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HomeMy WebLinkAbout030325 City Council Business Meeting Packet PORT TOWNSEND CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS, 540 WATER STREET Business Meeting 6:00 p.m.March 3, 2025 Attend in person or virtually via computer or tablet at https://zoom.us/j/98187633367enter the Webinar ID 98187633367 Phone only (muted - listen-only mode) United States: Local Dial In – 1(253)215- 8782,,98187633367# Submit public comment to be included in the meeting record to: https://publiccomment.fillout.com/cityofpt If you are experiencing technical difficulties, please attempt all methods listed above before reporting any issues to: clerksupport@cityofpt.us I.Call to Order II.Roll Call III.Changes to the Agenda IV.Proclamation(s) or Special Presentation(s) th A. Reading Month 20 Annual Community Read Proclamation B. Washington State Parks Update on Fort Worden C. Annual Crime Report and State of the Police Department V. City Manager’s Report VI. Comments from the Public (re consent agenda items and items not on the agenda) (Each person has 3 min. to comment- City Clerk will signal at 2 min. 30 sec.) A.Public comment B.Staff or Council response, as needed VII.Closed Session – Pursuant to RCW 42.30.140 (4)(b) General Government Negotiations (Approximately 20 minutes) VIII.Consent Agenda Action: Moveto adopt the consent agenda and/or request to remove any individual item from the consent agenda. A.Approval of Bills, Claims and Warrants B.Approval of Minutes:February 3, 2025, February 10, 2025 IX.Public Hearings A.Ordinance 3347An Interim Ordinance of the City of Port Townsend Amending Port Townsend Municipal Code Chapter 17.72 Relating to Interim Parking Regulations and Providing that the Interim Regulations, Unless Extended, Will Sunset on the Earlier of Six (6) Months from theDate of Adoption of this Ordinance or the Adoption of Regulations that Supersede this Ordinance Proposed Action: Move to approve the findings of fact and waive Council Rules and approve Ordinance 3347 An Interim Ordinance of the City of Port Townsend Amending Port Townsend Municipal Code Chapter 17.72 Relating to Interim Parking Regulations and Providing that the Interim Regulations, Unless Extended, Will Sunset on the Earlier of Six (6) Months from the Date of Adoption of this Ordinance or the Adoption of Regulations that Supersede this Ordinance i. Staff Presentation ii. Comments from members of the public iii. Response from staff iv. Questions from Council members v. Clarifying comments from the public, if necessary vi. Council deliberation and action B. Ordinance 3348 Amending the Critical Areas Ordinance Codified in Chapter 19.05 of the Port Townsend Municipal Code Proposed Action: Move to approve first reading of Ordinance 3348 Amending the Critical Areas Ordinance Codified in Chapter 19.05 of the Port Townsend Municipal Code i. Staff Presentation ii. Comments from members of the public iii. Response from staff iv. Questions from Council members v. Clarifying comments from the public, if necessary vi. Council deliberation and action X. New Business A. Authorizing the City Manager to Enter into all Contracts Necessary to Complete Design and Issue Request for Bids for the Holcomb and Wilson Sewer Upsizing Project Proposed Action: Move to authorize the City Manager to enter into all contracts necessary to complete design and issue request for bids for the Holcomb and Wilson Sewer Upsizing Project i. Staff presentation and Council questions ii. Public Comment iii. Council deliberation and action B. Interlocal Cooperation Agreement between the City of Port Townsend and the Port of Port Townsend for the Construction of Stormwater Facilities Proposed Action: Move to authorize the City Manager to enter into an Interlocal Agreement with the Port of Port Townsend for the construction of stormwater improvements and a new outfall at the west end of the Boat Haven Boatyard. i. Staff presentation and Council questions ii. Public Comment iii. Council deliberation and action XI.Presiding Officer’s Report XII.Suggestions for Future Agendas XIII.Comments from Council XIV.Adjourn P R O C L A M A T I O N WHEREAS, in cities all across America, people are coming together to read as a unified community; and, WHEREAS, the residents of the City of Port Townsend are coming together in such a city-wide reading effort, thus declaring with one voice that reading is not only a source of individual pleasure, but a tool for promoting