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HomeMy WebLinkAbout3198 Amending Critical Areas Ordinance Codified in PTMC Chapter 19.05 and Corollary Amendments to the Shoreline Master ProgramOrdinance 3198 Page I of 7 Ordinance No. 3198 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, AMENDING THE CRITICAL AREAS ORDINANCE CODIFIED IN CHAPTER 19.05 OF THE PORT TOWNSEND MUNICIPAL CODE AND COROLLARY AMENDMENTS TO THE SHORELINE MASTER PROGRAM; COMPLETING THE 2016 GMA PERIODIC UPDATE WHEREAS, Chapter 19.05 of the Port Townsend Municipal Code (PTMC) contains the City's critical areas development regulations as required by the Growth Management Act (GMA), Chapter 36.70 RCW. The Critical Areas regulations have the following adoption history: 1. The GMA required the City to designate critical areas (wetlands, areas with a critical recharging effect on aquifers used for potable water, fish and wildlife habitat conservation areas, frequently flooded areas, and geologically hazardous areas) and to develop and adopt implementing regulations on or before September 1, 1991, that protected critical areas (RCW 36.70A.060 and170 and WAC 365-196-485). 2. Pursuant to the GMA, the City adopted Ordinance No. 2319 on October 19, 1992, which amended the Port Townsend Municipal Code ("PTMC") by adopting a new Chapter 19.05, "Environmentally Sensitive Areas." In addition to the required critical areas, the City opted to include protection of critical drainage corridors. 3. The GMA was amended in 1995 to require all jurisdictions to include the best available science in developing policies and implementing regulations to protect the functions and values of critical areas and to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries (now codified as RCW 36.70A.172; WAC365-195). 4. All jurisdictions were required to review, and if necessary, update their critical area regulations using best available science, by December 1, 2004 (RCW 36.70A.130). In August of 2004, the City undertook a preliminary technical review of Chapter 19.05 PTMC to determine its consistency with the best available science requirements of the GMA and the Procedural Criteria. This initial review was conducted by GeoEngineers and Berryman & Henigar in conjunction with the City's Shoreline Master Program (SMP) update process. 6. Pursuant to the GMA, the City adopted Ordinance No. 2899 on July 5, 2005, which amended Chapter 19.05 PTMC to incorporate best available science and give "special consideration" to conservation or protection measures necessary to preserve or enhance anadromous fisheries. 7. In 2010, the legislature established anew rule in WAC 365-196-580 on the integration of the Shoreline Management Act (SMA) with the GMA. This rule addressed overlaps between designated critical areas and shorelines of the state. Ordinance 3198 Page 2 of 7 Also in 2010, new rules were established in WAC 365-165-830 addressing the protection of critical areas "Although counties and cities may protect critical areas in different ways or may allow some localized impacts to critical areas, or even the potential loss of some critical areas, development regulations must preserve the existing functions and values of critical areas. If development regulations allow harm to critical areas, they must require compensatory mitigation of the harm. Development regulations may not allow a net loss of the functions and values of the ecosystem that includes the impacted or lost critical areas." 9. The City adopted Ordinance No. 3062 on September 6, 2011 amending the CAO and SMP pursuant to WAC 365-196-580; and, WHEREAS, Council adopted the City's current Comprehensive Plan/Development Regulations Amendment Process codified in Chapter 20.04 PTMC on December 16, 1996 (Ordinance No. 2559). Adoption of this chapter implemented the GMA requirement to establish procedures for plan and development regulation amendments (Sections 36.70A.130 and 36.70A.470 RCW); NOW THEREFORE, the City Council of the City of Port Townsend do ordain as follows: Section 1 Findings., Based on the entire public record and public comments, written and oral, Council makes the following findings of fact: Phased GMA Periodic Update;, 1. The City is required to plan under RCW 36.70A.040. Section 36.70A.130 of the Revised Code of Washington requires that the City take legislative action every eight years to review and, if necessary, revise the Plan and its development regulations to ensure that the Plan and associated development regulations continue to comply with the requirements of GMA. 2. Under the schedule established in RCW 36.70A.130(5)(b), the deadline for the City to comply with the update required by RCW 36.70A.130(1) was June 30, 2016; with an additional one-year extension for the critical areas regulations RCW 36.70A.130(7) 3. On October 3, 2016 City Council adopted Ordinance 3154, which adopted the 20 - year periodic update to the Comprehensive Plan. 4. Council concluded that it was appropriate to postpone the review the Critical Areas Ordinance until 2017 as permitted by RCW 36.70A.130(7) and directed staff to process revisions to the City's Critical Areas Ordinance either as part of the 2017 Comprehensive Plan docket, or as an amendment to the City's Shoreline Master Plan as required by law (Conclusion 3 and Finding 9 of Ordinance 3154; Section 5 of Resolution 15-042). 5. Taken together with Ordinance 3154, adoption of the critical areas amendments completes the City's GMA requirement to update the Comprehensive Plan and development regulations as required under RCW36.70A.130. Ordinance 3198 Page 3 of 7 Procedural1listory; 6. The planning process for CAO update began in 2015. To assist in the identification of necessary "mandated" amendments, an outside consultant (Cascadia Planning Services) was retained to review the Comprehensive Plan and development regulations for consistency with the GMA using the Department of Commerce's update checklist. 7. In February of 2015, the City retained the consulting team of AHBL/Herrera to prepare a gap analysis of the City's existing CAO and review it against the State's guidance for mandated revisions; review existing CAO for best available science compliance pursuant to RCW 36.70A.172; and using the best available science management practices prepare proposed amendments to the City's CAO. 8. In performing this periodic review, the City has: Conducted extensive research regarding the standards and requirements for regulating critical areas Consulted with experts in the disciplines covered by these regulations Based proposed amendments on the Best Available Science Addendum conducted by Herrera Environmental Consultants, Inc., technical manuals provided by the State, the model ordinance in the Department of Commerce Handbook, Stormwater Manual Comparison Technical Memorandum prepared by Paul Fendt, P.E of Parametrix Engineering, Planning and Environmental Sciences, Washington Department of Fish and Wildlife Priority Species and Habitat Recommendations, and quality examples from other Cities around the Puget Sound with recently updated CAO's. 9. As documented in their Findings and Conclusions, the City of Port Townsend Planning Commission has considered public comment and reviewed the proposed amendments to the critical areas regulations and corollary SMP amendments at several properly noticed public meetings and held a properly noticed public hearing on April 12, 2018. At the conclusion of the public hearing, the Planning Commission voted unanimously to recommend approval of the proposed amendments. 10. Updated drafts of the amendments to Chapter 19.05 Critical Areas were made available in concert with materials posted for Planning Commission workshops. Notice of all the Planning Commission meetings were posted on the City's website and posted at City Hall. Public comment was accepted at each of the meetings. All meetings were broadcast on PTTV. All audio taped and written records of the Planning Commission's deliberations during the meetings and hearing described in the above findings are adopted into the record. 11. The City has followed the periodic update procedures in Chapter 36.70A RCW and Chapter 20.04 PTMC. In addition to the noticing requirements of Chapter 20.04, outreach included: Ordinance 3198 Page 4 of 7 • Solicited public input via the November 2016, June 2017, and April 2018 issues of the City Newsletters, mailed with City utility billings. Each newsletter included information on how to participate in the update. • On July 26, 2017, staff provided a presentation to and invited comments from the Jefferson County/City of Port Townsend Climate Action Committee CAC. CAC comments are included in Exhibit G, Public Comment). • On November 17, 2017, staff met with Jefferson Land Trust staff to provide an overview of the update and amendment process. • On February 6, 2018, staff provided a presentation to and invited comments from the Jefferson County Marine Resources Committee. 12. On October 9, 2017, the Council received an overview of the CAO Update, 13. Consistent with the requirement of the GMA (RCW 3 6.70A. 106), Planning staff provided notice of intent to adopt the proposed development regulation amendments to the State Department of Commerce for review and comment. An initial draft was sent on July 6, 2017; no substantive comments were received. A second draft was sent March 5, 2018. The 60 -day comment period expired on May 4, 2018. No substantive comments were received from DOC prior to the adoption of this Ordinance. 14. On March 28, 2018, the City's SEPA Responsible Official issued a determination of non -significance (DNS) for the amendments adopted herein. SEPA documentation included an analysis of potential cumulative impacts. The initial comment period of April 12, 2018 was extended to April 20 at Ecology's request. Council finds that the Plan and Code amendments recommended herein have been reviewed under the State Environmental Policy Act (SEPA) (Chapter 43.21 C RCW, and chapter 197-11 WAC) and Chapter 19.04 PTMC. No comments were received. 15. Notice of Council's May 7, 2018 public hearing was published in the Port Townsend and Jefferson County Leader in addition to posting on the City webpage and at City Hall, consistent with Section 20.04.080A(1). On May 7, 2018 City Council held an open record public hearing where they considered public comments, the findings and recommendation of the Planning Commission and recommendations of staff. Council closed the record, closed the public hearing and approved first reading of Ordinance 3198 incorporating additional staff recommendations. 16. Staff used guidance provided by the Washington State Attorney General to assure the protection of private property rights. The CAO update affords substantial protections to private property from damage or destruction due to inappropriate development in critical areas. Additionally, a Reasonable Use Exception is included in the CAO to ensure that reasonable use of all private property is maintained in all cases. Ordinance 3198 Page 5 of 7 _Comments Received 17. Public comment was received throughout the duration of the CAO Update. Comment was received in various formats including letters, e-mails, and public testimony at hearings. The Planning Commission addressed the full range of comments received. �,'orl prehensive Plan 18. Chapter 3, "Community Direction Statement" reflects current widely held community values. The Statement reads in part: "...an extensive system ofparks and open spaces, including many environmentally sensitive areas that provide significant wildlife habitat. The City's urban wildlife corridors provide vital links between critical wetland habitats, drainage corridors, and other protected areas. These corridors connect with a larger network of wildlife movement routes that extend beyond the City and into the County, ultimately leading to the Olympic National Forest and Park.... " 19. The Comprehensive Plan directs the City to protect critical areas and to use best available science: Land Use Policy 2.1: Continue to use, and revise as necessary, the Critical Areas Chapter of the Port Townsend Municipal Code (PTMC) to require protection and/or enhancement of environmentally sensitive areas within new developments. Land Use Policy 2.2: Use "best available science" when reviewing and revising the Critical Areas chapter of the PTMC to ensure that the functions and values of critical areas are adequately protected, and give special consideration to measures needed to preserve salmon fisheries. Recognize that scientific knowledge and information is rapidly developing in natural resource areas affected by climate change. 20. The Comprehensive Plan directs the City to "Consider opportunities for climate change mitigation and adaptation on natural resource lands and critical areas (Land Use Policy 2.3.2). 21. The CAO update incorporates best available science as recommended by the consultants and the Purpose statement acknowledges "Managing critical areas is also key to improving the City's resiliency in light of anticipated climate change." Section 2. Conclusions. Based on the record forwarded from the Planning Commission, the public testimony, and the findings contained in Section 1 of this Ordinance, Council makes the following conclusions: As established in Findings 7, 18-21 and further evidenced in the Planning Commission's Findings and Conclusions; proposed amendments to PTMC 19.05 Critical Areas and corollary amendments to the SMP are consistent with criteria set forth in PTMC 20.04.080. Council has determined that the proposed amendments: Ordinance 3198 Page 6 of 7 a. Will not adversely affect public health, safety and welfare; b. Are consistent with the Comprehensive Plan, County -wide Policies; c. Reflect current widely held community values; d. Maintain the appropriate balance of land uses within the city; e. Implement the Comprehensive Plan; and f. Responds to substantial changes in circumstances. 2. Based on Findings 6, 9-11, 13-15, and 17, the opportunities provided for meaningful citizen participation employed in this review and amendment process are wholly consistent with the requirements of the GMA (Sections 36.70A.035, 36.70A.130, and 36.70A.140 RCW) and the procedures set forth in Chapter 20.04 PTMC. Early, continuous, and meaningful public participation was achieved through broad dissemination of the proposal, opportunity for written comments, public meetings after effective notice, provisions for verbal comment, newsletters, and consideration and response to public comments, consistent with the requirements of the GMA. Based on Findings 6-17 and 21, its review of the requirements Chapter 36.70A RCW, the analysis and proposed revisions prepared by Cascadia Planning Services and the consulting team of AHBL Herrera, and city staff, the recommended findings on review and proposed revisions forwarded by the Planning Commission, and the public comments received, Council concludes that the review and needed revisions have been prepared in conformance with applicable law, including Chapter 36.70A RCW, Chapter 43.21C RCW, Chapter 20.04 PTMC. 4. Based on Finding 14, Pursuant to PTMC Section 20.04.020, Council has considered the cumulative effect of the GMA Periodic Update. 5. As established in Findings 3-5, taken together with Ordinance 3154, adoption of the critical areas amendments completes the City's GMA requirement to update the Comprehensive Plan and development regulations as required under RCW36.70A.130. Having adopted findings and conclusions as provided for in Chapter 36.70A RCW and Chapter 20.04 PTMC, Council adopts the following amendments: Section 3. Critical Areas Update. Council adopts the Findings, Conclusions, and Recommendations of the Port Townsend Planning Commission dated April 12, 2018. 2. PTMC Chapter 19.05 Critical Areas is amended to read as set forth in Exhibit A. Section 4. LiMited Corollary Amendments to theShorelineMaster ��, The City's Shoreline Master Program is amended to replace the reference to Critical Areas Ordinance 2929 with revised this Ordinance number and adoption date as set forth in Exhibit B. Ordinance 3198 Page 7 of 7 Section 5. Severability. If any sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase or work of this Ordinance. Section 6. Transmittal to Department of Commerce. The City Clerk shall transmit a copy of this Ordinance to the State Department of Commerce (DOC) within ten (10) days of adoption of this Ordinance. Section 7. Notwithstanding any provisions to the contrary in Chapter 1.01.015 of the Port Townsend Municipal Code, staff and the Code Reviser are authorized to update and incorporate changes adopted in this Ordinance into the Port Townsend Municipal Code. Staff and the Code Reviser are further authorized to make non -substantive edits related to numbering, grammar, spelling, and formatting consistent with this Ordinance. Section 8. The City Manager or designee is authorized to implement such administrative measures as may be necessary to carry out the directions of this Ordinance. Section 9. Effective Date. 1. For areas outside of shorelines jurisdiction, this Ordinance shall take effect and be in force 5 days following its publication in the manner provided by law. 2. For areas within shorelines jurisdiction, the effective date of this Ordinance shall be the date on which the Washington Department of Ecology approves the updated Shoreline Master Program adopted in this Ordinance as provided by RCW 90.58.090. If Ecology does not approve the Program in its entirety, then those portions approved by Ecology shall be effective, and the portions not approved by Ecology shall not be included in this adoption. ADOPTED by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this2l st day of May 2018. Attest: ---- Joanna Sanders, MMC City Clerk Deborah S. Stine Mayor Approved as to Form: 7,x " qty .torac.y Ordinance 3198 Exhibit A Page I of 79 I EXHIBIT A 2 3 Chapter 19.05 4 CRITICAL AREAS 5 6 Sections: 7 19.05.010 Purpose, 8 19.05.020 Definitions. 9 19.05.030 General provisions a -­lnter.�r�gtat Lon, IicabilitvEk42N--,.,I-K-)rel-ine .� a 10 ma—g et%rclationship to other regulations administrative rules, -rmoeedufes 11 giRd maps. 12 '19,,05.040 Critical area xi-init reauirements - Applicability, cFxeniptions, allowed p 'nit re(__ 13 ac�tivities, nonconforming, structures, aplicatiop rc­quu.[ernents, special reports, and advance 14 determinations. 15 19.05.050 Critical area permit administration - Permit processing, public notice, reasonable 16 use 17 exceptions, appeals, fees, and patietjo-titlecovenants. 18 19.05.060 General Performance standards for development -Avoidance Mitigation, on-site 19 and off-sitLedensity,, 20 minimum lot size, subdivisions, nreferred construction practices. impervious 21 SUrfiacc standards, stormwater plaLnsnu tig tion plans, , 22- 19.05.070 Critical area I -Aquifer recharge areas. 23 19.05.080 Critical area 2 - Fish and wildlife habitat conservation areas. 24 19.05.090 Critical area 3 - Freqggift...flboded areas and critical drainage corridors,. 25 19.05.100 Critical area 4 - Geologically hazardous area, 26 19.05.110 Critical area 5 - Wetlands. 27 IU5.120 Violations and penalties. 28 19.05.13 0 Bonding and_security_. 291 19,05-140 Other laws and reg 30 19.05-150 Suspension - Revocation. 31 19.05.160 Amendments. 32 19.05.170 Severability, 33 19.05.180 Assessment relief. 34 19.05.190 Limitation of actions. 35 36 19.05.010 Purpose. 37 The Washington Growth Management Act (GMA) requires that critical areas within the eityCity 38 are to be protected by establishing protection standards for minimizing the impact of 39 development of properties within critical areas. The goal of this chapter is to protect and improve 40 the eityCity of Port Townsend's critical areas for the present and future generations. 41 Nany e1ef sendls� he*viiimwiei4-,af e­ffagii .1 e 42 the- or m;ay-post-ha-.,ards--4o4.l-ie-.eo.m- n:R-m-i-�iAeveloped,-CriticaI 43 areas provide a variety of valuable biological and physical functions that benefit the City ort 44 Townsend and its residents, and/or may pose a threat to hLanan y4fety or to public orprivate 45 M. ert . Managing critical areas is also key to improviralhe Cit 's resiliency in li2ht o 46 anticipated climate change. These Critical areas include4he-ftg4owi d-eeosystems: Ordinance 3198 Exhibit A Page 2 of 79 1 wetlands; critical aquifer recharge areas; fish and wildlife habitat conservation areas; frequently 2 flooded areas; critical drainage corridors; and geologically hazardous areas. These are termed 3 "critical areas," which also include their protective buffers, and are of special concern to the 4 eityCity and the citizens of the state. This document addresses only the 61-yCity's critical areas - 5 n ' v Council has determined that the eityCity will not designate any natural resource 6 lands as defined by the Growth Management Act. It is the intent of this chapter to protect the 7 public health, safety, and welfare by: 8 A. Reducing the potential for personal injury, loss of life or property damage due to 9 flooding, erosion, landslides, seismic events or soil subsidence; 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 B. Using the ARC approach to Lnit% ate critical area impacts - Avoid, Reduce, and Compensate: 1. First, if at all possible, avoid adverse impacts; 2. Second, if that is not reasonable or possible, reduce adverse impacts= a, Minimizing E)f4iiiit +i#-t4ie- Wit° --mit k)pffyaffan its implement. �n i t - to alp sto a,I NILt l- Retht it ,-o,r-e ` ° " . ti ig-t :" " n and— n4nleffafieeA opa ��ing�tha�l-ili�#=.�lla��l�n�t� 3. Finally, compensate for the impact. -l��yi�4e-ads ct - n-rehah4ittat n;, or Fest �ttin celr� St ntreef-etwi f+mentr C. Protecting against publicly financed expenditures as a result of die the misuse of critical areas —when that misuse causes on-site or off-site: 1. Unnecessary maintenance and replacement of public facilities; 2. . "tn itigation for avoidable impacts; 3. Cost for public emergency rescue and relief operations where the causes are avoidable; 4. Degradation of the natural environment; D. Mahitainin hg althy _functioning ecMIterns, thEpu Clic tect on of r- twt�unique, fragile and valuable elements of the environment, including ground and sur Iitc.c waters wg1 nLi ,a,,fish and wildlife, and their habitats; E. Alerting appraisers, assessors, owners, potential buyers or lessees to the development limitations of critical areas; F. Providing city officials with sufficient information to adequately protect critical areas when approving, conditioning or denying public or private development proposals; G. Implementing the policies of the State Environmental Policy Act, the State Growth Management Act, this code, and the Ilan. (Ord. 2899 § 1, 2005; Ord. 2319 § 1, 1992). 19.05.020 Definitions. For the purposes of this chapter, the following definitions shall apply: 2 Aggm gates ek' Ltllortl 1W s ": �lr tta Ordinance 3198 Exhibit A Page 3 of 79 VIA 2 1 o r°� -055--06 rifcck1-fli 't'&i�r&ky bt3�9ihli , T •'tYi- 4 ii#e 't - rod, vo : . oraffima4-pfo ,, and " Bps. `'&, butting" means Juivine as coni on border with or be iated from such coninion border 7 by a public right-of-way. See also "Contiguous." _"Alteration" means, with respect to critical areas, any human -induced change in an acct 9paes 10 the -existing condition of thL-a c.rili.ca;1_area or its bLIf- cr. Alteration includes, but is not limited to: 11 1. Grading, filling, dredging, draining, channelizing, cutting, topping; 1.2 2. Clearing, relocating or removing vegetation; 1.3 3. Paving, construction, including construction of imp w surface water 14 management pufposesfacilities; is 4. Storage of equipment and materials` or 16 45. Human activity that impacts the existing topography, vegetation, hydrology, water 17' ug ality, or wildlife habitat. 18 Alteration does not include interiorhuiLi g improvements or walking, passive recreation or 19 similar activities. 20 "Applicant" means a person who files an application for a development permit under this code 2.1 and who is either the owner of the land on which that proposed activity would be located, a 22 contract vendee, a lessee of the land, the person who would actually control and direct the 23 proposed activity, or the authorized agent of such a person. 24 "Aquifer recharge area" means geological and soil formations with recharging areas having an 25 effect on aquifers used for potable water where a potential source of drinking and ground water 2.6 is vulnerable to contamination. 27 "Base flood" means a complete h 2 r 11y �1� a��q flood event havingAone percent chance of being equaled or 29 exceeded in any given year also referred to as the 100- ear food.. 'Flee area subject to the base Map 30 flood is thy, Special1*1��od Hazard Area designated on Flood lnsuInsurancelate Ma�s s Zones _� ".," 31 or ``V" including AE, AQ, A11 Al -99 and VE. See "frequently 11aided"". 32 "Best available science" means current scientific information used in the process to designate, 33 protect or restore critical areas that is derived from a valid scientific process which meets the 34criteria ein �'` ed y -WAC 365-195-900_tixr0LI WAC 365-195-925. 35 "Best management practices (BMPs)" means conservation practices or systems of practices and 36 management measures that: 37 1. Avoid or control soil loss and protect water quality from degradation caused by 38 nutrients, animal waste, toxins and sediment; and 39 2. Avoid or minimize adverse impacts to surface water and ground water flow, and 40 circulation patterns; and 41 3. Avoid or control the movement of sediment and erosion control caused by land 42 alteration activities; and 43 4. Avoid or minimize adverse impacts to the chemical, physical, and biological 44 characteristics of critical areas. 45 BMPs are those practices as defined by the State of Washington Department of Agriculture, 46 Washington State Department of Ecology, Washington State Department of Health, Washington Ordinance 3198 Exhibit A Page 4 of 79 I State Department of Fish and Wildlife, Jefferson County eons,� m -Conservation 2 distrie-t-District, and other professional organizations. Applicable BMPs may be more fully 3 identified in the Cit �'s I`,.n �inegijn , Design Standards (EDS IarLd procedures manual to be 4 adopted by the ewe 4of Q irector. 5 "Buffer" means an area that protects a critical area which is reg uired for the continued 6 maintenance,, functioiiiiia, and/or structural stability of a critical area,on a land.seape at�aeent to 7 any- R—al a-ea-whieh--. 8 Ph.—J11-'00la4es the or- "I at -ea fi!om sur-fotm...,.,, nef&3 j 10 Aets4o-n+iii ii- 14keVA44 ell 11 12 4-.—Pfoteets +, ,e V4. ne6ensand valties of efi+iea4-afea ftom fse imliaiats-4 13 ad�-ac-eiii„ A A- 14 pf— Me, lip 15 irw rat ri i lar metefisties--, 16-1-�:Ovi4e+,hawa e; and/of 17 pides 18 All I. -M -r fufietions pr-etee ie pul 19 20 "Building pad" means a portion of a lot which has been altered or designated to provide an 21 acceptable location for a structure-<--)t+--i+-s., F 22 deve4opmen+4WIkation. This area is determined by criteria set forth in PTMC 19.05.060. The 23 arm I be delineated on all landuse appfovals or- pemi-itti, 24 "Case-by-case" means decisions that are blade separately, each according to the fticts of die 25 12arti.ctilar sittiatiop WcludiDg but trot limited to site conditions and intensily of the proposed 26 acti�vit 27 "Classified species" means endangered, threatened an4-or priority species as defined by the State 28, Department of Fish and Wildlife. 29 -Vompenyat*wy-+*4W Oil fAe la e efi-t' � 4-afea4mpaet7or-f4es�,,. 30 eant-d-j- 1, 04 1-mited4o,—resteh,+t4ofi-(+r-efea4mvof-kFA-w 31 impacted C- meas may be used P-- 32 33 "Conipensat act or bLiffer loss. 34 Compensatory iiqLitig ' ation-can ' l u ' incde, but is not limited to: 35 Restoration - to reestablish. functional characteristics and processes. 36 Creation - to intemionaliv establish the lost wetland/habitat function where it did not 37 formerly exist. 38 Enhancement- to improve the condition qfan exi.stinL, deraded wetland/habitat so that 39 the functions they provide are of a iijjgLqwLIjjy. Enhancement of critical areas may b j 40 used for partial compensatory p mitigatinon �Lthqi q- q qJL qtjjent�L�L[LjL-ApL sgb r -.g — --.-- -- — c 41 Preservation --- to ensure the permanent protection of exts jinYgh- aLit t, hi —--qjL -y 42 wetlands/habitats. 43 "LC�oiifi mogs" means having a common border with, but not separated from, such common 44 border by a public right-of-way. See also "Abutting." 45 Critical Areas. For the purposes of this chapter, "critical areas" means the foll"I'loAlin,m areas of the 46 City: � de -aquifer recharge areas, fish and wildlife habitat conservation areas, frequently Ordinance 3198 Exhibit A Page 5 of 79 1. flooded areas and critical drainage corridors or areas, geologically hazardous areas, wetlands and 2 streams. At the time of ado tion of the updated critical areas regulations, Ordinance 3198 there 3 were no streauns identified within the CitolwPort Townsend. Under e ieal area ure 4 to r- �� d i�,*ate a t y h ,art eco sl oval e seta" , t+m� e*1 w" fir°" 7di, r1 1 6 "Critical drainage corridor" or "area" means an area Sieh -that has been determined (by the Port 7 Townsend department of public works) to require more restrictive regulation than city-wide 8 standards afford, in-erde�to mitigate flooding, drainage, erosion or sedimentation problems 9 hie4i--that have resulted or may result from the cumulative impacts of development and 10 urbanization. �.er-4` ra�r�,�eerri6ter ".year--r-ound-or-intefmiltent �t ll wi t c u l ieA ibis- livit lines to fne- r-ffl��.e- agowi g 14. efa- eatisisting Of a,'erffled-ehann i- 15 ate4e*)ff4he-1 ti 16 nelid 17 e ° Piped; a 1.8 4.Percl d. -Pen S, -a knes OF ott'heritaturoA drainage features. 1.9 "Critical facility" means a facility for which even a slight chance of dar �_beeccausemo an 20 incident occurrin ,, being4*ea -within a hazard area would be too great. Critical facilities 21 include, but are not limited to, schools, hospitals, police, fire and emergency response 2.2 installations which produce, use or store hazardous materials or hazardous waste. 23 "Critical habitat" means ureas associated with endangered, threatened or priority species 24 as defined by the State Department of Fish and Wildlife " sj ". —A� a d� 2 tlte��ll .,t . ���, a r���e 26 log r—m-rSuch habitat areas are documented with reference to lists, categories, and definitions 27 of species promulgated by the Washington State Department of F ishan _Wildlife or by and 28 regulations adopted currently or thereafter by the U.S. Fish and Wildlife Service. 