HomeMy WebLinkAbout2929 Amending Critical Areas Ordinance to Include Best Available Science
ORDINANCE NO. 2929
AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON,
AMENDING ORDINANCE 2899 ADOPTED JULY 5, 2005,
IN ORDER TO INCLUDE THE BEST AVAILABLE SCIENCE AS REQUIRED
UNDER RCW 36.70A.I72, AND MAKING TECHNICAL AMENDMENT
REGARDS NUMBERING
WHEREAS, on July 5, 2005, the City Council approved Ordinance 2899 (the
Critical Areas Ordinance), amending the Environmentally Sensitive Areas section of the
Port Townsend Municipal Code, Chapter 19.05 PTMC, "Environmentally Sensitive
Areas." This ordinance included Council findings that directed the Public Works
Department to complete an update of the City's Stormwater Management Plan as soon as
practicable, and to complete promptly thereafter revisions to the implementing provisions
ofthe Engineer Design Standards manual, based upon the February 2005 Department of
Ecology Stormwater Management Manual for Western Washington (DOE 2005 SWMM-
SWMM-WW (2005)); and
WHEREAS, on June 5, 2006, the City Council adopted Ordinance 2915, which
incorporated the SWMM-WW (2005) into Ch. 13.32 PTMC - Stormwater Management
Requirements, and the City's Engineering Design Standards (EDS), which are applicable
to development throughout the City. Currently, the Critical Areas Ordinance requires
stormwater management as provided in the EDS, which now incorporate SWMM- WW
(2005); and
WHEREAS, the Council determines it appropriate to directly reference the
SWMM- WW (2005) in the Critical Areas Ordinance, recognizing the document as best
available science, and consistent with RCW 36.70A.l72 which requires all jurisdictions
to include the best available science in developing policies and implementing regulations
to protect the functions and values of critical areas.
NOW, THEREFORE, based upon the foregoing, and based upon the record
before the Port Townsend Planning Commission and City Council, the City Council
hereby ordains as follows:
SECTION 1: AMENDMENTS TO CHAPTER 19.05 PTMC. The
Amendments to Chapter 19.05 PTMC, "Environmentally Sensitive Areas," as set
forth in Exhibit "A," are incorporated herein, and are hereby adopted and added to
the Port Townsend Municipal Code.
SECTION 2: TRANSMITTAL TO DCTED. The City Clerk shall transmit a copy of
this Ordinance to the State Department of Community, Trade and Economic
Development (DCTED) within ten (10) days of adoption of this ordinance.
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Ordinance 2929
SECTION 3: EFFECTIVE DATE. This ordinance shall take effect and be in force 5
days following its publication in the manner provided by law.
SECTION 4: SEVERABILITY. In the event anyone or more of the provisions of this
ordinance shall for any reason be held to be invalid, such invalidity shall not affect or
invalidate any other provision of this ordinance, but this ordinance shall be construed and
enforced as if such invalid provision had not been contained therein; PROVIDED, that
any provision which shall for any reason be held by reason of its extent to be invalid shall
be deemed to be in effect to the extent permitted by law.
Adopted by the City Council ofthe City of Port Townsend, Washington, at a
regular meeting thereof, held this 18th day of September, 200 .
Attest:
Approved as to Form:
=""'"
~
John P. Watts, City Attorney
First reading: q.":J." G
Second reading: q. If.of;
Transmitted to DCTED: 9.dl5'".0t;.
Passage: If. IJ.o~
Publication: 9..:1. 7.0(,
Effective: /0.002-.0'"
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Ordinance 2929
EXHIBIT "A"
Amendments to Chapter 19.05 PTMC
. ~.', (;'udei"'llmvlrodmeniltI!Smmtive
SECTION 1. Amendment. Subsection (59) of Section 19.05.020 - Definitions is
hereby amended to read as follows (strike is deleted and underline is added):
* ~ "Stormwater Management Manual" means the eill'fel!t stsffilwater r-eqmremel!ts
adopted .,yithin tlle Port Tov/Rsend engineering design sta!lffilr.as (EDS) ffiallllal, whiea
are deri':ed from the Stormwater Management MaHHal for Western Washington the 2005
Department of Ecologv Stormwater Management Manual for Western Washington
(SWMM-WW (2005).