literacy, connection, and community-building. WHEREAS, this year’s selected title, Big in Sweden by Sally Franson, is intended to inspire the community to share the pure joy and utter delight of reading together and discussing the same book. This year’s read is a charming, wise, heartfelt, and laugh-out- loud funny novel following a fish-out-of-water American woman competing on a Swedish reality show in an attempt to discover her roots. Think The Great British Bakeoff meets The Amazing Race with a sprinkling of Ancentry.com. This novel explores ideas of self, found family, and how we must all learn to be less judgmental and more kind. Astrid Lindgren’s Pippi Longstocking said it best, “If you are very strong, you must also be very kind,” which makes this book the perfect choice for the Library's 20th annual Community Read; and, WHEREAS, Port Townsend Library Friends and Foundation, and other community sponsors and partners make the Community Read possible; and, WHEREAS, an exciting series of events and discussions are planned from Scandinavian cultural events, to Pippi Longstocking parties, to tales of starring on a Swedish reality show, to an ABBA sing-a-long, cold water plunging, and getting to meet the author Sally Franson for the month of March 2025; NOW, THEREFORE, I, David J. Faber, Mayor of the City of Port Townsend, do hereby proclaim the month of March 2025 as Reading Month in the City of Port Townsend and proudly celebrate the Library’s accomplishment of providing 20 wonderful years of Community Reads. On behalf of the City, I thank all our generous sponsors and community partners, and urge all residents of the community to join me in this endeavor to promote the joys of reading and bringing the community together through the shared experience of reading and discussing the same book. ____________________________________ David J. Faber, Mayor Diana Dupuis Director STATE OF WASHINGTON WASHINGTON STATE PARKS AND RECREATION COMMISSION 1111 Israel Road S.W. P.O. Box 42650 Olympia, WA 98504-2650 (360) 902-8500 TDD Telecommunications Device for the Deaf: 800-833-6388 www.parks.state.wa.us February 14, 2025 VIA US CERTIFIED MAIL Executive Director Fort Worden Lifelong Learning Center Public Development Authority (the PDA) nd 250 Madison Street, 2 Floor Port Townsend, WA 98369 VIA ELECTRONIC MAIL THROUGH RESPECTIVE LEGAL COUNSEL Stuart Heath, Principal Elliot Bay Asset Solutions, LLC Court Appointed General Receiver for the PDA (the Receiver) 2330 Î 130th Avenue Northeast Suite 102 Bellevue, WA 98005 C/O John Knapp David Neu Miller Nash LLP Attorneys for the Receiver th 605 5 Ave. S, Ste. 900 Seattle, WA 98104 David.Neu@MillerNash.com John.Knapp@MillerNash.com Subject: Fort Worden Historical State Park Î Termination of Master Lease Dated November 8, 2013, and Any Existing Sublease, Licenses, Concessions, or Other Arrangements for Possession Entered into by the PDA After November 8, 2013 Mr. Heath and Whom It May Concern: This letter serves as the PDAÓs official notification that the State is terminating, with immediate effect, the Master Lease dated November 8, 2013, including Amendments One (1) through Four (4) (the Master Lease), entered into by and between the Washington State Parks and Recreation Commission (the State) and the PDA, for Fort Worden Historical State Park (the Premises). February 14, 2025 Page 2 A notice of the PDAÓs defaults under the Master Lease, dated September 27, 2024, was previously issued to the PDA. These defaults have continued and additional defaults have occurred, asthe PDA has breached, and continued to breach, multiple provisions of the Master Lease, including, but not limited to, the following: 1. Effective on December 23, 2024, the Master Lease was deemed rejected by the Superior Court for the County of Jefferson, Cause No. 24-2-00199-16, pursuant to RCW 7.60.130(7), constituting under RCW 7.60.130(2) a pre-petition breach by the PDA of the Master Lease and the termination of the ReceiverÓs right to possess or use the Premises; 2. Since November 2022, the PDA has failed to pay revenue sharing from rents and concession fees to the State as required by Section 7.9 of the Master Lease; 3. Since at least January 31, 2024, and until December 23, 2024, the PDA has failed to pay for all costs and expenses, including, but not limited to, all operating expenses and charges for public and private utility services as required by Section 7.2 of the Master Lease; 4. The PDA has failed to develop an