29 "Critical slope" means any area with slopes of 40 percent or steeper that exceed a vertical height 30 of 10 feet. A Ecritical slope is determined by measuring the vertical rise over any 25 -foot 31 horizontal run for a specific area that results in a percentage of 40 or more. The critical slope 32 hazard area includes the area of land that extends for 10 feet from the top and toe of the slope. 33 "Cumulative adverse impact" is the impact on the environment Sieh -that results from the 34 incremental impact of the action when added to other past, present and reasonably foreseeable 35 future actions regardless of whata„ orpersonwho undertakes such other actions. 36 Cumulative impacts can result from individually minor but collectively significant actions taking 37 place over a-pei iod-tel" time. 38 "Delineation" means a process used to locate and mark a critical area's edge or boundary in the 39 field. Wetland d elineations are valid for a period of tl. ljv°eyearsµ f+ ° t°the 40 de4neaI ion f-epe. t is�ed*y-4-he-6ty,_- 41 43eNmOop! 6�, �t� �-l� �u�uldi as. -aur a � � T 42. arnret:it el i icy aue v�k tai . L., ,.,�"... . 43 using g ur ani vegetation -and slotl-i 44 ut dereul d eve4 en i i nuc-4al4-- "eleel Of 45 1111-slarulf ° end vipuir��=euuaeal-aie�, p-eviaed tlt l d 46 n y'�is utilized id seilis ii�u#ua�nt. Ordinance 3198 Exhibit A Page 6 of 79 1 "Development"' or "development proposal" means anv land use or developmeiLl_permil that 2 authorizes activity gpon the land or binds land to a specific develqp attern inckidjqg but 3 not limited to a building permit, clearing and grading permit, shoreline substantial development 4 permit, rezone, conditional use permit, variance, lot line revision, PUD, short and long 5 subdivision, street and utility development permit, or any development subject to stormwater 6 drainage requirements under PTMC Title 4 -613.. -Development proposal does not include permit 7 "provals for interior alterations. 8 midred. a devel(a), e t proposal -e— DIAArl -iti-alareasper-m-Ar wsw*,4-� I'll 9 19�.09.04 4i+-stieh-c4ose roximily "fea W Tsftiafed-.bu14�-r- 10 t1tat thwe4kWet -adyefsy-impa"e-ftw4a" d value Orthe a w See 11 also "Alteration" in this section. 12 "Development Sservices Ddepartment," or "DSD," means the eCit y of Port Townsend 13 Ddevelopment sefviees-Services depaftmeaU)Rq9ment. 14 "Diameter at breast height (d.b.h.)" means a tree's trunk diameter in inches measured four and 15 one-half feet above the ground. 16 1. On multisternmed or trunked trees, where the diameter at four and one-half feet 17 above grade is actually greater than at a lower point on the tree, d.b.h. shall be 18 measured at the narrowest diameter below four and one-half feet. In such cases 19 the height of the measurement should be noted. Referre�f,l d&net..er 20 21 Illustration 1 a - Multitrunked Tree A 1,1M ft 22 23 Illustration Ib - Multitrunked Tree 24 2. On sloping ground, diameter shall be measured from the uphill side of the tree. Ordinance 3198 Exhibit A Page 7 of 79 1 2 Illustration 2a — Tree on Sloping Ground 3 3. Leaning trees, diameter shall be measured four and one-half feet up the stem in 4 the direction of the lean. J1 "I", f ISA diai efer 6, 4,5 i't 3 ..t 5 It A 6 Illustration 3a — Leaning Tree 145 it 7 h U 8 Illustration 4a — Multitrunk Tree, Close to Ground 9 4. On multitrunked trees, where tree splits into several trunks close to ground level, 10 the diameter shall be the diameter equivalent to the sum of each individual trunk 11 measured according to the princ4palspLhiciplcs listed above. 12 "Director" refers to the dir-eeter-Director of theky- .--deve4 tit -Development seilviees 13 Services Wde Qgpaqrrment and his/her designees. Ordinance 3198 Exhibit A Page 8 of 79 1 "Enhancement" means an action approved by the difee4efDirector and taken with the intention 2 and probable effect of improving the condition and function of a critical area, such as improving 3 environmental functions in an existing, viable critical area by means of increasing plant 4 diversity, increasing wildlife habitat, installing environmentally compatible erosion controls, or 5 removing nonindigenous plant and/or animal species. Enhancement of one function should not 5 result in the degradation or other functions. "Endangered species" means any species l that is in danger of extinction throughout all or a 8 significant portion of its range. 9 "Erosion hazard area" means those areas containing soils whi4th t, according to the USDA 10 National Resource Seo Conservation Service, have a "severe" rill and inter rill mayor -p " ee 11 sevem erosion hazard. 12 "Exotic species" means plants or animals that are not native to the Olympic Peninsula region. 13 "Fish and wildlife habitat conservation areas" means land numa gement lior inaintaining 14 populations of species in suitable habitats within their natural geographic distribution so that the 15 habitat available is sufficient to supl2ort viable populations over the long terns and isolated 16 stibpopulations are not created. This does not mean maintaining all individuals of all species at 7 all times but it does mean not degrading or reducing populations or habitats so that they are no 18 loo Mar viable over the long. terns. Counties, and cities shoalid cn'&)g, rm� coo ve planning and 1.9 coordination to help assure long term population viability. These areas include, but are not 20 limited to, a seasonal range or habitat element with which a classified species has a primary 21association, and which, if altered, may reduce the likelihood that the species will maintain 22 population levels and reproduce over the long term. These may include areas of relative density 23 or species richness, flyways, breeding habitat, winter range, migratory routes and wildlife 24 movement corridors. Fish and wildlife habitat conservation areas do not include such artificial 2.5 features or constructs as irrigation delivery systems, irrigation infrastructure irrigation canals or 26 dram cla l c tl t li within the boundaries of and are mai!1[gjgedb a t di,lr�ct or a�a1. 27 irrigation district or com an . 2 "Frequently flooded areas" means lands subject to a one percent or greater chance of flooding in 29 any given year or afe-areas mapped as such by the Federal Emergency Management Agency or 0 the National Flood Insurance Program, or areas identified by the public works department 31 th.rou ,lx cerasin studies and h draulic anal sis. 2 1 ds ridas s seal a etld.r 33 "Functions" means the beneficial roles served by critical areas including, but not limited to: 34 water quality protection and enhancement of fish and wildlife habitat; food chain support; flood 35 storage, conveyance, and attenuation; ground water recharge and discharge; erosion control; 36 wave attenuation; aesthetic value protection; and recreation. 3 "Geologically hazardous areas" means lands are susceptible to erosion, sliding or other 38 potentially hazardous geological events. They s r .at � t 0 'tip 39 rrro� Ali w.a t ° r tiw,xv�.ar ew^e,a.�.a c�� �:M.=�.rw, r�c�"i�� ��I;�kF;�--i��include erosion 4 hazard areas, landslide hazard areas, , ' As, seismic hazard areas and tsunatni 4,1 hazard areas. 42 "Geotechnical engineer" see Qualified Consultant. ae�i ^tit �i al�c�ii 43 engi=-w1 -1i --&Nlid-Waslii () 4e d�eri , lieee d as -a a laid -e of t f 44tr tion-mmi-�--L4il-egi tie apt t "I�f l -ems e t g eteeh rie l 45�aeervlperierrtlt atmalpite�trirra . 4 speefl` ,, Ordinance 3198 Exhibit A Page 9 of 79 2 "Hydric soils" means those soils whirl th t are saturated, flooded or ponded long enough during 3 the growing season to r u - xy encreatc atiaeroHe conditions, thereby influencing the growth 4 of plants. The presence of hydric soil shall be determined following the criteria and methods 5 described in the approved (Federal wWetland dDelineation mManual and applicable regional 6 sup..plenients- ahifl„t "ta",-41 c 4offA4�� 7 p al 1. ati n -Ne: -96 4, ° , d-undW-A-C--1.-7-3-224). 8 "Hydrophytic vegetation" means plant life growing in water or soil that is at least periodically 9 deficient in oxygen as a result of excessive water content. 10 "In-kind oinensation" means to mitigate critical area impacts wi0i a substitute which provides 11 characteristics and functions closely, aprp oximatinthose destroyed or degraded by a reiaulated 12 activity,. It does not mean replacement "in -c to nor ''• 13 "Impervious surfaces" means areas or surfaces that cannot be easily penetrated by rain or surface 14 water runoff. These areas include structures and roof projections, impervious decks/patio,, roads, 15 driveways, and other surfaces which sarrw.i grrl immtrn (t the natural ipi-filtration ofstomiwater. 17 "Inland bank" means landslide or erosion hazard areas that are not subject to wave action, See 18 "marine bluff." 19 "Infill development" means the development of a vacant or underutilized parcel or parcels that 20 are similar in size and configuration to those found in the adja,,etit-surroundin _developed area. 21 Infill development minimizes the need for new utilities and streets and supports the more 22 efficient delivery of urban services through compact development patterns. 23 "Landslide hazard areas" means those areas potentially subject to risk of mass movement due to 24 a combination of geologic, topographic and hydrologic factors, including historic slope failures. 25 These areas may be identified in the Port Townsend Comprehensive Plan, U.S. Geological 26 Service Maps, the Department of Ecology Coastal Zone Atlas, or through site --specific indicators 27 or conditions. 28 "Low Impact Development Technical Guidance Manual for Puget Sound (2004 202LID 29 Manual)" means the manual developed by the Puget Sound Action Team that describes 30 environmentally friendly techniques to develop land and manage stormwater runoff. 31 "Marine bluff' means steep slopes formed and maintained by marine wave action. Marine bluffs 32 include those marine bluffs that have been modified bulkheads or railroads (e.g., aloiiLarry 33 Scott Memorial Trail). Excluded from this definition are steep slopes that have been significantly 34 removed from wave action due to the evolution of spits, lagoons, and protected marshes (e.g., ..... .www 35 bluffslea a�hix1gton Street downtown and above the campground at, Dort Worden r due to 36 intervenin le al non conforming_develo Ment that eliminates wave action e.g., bluffs behind 37 Water Street between the WasLiiggLon Stat, F'e terminal and C �qa . trcgt - Se "intan j 38 banks". -e 39 "Mitigation" means a process used to reduce the severity of impacts from activities that 40 potentially affect critical areas.. l� Eilgigq., in the full yaLip qu ntial c)der off c nee is by 41 the following means: 42 1. Avoiding the impact altogether by not taking a certain action or parts of an action; 43 2. Minimizing impacts by limiting the degree or magnitude of the action and its 44 implementation, by using appropriate technology, or by taking affirmative steps 45 such as proiect redesign, relocation or timing to avoid or reduce impacts; 46 3. Rectifying the impact by repairing, rehabilitating, or restoring the affected Ordinance 3198 Exhibit A Page 10 of 79 1 environment; 2 4. Minimizing or eliminating the hazard by restoring or stabilizing the hazard area 3 through engineered or other methods° 4 5. Reducing or eliminating the impact over time by preservation and maintenance 5 operations during the life of the action; 6 6. Compensating for the impact by replacing, enhancing, or providing substitute 7 resources or environments; and/or 8 7. Monitoring the impact and taking appropriate corrective measures. 9 Miti Yation for individual actions may include a combination of the above measures. 10 "Native vegetation" means plant species which are indigenous to the Olympic Peninsula. 11 "Nonconforming structure or Improvements" means for the purposes of this chapter, le all 12 established structures and ini rovements that do not meet the setback or buffer lm q_u��of 13 this chanter for any defined critical area. 14 "Noxious weed" means any plant which is invasive - for example, non-native blackberries 15 nettles— and listed on the state noxious weed list in Chapter 16-750 WAC. 16 "Off-site compensation" means compensatory mitigation occurring _or� �a t a ptxnsa#e4 v t 17 11 site tither than 18 'the site on which the impacts were located. 19 "On-site compensation" means co�ll atony iti tape axe ripens f rpt er de de l 20 efirtica er w these a the site efitilea ., o on which 21 the impacts were located. 22 "Out -of -kind compensation" means t Rate4-or-o•-c-r-ii4eal 23 sigoniplgnsatorm i ation achieved by creating substitute critical areas whose characteristics 24 do not closely approximate those destroyed or degraded by a development activity. 25 "Peer review" means a review of a submitted critical areas report by an aLgncy with e ertise or 26 a second practicing, licensed professional not associated with the original submittal selected and 27 retained by the e tyCity. The second review must verify the adequacy of the information, the 28 adequacy of the analysis, and the completeness of the original checklist. est -4)f -the 29 review-,A444e"me 'by tale t 30 "l'etrole:tnn roduct" mcans petroleum and Petroletim-based substances coniprised rised of a complex 31 blend ofhydrocarbons derived from crude oil through processes of'`se aration convez•sion, 32 finishing,such as motor feels 'et fuels distillate fuel oils residual fuel oils 33 lubricants,Petroleum solvents and used. oils. The term " etrolcuni product "" for the purposes of 34 Cha ter 19.05 PTMC does not include propane or as halt or any other petroleum product which 35 is not li uid at standard contlitions of"tern eraturc and pr!,ssure. T 36 37 "Practicable alternative" means an alternative available and capable of being carried out after 38 taking into consideration cost, existing technology, and logistics in light of overall project 39 purposes, and having less impacts to critical areas. It may include using an area not owned by the 40 applicant which can reasonably be obtained, utilized, expanded or managed in order to fulfill the 41 basic purpose of the proposed development. 42 l `etf° nen. ee14A, 17 n stm 43 44 "Procedures manual" means a document that may be prepared by the difeet+)rl irector, which 45 outlines the process for determining whether critical areas are present on a lot as well as specific 46 application and procedural details for permitting, site development and other requirements as Ordinance 3198 Exhibit A Page 11 of 79 I described in this chapter. 2 "Qualified consultant" meaps—A a person with experience and training in the pertinent 3 scientific -..ciwscLiRhLiq,.and who is a qualified scientific. expert with expertise a orooriate for the 4 relevant critical area subject in accordance with WAC 3.65-195-905..A qualified consultgnt must 5 have obtained a B,S.gar BA or equivalent degree in biology, engineerigg, environmental studies, 6 fisbcr'gs,,.&c n olpholo gy, or related field, and have at least two years, of related work 7 experience. 8 A. For wetland s - a qualified consultant must be a., rofcssional wetland scientist with 9 ex-oerience delineating, wetlands using, the federal manuals and supplements, preparing 10 wetlands _LqpcLq§.,._g_QndLictiti�,, function assessments, and developing and implementing 11 mitigation plans. 12 13For habitat - a qualified consultant must have a degree in biology or a related degree and 13 pr9fiessional experience related to the subject species. 14 C. For geologically hazardous areas -- a qUalified consultant means, 15 1. An engineering geologist, with a Waship c Zto�Ls ialt li ense in engineering geq�_ y 16 geology (LEG), A LEG is gualifted to provide astudy including interpretation, 17 evaluation, analysis, and application of geological information and data to predict 18 potential or likely chaij res intypes and rates of surficial geologic processes due to 19 proposed changes to a location. For marine shorelines west of Point Wilson on the 20 Strait of Juan de Fuca, the LEG shall have at least three documented projects 21 involving coastal processes including open ocean swell. A LEG may recommend 22 mitigatL g�Lnieasures that do not require engineering (e.g., appropriate bUffiers, 23 landscgping); and where necessary, 24 25 2. An engineer with a valid Washington State Engineering, license as specified in 76 Qhapter 18.43 RCW. Where mitigation measures require engineering, the 27 gqoteclinical rep ort must be co -scaled by an engineer who has a valid license with 28 appropriate training and experience for the mLop .�qsqd cp uIge cA design: 29 mitigaLtion. For engineered mitigatiop measures, on marine shorelines, the 30 engineer shall have the qppropriate training and experience in coastal processes. 31 1). For freCILICIAN flooded and aquifer rechatI)e areas - a+ ualified consultant means a, 32 12ydLqleoloeist or engineer, licensed in the state of Washington with experience in 33 preparing the rewired assessment. 34 ��ed critical afea eo -FW4-belew-to 35 a eri l fear; siudies-pws, t4o-thi-,-ehapler-,-and e 36 'ea mitiaga6e areas afLqw-e( 37 0tlith I gineef ing ( —bj :20 1 -!- 1 38 .4peeifie4�.. 1 07.22 Rcw-eftleffi� eal 3,9 'A %�+ -, 40e-valua+6ot, alyms . -.an d-appfiva+ion ot'geolegleal,rmation-md-d- 41 P" -1� - - . . . . . . . . . . . ✓ sufl"e; I oI4, 1 42 pfoee�s fue-40j". eation, afl 43 44 45 reeomimendations-, 46 S -- a. ,� ;; neer- Ordinance 3198 Exhibit A Page 12 of 79 h. *A4o Ita"t shall possess, y 2 fae-Wl�Cg" 3 fel; anal- t w f l w -e*perit"flw t ."��mal 4 i ,d. g-4aw--ir- al- itankials,eparing and refort 5 u ng f snaerI � 6 "Repair" means activities that restore the character, size or scope of a structure or land use 7 prejeeonly to the previously authorized condition. "Reports and surveys" means required documents prepared by a -P signal to delineate areas and make recommendations for critical area delineations and related 10 regulations. Examples of these reports and surveys include, but are not limited to: 11 1. Site inventory and/or survey; 12 2. Application and site construction plan; 1.3 3. Special critical area report; 14 4. Site mitigation plan; 15 5. Stormwater management plan. 16 "Restoration" means actions to return a critical area to a state in which its stability, functions and 17 values approach its unaltered state as closely as possible. 1 "Retention/detention facility" means a drainage facility designed either to: 19 1. Hold water for a. considerable length of time ajid then consume it b evaporation, 20 plant transpiration, o or infiltration into the soilRetain-+U-n"f-fi)r-aable 21 1�hvtf�� 22 ianlro-th+ --greased; or 23 2. Hold runoff while aduall releasing it ata redetermined maximum rate. To 24 _ er=iso tnl° incl 25 surfaue/-sto r�lo rt (lisr 26 mss. 27 "Seismic hazard areas" includes areas subject to severe risk of damage as a result of seismic 28 induced ground shaking, slope failure, settlement, soil liquefaction or surface faulting. Ground 2 is as-�we1� 1 tai l e e s�g� eater thh 30 ar peg t+d4"ems ., a spell-isl�1 seal 31 n', 1 ~ti �en- e. sol u xd 1 1 n nil... mit ble 32 f r -1t + amens: 3 "Setback" means the distance specified by these regulations between a structure and a buffer, 34 property line, road, etc. 35 "Significant vegetation" means any tree with a diameter of six inches or more at breast height, 36 native "understory" vegetation from four to 10 feet in height, and any species listed in the 37 Washington State Department of Wildlife Priority Habitats and Species Program Report. 3 "Site" means the entire lot, series of lots or parcels on which a development is located or 39 proposed to be located, including all;4i-gutts-abutting t_ t_ undeveloped lots or parcels under 40 common ownership of the applicants, or the client(s) represented by the applicant except where 41 abutting lots are separated b a develo ed public right-of-way which effectively eliminates the 42 functions and values of the critical area. . " " _ y lines of a site as that term is 4.3 Site area means the total horizontal area within the bo zndar 44 defined in PTMC 19.05,020. Where utility -g private access easements_are located upon a site 45 site area computation shall include that area contained within the easement., Where public street 46 ri Alts-of-wa are located within or bordering a site site area computation shall not. include that Ordinance 3198 Exhibit A Page 13 of 79 1 area contained within such rights—of—way.; 2 "Slope" means an inclined ground surface, the inclination of which is expressed as a ratio 3 (percentage) of vertical distance to horizontal distance by the following formula: 4 (vertical distance/horizontal distance) x 100 = % slope 5 "S';1 e aspect" means the coni ass direction that a slope feces. 6 "Sp�ecia�oc) hazard area" or "SF1IA" meaps these areas subject to incindation by the base 7 flood. Special flood hazard areas are designated on flood insurance rate maps with the letters "A" 8 or" V." The special flood lurzard area is also referred to as the area off"sei l Food hazar-d or - 9 SFHA. 10 11 "Species of local significance" means those species that are of local concern due to their 12 population status or their sensitivity to habitat manipulation or that are game species. 13 1 1 14 ­foltwIng ehafaete 15�l o - 4 16 -lids. 4 u 17 ove lying a mat+'ve1y-m3p+ #+Realt)le--,,edit1Refft-or-l edti", .a1 g or � 18 atef-9 . 19 "Stormwater Management Manual" means the storm rater z na�nent manual adopt wd b ryhe 20 l .ily�l ; at %l l e l 'tor 1° nagement. "l-f'or-Western Washington 21 (SWM -WW— 5)). 22 23 "Swale" means a shallow., open drainage conveyance facility with relatively gentle side slopes, 24 and generally flow depths of less than one foot. 25 "Threatened species" means any species which is likely to become an endangered species within 26 the foreseeable future throughout all or a significant portion of its range. 27 "Top of Slope" and "Toe of Slope". - 28 1. The "top of slope" is a distinct, topographical break in slope that separates slopes 29 inclined at less than 40 percent from slopes 40 percent or steeper. When no 30 distinct break exists, the top of slope is the uppermost limits of the area where the 31 ground surface drops 10 feet or more vertically within a horizontal distance of 25 32 feet. 33 2. The "toe of slope" is a distinct topographical break in slope that separates slopes 34 inclined at less than 40 percent from slopes 40 percent or steeper. When no 35 distinct break exists, the toe of slope of a steep slope is the lowermost limit of the 36 area where the ground surface drops 10 feet or more vertically within a horizontal 37 distance of 25 feet. Ordinance 3198 Exhibit A Page 14 of 79 TOP OF SLOPE GREATER THAN 40% 10'MINTOE OF SLOPE LESS THAN 40% ............................. _ - ........ 25' U 1 2 "Water-depen ent uses" shall be as defined in the City's Shoreline Master Program as currently 3 adopted or hereinalter amended. 4 5 "Wetland cGlassification". For the purposes of general inventory, wetlands are defined by the 6 criteria dein the approved federal wetland delineation manual and a ilicable regional 7 i G r a(as dkgy 8 put 011mrd,. 9 W+etla .lands''ti_e �ti��wet 10 alp1tatl' ��t3r�ef w'astwat3r�--tde'atd 11age a� 4u.de pwtma ent taoilities, sueh as. a tert-rntion 12 pon&*"fas - ,e : 13 "Wetland or wetlands" means those areas that are inundated or saturated by ground or surface 14 water at a frequency and duration sufficient to support, and that under normal circumstances do 15 support, a prevalence of vegetation typically adapted for life in saturated soil conditions. 16 Wetlands generally include bogs, swamps, marshes, ponds and similar areas. Wetlands do not 17 include those artificial wetlands intentionally created from nonwetland sites, including, but not 18 limited to, irrigation and drainage ditches, grass -lined swales, canals, detention facilities, 19 wastewater treatment facilities, farm ponds and landscape amenities, or those wetlands created 20 after July 1, 1990, that were unintentionally created as a result of construction of a road, street or 21 highway. Wetlands may include those artificial wetlands intentionally created from nonwetland 22 areas created to mittante o version of wetlands compensate i ,—nc4ut-1i.ftg 23wefi­1t (RCW 36.70A.030(218)). 24 "Wetland edge" means the boundary of a wetland as delineated based on the definitions 25 contained in the approved federal wetland delineation manual and a plicable regional x�tial �"I.26 si , o 27 kati a 1 9 ;-9 ;ted 3 -MY). 28 "Wetland hydrology" means the characteristics of water movement on, over and through a 29 wetland system; the science dealing with the properties, distribution, and circulation of water 30 through a wetland. 31 Wetlands, Isolated. "Isolated wetlands" means wetlands that meet the following criteria: 32 1. Are outside of and not contiguous to any 100 -year floodplain of a lake, river, or 33 stream; and 34 2. Have no contiguous hydric soil or hydrophytic vegetation between the wetland Ordinance 3198 Exhibit A Page 15 of 79 1 and any surface water; and 2 3. Have no surface water connection to lake, stream, estuary or marine water body. 3 "Wetland I e rating for a wetland is as defined in the Washington State 4 Wetlands Rating System fEor Western Washington (20014): or as revised by Ecolo els, div , r- 6 ,; 7 2-. --A:1gar-y-41--ll, °-khat aregrt� _ ,00 carte 9 2g� l ; 20 y � 34 . 10 11 19.05.030 General provisions - Interpretations, fipp1• 'liter relationship to other 12 regulations�f�l ,sh"menta prose administrative rules and 13 maps. 1.4 Ihii...e�ta` v111ieltrthapetall i+moi 15 A. Greater Restrictions. When any pfevW". "tither development 16re ��r� lat on of this code conflicts with this chapter, tha -the ehapt -that 17 provides grey atr ire protection to critical areas shall apply. if two or 111ore critical areas 18 are on the same site -the rc_q uirements that provide more protection to each ofYthe critical 19 ares sh ll. y Any easements, covenants or deed restrictions to which the eiv)-City is 20 a party, which contain provisions more restrictive than this chapter, sha4-may be 21 enforced by the eity-City unless such easements, covenants or deed restrictions are 2.2 specifically modified by the e y -C_ ity ( otmcx�ilCouncil. 3 24 B. Interpretation. The provisions of this chapter shall be held to be minimum requirements 25 in their interpretation and application and shall be liberally construed to serve the 26 purposes of this chapter. The Washington State Environmental Policy Act and the 2.'7 regulations of other state and federal governmental agencies may supplement these 28 requirements. 29 30 C. Relationship to Other Regulations. 31 1. Coni liw ce with the provisions of' this C'ha ter (foes not constitute com pliance with other 32 federal state and local regulations and permit requirements tliat ma be�(,c�uired e( .g...., . 33 Shoreline Permits Hydraulic Permit Approval, Section 404 pennits, eta.)_ "lml icanl 34 is responsible for complying with all licable requirements. 35 36 D2. State Environmental Policy Act (SEPA) ff.j�ppj LcabjL,These critical areas regulations 37 shall apply in additt'i�� on toeottly- with review conducted under the State 38 Environmental Policy Act (SEPA), as locally adopted. The SEPA review and threshold 39 determination shall refer to.lb"a pltcability of tflis Chapter and any associated s ccial 40 n3pi-ts haat r a cut ec . times rt* Lire ., an'. It " 41 it l " - w and -t ° 1" = tom Subsequent approval of a, 42 critical areas permit shall incorporate SEPA mitigation measures as a condition of 43 gproval. 44 45 Q. Shoreline Management Act (SMA). The eiW's-C C;° sliorelinc-Shoreline master -Master 46 pKW.at Pro )rain (SMP) has been updated consistent with the state guidelines, and the Ordinance 3198 Exhibit A Page 16 of 79 1 Department of Ecology (DOE) has a ed-qp rtp dyed the SMP. The SMP incorporates 2 the er-ifiEa4 Critical areas -Areas ew4° R Ordin nce CAO) as adopted by Ordinance No. 3 2929, September 15, 2006, by reference (Chapter 6 of the SMP). The standards contained 4 in this chapter apply equally to critical areas contained within shorelines jurisdiction. In 5 processing shoreline sul stagy t" y p permits_ Linc tcLigg shgrc ine Substantial 6 development permit exemption involving critical areas, a review of the project's 7 compliance with the critical areas regulations is incorporated into the findings and 8 conclusions of the shoreline pest-decisioiiewith detailed analysis either in the shoreline 9 permit/cxe�r�tl itself or in the associated SEPA document, where applicable. A 10 separate critical areas permit is not required. 11 12 FD. Administrative Rules/Procedures Manual. The difeetefDirector- is authorized to 13 adopt such administrative rules and regulations as necessary and appropriate to 14 iinviemeiit this Chapter and to prepare and require the use of such forms as necessaryfo 15 is ad�r'a:inista ttigmrm la-m�l°l l ill �m� a 16 pry l r' ..° r the~l�rl aw x €�'r i� out4he--pa vwiaie is ,thi ate r . 17 18 GE. City Inventory of Critical Areas. 19 1. The approximate location and extent of critical areas will be displayed on various 20 inventory maps available at the eityCity DSD;.. maps w -1I beimpdam'Led -as 21 ifements owtl 22 agemftt, 23 2. Maps and inventory lists are not complete and are to be considered only as guides to the 24 general location and extent of critical areas. Maps will be used for a preliminary 25 determination to suggest the presence or absence of a critical area. However, where 26 additional properties containing features meeting the definitions of critical areas 27 contained in this chapter are identified by the e-ityCity, properties containing such critical 28 areas shall be subjected to the requirements of this chapter. Where mapped areas are 29 confirmed through an advance determination under this chapter or through site visits and 30 analysis of other available data as part of a permit application to not actually contain 31 critical areas, the provisions of this chapter shall not apply. (Ord. 3062 § 4, 2011; Ord. 32 2899 § 1, 2005; Ord. 2892 § 1, 2005; Ord. 2688 § 2, 1999; Ord. 2535 § 2, 1996; Ord. 33 2319 § 1, 1992). 34 35 19.05.040 Critical area permit requirements — Applicability, m ptionse em ption , 36 allowed activities nonconforming structures, application requirements, special reports, 37 and advance determinations. 38 su"......... .