Any owner, person, firm or corporation who fails to comply with any provision of this Chapter or any
notice, decision or order issued by the Director pursuant to this Chapter shall be subject to a cumulative
civil penalty in the amount of five hundred dollars ($500.00) per day for each day of noncompliance,
measured from the date the violation begins or occurs until the owner, person, firm or corporation complies
with the requirements of this Chapter. The Director shall notify the City Attorney in writing of the name
of any person subject to the penalty, and shall assist the City Attorney in collecting the penalty.
C. Stop Work Order. Whenever a continuing violation of this Chapter will materially impair the
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(Port Townsend, October 19, 1992)
Director's ability to secure compliance with this Chapter, when the continuing violation threatens the health
or safety of the public, or when the continuing violation threatens or harms the environment, the Director
may issue a Stop Work Order specifying the violation and prohibiting any work or other activity at the site.
The posting of the stop work order on the site shall be deemed adequate notice of the stop work order.
A failure to comply with a Stop Work Order shall constitute a violation of this Chapter.
D. Emergency Order, Whenever any use or activity in violation of this Chapter threatens the health and
safety of the occupants of the premises or property or any member of the public or environment, the
Director may issue an Emergency Order directing that the use or activity be discontinued and the condition
causing the threat to the public health and safety or threat and harm to the environment be corrected. The
Emergency Order shall specify the time for compliance and shall be posted in a conspicuous place on the
property, if posting is physically possible. A failure to comply with an Emergency Order shall constitute
a violation of this Chapter. Any condition described in the Emergency Order which is not corrected within
the time specified is hereby declared to be a public nuisance and the Director is authorized to abate such
nuisance summarily by such means as may be available. The cost of such abatement shall be recoverable
from the owner or person responsible or both in the manner provided by law.
E. Criminal Penalty. Anyone violating or failing to comply with any order issued by the Director
pursuant to this Chapter shall, upon conviction thereof, be punished by a fine of not more than One
Thousand Dollars ($1,000) or by imprisonment for not more than 360 days, or by both such fine and
imprisonment. Each day's violation or failure to comply shall constitute a separate offense. Anyone
violating or failing to comply with any of the provisions of this Chapter and who within the past five (5)
years has had a judgment against them pursuant to this subsection shall upon conviction thereof, be fined
in a sum not to exceed Five Hundred Dollars ($500) or by imprisonment for not more than one hundred
and eighty (180) days, or by both such fine and imprisonment. Each day's violation or failure to comply
shall constitute a separate offense.
19.05.130
~_.
Bondin~ and SecudtT
Perfonnan~ Bonds and Security
1. When a performance bond is required, the applicant of a development proposal shall post a
cash performance bond or other security acceptable to the Director.
2. The amount and the conditions of the bond or other security shall be consistent with the
purposes of this chapter.
3. In the event of breach of any condition of any such bond or other security, the Director may
institute an action in a court of competent jurisdiction upon such bond or other security device and
prosecute the same to judgement and execution. The Director shall release the bond or other
security upon determining that:
a. all activities, including any required compensatory mitigation, have been completed
in compliance with the terms and conditions of the permit and the requirements of this
chapter;
b. A maintenance bond or other security acceptable to the Director has been posted by
the applicant, where deemed appropriate by the Director.
c. Until such written release of a bond, the principal or surety cannot be terminated or
Maintenance Bonds or Security
1. When a maintenance bond is required, the holder of a development permit issued pursuant to
this chapter shall post a cash bond or other security acceptable to the Director in an amount and
with surety and conditions sufficient to guarantee that structures, improvements, and mitigation
(Port Townsend, October 19, 1992)
7-3
required by the permit or by this chapter perform satisfactorily for a minimum of two (2) years
after they have been completed. Wetland creation, restoration or rehabilitation projects shall
provide a maintenance bond or other security acceptable to the Director for a minimum of five
(5) years after the project has been completed.
2. The Director shall release the maintenance bond or other security upon determining that
performance standards established for evaluating the effectiveness and success of the structures,
improvements, and/or compensatory mitigation have been satisfactorily met for the required
period.
3. For compensation projects, the performance standards shall be those contained in the mitigation
plan developed and approved during the review process.
4. The maintenance bond or other security device applicable to a compensation project shall not
be released until the D/rector determines that performance standards established for evaluating the
effect and success of the project have been met.
Section 19.05.140 Other Laws and Re~ul#tions
No permit granted pursuant to this chapter shall remove an applicant's obligation to comply in all respects
with the applicable provisions of any other Federal, State, or local law or regulation.