updated business plan and propose any changes to the Master Lease necessary to implement the plan prior to May 1, 2023, as required by Amendment #4 to the Master Lease; 5. The PDA has failed to ensure the Premises is used by its sublessees, licensees, and/or concessionaires consistent with the terms and conditions of the Master Lease, by allowing, through the PDAÓs act or omission, Fort Worden Hospitality, a concessionaire of the PDA, to use the Premises for unauthorized purposes; 6. In or about September 2024, the PDA indicated an intent to cease on-site operations by September 30, 2024, without properly terminating the Master Lease, and has indeed since ceased and abandoned on-site operations, in violation of Section 7.1 of the Master Lease and/or in anticipatory repudiation of the Master Lease. Each of the foregoing constitutes a material breach by the PDA entitling the State to terminate the Master Lease for default by the PDA under Article 16 of the Master Lease. To the extent any sublease, license, concession, or other arrangement for possession of any portion of the Premises entered into by the PDA after November 8, 2013, did not automatically terminate by operation of law upon the ReceiverÓs loss of its right of possession on December 23, 2024, any such sublease, license, concession, or other arrangement for possession also is hereby terminated pursuant to Section 16.3 of the Master Lease--subject, however, to any non-disturbance and attornment agreements duly executed and granted by Parks. As a gesture of good will and in the interest of enabling affected parties to respectively move forward as quickly as possible, at this time the State does not intend, but reserves the right, to pursue remedies beyond the above-noted termination(s) pursuant to Article February 14, 2025 Page 3 16 of the Master Lease and the claim the State has filed in the receivership proceeding pertaining to the PDA in the aforementioned case before Jefferson County Superior Court. Please note that pursuant to Section 6.2 of the Master Lease, any property left in the Premises more than thirty (30) days after the date of this letter shall be deemed abandoned. Respectfully, Heather Saunders Director of Parks Development cc: File, Real Estate Program Andrew Rose, Parks, Deputy Director, Parks Development Anna Gill, Parks, SW Region, Superintendent Brian Hageman, Parks, Olympic View Area, Area Manager Chris Holm, Parks, Fort Worden Campus Business Manager Jon Crimmins, Parks, Director of Operations Ken Graham, Parks, Real Estate Manager Laura Holmes, Parks, Director of Finance, Risk, and Internal Governance Mark Bibeau, Parks, Chief Financial Officer Nikki Fields, Parks, Planning and Real Estate Program Manager Mike Sternback, Parks, Deputy Director Andy Woo, Assistant Attorney General, Washington State Attorney GeneralÓs Office Aletia Anna Alvarez, Co- Founder & Co-Owner, Madrona Mindbody Institute Anneli Molin-Skelton, Co-Owner, Madrona Mindbody Institute Anna Forrestal, Director, Peninsula College Barry Mitzman, President, Fort Worden Foundation Barry Denton, President, Friends of Fort Worden Diane Quinn, Executive Director, PT Marine Science Center Everett Moran, Executive Director, Rainshadow Studio Greg Hagge, CAM Director, Coast Artillery Museum Richard Berg, Board President, PT School of Woodworking Ryo Yamaguchi, Publisher, Copper Canyon Press Margaret Woodcock, President, Corvidae Press Martha Worthley, Executive Director, Northwind Art Matt Gurney, Executive Director, Fort Worden Hospitality Richard Lukens, Founder, United Earth Networks Robert Birman, Executive Director, Centrum Tara McCauley, Interim Executive Director, Jefferson County Historical Society Taylor Clark, Executive Director, KPTZ Radio Jon Pinnow, Board President, KPTZ Radio February 2025 INTRODUCTION Annual Review February 2025 service of our employees. environment while reducing crime and the fear of crime. To work in partnership with our community to provide a safe and compassionate To work in partnership to improve our community while recognizing the dedication and Annual Review February 2025 Annual Review February 2025 ) WASPC 14 (4 IN TRAINING) – 9 JANUARY 2024 – SERGEANT 3 - 14 ( 3 IN TRAINING) – 1 PROMOTED 4 OFFICER (2 ENTRY LEVEL, 1 ACADEMY TRAINED, 1 LATERAL)2 WENT TO ANOTHER AGENCY2 RESIGNED WHILE IN FIELD TRAININGFAILED ON TWO GRANT OPPORTUNITIESTHIRD GRANT OPPORTUNITY DUE IN FEBRUARY ( OFFICERS JANUARY 2023 JANUARY 2025 STAFFING Annual Review February 2025 TRAINING