°tom pimp" ` ' tr amep wl 39 mtlsi�tha�m€i�m ° T m�mlr- 40 4iree4,w r m tl anens l it tc si Wiea m tai r pa1 41 0-0--,%i 42 AAvlc 43 1. All development proposals, alterations or activities structures and facilities located 44 within the maximum buffer distamice for each critical area type, shall comply with the 45 provisions of this Chapter whether or not a permit or authorization is required, No person, 46 omaily, vale nc or licant shall alter a critical area or buffer except as consistent with the Ordinance 3198 Exhibit A Page 17 of 79 1 puM ses and requirements, of this chapter. 2 2, The City shall not approve any oermit or otherwise JSSUe any authorization to alter the 3 condition of any land, water, or vegetation or to construct or alter any structure or 4improvement without first assurin com liance with the re uirements of this chapter. MT -6--, exemp, 6 A Vt-j0pMen+,pf0p0S y "hall undeftake We 7 —It— Zt, XMI lot NN4t 8 Va.id fwPa4-frarn 'he eity;L stte4-pA4r-,s-ua*t to4h"R-wision,,-af4his-e-hapter-. 10 EB. Exemptions. To be exempt_from this chapter does not give permission to degrade a 11 critical area or._j&,qqrq_jjjc risk fi-oin natural hazards, nor does it grant approval or authorization 12 'for any work to be done in any manner which niyviolate an 'federal, state or city laws., n _A__y 13 incidental damage to, or alteration of, as critical area that is not a necessaLy OLItcome of the 14 c c Med activity shall be mitiga qed at the responsible arty s expense, 15 16 1. Exempt Activities: "I'he l'ollowin activities shall befqljXmmginp r.qtjj.critical areas 17 review, and not subject to the provisions of this chapter: 18 a. Ern grgencies: Alterations in resnonce to emergencies which threaten the publi 19 liealthsafbt and, welf"are, or which pose an irnminent risk of damage to private 20 property as long as any alteration undertaken pursuant to this subsection is reported to 21 the City no later than 30 days after the alteration. Only the minimum intervention 22 necessary to reduce the risk to public health, safety, or welfare and/or the imminent 23 risk of damage to pfi1vqte_pKoperty shall be authorized by this exemption. The City 24 shall confirin that an enicrggM gsj. sts and determine what _additional 25 gpplications and/or measures shall be required of the ro erty owner to protect the 26 critical area consistent with the provisions of this chapter, and to repair any damagg, to 27 a.preexistinsa resource, If the Director determines that the action taken, or any part of 28 the action taken, was beyond the scope of an allowed emergency action, then 29 enfiorcement provisions of PTMC 19.05.120 Violations and Penqlfie shall aRI)L 30 After the emergency, the person or agency undertaking the action shall fully fund and fully„ . .... . 31 conduct necessary restoration and other mitigation for any inip gts tat tjIC critical area 32 and buffers resulting from the emergency action in accordance with an qpprove 33 critical area report and restoration/mitigation plan. The person or agency undetlakin 34 the action shall av for after- the- fact review and pay_applicable fces; and the 35 alteraaflon, critical area report, and mitigation plan shall be reviewed by the City in 36 accordance with the review procedures contained herein. Mitigation as must be 37 initiated within one near of the date of the emergency. 38 39 b. Existing Itural 40 12urnqs eLQ (2L . .... or morcon e secutive years front the datc of the adoption of the L _.—'- 41 ordinance codified in this chapter it is no loner qqnsideped 42 43 C. Allowed Activities. The activities listed in C1 ftouh C17 of this subsection ma occur g_ 44 within critical areas or reguired buffers if the Director determines that the L)ML)qsed Liqtivjt_y 45 will not impact the critical area in a manner contrary to the goals, purposes, objectives and 46 Leguirements of this chapter and no purpose established under this chi ter would be Ordinance 3198 Exhibit A Page 18 of 79 1 furthered by requiring a_Oatate critical areas Permit. Allowed activities are not excM 2 from other anolicable development regulations and standards including but not limited to Ilia 3 C Lity 'n inec ip Desiori -514ndards. If the Director determines that the activity needs to be 4 limited or conditioned to ensure impacts do not occur, the Director mayapply conditions to 5 the underIving permit or require a minor critical area permit.pqrsuantto subsection D of this 6 sectiogjin a(Ld Ltj qn, tk L i rector may reguire the owner to enter into a restrictive covenant 7 acknowledging the presence of a critical area and/or its buffer and restricting future activities 8 on the property; 10J -T fr*1 — VVIA15 ��V�x 110 11 adinini. Provi led howte�W�Avwef tl ai4 subseetknis *2)4h+u I Yo his sen t 12 ubsee jBaa" hfolu %of this seelion-4he aetivitieshat ! . m._ ...... . . .... 13tl A-11 V it Mlot-exM4 the-A�-W7 -A o�tsk-at-with 14 " 'r+U nianagernen")fae+iee� 15 16 Al grant approva -a-efi4i 17 On oirt e a a, f e I o authorization for an fie, to be ' 7 18 one -yrkila", a, 19 fleeessafy WAICH 20 —11an, -epairs.w ter -,-sewer-, 21 22 ..one tA of thetk 23 24 21. Modification to existing structures. Structural modifications (A. addition to., or 25 Egplacernent of an existing legal nonconfornling structure LRemodeling; 26 anA 27 As Or *I'; . ..... i ehapAer-, provided, that such activity does not increase the 28 potential impact to a critical area or its buffer. Within landslide hazard areas 29 niodill cations involving invasive fOLIndationjv Ir e. Aiggin new 1"botin IS ........... . —9---91 30 drillim-Y, driving Pilings) or additions that add height to a nonconforin n&..§jrqcture L ........ ......... .. .... - 31 require a critical area Permit and are only allowed with review of a special report 32 dernonstrati(nig-drat no increased risk of the hazard will occur. Restoration of 33 structures substantially damaged by fire, flood, or act of nature must be initiated 34 within one year of"the date Of'SUch damage, as evidenced by the submittal of a 35 valid building permit. Structural repair shall be complete within two years after 36 the damage is jncqqrejc. ,'.'am <jIso PTMC 17.88.03ft 37 38 2. Operations, maintenance or rep ajr.() L gj!ion., maintenance orf existing 39 structures, and infrastructure improvements Ewnling'.1-00fing), Septic 40 tank cleaning, re air of individual utility service connections consistent with best 41 management 'practices if the activity neither 42 i. increases risk to life or property; or 43 Ji. further impacts critical areas or required buffers. 44 45 3. Pre vjous.]Y-npm-Yewcl An application for a building permit for -on a lot within a 46 development for which a tile City has Previously issued a land use permit Ordinance 3198 Exhibit A Page 19 of 79 1row . "l`he r gar pe°rrrrifi or ap Koval leas riot e fired or ift o e pitatioti clate no inose 4 than five years have la sed since the issuance of that permit orapproval; and 5 b. There is no material change in the development proposal or site conditions" and 6 c. There is no new information available that would alter the previous critical area 7 review; and d. The Director determines the previous review ade uat a "seed-lY 10 Vffws-aevaluated facts to critical areas 11 and if needed 41 t r ed in4h --1 t 12 provided aeclute miff 7giorx; and 13 e. pr-ov liAber„ flat-tThe proposed development adheres to the permit 14 conditions. tch.s doa st�i ,may l 1S ao� thy" muirntre 1.6 studies. 1.7' 18 4. a itijidlOF FAO yc 15r t. ,°1 adop�ti:�Hinane f - " anee 20 3� � � s 'r "A r` 1 3 i ��4 i IUM1: 21. 22 5. Activities within thepedrt ai6 prt a cio 2' installation or conequipment, or 24 appurtenances, not including substations when such facilities are located within the 25 im Moved nortion of the public right-of-way or a City authorized private roadway 2.6 except those activities that alter a wetland or water course such as culverts or bridges 27 oror�esult in thet °apse t of sediment or increased stormwater. Retention and 28 replanting of native vegetation shall occur wherever possible along the right -of :3ya 29 improvement and resulting disturbance,nofe*k-- t 0 a +eds-and--as%, —+Aa't l f d a i 5 fi` l C a rccscx 1 W- " l-° 7__4-1 000-) a 440, 1 t ec s a tic des t t-ir 2 signi'' rpt expa, telt 33 34 ite*m`-rodMftweeflni of -e ng ef neer , t S easemerA. 36 7 -76. Minor qjjjjy_pjqj ecus, Ordinary maintenance and r laeemeff�re air of electric, 8 natural gas, cable communications and telephone lines and facilities. Substantial 39 " Reptacement of an entire line segment with similar facilities shall 40 be exempted wherc the Director determines the replacement would not 41 significantly impact the fi:nction or valraes of critical areas , wh a ttina42devl �eu-.c ear woo l 4 itis-verifdlaat d rlcslyfrep-ef stmt yin 44 ply€ etla sirrwla--feiliti 45 46 87. .,ands min . Routine landscape maintenance of existing landscaped areas, Ordinance 3198 Exhibit A Page 20 of 79 1 including selective pruning of trees and shrubs for safety and view protection, 2 weeding, and planting, provided natural drainage patterns and topography are not 3 altered. This does not include clearing or grading in order to develop or expand 4 such activities in critical areas nor alteration of areas designated for retention as a 5 condition of permit approval. Use of pesticides and herbicides is discouraged. 6 Inappropriate use of pesticides and herbicides that result in adverse irn acts to 7 critical areas may be sub"ect to enfiorcement action per PTMC Chapter 1.20 9 98. Preliminary mapping, survey work and subsurface exploration that result in 10 insignificant disturbance of vegetation and soil. 11 12 4-99.Land clearing ordered by the diAM)irector for abatement of a public nuisance, 13 14 4410. Removal of trash, andlor abandoned vehiclesn xi ttg w d-,,e�1. dkey-tli 15 that result in insignificant disturbance of vc gigig 16 and soil 7 pfevided, 17 18 4-211.Minor conservation and enhancement of critical areas that does not alter the 19 location dimensions or size of the critical area or buffer, and results in 20 ira rr v rlac rt o t 1ITe gKiticr11 area functions and yalues, inc:.ludiz h tcalllo 21 removal activities: 22 aa.. Removal of noxious weeds or invasive species as identilledby tile Mate is 23 allowed when: 24 i. Activities are undertaken with hand labor includinghand-held mechanical ww 25 tools with no soil disturbgnc�h n_Rr ser rb�.d bm the Jefferson County 26 Noxious Weed Control Board herbicides or biological control methods in 27 be allowed and in areas outside of landslide hazardous areas and their 28 associated buffers the use of riding inowers light mechanical cultivation 29 cari ment rraa allowed, 30 ii. plants tjj, t swear ori the State noxious weed „list must be handled and 31 disposed of in accordance with the best management practices a ro riate to 32 that species, 33 iii. Areas cleared by removal of noxious and/or invasive plant species must be 34 rev getated with site- onronriate native species at natural densities and the 35 site must be stabilized against erosion in accordance with the Cit, 36 1:n -inrine Design Standards, 37 vi. All work is performed above the ordinary high-water mark and a Land of 38 wetlands; and 39 v. The following limits are not exceeded: _ 40 • _ Conservation/enhancement lans carried out by a envies with 41 jurisdiction where no more thanIT3 !00- s&care feet of soil may 42 be exposed at any one time,• or 43 + Not more than 50O s arare feet of soil may exposed at any 44 one tinge as calculated curnulatively, over one year, without a 45 hermit and critical area r°e port prepared l?y � galified Ordinance 3198 Exhibit A Page 21 of 79 1 consultant; car 2 paft- o s� ie ..' d -t r 1 is . i ry wwNr.nnM my r� iw yrs .�,�.4esiNv ey r. w", ,. ,� n'.tel .:7 '���J'�.'R-"I'rY"GY`cs'Ti'C'CKF JicGy 4 12. Vegetation management consistent with a reviousla roved critical area 6 mitigation, restoration, remediation, or enhancement plan that requires 7 on -wine maintenance and ve dation management beyond final ins . ection and; 8 the required monitorina for the ermitted promo ect; X13., Removal of dead or diseased trees and vegetation within 50 feet of a permitted 10 structure; provided, that the applicant receives permission from the Department of 1.1. Fish and Wildlife for removal of vegetation used for nesting and/or roosting by a 12 priority species. 13 14 14. Maintenance ofexisting, city, count ' or, Washington State Parks trails located in 15 accordance with an adopted planprovided, that maintenance is conducted in 1.6 accordance with approved standards and does not involve expansion or fill in a 17 wetland. 18 19 4 -415. -Development and construction activities located outside a critical area; and 20 which is proposed to occur at a distance which is sub , ly-gfeater-4lian4he 21 appheable e ual to or greater than the maximum buffers and setbacks required under 2.2 the provisions of this chapter; provided, that the dir-eeterDirector determines the 23 s eci l ici tv of a s ecial re ort is not required and finds -that no useful purpose would 24 be served by the requirement to obtain a critical areas permitwAn-he as -° a d: 2 2.6 16. Activities located in proximily to an eagle nest or roost provided that the 27 permittee shall strictly observe the :guidance and requirements of the U.S. Fish and 28 Wildlife Service's National Bald l a gle Marla gement Guidelines (Mav 2007 or as 29 hereafter amended) and, if required the ermittee's USFWS Bald Eagle hermit, 30 31 17. Activities located in proximity to a heron nestprovided activities are completed 32 in the non -breeding season October I january 3l and no significant vegetation 33 removed from within, the WDFW recommended !ear -round buffer. 34 35 DE. Allowed. Activities aiversfor SDeci c Critical Areas _.. Specific Performance Standards 36 Apply. 37 For eritiea development proposals and activities which contain only aquifer 38 recharge areas, frequently flooded areas/critical drainage corridors or seismic hazard 39 areas, the director may waive issue-a-c—A'y :e i h l � cenTl nc 40 w4h the application requirements and delineations requirements of this section and 41 compliance with the Getieral P'performance 4 :an4'uR'4-sStapdaY-ds for development 42 contained in PTMC 19.05.060. The dir-eeterDirector must be satisfied that the 3 performance standards provided for in the individual critical area regulations for a 44 specific environmental category are met and no purpose established under this chapter 45 would be furthered by requiring compliance with application requirements or the 46 performance standards for development. Ordinance 3198 Exhibit A Page 22 of 79 1 BDE. Minor Critical Area Permits (Type I -A). 2 1. Minor Critical Area Permits. Notwithstanding any other provision of this chapter, the 3 DSD d4ft4wDircctor may, subject to making the findings set forth below, issue a 4 minor critical area permit, with conditions or limitations as determined by the 5 diet Di�ecto . Minor critical area permits may be granted only where the ( Director rakes lhe-follow" +ri. Cinc : 7 a. I:"he aimlicant has vrovided a report from a qualified consultant wherein the g consultant has established a buffer that protects critical areas functions and values and the proposed activit hies outside of the buffer and any applicable setbacks. 10 Proposals requesting reduced buffers or buffer averain re ire a T e II critical 1.1 areas permit or 12 b. The proposed activity is minor in nature (such as utility crossings, development or 13 remodel of 250 square feet or less when no alteration of the critical area will 14 occur, or minimal new landscaping) or creates only temporary impacts, and will 1.5 have no off-site impacts; ardor 1.6 cb. The proposed activity is to be conducted in an isolated, self-contained area where 1.7 there is no danger to private or public property and minimal impact to the 18 environment; or 19 de. The proposed activity is a critical areas restoration or enhancement project not 20 otherwise required for mitigation of project impacts; or 21 ed. The proposed activity involves the relocation of electric facilities, lines, 22 equipment or appurtenances, not including substations, with an associated voltage 2.3 of 55,000 volts or less; or 24 fe. The proposed activity involves the relocation or installation of natural gas, cable 25 communication, gas and telephone facilities, lines, pipes, mains, equipment or 26 appurtenances; provided, the utility involves a conduit of two inches or less, a 27 trench of two feet in width or less, and a construction corridor of erten feet or 28 less. WE 30 2. Minor critical area permits shall be conditioned to ensure that impacts to the critical 31 area do not occur, and all activities conducted under the minor critical area permit 32 shall co pl !I therad oy%�jops of t 35 ( gpter and also be carried out in a manner 33 consistent with all laws and ordinances of the eit-y-City of Port Townsend, inekid"i 34 bait-oot-1-im d Io a-pter 5, Clearing „•;n.,.,� , . 1 R.rosion Clen4W-44he 35 Iii, -r 4iig._l e i nStan Menu rl wl ' pl � Irl" P o 36 � ef o4on.-and-sedimentation, 38 3_Minor critical area permits shall be processed as Type IA permits anbe 39 awompanied by 4 e tl n- ' per --2 r-efaI-tea-pem-ils ., ,1 40 are et... of l 41IIS Lon4,ri�ettrsnrc� at 'ttr tore�nen�itonee 42 date flie and tlt�t-tom 43 sel. of I-tiffieris ol=this-el ap�tor aoy o pitied l e d r 44 45 46 Ordinance 3198 Exhibit A Page 23 of 79 1 F. Application Requirements and Delineations. 2 1. Allamert�' p e-% e r mil -bis i 4 ehapter.Where either the applicant indicates a critical area/critical areas buffer is present, 5 the area is mapped as a critical area/critical areas buffer, or the di+eotofDirector has a 6 reasonable belief that a critical area/critical areas buffer is located on the site, the below- " listed requirements apply to the application. These requirements shall not apply if the applicant conclusively demonstrates to the satisfaction of the difeetAfDirector that critical areas or buffers are not actually located on-site. W , 10 M , thi��itieal are 1 that deter aatit 3� led 1..1 Winder tl e pr %, . 5 l N C a� w, 12vmi , ,-erequ+sl4oadvance d e 13 . absenee ex i -tie . as-and-thei t-il 1.4 1� t- 4th -- w + "We -tl 15 pr �;izn: ubse � ' t ee i re n s � Dt erwise lir the applicant must identify and document critical areas and their required buffers on a site 17 LISiM. T41ey-i-t-tetechnical reports and surveys, temporary field marking, and 18 delineating critical areas on site plans and/ori ubdi,%4sa ns reli inary . 19 The following is an outline of the steps required by the applicant in the critical area permit 20 process. These steps supplement and augment the development permit application process 21 set forth in the Land Development Administrative Procedures, Chapter 20.01 PTMC. 22 a. Staff Site Visit. If there is reason to believe a development project may involve a critical 23 area/critical area buffer, a member of the eit-yCity DSD staff may visit the site to 24 establish the probable existence or absence of a critical area/critical area buffer. 25 b. Preapplication Consultation. Consistent with, Ch4ptcr 20.01 PTMC, aAny person 26 intending to apply for a critical areas permit is required to meet with the DSD staff 27' during the earliest possible stages of project planning in order to discuss impact 28 avoidance, minimization or compensation before large commitments have been made to 29 a particular project design. Th ' , • ,.ha4-pot-ac e 11 wi 30 .. plied l a e1att�cf arm a `4 �� 31lacti�ai 32 and. .0H0H i 194e-mI ily.... a�:e „ii 0 square f e 33 It, Type I A de.,aig+i-review, 34 i -ii It,ypeI a e ll 35 NewBeat" jee tai pP111106 36 nt aitl�iea-witltle rremen t �r44:(+senHc 37 uniei iwAof4o-pr-(' e-ap a*twi?tl .lnmel -i a 3 e . s -wed --upon i ppl�"s r li � t , ° „ . 30 The di-rvek-w rector may waive this preapplication conference requirement if an 40 applicant demonstrates, to the direetorDirector's satisfaction, experience with the 41 requirements of the PTMC requirements and process that would render the 2 preapplication conference unnecessary. 43 c. Prepare a site inventory and survey with five-foot contours, showing all existing 44 natural and built features. The site survey is to be used as a base for the site 5 construction plan. The survey requirement may be waived or modified by the 46 direeterDirector due to a determination that site factors do not require the specificity of Ordinance 3198 Exhibit A Page 24 of 79 I asurvey. 2 d. Provide a site construction plan delineating critical areas, their required buffer area, and significant vegetation (e.g., trees with a six-inch diameter at breast height). Unless the 4 dir-eeterDirector waives one or more of the following information requirements, a site 5 construction plan shall include: 6 i. On four lots or less, a plan description and maps at a scale no smaller than one inch 7 equals 20 feet. On more than four lots, plan description and maps shall be no smaller than one inch equals 50 feet. In each case the plan description maps shall 9 show the entire parcel of land owned by the applicant and the certified survey 10 boundary of the critical area on the parcel. (In the case of wetlands, this will require 11 a delineation by a qualified consultant prior to the site survey_); 12 ii. A description of the vegetative cover of the critical area and adjacent area 13 including significant species and native vegetation; 14 iii. A site plan for the proposed development showing the location, width, depth and 15 length of all existing and proposed disturbed areas, structures, roads, stormwater 16 treatment and installations for the whole site, including those proposed to be located 17 within the critical area and its buffer; utility locations and clearing and trenching 18 locations should be identified along with the location of any existing utilities to be .9 connected to the site; 20 iv. The exact location and specifications for all development activities including 21 delineation of all disturbed areas, the amounts of filling and grading and methods of 2.2. construction; 23 v. Elevations of the site and adjacent lots within the critical area and its buffer at 24 contour intervals of five feet; 25 vi. Top view and typical cross-section views of the critical area and its buffer to the 2.6 same scale as required in subsection (L-F)(1)(d)(i) of this section; 27 vii. Specific means proposed to mitigate any potential adverse environmental impact of 28 the applicant's proposal. 29 e. Special Forts. if a critical area/critical areas buffer is confirmed to exist on the site, 30 an applicant may be required to provide a critical area special report prepared by a 1 qualified critical area consultant. Speoia - JR -A 0 0A � 2 33 L contents: Special reports shall Iidentify and characterize any critical area/buffer as 4 a part of the larger development proposal site, assess any hazards to the proposed 5 development, assess impacts of the development proposal on any critical 36 areas/buffer on, or adjacent to, or adversely affected by proposed activities on the 7 development proposal site, and assess the impacts of any alteration proposed for a 38 critical area/buffer. 9 40 iSur�t �11aKe standards for best available science. 4 u ep may -differ, depewlingont e4y 42 +rte +ea-a-slieei p el- c . . 4 44 iii. Special ecial re . or is for two or nnore types, of critical areas MUSt niect the report ort 45 reggireniepts Ior eacli type: of"critical arca. 46 Ordinance 3198 Exhibit A Page 25 of 79 1 i ice. 1 11 S i reports shall be determined to be complete by the 2 d -i ectotDirector, and (s)he may request more information as needed in order to 3 protect the public and environment, and to ensure that the development is 4 compatible with the land. 5 ii -i -.v. The specific requirements of sueh_spe l l reports shall be identified at the 6 preapplication consultation and may be required to be supplemented at the discretion 7 of the direeto Director. 8 vi. The Director ata limit the rc uired neo gra hic area of t ie s ecial re ort as 9 appropriate if: 10 a The applicant, with assistance_ from the City, cannot obtain permission to 11 access properties under separate t w erslai as or 12 a)h "1"lie pr9.pqsed activity will affect only a limited p�jrt _oftbe s bhp t Atew 13 14ii Jecial reports valid. Unless conditions have substantially changed. special 15 reports shall be ccinsiderect valid for five caws afar r sucli date the Citv shall 16 determine whether a revision or additional assessment is necessary, 17 f. Stormwater management plan pursuant to PTMC 19.05.060(D)(5). 18 g. A site mitigation plan pursuant to PTMC 19.05.060(D)(6). 19 h. Waivers of Special Reports. The direeto*-Director may waive the requirement for a 20 special report if there is substantial evidence showing that all the following are present: 21 i. There will be no alteration of the critical areas or required buffer; and 22 ii. The proposed development will not impact the critical area in a manner contrary to 23 the goals, purposes, objectives and requirements of this chapter; and 24 iii. The minimum standards required by this chapter are met. 25 i. Exceptions to Special Reports. No special report is required for the following 26 development proposals: 27 i. Any development or remodel of a structure or improvements when no alteration of 28 the critical area will occur a ; except, any associated 29 construction for additional parking or impervious surface greater than 250 square 30 feet in the aggregate will require a special report. 31 ii. At the discretion of the Director, re orts previously compiled or submitted as art of 32 a nrovosal for developmL Lnt.LijsrYlie used as a critical areas report to the extent that 33 there uirements of"thiific critical 34 arca are met. Unless conditions have substantially chan led m o its shall be 35 considered valid for dive ears atter such date the Cit shall determine whether a 36 revision or additional assessment is pgK�e star , g 11 pl mental critical areas re cis 37 rri jIc r aiirt d to �actdress chaai es to the ca gt s 9M. qnd potential impacts or t 38 address clian aes to annficable re glations. A-Fesideaittttal�" 39 wli l-t-t-a-pr�4 . rt ppfoN k , iat4l-ie--p to m 40 rept ' w, a wd-w—Mi l id adequately 41 idrt i f akd tki paei eaa ieiitiipnieit paio w 42 import ab .f-ttiem-L-,x4-,s � afs kxo U% res • 43 ffr The direeto Director shall make such field 44 investigations as are necessary to determine if the criteria for an exception are 45 satisfied. 46 j. Field marking is required for all development proposals. Ordinance 3198 Exhibit A Page 26 of 79 1. i. Prior to the preconstruction meeting, the applicant shall mark the following on the 2 site to reflect the proposed site construction plan: the location of the building 3 footprint, critical area(s) boundaries, the outer extent of required critical area buffers, 4 areas to remain undisturbed, and trees and vegetation to be removed; ii. Obtain the d rDirector's approval on the field markings before beginning any permitted activities. Field markings are intended to prevent disturbance of critical 7 areas and buffers and may include such items as temporary fences. Detailed 8 requirements may be specified in the procedures manual prepared by the DSD; 9 iii. Maintain the field markings for critical area(s) and areas to remain undisturbed 10 throughout the duration of the permit. 1.1 k. A preconstruction meeting at the development site is required for all projects. 1.2 i. The meeting is to be attended by the applicant (or applicant's agent) and e-4yCity .3 staff, to review specific project details and methods of construction. Subcontractors 14 such as those conducting grading or excavation work may also be required to attend 15 the meeting. Applicants are encouraged, but not required, to allow attendance by 16 interested citizens. 17 ii. No construction activity, including land clearing or grading, shall be permitted until 18 the information required by the appropriate critical area section is reviewed and 1.9 approved by the diftelopDirector. 20 1 ;Ferifieal- reia 21 aquillerareafq byc� ar r li 22 area,; the me e -a epi aa -wawef, Wig. 2.3 1- theppliatie reuire�mta1 dIS 24 26 t •frn pw-Wed 2.7 for M Wea 28wa�to�rl no ptrpslisl er 2.9this llapt i °p4afee w'4 30 appiiti�rrr�r��i�retad�= 31 d r 32 2. Advance Determination. 33 Advanced Determinations shall be made in accordance with the T pe I„ -A process in 34 Chapter 20.01 P 1„M „ 35 A. A property owner or person with consent of the property owners may request an 36 advance determination regarding the presence or absence of critical areas on a 37 particular parcel outside of the normal permitting process. A request may be made 38 upon payment to the development services department of the initial filing fee. The 39 advance determination shall be based upon existing conditions at a particular site 40 and shall be I ,° � n ” ` n4he-proper 41 for a�period . of 42 rive Years from the elate of the special report. Should the difeetor-Di rector be 43 unable to make a conclusive determination from a site visit and review of available 44 information, the applicant may be requested to provide, at the applicant's expense, 45 additional information, reports or studies similar to those identified in subsection 4 (EF)(1) of this section to allow a conclusive determination to be made. Ordinance 3198 Exhibit A Page 27 of 79 2 B. The Direcipr tRqy grant an extension for up to two years upon written request by 3 the original owner or the successor in title. Re uests shall be filed in writinawith 4 the DSD Director at least 90 days prior to the expiration of the approval 12eriod. 5 An c-xtensiqn_maw _bg granted oniv where the Director determines that there have 6 been no changes in either the site conditions or applicable delineation methods. 7 8 9 paFeel ei 10 th'e4ype Pfoee' i�Wtef an-, a peako4hre 11 (Ord. 3062 §§ 4, 5, 7, 2011; Ord. 3026 § I (Exh. A-6 § 9), 12 2010; Ord. 2999 § I Exh. A, 2009; Ord. 2929 Exh. A § 4, 2006; Ord. 2899 § 1, 13 2005; Ord. 2892 § 1, 2005; Ord. 2688 § 3, 1999; Ord. 2535 § 3, 1996; Ord. 2319 § 14 1, 1992). 15 16 19.05.050 Critical area permit administration - Permit processing, public notice, 17fe"onuMe-use-exceptions, appeals, fees, and n-otic*4o4iflecovenants. 18 This section contains the procedures that the eityCity will use in processing a critical area 19 permits, as supplemented by Chapter 20.01 PTMC. This process includes a feasionable use 20 set-AKcel) imx tions that may be used by an applicant to lessen the development standards due to 21 unique site characteristics which would make strict application of the standards unreasonable. 22 Means to appeal administrative decisions are also included. 23 A. Review of Critical Areas Permits and Report. 