SECTION 2. Amendment. Subsection D (5) of Section 19.05.060 - Performance
standards for development - Mitigation, on-site and off-site, density, minimum lot
size, subdivisions, preferred construction practices, impervious surface standards,
stormwater plans, mitigation plans, is hereby amended to read as follows (strike is
deleted and underline is added):
5. Stormwater and Erosion Control.
a. Stormwater Management Plan. If the direetor aetermines that nmoff or
erosion from. a props sed de'ielopffiel!t poses a signifieant risk to dowHotream
receiving property based on the s-ize of the projeet or the proximity tEl or
sensitivity of tlle reeeiving property the applieant shall prepare a stormwater
eontrol management plan taat aemonstrates that the pro]38sed deyelopmel!t will
net aggravate all eJlistin.g ]3roblem or e1'eate a Hew problem. Stel'ffrwate1'
management ]3lans shall be eoasistent with the stalldards contained withia the
city's EDS manual aIld the 2005 Deflartmel!t ofEeology St{JrmwatiJr Mana~ement
Manual fer Wentern WashiacteR (SWMM '"1.'W (2995).
All development subiect to the provisions ofthis Chapter shall complv with the
2005 Department of Ecologv Stormwater Management Manual for Western
Washington (SWMM-WW (2005). citv engineering design standards manual. citv
stormwater master plan. and adopted drainage basin plans.
i. +fle-5S.tormwater management plans shall be consistent with the
standards contained in the city's EDS manual and the SWMM-SWMM-
WW (2005), and -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.
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Exhibit A to Ordinance 2929
PTMC 19.05 - CRITICAL AREAS
Surface water discharge from the site shall not be greater than historic or
predevelopment rates.
ii. 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.
b. Erosion control practices must be detailed using best management
practices for situation/filtration devices to control surface runoff during
construction, and the 2005 Department of Ecologv Stonnwater Management
Manual for Western Washington (SWMM-WW (2005).
i. Applicants shall indicate erosion control measures on the site
construction plan or stonnwater control management plan, as appropriate
for the project.
ii. These requirements shall be in place following the preconstruction
meeting outlined in PTMC 19.05.040(D)(1)(i) and shall be reviewed and
approved prior to clearing and grading.
c. Applicants are also encouraged to consult the recommendations set forth
in Chapter 5 of the Low Impact Development Technical Guidance Manual for the
Puget Sound (2004) for guidance concerning the protection of native soils and
vegetation, and retention of hydrologic function, during clearing and grading for
development proposals. .
SECTION 3. Amendment. Subsection D(5) of Section 19.05.110 Critical area 5-
Wetlands, is hereby amended to read as follows (strike is deleted and underline is
added) :
5. Stormwater Management. The following surface water management activities
may be allowed only if they meet the following requirements:
a. [NOTE: This section reformats and includes provisions in (a)and (b)below.j
Category I. II. III. and IV wetlands and buffers may be used for regional
retention/detention facilities only when: all applicable requirements of the EDS
manual are met; the use will not aiteF adversely affect [NOTE: Language change
requested by DOE. per 8/2/06 DOE emaill the rating or the factors used in rating
the wetland; the proposal is in compliance with the management guidelines set
forth in the 2005 Department of Ecology Stormwater Management Manual for
Western Washington (SWMM-WW (2005) : and. there are no significant adverse
impacts to wetland resources.
a. CateCOlY I aaa II wetlands llIld lmffcm may be used for
redoaal rctentioaldetel!tioll facilities Ollly when: all (lflplicaiJle
requirements eftae EDS mllllual are met the use willllot alter the
ratiRg 8r the footors used iB rating tlle wetlaHd; the flro13osal is iH
comflliance with the maaagemel!t gHideliaes set fertft in ChElf)ter
14 of the Paget Souad 'NetlllIlds and Stermwater Maaagerneat
Research Prol<ram (Horner. et at 1996); and. thcre are HO
sil$ifieant adverse iffiflaets te wetlaHd reselH'ces.
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Exhibit A to Ordinance 2929
PTMCI~05-CRlnCALAREAS
b. Category III and IV wetlaaas ana Imffers may be Hsed for
reldonal rctentionldetentieH facilities OHly 'shea: all aflfllicable
reQHircmel!ts of the EDS marnwJ are met; the Hse 'sill not alter the
ratinfl: or the factors lIsed in ratim: the wetland; and, there are no
sig,nifieant ad'terse iffillatlts to wetland resourees.