Annual Review February 2025 Annual Review February 2025 Annual Review February 2025 Annual Review February 2025 - criminal matter, - criminal matter while in our custody, except as publicly available personal information about an - - Inquire or collect information about an individual’s immigration status or place of birth unless under criminal investigationProvide information to federal immigration authorities for a noncriminal matter, except as required by lawProvide nonindividual to federal immigration authorities in a nonexcept as required by state or federal law.Give federal immigration authorities access to interview individuals about a nonrequired by state or federal law. Things that our Officer will not do (per PTPD Policy):Annual Review February 2025 1. Solely for the purpose of determining immigration status2. Based solely on a civil immigration warrant3. On an immigration hold request Allow a federal immigration authority to conduct an interview regarding federal immigration violations with a person who is in custody if the person has not consented in writing to be interviewed.Detain individuals solely for the purpose of determining their immigration status.Take a person into custody or hold a person is custody: Things that our Officer will not do (continued): Annual Review PORT TOWNSEND CITY COUNCIL CONSENT AGENDA March 3, 2025 A. Approval of Bills, Claims and Warrants: Vouchers 176298 through 176308 in the amount of $515,807.25 B. Approval of Minutes:February 3, 2025, February 10, 2025 Action: Move to adopt the consent agenda or request to remove any individual item from the consent agenda. (Short statements or easily resolved questions are appropriate without removing item from the consent agenda). DRAFT February 3, 2025 City Council Business Meeting Page 1 of 8 DRAFT February 3, 2025 City Council Business Meeting Page 2 of 8 DRAFT February 3, 2025 City Council Business Meeting Page 3 of 8 DRAFT February 3, 2025 City Council Business Meeting Page 4 of 8 DRAFT February 3, 2025 City Council Business Meeting Page 5 of 8 DRAFT February 3, 2025 City Council Business Meeting Page 6 of 8 DRAFT February 3, 2025 City Council Business Meeting Page 7 of 8 DRAFT February 3, 2025 City Council Business Meeting Page 8 of 8 DRAFT February 10, 2025 City Council Workshop MeetingPage 1 of 4 DRAFT February 10, 2025 City Council Workshop MeetingPage 2 of 4 DRAFT February 10, 2025 City Council Workshop MeetingPage 3 of 4 DRAFT February 10, 2025 City Council Workshop MeetingPage 4 of 4 Agenda Bill: AB 25-021 Meeting Date: March3, 2025 Agenda Item:IX.A Regular Business Meeting Workshop/Study Session Special Business Meeting Submitted By: Adrian Smith Date Submitted: 02/25/25 Department: Planning & Community Development Contact Phone: (360)-379-4423 SUBJECT: Public Hearing- Ordinance 3347 An Interim Ordinance of the City of Port Townsend Amending Port Townsend Municipal Code Chapter 17.72 Relating to Interim Parking Regulations and Providing that the Interim Regulations, Unless Extended, Will Sunset on the Earlier of Six(6) Months from the Date of Adoption of this Ordinance or the Adoption of Regulations that Supersede this Ordinance CATEGORY: BUDGET IMPACT: Consent Resolution Expenditure Amount: $0 Staff Report Ordinance Included in Budget? Yes No Contract Approval Other: Discussion Item Public Hearing (Legislative, unless otherwise noted) 3-Year Strategic Plan: 1 - Build small town quality of life Cost Allocation Fund: 010-021 GF - Planning SUMMARY STATEMENT: th On March 4, 2024, City Council approved Ordinance 3333, Amending PTMC 17.72 Relating to Interim Parking Regulations. This interim ordinance responded to public concerns about the quality of our frontage and developed right-of-way, particularly in connection with requiring parking spaces on land that could serve other purposes. To improve the balance of methods of transportation, Council approved an interim ordinance that recommends, not requires, minimum parking spaces for new developments that comply with updated Engineering Design Standards (EDS). The interim ordinance scheduled six months to study how recommending parking instead of requiring it shapes development patterns, street safety, and environmental sustainability. The interim ordinance was extended by Ordinance 3339 following a public hearing on September 16, 2024. The extended interim parking regulations have been applied to development applications since March 18, 2024. These ongoing projects have more options