24 1. The diiw-tarDirector, as part of the review process, shall verify information 25 submitted by the applicant to: 26 a. Confirm the nature and type of the critical areas and evaluate the special 27 critical areas report; 28 b. Determine whether the development proposal is consistent with the 29 performance standards contained in this chapter; 30 c. Determine whether any proposed alterations to critical areas are necessary; 31 d. Determine if the mitigation plans and bonding measures proposed by the 32 applicant are sufficient to protect the public health, safety and welfare, and 33 are consistent with the purposes, objectives and requirements of this 34 chapter. 35 2. The applicant shall submit documents that demonstrate that any development 36 proposal submitted conforms to the purpo! es, slandan's, and pr te0ion 37nwe,lia-i-i-i-siiisrequiremetits of this chapter; and, if required, shall provide additional 38 information with a special critical areas report. Critical area reLiorts nju--b�e 39 reciuired in order to identify the presence, extenttin�dicllassJ, fication/ratiqg, pf 40 potential critical areas, as well as to analyze, assess, and mitigate the )o,tential 41 adverse impact to or risk from critical areas. The difeew-Director may request 42 Eqq�mJre peer review of any documents or reports at the expense of the applicant 43 where the direete Director deems it to be reasonably necessary to ensure the 44 accuracy, effectiveness or objectivity of any of the documents, reports or 45 measures proposed within them. A written determination from the 46 (Iireet+wDirector requiring peer review shall include the following information: Ordinance 3198 Exhibit A Page 28 of 79 1 a. A statement giving the reason(s) peer review is requested (e.g., possible 2 errors of fact or law, possible error in judgment, possible lack of 3 objectivity, or the existence of additional or new information); 4 b. A statement of the specific areas of the report believed to be inadequate or 5 in error, or not sufficiently definite to allow environmental analysis; c. The specific information sought (such as review of the wetland delineation 7 line, the appropriateness of proposed mitigation procedures, feasibility of 8 the plan or recommended action, conflicting scientific evidence, etc.)-l- tc.)_;9 9 d.--TdiFetef-hlt�i -a-rte o 10 Prot :°a1"s inpaet�r�iew�pe '° >��% It ��.,� � 12 3. The direeto Director may consult with other agencies, requesting information on 13 tproposal's impacts, andc vaew of a s ae ial report's contents that lie within the 14 othcr a ency's jurisdiction or expertise. A wWritten determination is not required 15 for -before consultation with other agencies. 1 34. Review Criteria. The direetorDirector may approve with conditions, or deny, 17 any development proposal or rggglated alteration in order to comply with the 18 requirements and carry out the etives andrequirements of this 19 chapter based on the following criteria: 20 a. The ro osal does not ose an unreasonable threat to the ublic health safet 2.1 or welfare on or off the devel� pLpcii taa qp al i 22 b, The oronosal minimizes the impact on critical areas in accordance with 23 miti ration sequencing PTMC 19,05.060 A, " 24 g. n slt r taons permitted to the critical area are mitigated in accordance with 2.5 mitigation requirements in PTMC 19.05.060(BI 25 d. The proposal is consistent with best available_ science_ and results in no net loss 27 of critical area functions and values,• 28 e. "1'he pro, oral rneets the criteria in other applicable regulations and standards. W 30 451 t -i rri+i hat-ae f &e-i4iea47area4fnpae4sr-Nvi44--be-authopi-z-.ed.-to 31 Pry e4bt-e . ble-ts �t�l �+ -apple ll b i t tl e 32 oefte ai�geio�l!ee-rfi 33 All 34 5� 4 i� or �ha1' ie t rho it " ' ti wn o etor�ine 35 tio„ The ir-eeto"u"qtte4--peer 36 37 65. Approval of a development proposal pursuant to the provisions of this chapter 38 does not discharge the obligation of the applicant to comply with the provisions of 39 this chapter. 40 41 B. Permit ProcessingJ°piration Modifications and Extensions. 42 1. The dir-eeto Director shall consolidate the processing of related aspects and 43 permits from other regulatory programs which affect activities in critical areas, 44 such as SEPA, shorelines, subdivision, etc., with the critical area review process 45 established in this chapter to provide a timely and coordinated permit process as 46 set forth in Chapter 20.01 PTMC. Ordinance 3198 Exhibit A Page 29 of 79 1 2. Permits shall be valid for a period of one year from the date of issuance and shall 2 expire at the end of that time if they are not acted upon, unless a longer or shorter 3 period is specified by the DSD f irector_upon issuance of the permit. 4 3. An-eExtensions of or minor modification of -to a critical areas, pernlit may be 5, requestqdLby I'1 ori g i nal pernii t bolder or the successor in title and approved by 6 the DSD Director subject to the provisions for Type I decisions in Cha ter 20.01 7 PTMC. an ofi#i*a4-pwn.#' "lay be --t-A -1;.-qUeS-M--Ae the difeetef*y 8 + --inal pennflil h , of S -"le %1&- -t' R: floldef-or-4-he . . Requests shall be filed in 9 writing with the DSD Director at least 90 days prior to the expiration of the 10 aDVI-Oval period or any SUbsegiteilfly aip elision. L _jpved C xt "-- 11 4. Review Criteria. The Director shall make written findings and conclusions that 12 the foll2wiqg.exist- 13 ' A Injo A. a. Fot- extensionsn ex --son ralik4only where the .......................................... 14 proposal remains consistent with all land use and development ordinances of the 15 e4yCity in force at the time of the extension. 16 b. For modifications: 17 i. The modification will not be inconsistent with the findings, conclusions, and 18 decision of the city approving the critical areas ')�Lrtniv _L __ 19 ii. The modification will not violate any applicable city policy or regulatiwi 20 iii. The intent of the original conditions is not altered. 21 5. Extensions shall be granted _by the _44.eetof Director in one-year incretnents for a 22 maximum of two years extension from the ori final ermit expiration date. 23 46. Prior to the granting of an extension or minor modification, the. direetoI irector 24 may require updated reports and/or additional hearings if, in his/her judgment, the 25 original intent or the circumstances relevant to the review and issuance of the 26 original permit have changed substantially, or if the applicant failed to abide by 27 the terms of the original permit. 28 C. Public Notice of 29 The City shall notify the public of proposals in accordance, with the provisions of PTMC 30 Cha iter 20.01.150 and Notice of Final Decision in Clintel- 20.0,1.280, A irl 31 _A"6e" I 32 shall -be pfovidded n 1. e 1611 om t mffwfi- 33 1 4 pe...... isiequtfed-as-set 1*01 H 34 35 D........ . EA��tions- Public Agency, and Utility. ...................... . 36 1. ---.If the anolicatioti ol'this chapter would prohibit a development proposal by a public 37 4Zeqpy or public utility. the agency or utility may apply for an exception pursuant to 38 this section. 39 2. Exc,-r)tion Request and Review Process, Application fora public agency and utility 40 x t own aall blessed as a Type 11 ermit as set forth in Chapter 20.01 PTMC. — P_ 41 In addition to thej aqation pp i lic , _E_submittal requirements in 19.05.040F, thea plic 42 shall address the review criteria set forth below. 43 3-. 44 3. Public Agency and Public 1J1ilJ!y_RLyi.e w Criteria. Exceptions may be granted for, 45 transportation and utilities where avoidance is not p_E'Lq1i-qb_1c Any-p-tiblic agent lutirity �y 46 excention shall be reviewed and approved, approved witti conditions or denied based oil ............... Ordinance 3198 Exhibit A Page 30 of 79 I the proposal's al ilit tc ccam l with the following criteria: 2 a. There is no other practical alternative to thq_pro jIg2s,.qId Lrans, ortqtioEZpLJ p— --y 3 im rovement with less impact on the critical areas; 4 bThe application 5 utility services to thg_pjiblic: 6 c. Th p".roposal does not pose an unreasonable threat to the ublic health, safety, or 7 welfare on or off the development proposal site; 8 d. The proposal includes measures jg_prqjq!qt and miti ate impacts Ao the critical area 9 functions and values consistent with the best available sciqncc;_-m4 10 cz. Tic L_pr(?p S)sa�Lis consistent with other applicable regulations and standards. 11 12 4. Burden of Proof. The burden of proof shall be on the a g Licant.Lo slLo_�y_hy a 13 prevonderance of the evidence that the gpplicant's proposal meets all of the criteria. 14 15 DE. ..—Reasonable 16 Use Excaeptions. 17 1. If the application of this chapter would den y all reasonable economic use of the subject 18 pEoRgArt , thq Cit ._shall determine J f coinvensatioii is an woropmate action, or the 19 property owner ma y ay for an exception pursuant to this section. A reasonable use 20 exception is a measure of last resort for use only in those situations where all economic 21 rise of a property would be denied by the critical areas, regulations -An apply afa-fe 22 area mayapply4o4he 23 direetolf fof niod- eation of efii 1 4---1 area ddee-,,elo efl"tfifIdaf-4.�:+ftso"e--Use A A 24 '1" fof--mo a -ritica velo fl'. difif, afea dev�IU`pmepAnlur lie 25 pfoeessed-asz.ryjv-H-perm4,,� �,, wrlh .11 "h-PlAor 20.01 PT -MG'. 26 2. Excq?tion Req uestand Review Process. A reasonable use request is a Type 11 action and 27 shall be considered in accordance with the procedur s for such actions as set forth in 28 PTMC 20.01. In addition to the application submittal requirements in M05.040F, 29 application for a reasonable use exception shall include: 30 M Ate....appkaan4-f exju e9ti-I 15- w4h "owin A 4 MFVI I'leation ihail provide thel the di- )i 32 in-ftwl-ffatiow 33 a. Technical studies and other data that describe the possible injurious effects 34 of the proposed development on occupiers of the land, on other properties, 35 on public resources, and on the environment. Possible injurious effects 36 must be described even when the injurious effect will become significant 37 only in combination with similar effects from other developments; and 38 b. An explanation with supporting evidence of how and why compliance 39 with the unmodified critical areas development standards would not 40 permit reasonable use of the property. 41 3. Reasonable Use Review Criteria: The dimetwDirector may approve a reasonable use 42 exception and modify a critical areas development standard only when all of the 43 following findings can be made: 44 a. The application of this chapter would deny all reasonable use of the 45 property; 46 b. No other reasonable use of the property has less impact on the critical 1 area; Ordinance 3198 Exhibit A Page 31 of 79 2 c. The proposed impact to the critical area is the minimum necessary to 3 allow for reasonable use of the property; 4 d. The inability of the applicant to derive reasonable use of the property is 5 not the result of actions by the applicant after the effective date of the 6 ordinance codified in this chapter or its predecessor; 7 e. The proposal does not pose an unreasonable threat to the public health, 8 safety, or welfare on or off the development proposal site; 9 f. The nr000sal will result in no net loss of critical area functions and values 10 consistent with the best available science To ttn f�lewlleill 11 all g-ft-wy-,Ow-pfoposall has bee" 12 miga l is d- �v€ rc;-lata llwicl fnetica.s. 13 alues w ; and 14 g. The proposal is consistent with other applicable regulations and standards. 15 16 4. A critical areas development standard may be reduced, waived or otherwise modified 17 only to the extent necessary to make the standard reasonable in light of all the facts and 18 circumstances of a particular case. In modifying a development standard the direeto 19 Director may impose reasonable conditions that prevent or mitigate the same harm that 20 the modified regulation was intended to prevent or mitigate. 21 22 5. A dirtr-"s-Director's decision to modify a development standard may be appealed 23 pursuant to the provisions of subsection F of this section and Chapter 20.01 PTMC. The 24 direetor'TDirector's _decision as to whether development pursuant to a modified 25 development standard will cause significant injury shall be affirmed unless found to be 26 clearly erroneous. The difeetot-Dire tor's decision as to whether strict application of a 27 development standard is reasonable shall be accorded substantial weight. Lprv4� " " ti�:��- e 114 r4l pili28 a rd lt 29 30 E. Notice of Final Decisions. Notice of a final decision on any critical area development pp ......................................._____...... _..........WWWW.....WWWWWWWW 31 PTMC or e exce tion shall be mailed in accordance wi'th� Section 20.01.280„ 32 PTMC 'l�tl'k, ,rl i.«..�•s.wd or to G•. Hal"' M fl: I e a wF4*n 33appli , a-rewmaddfess identified , the eo.gunen 4 -HW 34 dee' iE r�kll l k3 lu �1 de sk` se—of 35 �--kk-W-amas-.Notiee fm =sem gaaal-fKkTe �t 36 witty the -e. nW t -e4 - pernnil ap' l ieat 37 -a sla�de1-ice ete apt t� �� 38 perso f-adiel-pie t tif�ife�si 39 th rtof owa-speeific-appliomion-. 40 41 FI4. Appeals and Stay During Pendency of Appeals. 42 1 entitlei e t" tler-p 2-1441 airrm appeal of the 43 final decision of the dir-eeto Director on a critical area development permit (Type 11).,_of 44 RM critical areas exception T e II , or on an advance determination T e I- 45 Al t-h�a--si'e�- f, WILUT k feeis*m* l qjj 46 following the appeal procedure-w4lyp� moutlined in Chapter 20.01 PTMC. Ordinance 3198 Exhibit A Page 32 of 79 pp al o f a final_ .�eei�ri�3 i�i�1 � mi � nee4 2 eri4ieala t 1l1edmmw4hi*- let lar - al` � tiee­0 the- „ f0*i -0r 3 V,lithin 21 Ma if i " 4 r early a ft n �i , ler ....ft)Ah-in W.I'M- " 2.0:x-1-:24 w 5 6 2. An appeal of the Director's li diti ' that a site is oris -not within a critical area or its buffer under PTMC 19.05.040(1✓F�M c e a t° teerl TM 40(1+')O shall be deemed an appeal of the ggderlyin) development permit and 9 consolidated with an appeal of the development permit_ 10 3. The Director's finding that this Chapter is applicable may be appealed by,,, pt t a 11property owner, or person with consent of the property owners A -,,4 .der4-detem e 12. t1 , keabtlit -�h+s-chap .. develepr en4--(and7Tto avoid having to obtain a 13 critical area development permit. hero ": t -s� o4his ° have -the 14 appeal shall be determined prior to issuance or denial of a permit on the development 15 proposal. 16 The An appeal h per- wne",,fso itl e e Fier - .4 W. -0.1 a per t-- n-t*"1 "p sal -shall be noticed in the same 1 manner as the underlying project„ a r rwid . e ^° eeti .. im 20 2L.4. Construction under any permit issued by the eityCity shall be stayed until the 21 expiration of any appeal period or the final resolution by the eit-yCity of any appeal which 22 has been filed under this chapter. 23 24 G1.. Fees. Fees shall be as set forth in Chapter 20.09 PTMC,. 25 26 14J. Hold Harmless Agreement. Unless waived by the DSD daree4orl irector upon a finding 27 that no useful purpose would be served, the owner of a property containing critical areas 28 on which a development proposal is submitted, except a public right-of-way or the site of 29 a permanent public facility, shall file an agreement approved by the d reelo 1:)irector and 30 recorded with the Jefferson County auditor prior to the issuance of any permit or 31 preliminary approval of a short plat or subdivision. Said agreement shall be in a form 32 approved by the cityCity attorney, shall hold harmless and indemnify the eit-yCity and its 33 employees from and against any liability for damages to persons or property as the result 34 of construction or other action undertaken by the applicant on the subject property -,end 35 shall++ - it It, fart pew rd-( r� ., r re ti n of th 1 36 and be binding on the applicant and his/her successors and assigns. 37 38 1K. Record Notice of Presence of Critical Area. 39 _ 1. Unless waived by the DSD direeterDirector upon a finding that no useful purpose 40 would be served, the owner of any property with a field -verified presence of 41 critical areas or their associated buffers pursuant to this chapter on which an 42 activitv subiect to t:his,ch,,Tl r is proposed vel pr tt pr rsal� t' 43 n shall record a _covenantn �fpre5ef ee of ie l -_with the 44 Jefferson County audit= uditor_in a form approved by the e4t-yCity attorney. 45 w"o6ees"17he covenant shall provide notice in the public record of the presence 46 of a critical area or its buffer, the application of this chapter to the property, and Ordinance 3198 Exhibit A Page 33 of 79 1 that limitations on actions in or affecting such critical areas and their buffers may 2 exist. The netiee covenant shall be notarized and shall be recorded prior to 3 approval of any development proposal for such sites. 4 2. The name covenant shall run with the land. The applicant shall submit proof that 5 the netiee covenant has been filed for record before the eityCity shall approve any 6 development proposal and failure to provide such notice to the eit-yCity or any 7 purchaser prior to developing or transferring any interest in the property shall be a violation of this chapter. (Ord. 3026 § 1 (Exh. A-6 § 10), 2010; Ord. 2999 § 1 9 Exh. A, 2009; Ord. 2982 § 17, 2008; Ord. 2899 § 1, 2005; Ord. 2892 § 1, 2005; 10 Ord. 2535 § 4, 1996; Ord. 2319 § 1, 1992). 11 12 19.05.060 General Performance standaFds-Standards for developnent-Develop men 13 avoidance. Mitigation rtaiti ��t�i�a , on-site and off-site, density, minimum lot size, 14 subdivisions, preferred construction practices, impervious surface standards, stormwater 15 plans, mitigation plans. 1.6 Per 19.05.0401). The Director may waive compliance with eeneral performance standards for 17 develo meth .)ro aosa:ls or alterations within areas that contain 0111Y ac uifer rechar "e ffrec. eqty 18 flooded/critical dralatIq � corridors or seismic hazard areas. 19 A. Avoiding Impacts to Critical Areas. 2.0 1. Unless otherwise specified in this Chapter, ter before iMpac�Any critical area or its 21 buffer~ an applicant shall demonstrate that the following actions have been taken. 22 Actions are listed in the order of preference An lieant~ a • ~� ° ' ,mwp 23 al%r�ic hall l td f ll wia�"° mar e , i+ l fwp as in er rf 24 �fi %„im trltal� .r: 25 a. Avoiding the impact or hazard by not taking a certain action or parts o ran action; 26 b. Minh=ming-Minimize the impact or hazard by: 27 i. Limiting the degree or magnitude of the action with appropriate technology; or 28 ii. Taking affirmative steps, such as project redesign, relocation or timing; 29 c. ReeRcctif'y the impact to critical areas by repairing, rehabilitating or restoring 30 the affected critical area or its buffer; 31 d. -t-tizing-1' infinite or e1 aa4ag-eliminate the hazard by restoring or stabilizing 32 the hazard area through engineered or other methods; 33 e. R-edt� �"-mRcduce or elite g-elitninate the impact or hazard over time by 34 preservation or maintenance operations during the life of the development proposal or 35 alteration; 36 f. 'riorrC.Q111 ensate for the adverse impact by enhancing critical areas and 37 their buffers or creating substitute critical areas and their buffers; and 38 g. lel : nng l lonitor the impact, hazard or success of required mitigation and ting 39 take remedial action. 40 2 he sp . c ts'-Of him �"-'eai�%ritie-al-area--' 41 • d-vefse�-" .. ' quenc. sttbseetion 42 (A ((1 A reetion. 43 2. Relief from zoning setbacks - In order to avoid critical area impacts and satisfYthe 44 buffer and setback requirements of this Cha ter the Director mgy approve up to a 50 45 percent reduction in the minimum Yard setbacks established by the underlying zoning 46 district fior at�two setbacks. For Proposals within or conn,)nous to ars I -I or R-11 Ordinance 3198 Exhibit A Page 34 of 79 1 residential zonin district a minimum 5 -foot setback must be retained. Critical areas 2 permits reg gestin g relief from zoning setbacks shall be processed according to th 3 procedures for Te 11 land use decisions established in Chapter 211.01 lI'"1 five.. 4 5 B. Mitigation and Monitoring. 6 1. If mitigation is required under this chapter to compensate for adverse impacts, unless 7 otherwise provided, an applicant shall: a. Mitigate adverse impacts to: i. Critical areas and their buffers; and 10 ii. The development proposal as a result of the proposed alterations on or near the 11 critical areas; and 12 iii. Monitor the performance of any required mitigation. 13 14 2. Unless it is determined that a hi ahcr level of"ecolo aical functionigg_would result frorn an 15 alternate a roach compensatory mitigation for ecological functions shall be either in - 16 kind and on-site or in-kind and within the same drainage basin or drill cell Ofestuarine 17 wetlands are im acted . 18 3. The department shall not approve a development proposal until mitigation and monitoring 19 plans are in place to mitigate for alterations to the functions and values of critical areas 20 and buffers. 21 22 34. Whenever mitigation is required, an applicant shall submit a critical area report that 23 includes: 24 a. An analysis of potential impacts; 2.5 b. A site mitigation plan, as further described under subsection (D)(6) of this section, 26 that meets the specific mitigation requirements in this chapter for each critical area 2.7 impacted; and 28 c. A monitoring plan that includes: 29 i. A demonstration of compliance with this chapter; 30 ii. A contingency plan in the event of a failure of mitigation or of unforeseen 31 impacts if. (1) the department determines that failure of the mitigation would 32 result in a significant impact on the critical area or buffer; or (2) the mitigation 33 involves the creation of a wetland; and 4 iii. A monitoring schedule that may extend throughout the impact of the activity or, 35 for hazard areas, for as long as the hazard exists. 36 54. Thchc do a beet nuc uire a e'for�nance oaM maintena ce 1 � acl tc al urg c�om,�l to I 37 and success of ro osed miti ation. 38 ... www.v 39 6. Mitigation shall not be implemented until after the department approves the site 40 mitigation and monitoring plan. The applicant shall notify the department when 41 mitigation is installed and monitoring is commenced and shall provide the eityCity with 42 reasonable access to the mitigation for the purpose of inspections during any monitoring 43 period. 44 45 7.25. If monitoring reveals a significant deviation from predicted impact or a failure of 46 mitigation requirements, the applicant shall implement an approved contingency plan. Ordinance 3198 Exhibit A Page 35 of 79 1 The contingency plan constitutes new mitigation and is subject to all mitigation including 2 a monitoring plan and financial guarantee requirements. 3 4 C. Off -Site Mitigation. 5 1. To the maximum extent preti al . rcalle, an applicant shall mitigate adverse impacts 6 to a wetland or fish and wildlife habitat conservation area on or contiguous to the 7 development site. The department may approve mitigation that is off the development 8 site if an applicant demonstrates that: 9 a. There are no reasonable on-site or in-draina ,c� L.i p ortunities ic. ,, -site 10 o tioals would re o uire chinina�tion of hiah functioning u land habitat or on-site and 11 in-sub-diaina e basin o aca artunities do not have a high likelihood of success based on 12 a determination of the natural q acit o f t.lac„site to com ensate for the ins pacts. 13 Considerations should include: anticipated wetland miti,atignrc l cement rati�a 14 buffer conditions and proposed widths available water to maintain antici a!ted 15 hydrogeoniorR.hic classes of wetlands when restored proposed flood storage c�. 16 Votential to mitigate riparian fish and wildlife in�acts (such as connectivity). and 17 18 ssite; and 19 b. The off-site mitigation will achieve equivalent or greater hydrological, water quality 20 and wetland or habitat functions. 21 22 2. When off-site mitigation is authorized, the department shall give priority to locations 23 within the same dfa sub LJra age basin as the development proposal site that meet 24 one or More of the following: 25 a. Wetland inifi ation banks. Credits Irony a wetland mitigation bank certified under 26 Chapter 173-700 WAC mqy be used to compensate for im acts if located within the 27 service area and consistent with the replacement ratios specified in the miti ation .................. 28 bank instrument. 29 30 b. In -lieu fee mitigation ILIF : Credits Froin aii a roved in -lieu lce .pro` rani may be 31 used if located within the service area and consistent with thea roved ILF Drouram 32 instrument. The a olicant's c ualif"ped wetland pEgfessioiial shall calculate debits 33 associated with the proposed osed im acts using the credit assessment method s i ecified n ...dn 34 the Y resoe-+' ` t` eve lay 35 be-autheriz "e-eity 36 b. Private mitigation sites that are established in compliance with the requirements of 37 this chapter and approved by the department; and 38 c. Public mitigation sites that have been ranked in a process that has been supported by 39 ecological assessments, including wetland and aquatic areas established as priorities 40 for mitigation in city basin plans or other watershed plans. 41 d. Properties activel Rsi- .geti ftrr preservation open en s ace or parks by a public entity 42 or non-governmental a repo and.4pprgycd by the dcpartment. 43 44 45 3. The department may require documentation that the mitigation site has been permanently 46 preserved from future development or alteration that would be inconsistent with the Ordinance 3198 Exhibit A Page 36 of 79 1 functions of the mitigation. The documentation may include, but is not limited to, a 2 conservation easement or other agreement between the applicant and owner of the 3 mitigation site. The eityCity may enter into agreements or become a party to any 4 easement or other agreement necessary to ensure that the site continues to exist in its 5 mitigated condition. 6 4. The department shall maintain a list of sites available for use for off-site mitigation 7 projects. 8 9 5. The department may develop an in -lieu fee_program to allow the payment of a fee in lieu 1.0 of providing mitigation on a development site. The program should address: 11 a. When the payment of a fee is allowed considering the availability of a site in the same 1.2 sub -drainage basin g xi city with comparable hydrologic and biological 1:3 functions and potential for future habitat fragmentation and degradation; and 1.4 b. The use of the fees for mitigation on public or private sites that have been ranked 15 according to ecological criteria through one or more programs that have included a 16 public process. 17 18 D. General Performance Standards. 1.9 The performance standards below apply to any development pr or altcrator on arm 20 �s 10A.p ;A, �rw vw- S, , sites located 21 wholly or partially within confirmed critical areas or their buffers. l•l2r�104A,� 2.2 hese-stan"-&�� a t � r rl -tom x tom. 2.3q1i� sn�a' , stcti 24r4iaa-the-�ys � ;,;, �In addition to the following general performance 25 standards, the nerlormance standards of the awlicable critical area also apply e. _. a 26 pLopqsal�impacting glands is subiect to both the general ert`ormance standards and the 27 standards set forth in 19.05.110 if! �,s-amme6t-ie4-afa-or�:% 28 mit' ieable se 0f Aat-iew,-(-im ". 29 fel-nt-sec4i-iels 30 1. Maximum Density. 31 a. For the purpose of this chapter, maximum density in confirmed critical areas or their 32 associated buffers shall be one dwelling unit per each 10,000 square feet of site area 33 as defined in l .0 .W020 , with the exception of those lot sites containing only aquifer 34 recharge areas, frequently flooded criLica.l clrainag corr`id r art�or seismic hazard 35 areas. The maximum density for sites containing only aquifer recharge areas, 36 frequently flooded-wea-s.,critiqll drairiagg or seismic hazard areas shall be as 37 specified in the zoning ordinance. Areas waterward of the ordinary high water mark 38 and confirmed landslide/erosion hazard areas LPTMC j9.05. I00C. J of r-. ° "" 39steep pes, and wetlands shall not be included to calculate allowable density. For 40 example, only the buildable area landward of the marine bluff edge shall be used in 41 the calculation. ADUs do not court toward density, ovided impervious surCace 42 limitations of 19.05.040.D.4 shall apply. 43 44 b. The limitation in la above may be modified under the Provisions of"P`l"M �" 1732 W W W 45 Planned Unit Developments 46 i A -54A44 --. Ordinance 3198 Exhibit A Page 37 of 79 2 t e fm id-d-lel"r„ cna 2Wrhe��lm # 3 late; se�a�,�t�1�1 rpt' ww'in 4 easement-. -A h . ub#i et—figh- f y it w 5 r �R p kt t ea --e ntai-n M1, m stay 6 ec. The design, shape, size and orientation of lots shall be appropriate to the use for 7 which the lots are intended and the character of the area in which they are located. 8 Densities less than one dwelling unit per 10,000 square feet may be required for 9 reason of ggo pgjggL y hazardtaus , slopes, slide hazards areas, poor drainage, 10 flood hazards, wetland buffers, or to reduce habitat impacts, or other unique 11 conditions or features which warrant protection of the public interest. 12 d. Parcels in single ownership with an area less than 10,000 square feet which are in 13 existence on the date the ordinance originally codified in this chapter (Ordinance 14 2319, October 19, 1992) became effective shall be considered legal nonconforming 15 lots. Development on these parcels shall conform to the procedures and development 16 standards of this chapter. Development of these parcels may be conditioned to avoid 17 impacts to critical areas. Such parcels in single ownership which contain more than 18 one platted lot shall be considered a single parcel for purposes of this chapter. A 19 parcel is defined as any tax parcel in existence at date of adoption of the ordinance 20 codified in this chapter. 21 e. Vacant platted lots which are held in the same ownership as a platted lot or lots 22 containing inga dwelling or commercial structure law Ully constructed prior to 23 adoption ol`this, rdiaarce�, ;are excepted from the maximum density 24 requirements of this section as long as no parcel is created which does not meet the 25 lot area or dimensional requirements of the zoning ordinance. 27 PH r % lie44 � .. d -phis 28 ehapter whieli-4.4 aetual lyated, sly ex ed- om he—m m 29 deraregitn oriseeti: 30 2. Construction – Preferred Practices. The following preferred construction practices shall 31 be incorporated into the design of proposed critical area development where reasonable 32 and .