Section 19.05.150 Susvension. Revocation
In addition to other penalties provided for elsewhere, the Director may suspend or revoke a permit if (s)he
finds that the applicant or permittee has not complied with any or all of the conditions or limitations set
forth in accordance with this chapter, has exceeded the scope of work set forth in the permit, or has failed
to undertake the project in the manner set forth in the approved application.
Section 19.05.160 Amendments
These regulations and the City of Port Townsend Inventory Maps may from time to time be amended in
accordance with the procedures and requirements in the general statutes and as new information concerning
Environmentally Sensitive Areas becomes available.
Section
19.05.170 Severabili~
If any clause, sentence, paragraph, section or part of this chapter or the application thereof to any person
or circumstances shall be adjudged by any court of competent Jurisdiction to be invalid, such order or
judgement shall be confined in its operation to the controversy in which it was rendered and shall not affect
or invalidate the remainder of any part thereof to any other person or circumstances and to this end the
provisions of each clause, sentence, paragraph, section or part of this law are hereby declared to be
severable.
Section 19.05.180 ~mt Rdief
A. The Jefferson County Assessors office shall consider Sensitive Area regulations in determining the fair
market value of land.
B. Any owner of an undeveloped Sensitive Area who has dedicated an easement or entered into a perpetual
- 43 - (Port Townsend, October 19, 1992)
conservation restriction with the City of Port Townsend or a nonprofit organization to permanently control
some or all regulated activities in tlmt portion of land assessed consistent with those restrictions shall also
be considered for exemption from special assessments to defray the cost of municipal improvements such
as sanitary sewers, storm sewers, and water mains.
Section 19.05.190 Limitation of Actions
Any final decision of the Director or the City Council under this chapter shall be final and conclusive unless
within thirty (30) days of the date the decision is issued, a party of record makes application to the Jefferson County
Superior Court for a writ of review challenging the decision.
Section 2. Section 3.36.015 of tho Port Townsend Municipal Code is hereby amended to read as follows:
3.36.015 Fe~s - Buildin~ and Land Use Application and service fees for the various building and land use
applications, permits and agreements shall be as follows:
A. For rezones, the sum of two hundred fifty dollars;
B. For application for amendment, supplementation or modification to the text of the zoning code (Title
17), seventy-five dollars;
C. For variances, the sum of one hundred seventy-five dollars for single-family residences; three hundred
dollars for other uses;
D. For street vacations, the sum of two hundred fifty dollars;
E. For conditional use permits, the sum of two hundred fifty dollars;
F. For short subdivision approval, the sum of three hundred dollars;
G. For subdivision, condominium, binding site plan or planned unit development approval, the sum of four
hundred dollars, plus an additional five dollars for each lot or dwelling unit proposed;
H. For building permits, the fees and charges set forth in the Uniform Building Code, as currently adopted
by the city;
I. For home occupation permits, the sum of forty dollars;
J. For sign permits, twenty-five dollars, pins an additional five dollars for each additional sign included
in the permit;
K. Preparation of legal agreements, forty dollars;
L. For boundary line adjustments, forty dollars;
M. For street vendor licenses, an application fee of fifty (50) dollars, and an annual license fee of three
hundred and fifty (350) dollars payable upon issuance of the license and on January of each succeeding calendar
year for which the permit remains valid.
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(Port Townsend, October 19, 1992)
.. , )
N. For Environmentally Sensitive Area Permits, Two Hundred and Fifty Dollars plus Twenty-Five Dollars
an hour over ten hours;
O. For Environmentally Sensitive Peer Reviews, the full costs, in advance, of any third party charges
which may accrue;
P. For Environmentally Sensitive Area Reasonable Use Exception Applications, Two Hundred and Fifty
Dollars plus Twenty-Five Dollars an hour over ten hours;
Q. For appeals of Sensitive Area Permit decisions appealable to the City Council, One Hundred and Fifty
Dollars;
R. For an appeal of an Environmentally Sensitive Area Determination, Twenty-Five Dollars;
S. For an Advance Determination under the Environmentally Sensitive Areas Ordinance, Two Hundred
Fifty Dollars ($250).
Section 3. Effective Date. This Ordinance shall become effective on November 16, 1992.
Read for the first time on October 19, 1992, and for the second and third times and passed by the City
Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this 19th day of October,
AE Clise, Mayor
David Grove, City Clerk
First Reading:
Second Reading:
Third Reading:
Publication Date:
Effective Date:
Approved as to form:
Dennis Mci.em, City Attorney
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(Port Townsend, N6vc:-...b~ 19, 1992)
7_3I?