for on-street parking paired with tools for managing stormwater and increasing canopy to improve the environmental services provided by the right-of-way. However, it is currently inconclusive if recommending instead of requiring parking meets the City’s goals for the EDS to support “people, prosperity, and planet.” To ensure consistency with ongoing development applications and collect more information, staff propose adopting a subsequent interim ordinance, effectively continuing the same language as amended by Ordinance 3333 and 3339. Port Townsend Municipal Code Page2/3 Adopting a subsequent interim ordinance has several major benefits. First, it maintains consistency with development review codes as applied since March 18, 2024. These codes support intentional urban forms that develop rights-of-way for public use. The interim ordinance also addresses overparking, reduces impervious surfaces created by parking minimums, and encourages active transportation and use of public transportation. Second, it aligns with the process of the Comprehensive Plan Periodic Review. Third, it creates an opportunity for a survey to be collected during customer assistance meeting interactions that explores if builders would take advantage of this interim allowance. Staff hopes to use these results to explore any changes needed to the ordinance. The subsequent interim ordinance allows staff to continue studying urban form without parking requirements, while prioritizing updates to the City’s 20-year Comprehensive Plan as directed by Council. Planning and Community Development and Public Works have determined that a subsequent interim ordinance maintaining the elimination of off-street parking requirements would fulfil the following objectives: 1. Align with our goals of supporting “people, prosperity, and planet”; and 2. Encourage the development of street frontage that is accessible to people using a range of transportation methods; and 3. Test the efficacy of changing parking minimums during the ongoing comprehensive plan periodic review; and 4. Create a pathway to adjust off-street parking requirements based on impacts observed between now and the finalization of our updated comprehensive plan in June 2025. ATTACHMENTS: Ordinance 3347 An Interim Ordinance of the City of Port Townsend Amending Port Townsend Municipal Code Chapter 17.72 Relating to Interim Parking Regulations and Providing that the Interim Regulations, Unless Extended, Will Sunset on the Earlier of Six (6) Months from the Date of Adoption of this Ordinance or the Adoption of Regulations that Supersede this Ordinance Proposed Interim Line-In Line-Out Code Edits STAFF RECOMMENDATION: Conduct the public hearing, approve the findings of fact and waive Council Rules and approve Ordinance 3347 An Interim Ordinance of the City of Port Townsend Amending Port Townsend Municipal Code Chapter 17.72 Relating to Interim Parking Regulations and Providing that the Interim Regulations, Unless Extended, Will Sunset on the Earlier of Six (6) Months from the Date of Adoption of this Ordinance or the Adoption of Regulations that Supersede this Ordinance The Port Townsend Municipal Code is current through Ordinance 3328, passed January 2, 2024. Port Townsend Municipal Code Page3/3 ALTERNATIVES: Take No Action Refer to Committee Refer to Staff Postpone Action Remove from Consent Agenda Waive Council Rules and approve Ordinance ____ Other: The Port Townsend Municipal Code is current through Ordinance 3328, passed January 2, 2024. Port Townsend Municipal Code Page1/4 ORDINANCE NO. 3347 AN INTERIM ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING PORT TOWNSEND MUNICIPAL CODE CHAPTER 17.72 RELATING TO INTERIM PARKING REGULATIONS AND PROVIDING THAT THE INTERIM REGULATIONS, UNLESS EXTENDED, WILL SUNSET ON THE EARLIER OF SIX (6) MONTHS FROM THE DATE OF ADOPTION OF THIS ORDINANCE OR THE ADOPTION OF REGULATIONS THAT SUPERSEDE THIS ORDINANCE Recitals A. The City Council enacted Ordinance 2578 on April 21, 1997. Part of that ordinance, codified as Port Townsend Municipal Code (“PTMC”) 12.04.040, adopted the City’s Engineering Design Standards (EDS). B.PTMC 12.04.130 of the EDS addresses General Right-of-Way Improvements and Construction Requirements. Specifically, “previously undeveloped lots of record are proposed for development or improvement, or any type of development is proposed including a change of use, as a condition to further property development” may require “Pavement; Curb and gutter