„ ;µ' le rac ticakle: 33 a. Use common access drives and utility corridors; 34 b. Design roads, walkways, and parking areas to parallel natural hillside contours while 35 maintaining consolidated areas of natural topography and vegetation; locate access in 36 the least environmentally sensitive location feasi-ble racticable; 37 c. Use retaining walls that maintain existing natural slopes in place of graded artificial 38 slopes; 39 d. Provide for necessary emergency vehicle access as approved by the difeetof Darector; 40 e. Building pads and disturbed areas should be located outside of critical areas and 41 buffer boundaries. 42 3. ° Divisions – Building Pad. 43 a. The following requirements pertain to short plats, subdivisions, PUDs, bi 44 plans lots of record lot line revisions--ad�tan�etit only. Th i�t�l 45 1 ` . le-alva * . l oda to 46 plae a t n-eael't-lit-of-a ,,"' "vi horst-plat. -mWi Pro Ordinance 3198 Exhibit A Page 38 of 79 s. 2 These requirements may be waived only by the Director ry 3 i lden� �lo't wu �- � � a., , --enof 'tee 4 rniftimum loot si.eLequi�tl ' s :°h -a- ub i "i e d-- 5 wlm less 6 i. IdentiN for each lot an accessible bUilding Pad located outside of the critical area. 7 and its buffer. 8 ii. Determine the location of a building pad by considering vegetation, topography, 9 critical areas, and the relationship of the proposed building pad to 10 existing/proposed homes. Building p.,—JA 1�� of r-iti ea, 11 a d-- ufl r4xR+nd s:. 12 iii. Identify approved building pads and critical areas on final mylars. 13 iv. If insufficient land area exists outside of critical areas and their buffers for all 14 building sites, the proposalt�Itd'i i ion—,ot-bind' "h*a may be 15 required to develop at less than the maximum permissible density in order to 16 avoid negative impacts to critical areas. 17 Mb, Binding site plans. All bufldings fro , used in a binding site plan shall be desi ned 18 to be outside of critical areas and their buffer boundaries. 19 4. lite ww-age----Impervious Surface Limits for Lots. 20 a. The maximum total percentage of a lot area that can be covered by impervious 21 surfaces (including parking areas) is limited by the slope of the lot for all detached 22 single-farnily developzlaents as follows _.............................. ._.. Impervious Surface Limit Lot Slope (expressed as % of actual land �_... area,.. .............. Less than 30% 15% 15-30%25% ...........��....... Greater ......................... 20% than 30% y g °onfirmed landslide hazard 23 Areas waterward of the ordinary high water mark 24 areas1'"l�".(l.lQ1%1�'.2�f-a1-ffs; st pes, and wetlands shall not be 25 included to calculate land area. For example, only the buildable area landward of the 26 marine bluff edge shall be used in the calculation. In shorelines jurisdiction: In no 27 case shall total iniperviogs area exceed 5,000 square feet for any one single-family 28 detached dwelling and accessory strgetures Vic., when a single -fancily home is 29 proposed over multiple le lots the total impervious ervious area must not exceed 5,000 s ua�e 30 feet . 31 32 b. The dirmee(Director may grant a waiver of irnt)ervious surface limits, allowing tt1 33 pgcent of impervious surface to c al the limi4edmmt 4he maximum percent of lot Ordinance 3198 Exhibit A Page 39 of 79 1 coverage tVtifemeels-allowed under PTMC Title 17 if the proposal minimizes 2 impacts to critical areas and meets one of the following criteria: 3 i. The proposal uses preferred practices, outlined in subsection (D)(2) of this 4 section, which are appropriate for the lot; or 5 ii. The lot has a unique shape or proportion (i.e., a triangular lot, with a circuitous 6 driveway corridor). 7 iii. Wherever critical areas or impervious surfaces limitation areas overlap, the most stringent in c a "— dis � d area fair ..m.wntshinit ation aplies-ap . 10 5. Stormwater and Erosion Control. 11 a. Stormwater Management Plan. All development subject to the provisions of this 12 chapter shall comply with the 200544epa4menf of F—A-gy Stormwater Management 13 ManualRof 11 lser�u�t�-(SIMM-Waw"-(21, Ceity Eengineering design 14 Design sta�;d i, -Standards manuall atwal, Ceity sStormwater mast"I!lan, and 15 adopted drainage basin plans. 16 i. Stormwater management plans shall be consistent with the standards contained in 17 the ei stormwatar Li a a emcnt manual and EDS manual m ise- W 18 (2005)and must be developed on a basis and must 19 contain a technical report that identifies existing or predicted problems and sets 20 forth solutions to each. Off-site measures may be required to correct existing on - 1 site problems or to prevent new problems from occurring. Surface water discharge 22 from the site shall not be greater than historic or predevelopment rates. 23 ii. If the development does not meet water quality standards established by law or 24 administrative rules, the e-4yCity may suspend further development work on the 25 site until such standards are met. 26 b. Erosion control practices must be detailed using best management practices for 27 situatio siltation/filtration devices to control surface runoff during construction in accordance with the � and�th 2005 r' p, tern ,storn�wat m 2� enter 29 Mana-ge+Tmit-managementWmanual and engineering design standards 30Wesitern hi w(-SWA4-M-- .4(0 ). 31 i. Applicants shall indicate erosion control measures on the site construction plan or 32stormwater control management plan, as appropriate for the project. 33 ii. These requirements shall be in place following the preconstruction meeting 34 outlined in PTMC 19.05.040(D�E)(1)(k)(i) and shall be reviewed and approved 35 prior to clearing and grading. 36 37 c. Applicants are also encouraged to consult the recommendations set forth in Chapter 5 38 of the current version of the Low Impact Development Technical Guidance Manual 39 for the Puget Sound (2 04 at d I)e artn ent of 1^:cc l ,a slain ° a lea Handbook 40 for guidance concerning the protection of native soils and vegetation, and retention of 41 hydrologic function? c4eeafin"n4-gfad" lo1nimt-a s_. 42 6. Alterations and Disturbance. 43 a. A site mitigation plan shall be required by the di- rDirector as an additional report 44 submitted prior to final inspection if critical areas or critical slopes are identified on 45 the site. (The requirements of the site mitigation plan may be included in the site 6 construction plan if properly specified.) Ordinance 3198 Exhibit A Page 40 of 79 1 b. The intent ofthe _site mitigation plan "shall: i. Detail measures =,that restore the site to a revegetated condition after substantial foundation work and after project completion; 4 ii. Specify terrain, vegetation, and trees, in concert with the stormwater management 5 plan, whieh-ghat restore surface and ground water filtration characteristics to 6plev"4'µ reconstruction conditions; 7 iii. Retain characteristics compatible with the natural neighborhood environment. 8 c. Protection of Vegetation. i. Areas of previously undisturbed natural vegetation in a critical area that have been 10 damaged by human activity must be replaced with compatible species in 1.1 accordance with a eityCity-approved site mitigation plan. Native vegetation shall be given preference. ii. Areas infested with noxious weeds may be cleared and replanted in accordance with a Cit -aW roved �mit�gt� mmori_anmm-fee +n n enm 44�he ppvell .offlan and s he irec _(Ord. 3062 § 8, 2011; Ord. 2982 §Y4, 2008; kOrd. 2929 Exh. A § 2, 2006; Ord. 2899 § 1, 2005; Ord. 2319 § 1, 1992). 19.05.070 Critical 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 (ground water). Currently, aquifers in Port Townsend are not used as a drinking water source. This section provides protection measures to effectively maintain the quality of ground water by prevention of contamination so if needed in the future, ground water may be used for agricultural or landscaping uses or as a potable (drinking) water source. he It i w gid- safet"fevent egr-a"io -1 r- (.eti of- +alty-tom p otfage-water n+d-to-pfoi fore l atio :tvenntfot- into he degfadat4on of ground water quality and quantly, B. Classification. 1. Aquifer recharge areas are those lands in Port Townsend which have an aquifer of potential future or current use for drinking 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 quantities that replenish natural ground water 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 formations 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 areas have the highest potential to become a significant public health hazard. High vulnerability is characterized by land uses which produce contaminants that may degrade ground water quality or reduce ground water quantity. Low vulnerability is characterized Ordinance 3198 Exhibit A Page 41 of 79 I by land uses which will not affect ground water quality or quantity. 2 4. Vulnerability to pollution is a function of depth of ground water, permeability of soils 3 and geologic formations (susceptibility), presence of potential source of contamination, 4 and any other relevant factors. 5 6 C. Regulated Development. The following types of development shall be regulated under this 7 chapter: 8 1.Any-deveIapme*Hiot-eon wefpyw e s_oeated4n-*+ eal­aq4�r 9 hrea.',".In sitle Sewage4reatment- ��I dit. mi-eal aquifet-+edmfge--area-s 10 tm��-&-&ite-eamo Ibe eenneelted4o the &y--sewer­--sry4-efft-. 11 e4y--sewe-r--&y-Aem4-4 ol, possible, addl.#. , ;;; 12 p04Ut1E*1 n-4te 13 sewage-t,"it ear ed k pr v ire kr e 14 development-pern4"Oeati<47 15 Risk Uses - -The following land uses are considered hjgLi risk due to the probability 16 and/or potential matmitude of their adverse effects on groundwater. Unless otherwise 17 waived by tLie Dircctgr,.4ia4-"uife a hydrogeologic assessment shall be re wired for: 18 of-the-proposemit e- 19 a. Ili h Impact Uses as defined in PTMC Section 17.08.030 20 b. Hazardous substance processing or handling; 21 bc. Hazardous waste treatment -and, storage and disposal -facilities, 22 ed. ....... — %'� - 51 %'"'" �""I �5_ elini pfeduets, 23 de. Landfills, junkyards, auto wrecking yards; 24 ef. Golf courses; 25 26 Chemical mariLlfactut-in Arid rp rLo VL - 27 h. Asphalt manufacturing or treatnigit: 28 i. Electror)latina and metal coating activities, 29 j.-S"tonlae and electrical battery processing and rep xessing and 30 gk. Other uses or activities determined by the �,Lity_heWt4iAepar4ffw+it-that may be 31 likely to pose a threat to the aquifer. 32 33 2. Other Uses. "I'he followingJand use activities may be allowed in a(Igifer recharge areas 34 orovided the Director determines that the pro os,al meets the performance standards of 35 Section D. 36 a.. All industrial land uses; 37 b. All commercial uses including but not limited to vehicle repair and service stations - 38 c. Above arround storage of petroleum products or other hazardous substances; 39 d. Any dey11op�g ment not connected to sanitary sewers which is, locatcd ina critical aquifer 40 rccliar ae area. In cases where on-site sewage treatmentsystems are allowed per 41 PTMC Chanter 1322 Sewer Connections, additional re to condition on - 42 site sewaae treatment to prevent pollution of ground water May be regwired. In 43 instances where on-site sews treatment cannot be mitigated to reventwgroundwater 44 coptaminatLon, he &vLe!ovincnt permit aDplication shall be denied. 45 46 D. Performance Standards for Development. All regulated development, as identified in this Ordinance 3198 Exhibit A Page 42 of 79 1 section, shall be designed and constructed subject to the following standards: 2 1. Underground hazardous substance and/or petroleum storage facilities shall: 3 a. Be designed to prevent releases due to corrosion or structural failure for the operational life of the tank; b. Be protected against corrosion, constructed of noncorrosive material, steel clad with a noncorrosive material, or designed to include a secondary containment 7 system to prevent the release r-)r-t4*-t4*ened-Fs -of any stored substance; and 8 c. Use material in the construction or lining of the tank that is compatible with the 9 substance to be stored;.- and 10 d. Be consistent with any applicable Department of Ecology's standards for 11 construction and installation under WAC 173-360. 12. 1.3 2. Above ground hazardous substance and/or petroleum storage tanks shall: 14 a. Not be fabricated, constructed, installed, used or maintained in any manner which 18 may allow the release of a hazardous substance to the ground, ground water, or 16 surface waters of Port Townsend within an aquifer recharge area; 17 b. Not be fabricated, constructed, installed, used or maintained without having 18 constructed around and under it an impervious containment area enclosing or 19 underlying the tank; 20 c. Require a secondary containment system either built into the tank structure or 21 dike system built outside the tank for all tanks located within an aquifer recharge 22 area:-.; i d-heati- : 7 i1 -awe° xei pt lfoi d y--efi4*i n t 23 syso I . H4:5 24 d. Be consistent with n aMlica le die -Department of Ecology's standards for 25 construction and installation (WAC 173-180-320). 2 3. Vehicle Re air and Servicing, - 27 a.ehicle �q a�ij- ancll servicing nnust be conducted over inlDernjec btC Dads and 28 within a covered structure ca able of withstandina,no�xpected weather 2.9 conditions. Chemicals used in the Process of vehicl � ��ep;���_and ser-vi—ci1willist lie 30 stored in a manner that protects them from weather and provides containment should 31 leaks occur. 32 b. No dry wells shall be allowed in critical Liquifier recharge areas on sites used Jor 33 vehicle re air and servicing. Dry wells existing on the site prior to facility 34 establishment must be abandoned using techniques approved by the State De a<ar°traaent 35 of Ecolo y_rior to commencement of the roposed activity. 3 4. -9,.Stormwater runoff will be controlled and treated using BMPs and facility design 37 standards as defined in PTMC Title 16 Chapter 13.32. M., 39 45. Agricultural and landscaping activities, specifically use of fertilizers, herbicides and 40 pesticides in highly susceptible areas, shall be controlled th , "Le vvatex qta4y 41 mss. Federal State and local regulations of pesticides and water quality -must be 42 followed including requirements for pesticide applicator licensirrg li•oin the Washita tgn 43 State Department of°AaricuI(Lire. 44 6-5. Applicants shall also consider the guidance set forth in Chapter 5 of the eurrent version of 45 the Low Impact Development Technical Guidance Manual for the Puget Sound 4 (2004241-2for recommendations concerning the protection of native soils and Ordinance 3198 Exhibit A Page 43 of 79 1 vegetation, and retention of hydrologic function, during clearing and grading for 2 development proposals. 3 4 E. Mitigation or Compensation. 5 1. Any regulated development listed in subsection C of this section which results in 6 degradation of aquifer recharge areas or aquifer water quality will require restoration of 7 on-site disturbance in full top'reconstruction conditions. Additional 8 compensation shall be required in the form of fines, provision of drinking water for areas 9 dependent on the degraded aquifer, or alternative environmental restoration. 10, 11 F. Special Report Required. A geohy4w4)gieativpofthydro �,ecLlq i_gLq zisscssMenj may be 6_ _ 12 required in those areas identified as highly susceptible or vulnerable or for uses posin.g..g higli 13 risk of potential contamination. The re- ort shall be orepared by a aualified consultant and 14 shall address site- andproject-specific conditions. The City may notify the U.S. — - l�ij 15 Environmental Protection, Agency, Washington State Department of Hjgalth.�LasgLon L 16 Denartment of Eco im 17' the oreliniiiiary stans of City's review ..piggess. (Ord. 2899 § 1, 2005; Ord. 2319 § 1, 1992). 18 19.05.080 Critical area 2 - Fish and wildlife habitat conservation areas. 191 A. Purpose. Fish and wildlife habitat conservation areas are mana ed to rovide suitable 20 habitats for ma 21 distribution so that the habitat available is sufficient to support viable populations over 22 the Iona term and isolated sub l2opulations are not created. 44x-Weshington4iate 23 and maps p~" " Mita and speews-and 24 pafes mana.................. 25 gfeA�Fea" I I e l rt=14nd ide-wedan& ,, nage, cor. 26 bluff -s -all R.Aufal, open space;8on-,e­oP4ww.-afea,,s;--e-&p "-.�-we+lands-md-e"twal 27 drainagc-c-off-ido , flakI -1e excellent aninial and 28 Mg 29 may 1,e a A;A-by-­these-oses.Thes, The following _xegulations- ill 30 combination w Lth_thp general performance standards for development contained in 31 Section 19.015.060, are intended to provide reasonable measures to protect and conserve 32 the habitat of fish and wildlife species and thereby maintain or increase their populations 33 within Port Townsend. Habitat conservation will be accomplished by actively managing 34 to maintain these species in their preferred habitats. However, habitat conservation does 35 not require that all individuals of all species be protected., In appropriate circumstances, 36 impacts resulting from regulated activities may be q jLjjjnnLr/ecj_,rectified, reduced and/or 37 coMpensated for consistent with this chapter. 38 39, B. Classification. All areas within the City of Port Townsend ineetitig one or more of the 40 followitw, criteria, m-yardless, of any formal agency idcntification,..are I ereb _&sjgjjated 41 critical areas and are subiect to the orovisions of this chapter and shall be managed 42 consistent with the best available science. Ma s maintained by fedcLralstate and Llocal 43 ggencies are to be used as_a_guide only, Final critical area designations are based on field 44 conditions, The following areas are defined as fish and wildlife habitat conservation areas 45 and are identified under this chapter: 46 1. Areas with which state or federally designated endangered, threatened, and sensitive Ordinance 3198 Exhibit A Page 44 of 79 1 species have a primary association. Federally designated endangered and threatened 2 species are those fish and wildlife species identified by the U.S. Fish and Wildlife Service 3 and the National Marine Fisheries Service that are in danger of extinction or threatened to 4 become endangered. State designated endangered, threatened, and sensitive species are 5 those-f�� la =-st + itkt�ien# the 6 ' w° X 1' 1 _jL ijodically rq n ted in WA -12- 7 0114 (state endangered °re species) and WAC 232-12-011 state threatened and sensitive 8 should be consulted for current listing status; 10 2. Lands and waters containing documented habitats for plant and animal species listed in 11. the Washington Department of Fish and Wildlife's Priority Habitats and Species Program 12 List. Priority habitats andspecies known to be identified and ma ed by the Department 13 of Fish and Wildlife in Port Townsend include but may not be limited to: 1.4 a. I3leGreat blue heron rookeries 15 b. Brant and harlequin l edin ea, reas 16 c.w.... Waterfowl concentrations at Kah Tai Lagoon, 17 d. Waterfowl winterin area at Golf course pond 18 e. Alcid breeding areas the family Alcidae includes murrelet5,TjggpLn 19 guillemots, anklets, ptif'l)ns and common murres). 20 f. Pinto abalone 2.1 �.."alk. 2.2 h. Dungeness crab 23 Habitats and species of local significance may be added by action of the Ceity Ceouncil 24 where the value and significance of such species locally can be established and sound 25 scientific evidence can be presented to establish that the species' existence is determined 2.6 to be locally significant; 27 4-3. All public and private tidelands or bedlands suitable for shellfish harvest as designated by 2.8 the Washington Department of Health's classification system. Shellfish protection 29 districts may be established pursuant to Chapter 90.72 RCW; 30 54. Areas with kelp and eelgrass beds. Kelp and eelgrass beds may be classified and 31 identified by the Department of Natural Resources Aquatic Lands Program and the 32 Department of Ecology. Many locations are compiled in the Puget Sound Environmental 33 Atlas or the currant City of Port Townsend an-w*et4i[ASSliorpiiiie Inventor � 34 maps; 35 -5-.6. Herring, smelt, sand lance and forage fish beach spawning areas. Times and 36 locations are outlined in WAC 232-14-010, Hydraulic Code Guidelines, Technical Report 37 No. 79, the Puget Sound Environmental Atlas and the current City of Port Townsend 38 Shoreline Inventory (2004); 39 6-.7. Naturally occurring ponds (or created wetland ponds that are not stormwater 40 detention/retention facilities) less than 20 acres and their submerged aquatic beds that 1 provide significant fish or wildlife habitat; 42 78. me i -n nd-wWaters of the state include lakes rivers ponds, streams, inland waters 43 under round waters salt waters and all other surface waters and watercourses within the 44 jurisdiction of the state o'fa.s on s_defir ed ip RCW 90.48.020 and classified in 45 ( e�A l9 -(1�( � hit . lang-ared-oar4 . , type ie&, --or 46 epeeit --b 1i1t� Ordinance 3198 Exhibit A Page 45 of 79 I defined in WAC 222-16-030, Forest Practices Rules and Regulations; At the time of 2 ado tion of the updated critical areas re!jLafionOrdinance s 198, there were no streams 9 , 3 3 identified within the City of Port'rownsend. latiqni. 4 affectingstreams� 5 89. Lakes, ponds and streams planted with game fish, including those planted under the 6 auspices of a federal, state, local or tribal program, and waters which support priority fish 7 species as identified by the Department of Wildlife; 8 9-.10. Feeder bluffs along marine shorelines; and 9 4-011. Marine nearshore habitat areas (i.e., the area encompassing the extreme low tide limit 10 to the ordinary high water mark) and associated vegetated marine riparian areas. 11 12. State natural area preserves, natural resource conservation areas, and state wildlife areas. 12 The City concludes that there are none within the Cit: 's iuris,diction at the time of 13 adoption of this chapter. 14 C. Regulated Development. 15 Unless specifically x31 ted Linder Section 19.05.040-, -Bl'TMC, all development proposals 16 or alterations in classified fish and wildlife habitat conservation areas shall comply with 17 the standards included in subsections D throuarli G of this section. Desi hated fish and 18 wildlife habitat conservation areas that are within shoreline jurisdiction are also regulged 19 under the City's Shoreline Master Program. 20 1 e e. to f P 0 111 Ow 21 .-- t'—I.Y .............. 22 --d 8onsistent with flie best available 23eienee. . 4-ned-hy-federa ",state-andd l gencies afe to be tiseds uide 24 o*Iy--aff&do not provide-a-fi*iea4 afea designation-.-W41d4fe-er eas sha4-be 25 held lite 1. U3 Wy a qtM4Ik-d,-0fi4IeaI -eL"all lased�t pphil� it' 26 A-rea-&-wi*-whiiali-state r Ceddefally desJ'--'+"A --Iffflgered-, L 11VUL 27 /1 1 ILI U-1, --4 iw and the National 28 Marine444wfiees aft" 29 I 30 I—Developffift.-M. 1-1,00, ng 4ia' nt-and 31 a it ted in the ITIT'aYI+iffgIWH rtepafanefA-o-f-Vi4i-a;nd-W44d.ii-i�"el,,,,-P.-r4.ofit-y 312 P porj. A fogrolm Re quade Prim.; 1%;j ojj��I�o I fie lIWe-,-btA--ma-y-not-be t, ki I t T-1— 33 hm4ed-to' piffli+aV one, -DwIgetwss-ef ab Lats-dml U.51, a, 414�-4n 34 speeie+known--to--be4den+ and inapped4ry4he4-)ej 35 Port *)wee+• ie4ude--b+ ;- -A Awy H014 IDN', 1: 4-4 4- it- ir-Ilowing! 36 A. Bald ,,, 'es-; 37 A. Great 3faff" blue4wfowRitf.e,,,,,-- I IqA' , , , "A I e 8 U " , A 1 39 1 I"o. wentf All 1 4-- p - 40 at-�14`,eours�ond 41 X- id areas k+x:',-.e-fanii4-y-Ateidae4neh.-ides-m.uffelet,i,-t)it,,e(4i H.Aernot,' 42 pu, n" Mon-MtHT-t-'+ A and_Wateff. 43 X,---Devek4pmont-�ing on la 44 bedlands-w4aWe f7l' �t-1 W1111 45 T -J- -,A -.1-- A 1 11 "1 mm: � M . as&be4s-. 46C� ", vel- .0ryenl-*)c heriingTsnielt- %,nd-limee-afK4 Ordinance 3198 Exhibit A Page 46 of 79 ,, e � h p a�^ta awr €ni vur M s.+-tiwGTe�Lxa"e^fr"cA`6ri,"�ci'S�I.�+:'. n 1.en i l c41� � n�� s4n�� � tie4eds 4 p ` vide° ign" tat If tb ��at�p � mre y khe l plit ; the -e F4i"st e -of 6 i�ton l h ta- dA,, d m ")or, "cr, nsei '.eeiesy; and �­ePrit+ proteetio s est . De lent -ems i •moiliaei s 10 managen ent ree, me, datio s-well-asinth *° � 11. arnso dertl �eessaw " r t d 12 1 deLfontltlt-eotl 14 w h e r-.- 4 he - v a 4 i� L- m eance-aaoun eevil to 15 eft' +-t° at -4-. iL-. ie ' iste-e4-:r4 fead d°-leeall . 16 17 18 D. Performance Standards Applicable to All Development. 19 1 All dev lonment proposals or alterations in fish and wildlife habitat conservation areas 20 shall: 21 a. Ensure the proposal does not degrade the quantitative and qualitative functions and 22 values of the habitat. The Director shall condition approvals within or adjacent to a 23 habitat conservation area or its buffers as necessary to minimize and where necessary 24 tp mitigate pote�ltaldversc impacts. 25 b. -Development activities allowed in fish and wildlife habitat conservation areas shall be 26 consistent with the species located there, and shall be regulated additionally by 27 restrictions defined in applicable federal, state and local regulations regarding the 28 species. Development in or adjacent to areas used by state priority species shall be 29 dccs� ed located and constructed in consideration of Washington De artinent of fish 30 and Wildlife habitat recommendations. 1 c. e.--, and-Incoorate e r tea with best management practices (BMPs), including 2 measures to avoid im lets due to c x tr acti rp noises light and tiraain ; 3 2. Habitat conservation areas identified in required habitat management plans are to be 34 conserved for the management and maintenance of fish and wildlife habitat. Habitat 35 conservation areas may overlap with other identified critical areas. Likely areas of 6 overlap include critical drainage corridors, geologically hazardous areas and wetlands. 7 38 �hitat aeras aeah,.. �. d.�, ; f„�� a,:s al fa-tandar 39 talll�l the ayi ” ; 'ire llalp :` ale ctrl ear bolt" 40 in; an-ama-,4he-moA�;t�itc�l��+�mditi� s1�a y 41 4. All blas - d 'tier itigaticn 42 armendat" ieosidera th ahgtten'tmt r 4 Pisbnd- ill iAta l tat l+nes t l�aaf llgs Sterw�t 44Wig— S : (20!4 -ate to 08Idle ; -IM"at lopment oun 42i 46 E. Performance Standards for Terrestrial Habitats and Species. Ordinance 3198 Exhibit A Page 47 of 79 1 1. unless otherwise waived by the Director, aA habitat management plan shall be required 2 for any development in or adjacent to areas identified as habitat for endangered, 3 threatened or sensitive species and for breeding or nesting habitat of priority species. The 4 plan shall incorporate mitigation recommendations developed in consideration of 5 Washington Department of Fish and Wildlife habitat recommendations. 6 2. The habitat management plan shall show the exact location and extent of habitat 7 conservation areas and any alteration of any habitat areas that may reduce the likelihood 8 that the above listed species will survive or reproduce. 9 3, Bald Eagle nests or communal roost: when a proposed activity may imn act a Bald. Eagle 10 nest or roost, prior to .. w the activitthe acrrnittee shall strictl observe t1�e guidance and. 11 r maireneats of the l r.S, Fishand Wildlife Service's National 1. alc t gl 1 mn hent 12 Guidelines (Mav 2007 or as hereinafter aarmended and if required the pennittee's 13 USFWS Bald Ea le ermit. 14 4. Great Blue Heron rookeries - Unless otherwise allowed pursuant to 19.05.040.E a habitat. 15 mm>C��°ma a ement Wan is required when a i2roposed activity inay ins act a raoker 16 t � l �t o- ise �st shall i#neE . 17 i ati f l �- p r en ~ 18 ha... ° eomnem4ations, and-eo*s+steRA, wi+h4w4-n+ana ent praaetwees,fBMRS); 19 inlat m,tat�mp V0.111 .1ct:�ue� cotnlltr►r� 20 4F. Additional Performance Standards for D w4hiz 4he-S horeline 21 orifi-,lurisdiction, 22 1. Development proposals and/or alteration within shorelines Jurisdiction shall be mitigated 23 to achieve no net loss of habitat function, 24 -52. " e-I u t+ t end X1`6 neefiviH"Che 25 following development standards shall also be applied in terrestrial habitat conservation 26 areas that lie within the shoreline jurisdiction: 27 a. For residential development, t otal impervious surface area fior residential, 28 develo n�shall be limited to 20 percent of the actual land areas. In no case shall 29 total impgvious area exceed 5,000 square feet for any one sin Le_ l y detached 30 d lliDgA dwaccessor structure. i.e, when a single-fanifly home is proposed over 31 multiple lots the total impervious area must not exceed 5,000 square feet). 32 b, l'or non-residential develo nrent total im ervious surflice area shall be limited to 40 33 percent or 4,000 square feet, whichever is less; and 34 be. At least 25 percent of the lot shall be required to be retained or restored in native 35 vegetation. 36 E_wG. Additional Performance Standards for Marine Habitats and Species. 37 1. Development in areas waterward of the ordinary high water mark shall require a habitt 38 l �.,,iscritical areas report and shall give special consideration to the preservation and 39 enhancement of anadromous fish habitat. 40 2. Development proposals shall be designed to first avoid and then minimize environmental 41 impacts. Lh ro L!gh the use of best available science and best mana gementractic ,.g 42 Wgshi ton Statq Department of fish and Wildlife's Aquatic Habitat Guideline 43 documents inchidin W DFW's Marine Shoreline Design Guidelines Publication Q15831. 44 3. Unavoidable impacts to marine habitat and environmental processes shall be mitigated to 45 achieve no net loss of habitat function. 46 4: A-laaitataqi+m 1pmli�l�taawe ipa Ordinance 3198 Exhibit A Page 48 of 79 1 Minh 1 hail -ate 2 3 reeon+w " ' n 4 4-5. All in -water development shall meet the requirements of the Hydraulic Project Approval 5 (HPA) process administered by Washington Department of Fish and Wildlife. 6 7 GH. Buffers or Setbacks. 8 1. The buffer width shall be established by an gpl2roved critical areas report prime aced by a 9 c ualified consultant, To retain adequate natural habitat for classified species, buffer needs 10 shall be assigned on a case-by-case basis, and the process and justification shall be 11 described in the required habmiilat managefflentpicritical areas regia rt. 12 2. Buffers shall be based on Washington Department of Wildlife, Priority Habitat and 13 Species Management recommendations. 14 3. Buffer widths may be increased by the difeetefDirector if species present are sensitive to 15 or endangered by habitat alteration, or if the area supports unique or rare plant 16 communities, or contains rearing and nesting sites for endangered, threatened or priority 17 species. 