[NOTE: Renumber remaining subsection.]
c. New developments cannot use existing wetlands for surface water
discharge unless the wetlands are protected by upstream pretreatment facilities
that demonstrate runoff, erosion, water quality, and sedimentation control.
d. New surface water discharges to wetlands from detention facilities,
presettlement 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.
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 dissipaters may be allowed only if the
applicant demonstrates:
1. No practicable alternative exists;
ii. Facilities are limited to dispersion outfalls and bioswales located, to the
extent practicable, in the outer 25% of wetland buffers; and
iii. The functions of the buffer or wetland are not adversely impacted.
SECTION 4. Amendment. Subsection C Exemptions, of Section 19.05.040-
Critical area permit requirements - Exemptions, nonconforming structures,
application requirements, special reports, and advance determinations, is hereby
amended to read as follows (strike is deleted and underline is added):
C. Exemptions. The following development shall be exempted from the provisions of this
chapter and the administrative rules; provided however, that for subsections (C)(2)
through fH1 Q.i) of this section, the activities shall be conducted in a manner consistent
with best management practices (BMPs) and the city's engineering design standards.
Further, if the director determines that the activity needs to be limited or conditioned to
ensure that impacts do not occur, a minor critical area permit pursuant to subsection (A)
of this section shall be required. Exemption from a critical area permit does not grant
approval or authorization for any work to be done in any manner which may violate any
laws or ordinances of the city of Port Townsend.
1.Actions necessary when the director determines there is an emergency that threatens the
public health, safety and welfare. Emergency repairs to water, sewer, stormwater,
electric, petroleum gas facilities, communications facilities and telephone utility services
will not require permits nor the approval of the director.
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Exhibit A to Ordinance 2929
PTAfCJ~05-CRlTJCALAREAS
2.Remodeling, reconstruction or replacement of structures and improvements that do not
meet the requirements of this chapter; provided, that such activity does not increase the
potential impact to a critical area or its buffer.
3.An application for a building permit for a lot within a development for which a critical
area study meeting the requirements of this chapter has been prepared and accepted by
the city; provided, that the previous study evaluated the type and extent of development
proposed to occur on the lot; and provided further, that the proposed development
adheres to the recommendations contained within the study. Other studies, such as SEPA
documents or studies, may also be accepted by the director if found to meet the
requirements for critical areas studies.
4. Existing agricultural activities. If a site has remained idle for more than 10 years from
the date of the adoption of the ordinance codified in this chapter (Ordinance 2319,
October 19, 1992), it is no longer considered agricultural.
5.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.
6. Maintenance or replacement of existing city utility lines; provided, that replacement
occurs within the same right-of-way or easement.
7. Ordinary maintenance and replacement of electric, natural gas, cable communications
and telephone lines and facilities. 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.
8. Routine landscape maintenance of existing landscaped areas, including selective
pruning of trees and shrubs for safety and view protection, weeding, and planting,
provided natural drainage patterns and topography are not altered. This does not include
clearing or grading in order to develop or expand such activities in critical areas nor
alteration of areas desigoated for retention as a condition of permit approval. Use of
pesticides and herbicides is discouraged.
9. Preliminary mapping, survey work and subsurface exploration that result in
insigoificant disturbance of vegetation and soil.
10. Land clearing ordered by the city council for abatement of a public nuisance.
ll.Removal of noxious weeds as listed by the state in Chapter 16-750 WAC; provided,
that no heavy equipment is employed.
12.Removal of invasive species as part of a restoration project desigoed to improve the
quality of a critical area and conducted in a manner accepted by agencies with
jurisdiction over the critical area.
13. Removal of dead or diseased trees and vegetation within 50 feet of a permitted
structure; provided, that the applicant receives permission from the Department of Fish
and Wildlife for removal of vegetation used for nesting and/or roosting by a priority
species.
14. Development and construction activities located outside a critical area, and which
is proposed to occur at a distance which is substantially greater than the applicable
buffers and setbacks required under the provisions of this chapter; provided, that the
director finds that no useful purpose would be served by the requirement to obtain a
critical areas permit in the case at hand.
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Exhibit A to Ordinance 2929
PTA1CI~05-CRITICALAREAS