18 4. Buffer widths may be reduced by the difeefoIirector if the project includes buffer 19 enhancement as part of an approved habitat management plan or if it is found that the 20 affected property would be denied reasonable use as defined in PTMC 19.05.050(D). 21 5. Building setback lines shall be measured from the outside edge of required buffers and no 22 setback shall be less than 15 feet from an established buffer. 23 24 I4I. Mitigation or Compensation. 25 1. Mitigation measures shall be based on the best available science and may eould 26 include, but are not limited to: 27 a. Establishment of buffer zones; 28 b. Preservation of critically important y ggIA iop ax"d/ r habitat features such as 29 sus and downed wood, plants and trees; 30 c. Limitation of access to habitat area ipcluding fencing to deter unauthorized 31 access; 32 d. Seasonal restriction of construction activities; 33 e. Establishing a timetable for periodic review of mitigation activities;th 34 dv ffne; 35 f. Using BMPs to avoid or reduce impacts; 36 g. Reducing the size, scope, configuration or density of the project -.i 37 h. Re uirement ofa performance or maintenance bond to ensure completion and 38 success of proposed mit 39 i. Off-site mitigation as per 19.05.060C" 40 41 IBJ. Special Report Required. Unless otherwise waived by the Director, a qualified consultant 42 shall pre are a habitat assessment and if adverse im acts are identified, a habitat 43 management lan lor the followiniz activities: . Im-b"itat manageshall 44 for- 45 er45 1. Any development in or adjacent to areas identified as habitat for endangered, 46 threatened or sensitive species or for breeding or nesting habitat of priority species. Ordinance 3198 Exhibit A Page 49 of 79 1 2. Development in areas waterward of the ordinary high water mark. e a, 2 analysis. 3 3. Anv develoDment likely to cause i �ac�ts to marine habitat and environmental proceqses. 4 4. Unless otherwise exempt under PTMC Chapter 16.0884tk-4,6, a permit application to 5 develop in thefegu4dle�fleod.F44n5pccial flood hazard area shall include an assessment 6 of the impact of the project on federal, state or locally protected species and habitat, 7 water quality and aquatic and riparian habitat. The assessment 8 K. Report Content. 9 1. Habitat Assessment. A habitat assessment is an investigation of the.piL oiect area to 10 e v 4.1 LamLt q t hLe ce o ish or wildlife species or f designated critical �r 11 habitat. A critical areas re ort for a fish and wildlife habitat conservation area shall 12 contain an assessment of habitats, including the followiniz, site and proposal -related 13 information at a minimum: 14 q. A--Ri:9ject description includin ludin Y construction methods and timing; 15, b. Proposed site plan that includes the exact location and extent of habitat 16 conservation areas, ffigir associated buffers and proposed alteration of habitat 17 areas. The site plan shall,beprepared in sufficient detail to enable assessment of 18 p��enjjal adverse itLipqqs; 19 c. A detailed description of existing conditions, on-site and within 300 feet of the 20 project area including topographyvegetation, all fish and wildlife habitat 21 conservation areas, shoreline areas, flood plains other critical areas and related 22 hd[Lrs 23 d. Identification of any species of local imp ELqnc,e�riority species, or endangered, 24 threatened, �ie�nsjtive, or candidate species that have a pLhnary_Association with 25 habitat on or adjacent to the Droi ect area, and assessment 9fpotentiaI p ect – rpi- 26 impacts to the use of the _site _j2ythe _Apgd�� 27 e. A discussion of any federal, state.. r local special management recommendations, 28 including Was1iington Department of Fish and Wildlife habitat nianaggLgent 29 recommendations that have been developed for species or habitats located on or 30 adjacent to the2r( �iqgt area. 31 f. A discussion of ongc . ment practices that will protect liabita ' t after the 32 project site has been-develoned, including proposed monitoring and maintenance 33 prograrn. 34 35 2. Habitat Management Plan. If the habitat assessment conckides the project is expected to 36 have an adverse effect on water quality and/or habitat or habitat functions, the gpplicant 37 sligIl Lvovule a plan to mitigate those impacts. The plan shall i nc0q)orate rniti.&ation 38 recommendations consistent with Washington Department of Fish and Wildlife habitat 39 recommendations. 40 41 L. Additional Information Required for Snecial Flood Hazard Areas pursuant to PTMC 42 16.08.130 (F)� 43 1. In addition to the habitat assessment requirements in section KI above, the habitat impact 44 assessment -shall be: 45 a. A biological evaluation or biological assessment developed per 50 CFR 402.12 tc 46 initiate federal interagency consultation under Endangered Species Act Section Ordinance 3198 Exhibit A Page 50 of 79 1 7(a)(2); or 2 b. Documentation that the activity fits within Section 4(d) of the Endangered 3 Species Act; or 4 c. Documentation that the activity fits within a habitat conservation plan approved 5 pursuant to Section 10 of the Endangered Species Act, where any such assessment 6 has been prepared or is otherwise made available; or 7 d. An assessment prepared in accordance with Regional Guidance for Floodplain 8 Habitat Assessment and Mitigation, FEMA Region X, 2010. The assessment shall 9 determine if the project would adversely affect: 10 i. Species that are federal, state or local listed as threatened or endangered; 11 ii. The primary constituent elements for critical habitat, when designated; 12 iii. Essential fish habitat designated by the National Marine Fisheries Service; 13 iv. Fish and wildlife habitat conservation areas; 14 v. Other protected areas and elements necessary for species conservation. 15 42. Habitat Mana ement Plan required for Special Flood Hazard Areas pursuant to P"1" MC 16 16 08.130 (F). "-4ga 1an-._ If the habitat assessment " t l-uw-L-r- 17 concludes the project is expected to have an adverse effect on water quality and/or 18 aquatic or riparian habitat or habitat functions, the applicant shall provide a plan to 19 mitigate those impacts. The Ilabitat Management flan must be prepared in accordance 20 with Regional Guidance for Floodplain Habitat Assessment and Mitigation, FEMA 21 Region X, 2010. 22 a. If the USFWS or NMFS issues an incidental take permit under Section 10 ESA, 23 biological opinion under Section 7; ESA; then it can be considered to qualify as a 24 plan to mitigate those impacts. 25 b. If the project is located outside the protected area, the mitigation plan shall 26 include such avoidance, minimization, restoration, or compensation measures so 27 that indirect adverse effects of development in the floodplain (effects to storm 28 water, riparian vegetation, bank stability, channel migration, hyporheic zones, 29 wetlands, etc.) are mitigated such that equivalent or better habitat protection is 30 provided. 31 c. If the project is located in the protected area, the mitigation plan shall stipulate 32 such avoidance measures as are needed to ensure that there is no adverse effect 33 during any phase of the project. 34 d. The plan's habitat mitigation activities shall be incorporated into the proposed 35 project. The floodplain development permit shall be based on the redesigned 36 project and its mitigation components. 37 s, 38 e. Tthe building official shall not issue a certification of use or a certificate of 39 occupancy until all work identified in the habitat assessment and mitigation plan 40 has been completed or the applicant has provided the necessary assurance device 41 in a form acceptable to the eityCity attorney that unfinished portions of the project 42 will be completed; " --A °s;41, Q'-4� �i 4r743. 43 44 M. Additional Information Required in Shorelines Jurisdiction. 45 In addition to the information required in Section K. above, Critical , 1 cas zpporks.:Inu t 46 assess compliance with Develo mRegulations...included in applicable sections of Cha ter Ordinance 3198 Exhibit A Page 51 of 79 1 6 Environmental Protection of the Cit 's Shoreline Master Pro ram. (Ord. 3062 §§ 9 — 11, 2 2011; Ord. 2899 § 1, 2005; Ord. 2319 § 1, 1992). 3 4 19.05.090 Critical area 3 — Frequently flooded areas and critical drainage corridors. 5 A. Purpose. 6 1. The ppMose of fVrequently flooded area re lation s ' c 7 t�uses1ew 8 MOP AW er+)i 9 �� sc n l ows- with i -r1 10 drainage do i n n tia ly nati t "- �fl � f 11 a i to safeguard the public from 12 threats to life or property associated with flooding; and to preserve the 13 natural function of floodplains and ef-A.'eal. lr . g �nsto store and 14 control flood waters, improve water quality and to provide for aquifer 15 recharge. 16 2. The purpose of critical drainage corridor regulations is to mitigate 17 flooding, drainaU erosion or sedirnentation problems that have resulted 18 or rnay result from the CUMulative impacts ofdevelopment and 19 urbanization. 20 21 B. Classification. The following areas are defined as frequently flooded areas or critical 22 drainage , s -corridors and are protected under this chapter: 23 1. Frequently flooded areas are those lands which can be expected to flood at a frequency of 24 once every 100 years, or which are subject to a one percent or greater chance of flooding 25 in any yearru tlieJFLhese areas Lure mapped by the,, Federal 26 Emergency Management Agency or -as especial flood hazards areas" indicated by Zolles 27 "A" or "V" on the the -National Flood Insurance Program's Maps including AE AO Al 1 28 Al -99 and VED or as determined and desi niated bv Public Works through basin 29 modeling studies. 30 21n it �,°,� .�, „ a s� d.. ;, . „ afnagrreasaris id' l-uli 31 wofk+-deparl ut regular flooding 32 a , - r -t flink i t . _odwie1 " i11 i rkt 33 ..si;tin a 34 a. Pri �'aal��i� i ...tnn ll th, safr�r aara11 i 35 faei &-ands e+ -i 36 b. Avaliffinld1 ; a 1a1 -laws, ` lati` .. 1 37 p�r-ogan-,,�t-and--stat Banc �s1hi 1�i� 38 progarys 39 e=1eft 1%g t11 sngt 1ee+c41al4y 40 inrersi9 1np 41 3. Critical drainage corridors (CDCs) are; character iced as a ear -round carts intermittent. 42 naturally flowing watercourse which exhibits but is not limited to one or more of the 43 followin characteristics: 44 a. A stream or watercourse formed by nature or modified by hutnaris• 45 b. Generally consisting of a defined channel with a bed for a substantial portion of its 46 len th oll the lot; acrd/or Ordinance 3198 Exhibit A Page 52 of 79 I c. Perched ponds, ravines or other natural drainage features, 2 4, Critical drainage corridors have been identified and mapped by the public works 3 ftartnient using the above criteria. 4 5 C. Regulated Development. 6 Unless specifically exern oted Linder Section 19'.05.040.1 PTMC, 7 1. All development proposals and alterations located within frequently flooded areas shall 8 be regulated under this chapter, as well as Chapter 16.08 PTMC, "Flood Damage 9 Prevention." 10 2. All development proposals and alterations located on a site within a critical drainage area 11 shall require the applicant to provide a survey of the centerline of a watercourse with the 12 application for development. The project applicant shall be required to indicate the 13 water-e(-RHtw-crifical draiiiagg corridor on the site construction plan (see reports and 14 surveys) and these areas shall be marked in the field prior to the pre -construction 15 meeting. Corridors shall be no less than 25 -feet on each side of the centerline of the 16 lowest point; the Director Of Public Works rnay require a larger corridor where warranted 17 by field conditions. 18 D. Performance Standards for Development. 19 1. Standards for EMuently Flooded Areas. 20 a. Where applicable, development shall comply with the requirements of Chapter 16.08 21 PTMC, "Flood Damage Prevention." 22 -2-. b. Development shall not reduce the effective base flood storage volume. With the 23 exception of marine waters cEffective storage eapacity-yplume inust be maintained or 24 mitigated in accordance with F. Mitigation and Compensation below. 25 di;ai*age-oor+idof-,-irehibited-. 26 3. Gr-iticaal- i44es sha44-bel*-oW wi inboupAar-ies-44-tese-afeas-. 27 4—.c.. For those basins within Port Townsend having no natural outlet, the 28 dimo4etDirector may choose to increase design standards as needed to protect eitizens 29 iEi 114 4 *t-� damages that may result due to the increased likelihood 30 of flooding. 31 2. Standards for Critical Drainage Corridors 32 a. F44-"e-of-c+.i+ieal-+lr-aidor.4t+iffoi:iiNtedAccess roads, trai l erossin s antil. 33 utilities may be allowed to cross critical drainage corridors where the Citv determines 34 that no other prac-ticable attemative exists and all unavoidable impacts arc fully 35 mitigated consistent with this cha tomer 36 b. No it or impervious surface is VgEnlitted within a critical drainagc corridor exe,ept as 37 outlined in subsection a. above. 38 5-.-c. No mechanized power equipment may enter or be used within a critical drainage 39 corridor without the t-x#tieiI--_written approval of the DSD dir-eeter-Director. 40 6A. Building pads share not be-�_permitted within a critical drainage corridor. 41 42 ap"s-seetion; MIM 43 e.8 -.Native and existing vegetation shall be maintained to the extent practicableossstiale. 44 45 E. Buffers and Setbacks. Buffers-w4l 46 i*tended to pfeleft­ both on site and o9site. Genemlly, Iluffer-s shoul Ordinance 3198 Exhibit A Page 53 of 79 1 notbe les, one, however, war- icre fr ucrat1 Clogded arc 5_c r r tic l �___ 2 d.rainagg areasverb. father critical areas the lar "er buffer shall a lam. 3 4 F. Mitigation or Compensation. 5 1. 6rading or- oth f -dl evelopment activities Y44eh-that would reduce the flood water 6 storage volume effectiveness shall be mitigated by creating compensatory storage on-site 7 if hydrologically feamle practicable and consistent with watershed functional priorities, 8 or, if allowed by the dint Director, may be created off-site, but within the same 9 drainage basin. 10 2. The applicant shall design such compensatory storage facilities to meet or exceed current 11 standards and design criteria contained or referenced in the eityCity's EDS manual. 12 3. The applicant shall provide a long-term maintenance plan for storage facilities. 13 4. If conditions warrant, the e-4yCity may be requested, or may choose, to take over long - 14 term maintenance of these facilities under appropriate legal agreements. 15 5. €or --If development activity is allowed under this subsection wi 16 the applicant shA� r4ntemust sign a "hold -harmless" agreement ind nnnif ry ng_wi it 17 the eityCity W 1i610,ilitt p+rrposesfrom claims related to the activity. 18 19 G. Special Reports. Unless otherwise waived by the Director Appfle nt 11 20 development p ea t sats or alterations located within frequently flooded areas and/or 21 critical drainage corridors shall require a resort: prepared' by a qualified consultant -a 22 r-eperA documenting that the proposed development w" t--er .. her -4hee 23 y-ir�dl er t�t1 ll OF U 24 c on-nects the Performance Standards for Development in 19.05.090D and where 25 impacts occur, impacts have been mitigated to ensure no net loss of critical area 26 functions. (Ord. 2899 § 1, 2005; Ord. 2535 § 5, 1996; Ord. 2319 § 1, 1992). 27 19.05.100 Critical area 4 – Geologically hazardous area. 28 A. Purpose. These critical areas are characterized by lot slope, soil type, geologic material, 29 and ground water whieh-that may combine to create problems with slope stability, 30 erosion and water quality during and after construction or during natural events such as 31 earthquakes or excessive rain -storms. They pose a threat to the health and safely cad 32 citizens when incjp 'atible devcic9merit is sited in areas of significant hazard, Such 33 incompatible development mpy 1, only a , e itself"at risk but also a may increase (lie 34 hazard to surrounding) deve�velo meet and use. The following regulations, in combination 35 with the performance standards for development, will guide development in these critical 36 areas. The purpose of these regulations is to maintain the natural integrity of geolo gig lam 37 hazardous areas and their buffers in order to protect adjacent lands from the impacts of 38 landslides, mudslides, subsidence, excessive erosion and seismic events, and to safeguard 39 the public from these threats to life or property. Construction in geologically hazardous 40 areas shou4d -ra eidedwill not be allowed when the potential risk to public health and 41 safety cannot be reduced to a level comparable to the risk if the site were stable. This 42 section acknowledges that some potential risk due to construction in these areas can be 43 reduced through appropriate site planning and structural engineering design. 44 45 B. Classification. Geo s sus • .� We -t -er sriraa" " 46 eal 11mliee�-"-h1th-and ��" Ordinance 3198 Exhibit A Page 54 of 79 2 3a @! d'- *e+ease-the The eit, i,- prene to ...ee pfinicafff 4 eee4o-&"a,--,aFds-.-Arcas in the getyCitY SLIsceptible to one or more of the followin 5 t pes of hazards shall be designated as a geologically hazardous area: 6 1 Erosion hazard; 7 2. Laridslide hazard; 8 3. Seismic hazard -- 9 4. Tsunami hazard. 10 C. fyi-ng Desi enation of Specific Geologically Hazardous Areas, C,,n4e",tfor-idem 11 geolegiei4y liav-ffAotB-areas-im-ttwAe4e4o4oww&. 12 1. Erosion Hazard Areas. Erosion hazard areas include areas likely to become unstable. Such 13 as b1tiffis, steep slopes, and areas with unconsolidated soils.,_.Any area containing soil or 14 soil complexes described or mapped within the United States Department of 15 Agriculture/Soil Conservation Service Soil Survey for Jefferson County as having a 16 severe to very severe erosion hazard potential; 17 2. Landslide Hazard Areas. Landslide hazard areas are are4s, pqtqntjAlIy_subiect to landslides 18 based on a combination of geologic, topographic, and hydrologic factors. They include 19 areas SLIsceptible because of any combination of soil, slope (gradient), slope as 12cctl 20 structure, hydrology, or other factors. F'I'Xqmples_0f these may include the folloLwiqg: 21 a. Areas of historic failures such as. 22 i. Those areas delineated by the USDA's Natural Resources Conservation Service 23 as having a "severe" limitation for building site development, 24 ii. Those areas mai A ped by Ecology (Coastal Zone Atlas) or Washington Depa m nt 25 _y_VpL� ��_L_qbL Q[.class, of Natural Resourcc§AA[21�jg. tabjlit m� ul, A init cilL 26 3). unstable old slides MOS or class 4), or unstable recent slides RJRS, or class 51: 27 iii, Areas desig-nated as landslides on maps published by the L)SGS or WDNR; o 28 iv. Areas maed in the Liquefaction Susceptibility Map of Jefferson Cq "nt 29 mpublished bv the WashiUton Department of Natural Resources. 30 b. Areas with all three of the following characteristics: 31 i. Slopes steeper than 15 percent; 32 ii. Hillsides intersecting geologic contacts with a relatively permeable sediment 33 overlying a relatively impermeable sediment or bedrock; and 34 iii. Springs or ground water seepage; 35 c. -Any area potentially subject to mass movement due to a combination of geologic, 36 topographic, and hydrologic factors, but not limited to those areas mapped or 37 described by the Soil Conservation Service, the Washington State Department of 38 Ecology, Department of Natural Resources or U.S. Geologic Service. These 39 classifications may be based on performance standards rather than mapping; 40 d. Any area potentially unstable due to or-fflibJeet-to erosion or sloughing as a result of 41 rapid stormwater runoff, soil saturation or undercutting by wave action; 42 e. Critical slqpes,,_Any slope of 40 percent or steeper that exceeds a vertical height of 10 43 feet over a 25 -foot horizontal run. 44 45 3. Seismic Hazard Areas. Seismic hazard areas are aAreas subject to severe risk of damage 46 as a result of earthquakes, slope failure, settlement, soil liquefaction or faulting. These Ordinance 3198 Exhibit A Page 55 of 79 1 areas are identified by the presence of poorly drained soils (greater than 50 percent silt 2 and less than 35 percent coarse material), loose sand or gravel, peat, artificial fill and 3 landslide materials, or soils with high organic content. 4 5 4. Tsunami Hazatrd. Areas. Tsunami hazard areas are coastal areas and large Lake areas 6 susce tible to flooding and inundation as the result of excessive wave action derived 7 from seismic ortIVg gcolo is events. These areas [lave been aria ed by WDNR. 8 ED. Regulated Development. 9 1. Seismic and tsunami hazard areas Develo lj�L qLproposalsin seismic hazard arc;as m 10 be allowed and the Director nigy waive the requirement for a critical areas permit iH PE) 11 4:een e-, 7gill-y--h � 12ited lfa+ctit s ! .. .0.1OC, prcvided the development 13 shall comply with the provisions of subsection E of this section.: 14 2. 1?n� tli.. e , ry development or alterations in st landslide, 15 erosion hazard OF liqUefdetiffli pf-One-areas or their associated buffers shall comply with 16 the provisions of PTMC 19.05.060 and standards included in subsection D -E of this 17 section. 18 19 DE. Performance Standards for Development. 20 1. Standards for Seismic Hazard Areas and Tsunami Hazard Areas. 21 a. Standards for development of structures and improvements in seismic or tsunami, 22 hazard areas shall be in accordance with the provisions of building and construction 23 codes as currently adopted by the c�City. No additional setback or other 24 requirements are necessary to regulate structural design. 25 b. Critical facilities shall not be located in seismic or tsunami hazard areas unless 26 mitigation leis provided diel -that renders the proposed development as stable 27 as if it were not located within a seismic/tsunami hazard area. 28 c, lluil itg pmlm is fc t; 9 welo hent within tsu ami hazard areas or tic uefactic tt rove 29 areas shall include a note indicating the Dlans are being made in a tsunami 30 hazard/Ii Liefaction prone area. 31 32 2. St s -Standards for Landslide and Erosion Hazard Areas. Development on teep 33 s w within landslide or erosion hazard areas shall comply with the following 34 performance standards:li erioa154 �: w dftefation 4tai 35 befl `f ft"O -. op enl. law4w 36 a. l .. -s-1ofaStorm-water Control. 37 all 38 landslide and erosion hazard areas, the applicant must demonstrate that the 39 temporary and final improvements to control runoff water quality, and erosion., 40 and sedimentation incorporate source controls best management practices, and 41 treatment and degradation controls that will not aggravate an existing problem or 42 cause a new problem to occur. 43 ii� Surface drainage shall be directed away f-om landslide and erosion hazard areas. 44 When no other solution is practicable, surface drainage pi in may be located on 45 the face of geologically Hazardous area when contained iretight lit q l sed., 46 nonleakin a i e and in such a way that erosion will not be exacerbated. Ordinance 3198 Exhibit A Page 56 of 79 1 b. Pi�ft=e&,tand,-a-r-d�,--tErosion Control. 2 i. Development within ef-di alsl mol i-i-"reF.a .. slaildslide and 3 erosion hazard areas shall require a, geJal_. c4i i al report specifying detailed 4 erosion control measures, which must be in place following the preconstruction 5 meeting and approved prior to clearing and grading. 6 ii. Clearing of vegetation is allowed only within the dry season (generally from May 7 1st through September 30th), unless specifically approved by the &e Director 8 where conditions warrant such an allowance and the risk of hazard is controlled; 9 clearing shall not occur until a permit or other written authority is obtained. 10 iii. The face of cut and fill on slopes shall be prepared and maintained to control 11 against erosion and instability through utilization of surface mulches or rapid 12 revegetation activities. 13 iv. The proposal shall not increase the rate of surface water discharge or 14 sedimentation and shall not decrease adjacent property slope stability. 15 c.i)rmaneL-81a+ ws-�r-1 i,,4 et -preservation of Vegetation. 16 i. Whenever feasib Practicable, existing vegetation in these areas should remain in 17 an undisturbed condition. If the area is unvegetated due to a previous disturbance, 18 immediate efforts may be required to provide a persistent native vegetative cover, 19 to prevent erosion or hazard. 20 ii. in order- To minimize impacts to critical areas and on-site vegetation, the City 21 may, re(Iuire Wit + „w �h� d be �e rin a la�°�s to be 22 designed to minimize impacts to soil and understory vegetation by providing for 23 sequencing and staging•—wh uprate. 24 d. Development Design. 25 i. All development proposals shall be designed to minimize the footprint of building 26 and other disturbed areas within theme r- y ep lpe landslide or erosion 27 hazard areas. Common access drives and utility corridors are required where 28 f p. a,gicablg; and 29 ii. All development shall be designed to minimize impervious lot coverage (e.g., 30 under structure parking, multilevel structures, etc.); and 31 iii. Structures shall be clustered where possible to reduce disturbance and maintain 32 natural topographic character; and 33 iv. Structures shall conform to natural contour of slope and foundations should be 34 tiered where possible to conform to existing topography of site; and 35 v. Roads, walkways and parking areas should be designed to parallel the natural 36 contours; and 37 vi. Access shall be in the least sensitive area of the site; and 38 vii. Construction of private or public utility corridors may be allowed in land -slide 39 and erosion hazard areas only when no viable alternative exists; provided, that a 40 special study acce . ted by the Director, concludes the development will not 41 increase the risk of landslide or accelerated erosion. 42 e. Landscaping Design. 43 i. A site mitigation plan shall be prepared in accordance with PTMC 44 19.05.060(D)(6), unless (wse-_waived by the all -r. e Director. 45 ii. The disturbed area of a development site shall be landscaped to provide long-term 46 erosion control. Ordinance 3198 Exhibit A Page 57 of 79 1 iii. Landscape plantings should encourage the use of drought -tolerant native 2 vegetation such as those described in the Department of Fish and Wildlife's 3 "Plants for Wildlife in Western Washington." 4 iv. All landscaping must be completed in landslide --and erosion hazard areas and 5 1teep slopes before a development will receive a final inspection. 6 f. Additional standar- s -Standards for ge ' 11 l zai°d a -s- 1ppe-s area Landslide 7 Areas as de ned In stibsee-fi -44lSsp-g-fi n: 8 i. All proposed development on geologically hazardous areas and marine bluffs 9 greater than 40 percent that exceed a vertical height of 10 feet and their required 10 buffers shall be prohibited, except if allowed under PTMC 19.05.040(EB) and 11 (%), or for minor development to provide public access (e.g., public trails, stairs 12 or view points); ��the s ccial study concludes that dohi , so would not result. 13 in an increased risk to peopl • oro. + 1 or ins acts to environmental processes. 14 ffl'e+*eaR7be ' 4. - e 15 &a-fe 16 ii. Marine Bluffs. A gwow��� - � CoA �ta�cial study shall be required for all 17 proposed development occurring within the "marine bluff management zone", as lit and defined from the to othe slo: f es 18 �ctate ' t.' ebluff..m.:.. � �.......: Bluff Height Marine Bluff Management zone .................... Less than 10 feet No management zonemmmmm mmmmmmmmmmm ......... m10mm-m 50 feet 50 -foot management zone 51 —100 feet Equal to the height of the bluff Greater than 100 100 -foot feet .............. w.........................._........................._ 19 20 Figure 19.05.100(A) Marine Bluffs. MARINE BLUFF MANAGEMENT ZONE = X Ordinance 3198 Exhibit A Page 58 of 79 0- 10 FEET X = NO MANAGEMENT ZONE 10-50 FEET X = 50 FEET 51 - 100 FEET X = EQUAL TO HEIGHT OF THE BLUFF GREATER THAN 100 FEET X = 100 FEET 2 iii Inland Batiks. All proposed development occurring within 50 feet of the top of an 3 inland. -geologic ;gots slope classified as a landslide or erosion 4 hazard arca (i -n :. o� a -r 40. 5 per-ee4-that-exeee&moi 1s1- shall require preparation 6 of a #e(-Aec4uHea-kvpor4specia1 study. This area shall hereinafter be referred to as 7 the "inland bank management zone." 9 lLj&)Lcre 19.05.100(B) Inland 13ank,s: Ordinance 3198 Exhibit A Page 59 of 79 INI ANSI RANK MAWM',PKAr.N�T 7nNF 1 L®LLL. 2 iv. Within the marine bluff and inland bank management zones set forth in this 3 section, a buffer shall be established and maintained as set forth in subsection E—F 4 of this section. 5 v. Alterations occurring within 25 feet of the toe of s4eep-landslide hazard 6 arcasslopes must conform to specific recommendations in 7 the georte hnielip m°tspecial stud. 8 g—.--&'uffaee drainage shall reeted away from--pesge1 1 &&iew;ds-areas: 9 Nv1len... ; . 1 f 10 11 rsime-xac-> 12 l -F. Buffers and Setbacks. 13 1. Licensed Engineering Geologist Recommends Buffer Subject to Minimum. Within the 14 management zones established for marine bluffs and inland banks under subsections 15 (EP)(2)(f)(ii) and (iii) of this section, the buffer width shall be established by an 16 approved geoteeliiiieal poi45mpecial study prepared by an engineering geologist with a 17 Washington specialty license in engineering geology as specified in Chapter 18.220 18 RCW. The report shall be based upon the best available science, existing and proposed 19 uses, risks of slope failure, and coastal erosion rates, if applicable. The recommended 20 buffer shall be based on site specific conditions and proposed design._, howe�iIn no 21 case shall the buffer be less than the minimum buffers established by this section and/or 22 the Shoreline Master Program as applicable. 23 2. Minimum Buffer for New Land Division. Unless otherwise excepted in subsection 24 (RF)(3) of this section, for new short plats, subdivisions, binding site plans, and PVDs, a 25 minimum buffer of 50 feet shall be provided from the edge of all marine bluffs, and 25 26 feet from inland banks; provided, that a reduction in the required buffer width to a 27 distance equal to the height of the slope may be permitted when the ial. 28 stm_ _ � eeh. of concludes that doing so would not result in an increased risk to 29 people or property or impacts to environmental processes. Erosion rates measured over 30 at least a 75 -year period) shall be evaluated in any geeteeliffieal 31 feport special study recommending a buffer width less than the applicable minimum. 32 Under no circumstance may the buffer width for a marine bluff be less than a distance 33 equal to the sum of the bluff erosion rate over at least 75 years plus 20 feet from the crest 34 or 10 feet From the toe, (Also see PTMC 19.05.060(D)(3), New Short Plats, Binding Site 35 Plans, and Subdivisions — Building Pad.) Ordinance 3198 Exhibit A Page 60 of 79 1 3. Minimum Buffer for Existing Lots and Infill Subdivisions. For existing lots, and infill 2 subdivisions creating no additional waterfront lots, a landslide hazard 4 jests area, buffer less than that required for new subdivisions 4 under subsection (EF)(2) of this section may be permitted to allow development of a 5 single-family residence; provided, ta if the ge,,.--;I,+n-iilel-fepoftspeciaI study concludes that doing so would not result in an increased risk to people or property or impacts to 7 environmental processes. Additionally, for proposals within the shoreline jurisdiction, in 8 no ease shall the reduced buffer width shall not be less than a distance equal to the sum of the bluff erosion rate over at least 75 years plus 20 feet from the crest; or 10 feet from the 10 sides and the toe of a marine bluff (DR 6.8.1 of the Shoreline Master Program). (Also see 11 PTMC 19.05.060(D)(3), New Short Plats, Binding Site Plans, and Subdivisions — 12 Building Pad.) 13 4. Building setback lines shall be measured from the outsideed ae p f rec uircd butTers and no 14 setback shall be less than 1.5 feet from an established marine bluff or inland bank buffer, 15 4-5-. 1� 4o-sati l" - an tKl�k a �r ent'rof his -6 h.elon, the lm 16 dont-yard-sotbac-lis,. s l owe 17 17. 16 11 10 to a d ' ^s �9 ial4mt 1.8 : t Slopes' Tide" or-tio�� 19 5. Remodels and/or additions to nonconforming structures (including new decks) shall be 2.0 subject to the following: 21 a. A minor remodel or addition that neither changes an existing foundation line (i.e., no 2.2 site alterations) nor increases the existing square footage of a structure by more than 23 25 percent shall not require mview-al preparation of a fxeoteel+ni s e ial 24 study; 25 b. A remodel or addition that involves site alterations whieh4s-wo+l with an 26 estimated cost of less than 50 percent of the market value of the existing structure 2.7 shall require preparation of a i -rvpo pecial study, and shall be 28 conditioned to locate new improvements away from identified hazard areas; 2.0 c. A remodel or addition that involves site alterations and whi4i-i-s-woi hwith an 30 estimated cost of -50 percent or more of the market value of the existing structure 3.1 shall be subject to the requirements applicable to new development. Such proposals 32 shall also meet the view protection standards of the SMP. 33 6. Except as otherwise specified, buffer zones shall be retained in their natural condition. 34 Where buffer disturbance has occurred during construction or in violation of this chapter, 35 revegetation with native vegetation will be required unless the di ' ° rDirector approves 36 a substitute vegetation with the same or better mitigation characteristics. tw% 38 EG. Special Reports. For geologically hazardous slopes, erosion hazard areas, and landslide 39 hazard areas, unless waived by the Director, a geotCA M4 besir w 40 e44 Wzar : . 0 s r � s az�c s ori t t wily 1 41, .° °-this- ept r: licensed en . ineerin Bolo istt shall complete a field investi ation. 42 and aeolo gical ass s n-ent to determine whether or not the site fol hg mrosed actives, 43 located within 200 feet of the geologic hazard. The geological assessment shall be submitted in 44 the most applicable form as follows: 45 1 A geological letter. Whenthe,geologist or geotechnical professional finds that no hazard 46 area exists within 200 feet of the site a Stam ed. letter may be submitted denionstratin), those Ordinance 3198 Exhibit A Page 61 of 79 1 find 2 2. Acolo tical re ort. When the aeolo ist finds that a geologically hazardous area exists 3 within 200 feet of the site but will not impact the site or need engineering design 4 recommendations; __ 5 1 A leotcchnical re ort. When the licensed engineering geologist Ends that,eolog.5 6 hazardous area exists within 200 feet of the site and will require engineering deli gin. 7 recommendations or other mitigation inea, sures necessary in order to construct or develop 8 within the P-coloaically hazardous area. The report shall be stam ed and sned b the LEG 9 and co -sealed by an engineer who has a valid Washington State Engineering license as 1.0 specified in Chapter 18.43 RC:W witli aro riate trainin a and ex erience for the proposed 11 en ,inecred design mitigation. For engineered mitigation measures on marine shorelines the 1.2 cri,ence in coastal processes. 13 -(Ord. 3062 §§ 12, 13, 14, 2011; Ord. 2982 §§ 15, 16, 2008; Ord. 2899 § 1, 2005; Ord. 2867 § 2, 14 2004; Ord. 2319 § 1, 1992). 1.5 16 19.05.110 Critical area 5 — Wetlands. 17 A. Purpose. end-idw rhar�x� situ mart 18 pl-A—P adr dna hit i t er str a4a i th r -)r 19 g -iia tF qualit"I"toraffiWatef 20 e0n!fe1 �i nc fi r -hi 21 lae" "Ideseiafl 22 tia e are s, th V egL&11�r,6,0*t l A- -': pn n ems " l 23 an�dih th a adds w1�he purpose of these regulations 24 is to protect the public from harm by preserving the functions of wetlands and streams as 25 recharge for ground water, flood storage, floodwater conveyance, habitat for fish and 26 wildlife, sediment control, pollution control, surface water supply, aquifer recharge and 27 recreation. 28 29 B. Classification. 30 1. Designated wetlands are areas that are inundated or saturated by surface water or ground 31 water at a frequency and duration sufficient to support, and that under normal 32 circumstances do support, a prevalence of vegetation typically adapted for life in 33 saturated soil conditions. Designated wetlands generally include swamps, marshes, bogs, 34 and similar areas. Designated wetlands do not include those artificial wetlands 35 intentionally created from nonwetland sites, including, but not limited to, irrigation and 36 drainage ditches, grass -lined swales, canals, detention facilities, wastewater treatment 37 facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 38 1990, that were unintentionally created as a result of the construction of a road, street, or 39 highway. Designated wetlands may include those artificial wetlands intentionally created 40 from nonwetland areas to compensate for wetland impacts, including conversion of 41 wetlands. 42 2. Designated wetland areas have been identified by: 43 a. U.S. Fish and Wildlife Services National Wetlands Inventory; 44 b. Wetlands identified within the land use/land cover inventories of the Department of 45 Ecology Coastal Zone Atlas; 46 c. Department of Ecology Washington Coastal (Floating) Kelp Resources; Ordinance 3198 Exhibit A Page 62 of 79 d. Hydric soils, soils with significant soil inclusions, and "wet spots" identified within 2 the Jefferson County soil survey; 3 e. City of Port Townsend inventories and delineations, existing and as hereinafter 4 amended. 5 3. For the purposes of a general inventory, wetlands will be defined in accordance with the approved federal wetland delineation rrua1a;rud q oficable regional sLi�m nts. usi 7 he Was'"nton ski4e WOW 8 pollieat:....4; al'otedaler 9 4. Wetlands shall be rated according to the Washington State Wetland Rating System for 10 Western Washington (200Q014) or as revised by Ecology. 44his 11 definitonsTdfor- g4t ow-me-Mintmp 12 13 diT renttat w ds Wa ri gto a," #h eti 4 "err hand„ SigHifieffilee,their, and the 15 1he`Y 7Pr wkg., ha"ri, 6 a. Category I. Category I wetlands are: 17 i. Relatively undisturbed estuarine wetlands larger than one acre; 18 ii. Wetlands that are identified by scientists of the Washington Natural Heritage 19 Program/DNR igh quaMy ,.e e4am s as wetlands of"high conservation value; 20 iii. Bogs lige- one -hal -f-:; 21 iv. Mature and old growth forested wetlands larger than one acre; 22 v. Wetlands in coastal lagoons; and 23 vi. Interdunal wetlands that score 8 or 9 points for habitat and are larger than one 24 acre; and 25viii. Wetlands that row a y 1't oeti+ s yell eti+ os a ls.. 26 georing.score 23 points or more on the questions relating to functions. These 27 lose "4�h� `�l�se� t i r -r � ate; -or-(- 28 c or s r� t"o " stywefland,s, 2.9 Mt�r 30il4ov I1eti;s: 31 b. Category 11. Category II wetlands are: 32 i. Estuarine wetlands smaller than one acre, or disturbed estuarine wetlands larger 33 than one acre; 34 ii. Wetlands that perfem f6netj „n vell ­eorinocore between 20-22 points on the 35 questions related to the functionspresent; or 36 ii.-..,��flan,a 1e �tateU esou37fees 38 �ai....�g het aarerrone ez; 39 Viiii. An4Interdunal wetlands larger than one acre and that score 7 or lower for 40 habitat or those fowid in a mosaic of wetlands and dunes larger than one acre -,-of 41 v—,—Its Clod y -ll -1 lets 42 c. Category III. Category III wetlands are: 43 i. Wetlands with a moderate level of functions (scores between 39-16 and -59-19 44 points) and 45 ii. Interdunal wetlands between one-tenth of an acre and one acre in size. Wetlands r 46 se etw .ld_S otnrt ck1jrFne Ordinance 3198 Exhibit A Page 63 of 79 1 w&ys;„ -af „A e., t & s 4 c , ersFinE e4 s��kated fr-E F cl ;k lea ttt6e"- 2 I ind pe haute .y 4 -1 --wetlands: 3 d. Category IV. Category IV wetlands have the lowest levels of functions (scores less 4 than 30716 points) and are often heavily disturbed. These are wetlands that are 5 capable of being replaced, and in some cases improved. However, experience has 6 shown that replacement cannot be guaranteed in any specific case. These wetlands 7 may provide some important functions, and should be protected e e. 6 9 C. Regulated Development. 10 4-. fe0 t =y -p ay . ,wellands will beto a r ..� �p .�.._ c� 1.1 a4 -w -- 1 -int' mn l an"I a "° ,° s 12� ldenilat ie 1e die e� eadtn 1.3 1 9 „_ tn� . - 173 22 0 90'. ggs amen 1:4 21. Regulated wetlands include all Category I and II wetlands, and all Category III and IV is wetlands Wig° an ., .®sq, of atw. . 1.6 -32. Regulated wetlands do not include those artificial wetlands intentionally created from 1.7 nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass -lined 1.8 swales, canals, detention facilities, wastewater treatment facilities, farm ponds and 19 landscape amenities, or those wetlands created after July 1, 1990, that were 20 unintentionally created as a result of construction of a road, street or highway. These 2.1. wetlands are considered to be facilities and require maintenance. At such a time when 22 these facilities are not maintained for a period of more than five years, yet still retain 23 wetland characteristics, they revert to regulated wetland status if they meet the 2.4 parameters of the regulated wetland definition. 26 43. If a wetlands delineation is required, it must be conducted by a qualified (wetlands) 26 critical areas pWfla;-consultant in accordance with the � �r���ecl 1 ticra wet�ar�d 27 delineation manual and applicable regional sLipplements. Wariton tt1 28 1de rtif e E4 tie undo i to Msn 1 1 0 94 adopted-tmd f 29 WAS '71 12 30 a. Prior to construction, the applicant shall mark and provide a certified survey for the 31 edges of the wetland on the site. See PTMC 19.05.040(F-E)(1)(h). 32 b. Where the applicant has provided a delineation of the wetland boundary, the 33 d4eelof Director shall verify the accuracy of, and may render adjustments to, the 34 boundary delineation. In the event the adjusted boundary delineation is contested by 35 the applicant, the dir-ec- rl)irector shall, at the applicant's expense, obtain expert 36 services from a third party (sty r ldeeers,I he siate 37 Depar-tuentlegy= est _ to render a final delineation. 38 c. The° t Director, when requested by the applicant, may perform the delineation 39 in lieu of delineation by the applicant. 40 i. The direeterDirector shall consult with qualified professional scientists and 41 technical experts or other experts as needed to perform the delineation. 42. ii. The applicant will be charged for the costs incurred. 43 D. Performance Standards for Development. 44 1. Activities and uses shall be prohibited in wetlands and wetland buffers, except as 45 provided for in this subsection. A critical areas re ortuna bei required t srIp In the 46 requc; ted activity --and, where impacts cannot be avoided, initigation :provided in Ordinance 3198 Exhibit A Page 64 of 79 1 accordance with this section.D 1tli ti. 2 2. Category I Wetlands. Activities and uses that result in alteration of Category I wetlands 3 and their buffers shall be prohibited . m Category I weflands and t ei. %A except as 4 provided for in !dx ni do PTMC 19.05.040(EB), f?�ti,ons 19.05.050EB£+and 5 subsection (D)(5) of this section. 6 3. Category II and III Wetlands. For Category II and III wetlands and their buffers, the 7 following standards shall apply: 8 a. Water dependent activities may be allowed where there are no practicable alternatives 9 that would have a less adverse impact on the wetland, its buffers and other critical 10 areas, and where the use meets the intent of this chapter. 11 b. �"�1`:on_water-dependent activities a 12 nefft4oeation �8_4.h-ies and uses shall be prohibited unless 13 the applicant can demonstrate that: 14 i. The basic project purpose cannot reasonably be accomplished on another site or 15 sites in the general region while still successfully avoiding or resulting in less 16 adverse impact on a wetland; and 17 ii. All on-site alternative designs that would avoid or result in less adverse impact on 18 a wetland or its buffer, such as a reduction in the size, scope, configuration or 19 density of the project, are not feasible. 20 21 Full compensation for the loss of acreage and functions of wetland and buffers shall 22 be provided under the terms established under subsection F of this section. 23 24 4. Category IV Wetlands (Except Hydrologically Isolated wetlands see Section 5). 25 Activities and uses that result in unavoidable impacts may be permitted in Category IV 26 wetlands and associated buffers in accordance with an approved critical area report and 27 compensatory mitigation plan, and only if the proposed activity is the only reasonable 28 alternative that will accomplish the applicant's objectives. Full compensation for the loss 29 of acreage and functions of wetland and buffers shall be provided under the terms 30 established under subsection F of this section. 31 32 5. -5. - Exern turns from Avoidance Requirement, The Director may exempt the 33 following wetlands from the requirement to avoid impacts 19.05.060 A and they in 34 be filled iftheiiLq qrg_fully mitigated based on subsection 1-12(b)( c) of this section. 35 If available im acts should be mitigated through the purchase of credits from an in -lieu 36 fee program or mitigation bane_ .In order to verifv the foljowing qridit n a cz°itical 37 area report for wetlands meeting_the requirements of this Cha ter must be submittedp 38 a. All isolated CC�ateggrV wetlands less than 4000 qqg let in area that: 39 i. Are not associated with riparian areas or their buffers;, 40 ii. Are not associated with shorelines of the state or their associated bUf fc 41 iii. Are not part of a wetland mosaic,• 42 iv, Do not score 5 or ino, re oints for habitat function based on the 2014 update to the 43 Washington State Wetland Rating System for Western Washington: 2014 Update 44 (Ecoloav Publication # 14-06-029 or as revised and a0moved by lzcolo 45 v. Do not contain a Priority I-Iabitat or a Priority -Area Ior aftiority S iecies 46 identified by the Washin toy n Department of Fish and Wildlife do not contain Ordinance 3198 Exhibit A Page 65 of 79 federally listed species or their critical habitat, orspecies of local importanc identified in PTMC 19,50,0 11 4 b. Wetlands less than 1,000 square feet that meet the above criteria and do not contain 5 federallv listed species or their critical habitat are exempt from the buffer provisions 6 in I At L, §-�1 14- pic—r . 8 6. Stormwater Management. The following surface water management activities may be 9 allowed only if they meet the following requirements: 10 a. Category 1, 11, 111, and IV wetlands and buffers may be used for regional 11 retention/detention facilities only when all applicable requirements of the EDS 12 manual are met, the use will not adversely affect the rating or the factors used in 13 rating the wetland, the proposal is in compliance with the management guidelines set 14 forth in the 200444epaA*wfft-e��' ic-(&gy-Stormwater Management Manual feF 15 ern Alashflffi ��� a �4A"1111 and there are no significant adverse I 16 impacts to wetland resources. 17 b. New developments cannot use existing wetlands for surface water discharge unless 18 the wetlands are protected by upstream pretreatment facilities that demonstrate 19 runoff, erosion, water quality, and sedimentation control. 20 c. New surface water discharges to wetlands from detention facilities, presettlement 21 ponds, or other surface water management structures may be allowed; --vii 41-4 22 the discharge does not increase the rate of flow nor decrease the water quality of the 23 wetland. 24 d. Wetlands shall not be used for stormwater management purposes only for individual 25 properties. Wetlands used for retention/detention facilities shetA&must serve as 26 neighborhood or regional facilities. 27 e. Use of wetland buffers for stormwater management facilities such as 28 retention/detention facilities or energy dissipaters may be allowed only if the 29 applicant demonstrates: 30 i. No practicable alternative exists; and 31 ii. Facilities are limited to dispersion outfalls and bioswales located, to the extent 32 practicable, in the outer 25 percent of wetland buffers; and 33 iii. The functions of the buffer or wetland are not adversely impacted. 34 35 E. Trails and Trail -Related Facilities. Construction of public and pqblicly-accessible 36 private trails and trail -related facilities.(�. . Ln he gqd viewina, vlatforms), may be -C 37 allowed in wetlands or wetland buffers p .LoyLjdq.d such facilities shall meet all of the 38 following criteria: 39 1. Trails and related facilities shall, to the extent practicable, be placed on exigLngroad 40 grades, utility corridors, or any other pjqyjqjjAy disturbed areas. 41 2. Trails and related facilities shall be planned to minimize removal of treessoil 42 diStUrbance and existing hydrological characteristics, shrubs, snags and Lnip�gLrtanj 43 wildlife habitat. 44 3. Viewina, olatforms, interpretive centers, benches and access to them, shall be designed 45 and located to minimize disturbance of wildlife habitat and/or critical characteristics of 46 the affected wetland. Platforms shall be limited to one hundred square feet in size, unless Ordinance 3198 Exhibit A Page 66 of 79 1 demonstrated through a wetland iEjIigqfi2n_pIqn.Lhat�Llgge rLL(,,tut:e ill not pest & i a �_LsL __—p 2 net loss of wetland functions. 3 4. Trails and related facilities s]4all_gqnerallv be located outside required buffers. Where 4 trails are pennitted within buffers they shall be located in the outer 25% of the buffer 5 exqfLpLw-hgL wetland crossings or for direct access to viewing areas have: been approved 6 by the Department. 7 5. Trails shall generally be limited to pedestrian use unless other more intensive qsg,...! LIJI 8 as bike or horse trails, have been specifically allowed and mitigation has been provided. 9 Trail width shall not exceed five feet unless there is a demonstrated need, subject to 10 review and approval by the qment.FraiIs dnaa shall be constructed with L)ervious ' 11 materials exce,, t where determined impracticable. 12 13 F. Utilities. Unless otherwise F.xgMpLper Section 19,05.040B, placement of utilities under a 14 wetland or within a wetland buffer may be allowed when noreasonablealternative location is 15 available provided that: 16 1. E"titrance/exit portals are located outside of the wetland buffer boundary to the extent 17 practicable; and 18 2. Drilling does not internalt the ground water connection to the wettand or percolation . . ........ 19 of surface water down through the soil column. Specific studies by a hydEglogist are 20 tiecessaEy to determine whether the ground water connection to the wetland or 21 percolation of Ali-fitce water down through the soil column is disturbed. 22 3e,. New utility corridors shall be revegetated with appropriate native ..vggetation at not 23 less than preconstruction densities or greater irnniediatelI on com let .on of 24 const ruction, or as soon thereafter as possible if due to seasonal growing constraints, 25 The utility shall ensure that such vegetation survives; 26 d4. The utilitys tects the 27 regulated wetland and buffer environment. Measures may include but are not limited 28 to: S 29 affray painting or sandblasting of utility equipment may only be allowed if 30 aero -Iiatq containment measures are used. Lead-based paints shall not be used. 31 b. N ) vesticides herbicides or fertilizers may be used in wetland areas or their 32 buffers except those approved by the U.S. Environmental Protection Agenc 33 (EPA) and Was-laiDLtqiI Dep rtment of E'co--L WLqrc aploy proved, Federal, State, qg.— -,— 34 and local regulations of pe.sficjcjcs and water Ayq1ilyjRqq_hgJhtl2Aed inch�din 35 requirenients for pesticide R) , Licator lice.11silig.-fironi tlic-WashjqL 'it(q11 State -- 36 Department ofAgriculture. 37 38 -EG. Buffers and Setbacks. 39 1. Wetland buffers shall be measured perpendicularly from the wetland boundary as 40 delineated in the field (see the approved federal wetland delineation manual and 41 applicable rc,.ional su �IcnientsW-"'4wgto"+ate Wei land-Ident: I'A-Iiiwatioil 42 01,41; unde- I ' I ' I ' ' G' 173 22 0 43 2. Buffers shall be required to protect important wildlife habitat and wetland features, 44 values and functions from the adverse impacts of adjacent land uses. 45 a. The width of the buffer zone shall be based upon wetland category, intensity of 46 impacts, and wetland functions or special characteristics, as set forth below: Ordinance 3198 Exhibit A Page 67 of 79 ......._... ......... ... ....... ......... ........................................... Table _. 19.05.110 A Buffer Widths ........_._.........- .............. Wetland Characteristics Characteristics ::.:..... .:.::::....:. Buffer Widths by Impact of Other Measures (Note: If multiple Land Use Recommended for characteristics are present, (Note: The most protective Protection the most protective buffer width applies) buffer width applies w.... Category I Wetlands ......................... ��� - Low - 125 feet No additional discharges of We Wetlands of High Moderate - 190 feet surface water; no septic Conservation Value High - 250 feet systems within 300 feet; restore degraded parts of Bogs .....�.�...�..__.mm.mmmm�.................... �............... Low - 125 feet .buffer................................._...................................._ No additional surface Moderate -190 feet discharges; restore degraded Highmmmmmmmm250 feetm of buffer. Forested Buffer size to be based on ..parts If forested wetland scores score for habitat functions or high for habitat, need to water quality functions. maintain connectivity to other natural areas; restore degraded parts of buffermmmmmmmmmmmm... Estuarine Low - 100 feet Reserved. Moderate - 150 feet Hi..h�.�.200 Wetlands in Coastal Lagoons wfeet........................�.�.�.�.�........._.._....w... Low - 100 feet �d- dd .... dw.............�dd...�ddddddd....�dddddddd-. Reserved. Moderate - 150 feet High - 200 feet High level of function for Low - 150 feet Maintain connectivity to habitat (score for habitat 218- Moderate - 225 feet other natural areas; restore 39 points ................................... High 300 feet ...... - degraded arts of buffer. Interdunal wetland with hi h Low - 150 feet Maintain connectivity to level of function for .... ........ degraded arts of buffer. Reserved. score for habitat 8-9 points) Hi h - 300 feet Low 75 feet_.............._...._............. Moderate level of function for habitat (score for habitat Moderate -110 feet 2S-7 points) High 7150 feet High level of 1`tinction for Low - 50 feet Reserved. water quality improvement Moderate - 75 feet (8-9op ints,) and low for High -100 feet less than 5 points IThabitat Not meeting the above Low - 50 feet Reserved. characteristics Moderate - 75 feet High- �_.._ ..100 feet Category II Wetl..�............_....._ _... may- ands w -- High level of function for Low - 150 feetw l Maintain connectivity to habitat score for habitat 238- Moderate 225 feet _..m wother natural areas. Ordinance 3198 Exhibit A Page 68 of 79 36�9 points) High — 300 feet _....._._ ............. ..__.._ Moderate level of function ... .......... .............. ...................... ....... Low — 75 feet __ _..........................�........ Reserved. for habitat (score for habitat Moderate — 110 feet 285-2�7 points) .—. — ......._. High — 150 feet ��.� � .. .... High level of function for Low — 50 feet No additional discharges of water quality improvement Moderate — 75 feet untreated runoff. and low for habitat (score for High — 100 feet water quality 248-32-9 points; habitat less than 20-5 oints) Estuarine Low — 75 feet Reserved. Moderate — 110 feet Hi h —150 feet Wetlands in Coastal Lagoons Low — 75 feet Reserved. Moderate — 110 feet High — 150_ feet _..�_ Interdunal ....___.._______......_____._........._..__......... Low — 75 feet _._............... Reserved. Moderate— 110 feet High -150 feet Not meeting above Low — 50 feet Reserved. eriteriacharacteristics Moderate — 75 feet High — 100 feet Category III Wetlands _._—....... — �ww_.w Moderate level of function Low 75 feet Reserved. for habitat (score for habitat Moderate — 110 feet 295-29-7 points) High — 150 feet .�....�. ct- ' Low — 40 feet ee ......_.....—......_....._...........Reserved. eriteriaScore for habitat 3-4 Moderate — 60 feet op ints High — 80 feet .. .-......................................................................................................... ww......................................................................................................................................... Cate....or........IWetlands _......._............... ..... -.-RL ...............____..__......__W.....�._____W................__..........�. _..�. Score for all 3 basic Low — 25 feet Reserved. functions less than 30-16 Moderate 40 feet oints Highmmµ-mmm50 feet 1 See also PTMC 19.05.110(E)(5), (6) and (7) for provisions relating to increased and decreased 2 buffer widths and buffer width averaging. 3 b. Land use intensity (i.e., low, moderate, high) shall be determined using the table set 4 forth below: Land Use Impacts and Intensitv Levels Level of Impact from Proposed Use Types Proposed Land Use High • Commercial, including retail sales 0 Industrial 2 3. Any wetland created, restored or enhanced as compensation for approved wetland 3 alterations shall also include the standard buffer required for the wetland category. 4 4. Increased Buffer Zone Widths. 5 a. The d f- Directot may increase standard buffer zone widths on a ease by ease, 6 si4e-speeifi-re case -b case basis when the Director determine a' i� e-bWer-4s 7.ss. , a .. 8 b..... =hi r es �1 � � pro u� � - i�ha 9 rs�lell trt me f d f�s�lues t�Ited-tlad 10 e7 -& .1 h aillbe all.'ate -- �� eofi ition a • s onstmt -that: f�-c�"r- n-rraca-cazu-� l�-d�i 11 ia. A larger buffer is necessary to maintain viable populations of existing species; or 12 iib. The wetland is used by species proposed or listed by the federal government or 13 the state as endangered, threatened and priority species, or having outstanding 14 potential habitat for those species, or having unusual nesting or resting sites such 15 as heron rookeries or raptor nesting trees; or 16 i4c. The adjacent land is susceptible to severe erosion and erosion control 17 measures will not effectively prevent adverse impacts; or 18 i-vd. The adjacent land has minimal vegetative cover or slopes greater than 15 19 percent. 20 5. Reduced Buffer Widths. 21 a The difee4offfirector may reduce the standard buffer width on a case-by-case basis to Ordinance 3198 Exhibit A Page 69 of 79 • Institutional • Residential (more than 1 d.u. per acre) • New agriculture (e.g., high-intensity such as dairies, nurseries, greenhouses) • High intensity recreation (e.g., golf courses) • Moderate W • Residential (1 d.u. per acre or less) • Moderate -intensity open space (parks) • New agriculture (moderate -intensity such as orchards and hay fields) • Paved trails • Litili,ty corridor or right-of-wLay right-of-wayshared b several utilities and includin ............................................. access/maintenance road. Low ... 0Forestry • Low -intensity open space (such as passive recreation and natural resources preservation) • Unpaved trails • Utility corridor without a maintenance road and little or no vegetation nianaeraent. 2 3. Any wetland created, restored or enhanced as compensation for approved wetland 3 alterations shall also include the standard buffer required for the wetland category. 4 4. Increased Buffer Zone Widths. 5 a. The d f- Directot may increase standard buffer zone widths on a ease by ease, 6 si4e-speeifi-re case -b case basis when the Director determine a' i� e-bWer-4s 7.ss. , a .. 8 b..... =hi r es �1 � � pro u� � - i�ha 9 rs�lell trt me f d f�s�lues t�Ited-tlad 10 e7 -& .1 h aillbe all.'ate -- �� eofi ition a • s onstmt -that: f�-c�"r- n-rraca-cazu-� l�-d�i 11 ia. A larger buffer is necessary to maintain viable populations of existing species; or 12 iib. The wetland is used by species proposed or listed by the federal government or 13 the state as endangered, threatened and priority species, or having outstanding 14 potential habitat for those species, or having unusual nesting or resting sites such 15 as heron rookeries or raptor nesting trees; or 16 i4c. The adjacent land is susceptible to severe erosion and erosion control 17 measures will not effectively prevent adverse impacts; or 18 i-vd. The adjacent land has minimal vegetative cover or slopes greater than 15 19 percent. 20 5. Reduced Buffer Widths. 21 a The difee4offfirector may reduce the standard buffer width on a case-by-case basis to 4 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Ordinance 3198 Exhibit A Page 70 of 79 a width of no fewer than 25 feeta le�mlir wl u =fe ed ermined by when the erDirector determines p s iant toG-19 I y wheft- ewh" that: ai-. No direct, indirect, short-term, or long-term adverse impacts to regulated wetlands will result from the proposed development activity; or bii. The site is extensively vegetated and has less than 15 percent slopes; or ciii. The project contains provisions to enhance buffers using native vegetation which will provide additional protection for the wetland's functions and values. In any ea.se,-br ffem-s4. o . ed+me Uant t 1C 4 9 0�0%:. 6. 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: ia. That width averaging will not adversely impact the functions and values; and iib. That the total area contained within the buffer after averaging is no less than that contained within the standard buffer prior to averaging; iiic. In no instance shall the buffer width be reduced by more than 50 percent of the standard buffer or be less than 25 feet,, ale*t eta o the a-ffeced-' 7. Buffer Waivers. Application of the buffers set forth in this section may be waived by the dir-eeterDirector in instances where either of the following findings are made: a. The parcel to be developed lies landward of an existing and substantial structural development on an intervening lot which separates the parcel from the wetland and has effectively eliminated the function and value to be derived from the required buffer width; or b. The parcel to be developed lies landward of an existing wn4m el dreadwity- l ,all established roadway or other le gal➢ tablishcd stm°uct mrc or sued areas si ctecm -feet or more in widthw1lich separates the parcel from the wetland and has effectively eliminated the function and value to be derived from the required buffer width. 8. Except as otherwise specified, buffer zones shall be retained in their natural condition. Where buffer disturbance has occurred during construction or in violation of this chapter, revegetation with native vegetation will be required unless the direetofl)ircctor approves a substitute vegetation with the same or better mitigation characteristics. 9. Building setback lines shall be measured from the outside edge of required buffers and no setback shall be less than 15 feet from an established wetland buffer. FH. Compensatory Mitigation Requirements.. 1. Unless otherwise provided in this section 19.05._110),,Gwpensatofy-c�omn ensatory mitigation for alterations to wetlands mgy be used only for impacts that cannot be avoided r minimized and shall achieve equivalent or greater functions. Compensatory mitigation plans shall be: i. be-Ceonsistent with the Draft Guidance on Wetlands Mitigation in Washington State, Part 2, Developing ��>g Mitig� tion Plaits, 2004 2006 (Washington State Department of Ecology, U.S. Army Corps of Engineers Seattle District, and U.S. Environmental Protection Agency publication number 04-06-013130606-06�-011b-0l lb, or Ordinance 3198 Exhibit A Page 71 of 79 1 as revised). ii. Consistent with mitigation ratios in subsection 7 of this section 4 2. Mitigation shall be required in the following order of preference: a. Avoiding the impact altogether by not taking a certain action or parts of an action; b. Minimizing impacts by limiting the degree or magnitude of the action and its 7 implementation, by using appropriate technology, or by taking affirmative steps to 8 avoid or reduce impacts; c. Rectifying the impact by repairing, rehabilitating, or restoring the affected 10 environment; 11 d. Reducing or eliminating the impact over time by preservation and maintenance 17 operations; or 13 e. Compensating for the impact by replacing, enhancing, or providing substitute 14 resources or environments. 1..5 16 3. Compensation for Lost or Affected Functions. Compensation shall address the functions 17 affected by the proposed project, with an intention to achieve functional equivalency or 18 improvement of functions. The goal shall be for the compensatory mitigation to provide 19 similar wetland functions as those lost, except when: 0 a. The lost wetland provides minimal functions as determined by site-specific function 1 assessment, and the proposed compensatory mitigation action(s) will provide equal or 22 greater functions or will provide functions shown to be limiting within a watershed 3 through a formal Washington State watershed assessment plan or protocol; or 4 b. Out -of -kind replacement of wetland type or functions, where permitted, will best 25 meet watershed goals formally identified by the eit-yCity, such as replacement of 2-6 historically diminished wetland types. 7 4. Preference of Compensatory Mitigation Actions. Mit. gation actioiis that re 28 coi°npensation Methods tool oMpe"sal on €or -end --tom ioa -shall be 9 approacfw&rc�in the following order of preference: 30 a. Restoration (re-establishment and rehabilitation) of wetlands; 31 b. Creation (establishment) of wetlands on disturbed upland sites such as those with 32 vegetative cover consisting primarily of nonnative introduced species; this should 33 only be attempted when there is an adequate source of water and it can be shown that 34 the surface and subsurface hydrologic regime is conducive for the wetland 35 community that is anticipated in the design; and 36 c. Enhancement of significantly degraded wetlands in combination with restoration or 37 creation; such enhancement should be part of a mitigation package that includes 38 replacing the impacted area and meeting appropriate ratio requirements. 39 5. Type and Location of Mitigation shall comply with Section 19.05.0611 C and 1:71 .", 40 i t,�g eco.I ogieal4ro� o�d��, n l 41 42 mi-44t-,-oW i ind...aii ithii h i i if r ft-e4-estoarin q 3 p, M. t% ti f a l l -be nd ctd.w ig 1 i nam lat i l 44 app -y, 45 mil 4 Ordinance 3198 Exhibit A Page 72 of 79 1 p �s r S ms ; 2 effis pa idol th t i pa t 3 lel ii i lam �i 4 1 t MHAs„ i %�in+" 5 o#%"p10 a -prs d stir ae eapaellklyt 6 petenuial iti e -r .°. r-111 ­NA1. 7 h. r �.,e+,w .www lr ill .,W „x,.,g e ,...,l „r lifinprOved,Iffild 8 fW11 01 w . 'tom 9 ie-sarn--sub drwi-n-age lr s 10 12 j til _0 ...ganothef-_4L—;.ffF 13 i re 4s -1'r -aa -a , r. -+.1'-A . e land used-ami=ti atio 14thisltts4s..��3ist-erk--w6lh-.�=�, 15 16 6_6Timing of Compensatory Mitigation. 14-i rr f +re44hrat 17 eCompensation projects shall be completed prior to activities that will 18 disturb the on-site wetlands. The Director may allow At-ts 19 compensatory mitigation sla44-to be completed immediately following 20 disturbance and prior to use or occupancy of the action or development. 21 Construction of mitigation projects shall be timed to reduce impacts to 22 existing fisheries, wildlife and flora. The direut%,QJrector may authorize 23 a one-time temporary delay in completing construction or installation of 24 the temporary compensatory mitigation when the applicant provides a 25 written explanation from a qualified wetland alc:onsultant as to 26 the rationale for the delay. An appropriate rationale would include 27 identification of the environmental conditions that could produce a high 28 probability of failure or significant construction difficulties (e.g., project 29 delay lapses past a fisheries window; or plant installation should be 30 delayed until the dormant season to ensure greater survivability of 31 installed materials). The delay shall not create or perpetuate hazardous 32 conditions or environmental damage or degradation, and the delay shall 33 not be injurious to the health, safety, and general welfare of the public. 34 The request for temporary delay must include a written justification that 35 documents the environmental constraints that preclude implementation 36 of the mitigation plan. The justification must be verified and approved 37 by the eityCity. 38 39 7. Wetland Mitivation Ratios. 40 1 )In approving alteration or creation of a wetland or wetland buffer, the 41 dif,tirDirector shall require that an area larger than the altered portion of the 42 wetland or wetland buffer be provided as compensation for destruet )rt --loss of the 43 functions of the altered wetland and to assure that such functional values are replaced. 44 The following ratios Table 19.05.110 B shall vide a 45 diseus4onsare tl eresLapptive requirement for B ch f 46 compensatory mitigation The applicant may propose different ratios arra must Ordinance 3198 Exhibit A Page 73 of 79 1 support the proposed ratios with a wetland mitigation lan that demonstrates how the 2 proDosal achieves functional cqtjivaJencY_jqLins Proved wetland functions. In no case 3 shall the buffer mitiration ratio be less than 1:1. Mitigation requirements may be 4 determined using the credit/debit tool described in "Calculating Credits and Debits 5 for Compensatory Mitigation in Wetlands of Western Washingow Operational 6 Draft" (Ecol9gy Rqblication No, 10-06-011, February 2011, or as revisedl Table 19.05.110 B, Mitivation Ratios 1:1 Re - Category and Re-establishment establishment or Enhancement Type of Wetland or Creation Rehabilitation" Creation (R/C) Only and Enhancement All Category IV 1.5:1 . . . ............ 3:1 1:1 R/C and 2:1 6:1 E .. ... . All Category 111 . ........................w 2:1 ...... ____ ...... 4:1 1: 1 R/C and 2-4:1 8:1 E Category 11 – Case-by-case 4:1 Case-by-case Case-by-case Estuarine Rehabilitation of an estuarine wetland Category 11 – 2:1 4:1 4 : 1 R/C and -24 84Not Interdunal. Compensation Compensation E -Not considered considered an must be must be an ot)tion* option"* interdunal interdunal wetland wetland All other 3:1 ................ —­- ­­- 96:1 1:1 R/C and 48:1 - - . ......................... 12:1 Category 11 E Category I – 6:1 12:1 1: 1 R/C and 24:1 Forested 47020:1 E Category I based 4:1 8:1 1:1 R/C and 16:1 on score for 612:1 E functions Category I Not considered 6:1 Q�,by­easeNot Case-by-case Natural Heritage possible* Rehabilitation of considered site a Natural a _.Si b —IC Heritaae site Category I – Not considered 6:1 ",se -by -ease_ pf Case-by-case Coastal Lagoon possible* Rehabilitation of considered a coastal lagoon possible* Category I – Bog Not considered 6:1 ... . ... , .seNot Case-by-case ss� �ble Rehabilitation of considered . . . ....... ­ Ordinance 3198 Exhibit A Page 74 of 79 _._............................. ...............w w a bog os FEstuarine ry I — Case-by-case 6:1 Case-by-case Case-by-caseITIT Rehabilitation of an estuarine *................................. wetland 1 Natural Heritage sites, coastal lagoons, and bogs are considered irreplaceable wetlands, and 2 therefore no amount of compensation would replace these ecosystems. Avoidance is the best 3 option. In the rare cases when impacts cannot be avoided, replacement ratios will be assigned on 4 a case-by-case basis. However, these ratios will be significantly higher than the other ratios for 5 Category I wetlands. 6 ** Rehabilitation ratios are based on the assumption that actions judged to be most effective 7 for that site are being implemented. 8 *** Due to the dynamic nature ofinterdunal systerns, enhancement is not considered an 9 ecmmolo 11 a .propriate action. 10 11 8. Preservation. Impacts to wetlands and wetland buffers may be mitigated by preservation 12 of wetland areas when used in combination with other forms of mitigation such as 13 creation, restoration, or enhancement at the preservation site or at a separate location. 14 Preservation may also be used by itself, but more restrictions apply as outlined below. 15 a. Preservation in combination with other forms of compensation. Using preservation as 16 a compensation is acceptable when done in combination with restoration; provided, 17 that a minimum of 1:1 acreage replacement is provided by restoration or creation and 18 the criteria below are met: 19 i. The impact area is small, and/or impacts are to a Category III or IV wetland; 20 ii. Preservation of a high quality system occurs in the following order of preference 21 as the wetland impact: first, the same city drainage basin; second, within the city 22 limits; and third, within the same Water Resource Inventory Area (WRIA); 23 iii. Preservation sites include buffer areas adequate to protect the habitat and its 24 functions from encroachment and degradation; and 25 iv. Mitigation ratios for preservation in combination with other forms of mitigation 26 shall range from 10:1 to 20:1, as determined on a case-by-case basis, depending 27 upon the quality of the wetlands being mitigated and the quality of the wetlands 28 being preserved. 29 b. Preservation as the sole means of compensation for wetland impacts. Preservation of 30 at -risk, high quality habitat may be considered as the sole means of compensation for 31 wetland impacts when all of the following criteria are met: 32 i. Preservation is used as a form of compensation only after the standard 33 sequencing of mitigation (i.e., avoid, minimize, and then compensate) has been 34 applied; 35 ii. Creation, restoration, and enhancement opportunities have also been considered, 36 and preservation is the best mitigation option; 37 iii. The impact area is small and/or impacts are to a Category III or IV wetland; 38 iv. Preservation of a high quality system occurs in the following order of preference: 39 first, the same city drainage basin; second, within the city limits; and third, within Ordinance 3198 Exhibit A Page 75 of 79 1 the same Water Resource Inventory Area (WRIA); 2 v. Preservation sites include buffer areas adequate to protect the habitat and its 3 functions from encroachment and degradation; 4 vi. The preservation site is determined to be under imminent threat, specifically, sites 5 with the potential to experience a high rate of undesirable ecological change due 6 to on-site activities (note: "potential" includes permitted, planned, or likely 7 actions that are not adequately protected under existing regulations (e.g., logging 8 of forested wetlands)); 9 vii. The area proposed for preservation is of high quality and critical for the health of 10 the watershed or basin. Some of the following features may be indicative of high 11 quality sites: (1) Category I or II wetland rating; (2) rare wetland type (e.g., bogs, 12 mature forested wetlands, estuaries); (3) habitat for threatened or endangered 13 species; (4) wetland type that is rare in the area; (5) provides biological and/or 14 hydrological connectivity; (6) high regional or watershed importance (e.g., listed 15 as priority site in watershed plan); (7) large size with high species diversity 16 (plants and/or animals) and/or high abundance; and 17 viii. Mitigation ratios for preservation as the sole means of mitigation shall 18 generally start at 20:1. Specific ratios should depend upon the significance of the 19 preservation project and the quality of the wetland resources lost. 20 21 9. Wetland Mitigation Banks. 22 a. Credits from a wetland mitigation bank may be approved for use as compensation for 23 unavoidable impacts to wetlands when: 24 i. The bank is certified under Chapter 173-700 WAC; 25 ii. The direeterDirector determines that the wetland mitigation bank provides 26 appropriate compensation for the authorized impacts; and 27 iii. The proposed use of credits shall be consistent with replacement ratios specified 28 in the bank's certification. 29 b. Replacement ratios for projects using bank credits shall be consistent with 30 replacement ratios specified in the bank's certification. 31 c. Credits from a certified wetland mitigation bank may be used to compensate for 32 impacts located within the service area specified in the bank's certification. In some 33 cases, bank service areas may include portions of more than one adjacent drainage 34 basin for specific wetland functions, and such areas may encompass a portion or all of 35 more than one political jurisdiction. 36 CI. Wetland Mitigation/Compensation Plan Requirements. 37 38 4—When wetland alteration is permitted by this chapter, a mitigation plan shall be required 39 to describe the methods the applicant will use to minimize impacts to wetland functions and 40 values. A detailed mitigation plan shall be approved by the difee4ffDircctor prior to any 41 development activity occurring on a lot upon which wetland or wetland buffer alteration, 42 restoration, creation or enhancement is proposed. The mitigation plan shall be prepared by a 43 qualified (wetlands) critical area consultant using accepted methodologies, shall include 44 information as required by the difeetoflirector, and shall: 45 al. Include a baseline study that quantifies the existing functions and values of the 46 wetland, the function and values that will be lost due to compensation, and the Ordinance 3198 Exhibit A Page 76 of 79 1 functions and values of the wetland to be created, restored or enhanced; and 2 K. Specify how functions and values will be preserved or replaced; and how impacts will 3 be avoided, minimized or compensated for; and 4 e3. Establish goals and objectives for the mitigation plan; and 5 d4. Specify within the mitigation plan written specifications for grading, sedimentation 6 and erosion control, revegetation, hydraulic analysis, staging of construction areas, 7 appropriate diagrams and drawings, and recommended construction practices; and 8 e5. Specify quantified criteria for monitoring the mitigated area on a long-term basis to 9 determine whether the goals and objectives of the project have been met; and 10 €6. Include a contingency plan specifying what corrective actions will be taken should 11 the mitigation not be successful; and 12 g7. Include provisions for maintenance bonding or other security acceptable to the 13 derDirector to assure that work is completed in accordance with the mitigation 14 plan and that restoration or rehabilitation is performed in accordance with the 15 contingency plan if mitigation, fails 1' lure-fegul within five years of 16 implementation. 17 18 I4J. Performance Bonds and Demonstration of Competence. 19 1. A demonstration of financial resources, administrative, supervisory and technical 20 competence and scientific expertise of sufficient standing to successfully execute the 21 compensation project shall be provided by the applicant. 22 2. A compensation project manager shall be named and the qualifications of each team 23 member involved in preparing the mitigation plan and implementing and supervising the 24 project shall be provided, including educational background and areas of expertise, 25 training and experience with comparable projects. 26 3. Bonds or other security acceptable to the difeetofl irector ensuring fulfillment of the 27 compensation project, monitoring program, and any contingency measure shall be posted 28 in the amount of 120 percent of, the expected cost of compensation. 29 30 1K. Special Reports. The following special reports shall be provided either separately or as one 31 comprehensive report. Contents and methods may be more fully detailed in the procedures 32 manual that may be adopted administratively: 33 1. The Wetlands Delineation Report and Certified Boundary Survey. 34 The purpose of the report is to convey to the reviewer a factual picture of the extent and 35 location of wetlands at a given site. The report is to include filed data sheets, an accurate 36 map of the site that includes the wetland boundaries and location of all data collection 37 points, and narrative that explains the delineator's approach to collecting data in addition 38 to their syntheses of data. 39 2. Wetlands Special Report. An assessment of anticipated impacts (direct, indirect, and 40 cumulative) and mitigation measures necessary to comply with the eityCity's requirement 41 to achieve no net loss to wetland functions and values. 42 3. Assessment of the Compensatory Mitigation Site. This report is required when 43 compensatory mitigation and restoration plans call for the alteration of existing wetland 44 habitat. The report includes an assessment of the suitability of the site for compensatory 45 mitigation or restoration, an evaluation of, and anticipated impacts to, existing wetland 46 functions and values, proposed alterations and their anticipated effects upon functions Ordinance 3198 Exhibit A Page 77 of 79 1 and values, and a description of how the proposed compensatory mitigation or restoration 2 plan conforms with the eityCity's requirement to achieve no net loss of wetland functions 3 and values. (Ord. 3062 § 15, 2011; Ord. 2929 Exh. A § 3, 2006; Ord. 2899 § 1, 2005; 4 Ord. 2319 § 1, 1992). 5 19.05.120 Violations and penalties. 6 A. -1 it eterDirector's Authority. Whenever the d eft -l: evelorncnt se iees-Services 7 difeet rDirector or his or her designee ("44 -Director") determines that a condition 8 exists in violation of this chapter or any standard required to be adhered to by this 9 chapter, or in violation of any permit issued hereunder, he or she is authorized to enforce 10 the provisions of this chapter. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 B. Chapter 1.20 PTMC Applicable. All violations of any provision of this chapter or incorporated standards, or of any permit or license issued hereunder, are declared nuisances and made subject to the administration and enforcement provisions of Chapter 1.20 PTMC, including any amendments, and including but not limited to abatement, criminal penalty, and civil penalty as set forth in Chapter 1.20 PTMC, which are incorporated by reference as if set forth herein. (Ord. 2952 § 3, 2008; Ord. 2899 § 1, 2005; Ord. 2512 § 2, 1996.) 19.05.130 Bonding and security. A. Performance 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 difec.torQirector. 2. The amount and the conditions of the bond or other security shall be consistent with the ��,,�rcquircments of this chapter. 3. In the event of breach of any condition of any such bond or other security, the .1-ir ct�'r may institute an action in a court of competent jurisdiction upon such bond or other security device and prosecute the same to judgment and execution. The dir-eeterDirector 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 e4ofl3irector has been posted by the applicant, where deemed appropriate by the dir Director; c. Until such written release of a bond, the principal or surety cannot be terminated or canceled. B. 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 dir-eeterDirector in an amount and with surety and conditions sufficient to guarantee that structures, improvements and mitigation required by the permit or by this chapter perform satisfactorily for a minimum of two years after they have been completed. Wetland creation, restoration or rehabilitation projects shall provide a maintenance bond or other security acceptable to the dire t rDir ctor for a minimum of five years after the project has been completed. 2. The direeterDirector shall release the maintenance bond or other security upon Ordinance 3198 Exhibit A Page 78 of 79 1 determining that performance standards established for evaluating the effectiveness and 2 success of the structures, improvements and/or compensatory mitigation have been 3 satisfactorily met for the required period. 4 3. For compensation projects, the performance standards shall be those contained in the 5 mitigation plan developed and approved during the review process. 6 4. The maintenance bond or other security device applicable to a compensation project shall 7 not be released until the direeterDirector determines that performance standards 8 established for evaluating the effect and success of the project have been met. (Ord. 2899 9 § 1, 2005; Ord. 2319 § 1, 1992). 10 19.05.140 Other laws and regulations. 11 No permit granted pursuant to this chapter shall remove an applicant's obligation to comply in 12 all respects with the applicable provisions of any other federal, state, or local law or regulation. 13 (Ord. 2899 § 1, 2005; Ord. 2319 § 1, 1992). 14 19.05.150 Suspension — Revocation. 15 In addition to enforcement procedures and penalties provided for in Chapter 1.20 PTMC, the 16 difeeterl)irector may suspend or revoke a permit if (s)he finds that the applicant or permittee has 17 not complied with any or all of the conditions or limitations set forth in accordance with this 18 chapter, has exceeded the scope of work set forth in the permit, or has failed to undertake the 19 project in the manner set forth in the approved application. (Ord. 2952 § 1, 2008; Ord. 2899 § 1, 20 2005; Ord. 2512 § 3, 1996; Ord. 2319 § 1, 1992). 21 19.05.160 Amendments. 22 A. These regulations anc ,eit -iventc shall be ncadi. ll fir e t 1" 23 be amended in accordance with the procedures and requirements in the general statutes 24 and as new information concerning critical areas becomes available. 25 26 B. The City W..ycg for ina s, may be periodicallyu . dated b the Crit to reflect updates dates b 27 federal and state aaencies, results of special studies and re qs reviewed aqLaMpLoved 28 by the City,and de artrnent identified errors and corrections. 29 30 C. The Ceity's sem. Slioz'elineine_ efMastcl• pr+)gran+-l11rogram incorporates the critical 31 areas ordinance (Ord. 2929, September 15, 2006) by reference. Therefore, amendments to 32 this chapter that are intended to alter development regulations applicable to shorelines 33 jurisdiction must be processed as an amendment to the eit-yCity of Port Townsend 34 shoreline master program and shall be subject to approval by the Department of Ecology. 35 (Ord. 2945 § 7.1, 2007; Ord. 2899 § 1, 2005; Ord. 2319 § 1, 1992). 36 19.05.170 Severability. 37 In the event any one or more of the provisions of this chapter shall for any reason be held to be 38 invalid, such invalidity shall not affect or invalidate any other provision of this chapter, but this 39 chapter shall be construed and enforced as if such invalid provision had not been contained 40 therein; provided, that any provision which shall for any reason be held by reason of its extent to 41 be invalid shall be deemed to be in effect to the extent permitted by law. (Ord. 2899 § 1, 2005; 42 Ord. 2319 § 1, 1992). 43 19.05.180 Assessment relief. 44 A. The Jefferson County assessor's office sha41-may consider critical area regulations in 45 determining the fair market value of land. 46 Ordinance 3198 Exhibit A Page 79 of 79 1 B. Any undeveloped critical area property which has recorded upon it an easement or which 2 is the subject of a perpetual conservation restriction with the eityCity or a nonprofit 3 organization to permanently control some or all regulated activities in that portion of land 4 assessed consistent with those restrictions, shall also be considered for exemption from 5 special assessments to defray the cost of municipal improvements such as sanitary 6 sewers, storm sewers, and water mains. (Ord. 2899 § 1, 2005; Ord. 2319 § 1, 1992). 7 19.05.190 Limitation of actions. 8 Any final decision under this chapter shall be final and conclusive unless timely appealed by 9 following the appeal procedures of Chapter 20.01 PTMC. (Ord. 2999 § 1 Exh. A, 2009; Ord. 10 2899 § 1, 2005; Ord. 2319 § 1, 1992). Ordinance 3198 Exhibit B Page 1 of 2 EXHIBIT B AMENDMENTS TO THE TEXT AND APPENDICES OF THE PORT TOWNSEND SHORELINE MASTER PROGRAM The text and appendices of the Port Townsend Shoreline Master Program are hereby amended as set forth in subsections 1.1 through 1.3, below. SUBSECTION 1.1: In the Table of Contents - Search and replace Critical Areas Ordinance 2929 reference with revised Ordinance number and adoption date as depicted herein in strikeout and underline format. List of Appendices A. Official Shoreline Environments Designation Map, City of Port Townsend, Washington B. View Corridors C. Special Height Overlay District (Chapter 17.28 PTMC) D. Point Hudson Station Buildings E. Critical Areas Ordinance (N : 2 ;-44y-5;- )51 o„ 3198, May 1.201 SUBSECTION 1.2: In Chapter 6 Environmental Protection - Search and replace Critical Areas Ordinance 2929 reference with revised Ordinance number and adoption date as depicted herein in strikeout and underline format. All other language in the Chapter shall remain in full force and effect. Chapter 6 Environmental Protection - Section 6.1 Introduction The intent of this chapter is to provide policies and regulations that protect the shoreline environment as well as the critical areas found within the shoreline jurisdiction. These policies and regulations apply to all uses, developments and activities that may occur within the shoreline jurisdiction regardless of the Shoreline Master Program environment designation. They are to be implemented in conjunction with the specific use and activity policies and regulations found in this Master Program. The Shoreline Management Act (SMA) mandates the preservation of the ecological functions of the shoreline by preventing impacts that would harm the fragile shorelines of the state. When impacts cannot be avoided, impacts must be mitigated to assure no -net -loss of ecological function necessary to sustain shoreline resources (WAC 173-26-201(2)(C). The SMA also mandates that local master programs include goals, policies and actions for the restoration of impaired shoreline ecological functions to achieve overall improvements in shoreline ecological functions over time (WAC 173-26-201(f)). The environment protection policies and regulations of this Master Program address general environmental impacts and critical areas. General environmental impacts include effects upon the elements of the environment listed in the State Environmental Policy Act (SEPA) (WAC 197-11-600 and WAC 197-11-666). This chapter is not intended to limit the application of SEPA. The provisions of Ordinance 2929, September 14,-_-3198 8 May_21,2018 qm, and codified in Chapter 19.05 of the Port Townsend Municipal Code, Critical Areas, are hereby incorporated by reference into this Master Program (Appendix E) Ordinance 3198 Exhibit B Page 2 of 2 Policy 6.5.3 Provide a level of protection to critical areas that is equal to or greater than the level of protection provided by the adopted Port Townsend critical areas regulations. Recognizing this, the City explicitly elects to make its critical areas regulations as adopted by Ordinance -29N;- ' bef-5-,-2-006319�iay„m2 L& and codified in Chapter 19.05 PTMC applicable to critical areas within shoreline jurisdiction. It should be noted that reasonable uses exceptions (I 9.05.050(D)) within shoreline jurisdiction will require a shoreline variance. Furthermore, in cases where definitions, procedures, or standards of this Shoreline Master Program are inconsistent with related provisions in Chapter 19.05, provisions of the Port Townsend Shoreline Master Program shall prevail. (Note: A Shoreline Master Program amendment will be required for any future amendments to critical areas provisions incorporated by reference into the PTSMP.) Development Regulations DR -6.5.1 Development and uses proposed within the shoreline shall meet the requirements of the City's Critical Areas Ordinance 292#,--adepw September- 3198,MM21, 2018 and codified in Chapter 19.05 PTMC, Critical Areas in addition to the requirements of this Master Program (Appendix E). SUBSECTION 1.3: Replace Appendix E. CRITICAL AREAS ORDINANCE with updated Critical Areas Ordinance