installation; Walkway improvements; Storm and street drainage; Design of structures and/or grading to future Right-of-Way grade; Pathways and bikeways; Landscaping; Driveways; Street widening and turning lanes; … (and) On-street parking;” C. Since the adoption of theEDSin 1997, the Public Works Department has proposed interim engineering design standards to support “people, prosperity, and planet,” by allowing right-of-way improvements that improve access for people, reduce impervious surface, and decrease the cost of maintaining rights-of-way. D. The City Council enacted Ordinance 2571 on April 7, 1997. Part of that ordinance, codified as PTMC 17.72.080, adopted minimum required off-street parking spaces for different land uses. E. Since the adoption of minimum off-street parking standards in 1997, City residents have also spoken at meetings of the Infrastructure and Development Committee, Parks Recreation Trees and Trails Advisory Board, and Planning Commission in support of reducing or removing minimum off-street parking requirements. F. The City Council enacted Ordinance 3333 on March 5, 2024. This interim ordinance allowed the City to begin studying whether recommending, instead of requiring, parking minimums, in conjunction with improvingthe right-of-way to the standards of the interim EDS, appropriately balances transportation modes and the environmental impacts of impervious surfaces. The Port Townsend Municipal Code is current through Ordinance 3328, passed January 2, 2024. Port Townsend Municipal Code Page2/4 G. Development applications on and after March 18, 2024, were subject to parking recommendations, not parking requirements, provided the applications included the Interim Engineering Design Standards (EDS) for Right-of-Way development. H. The City has received 37applications for building permits and street development between March 18, 2024 and February24, 2025. Of these applications, 14 have been issued with 23 permit applications ongoing. I. On September 16, 2024, City Council extended Ordinance 3333 via Interim Ordinance 3339. J.On February 3, 2025, City Council approved a preliminary docket of amendment topics for the 2025 periodic review. The preliminary docket included supporting density, which is impacted by parking requirements. K. The 2025 Periodic Review of the Comprehensive Plan is currently in Phase II of the GMA update. L. Per PTMC 20.04.020(D), once the Periodic Review enters Phase II, annual amendments shall not overlap with the review and any amendments to the Comprehensive Plan or development regulations must be processed through the Periodic Review or wait for the next Annual Amendment cycle after the review. M. Interim Ordinance 3339 is scheduled to expire on Saturday, March 15, 2025. N. Adopting a subsequent interim ordinance allows current active development permits to continue their design and permitting process under the parking recommendations instead of requirements. O. Adopting a subsequent interim ordinance also allows City Staff to study the outcomes of active projects in conjunction with Phase I of the Periodic Review, to determine the recommendation’s impact on our right-of-ways, streetscape, access, and built environment. P. The interim controls in this subsequent Ordinance, plus any extensions, would be entirely or partially extinguished when either the review and possible revision of zoning is completed and/or the road and supporting infrastructure is fully designed and permitted. Q. Section 36.70A.390 and 35A.63.220 of the Revised Code of Washington authorizes the City Council to adopt an immediate development regulation amendment for a The Port Townsend Municipal Code is current through Ordinance 3328, passed January 2, 2024. Port Townsend Municipal Code Page3/4 period of up to six months provided that a public hearing is held within at least sixty days of its adoption. R.The City Council deems it to be in the public interest to establish interim regulations on the acceptance of development permit applications for any development that does not conflict with the terms of this Ordinance. NOW, THEREFORE, the City Council of the City of Port Townsend, Washington, do ordain as follows: Section 1. Findings of Fact and Conclusions.The City of Port Townsend is facing an imbalance of transportation options, with the public commenting that existing parking policies prioritize cars over other users of City streets. Requiring a minimum number of off-street parking spaces necessitates driveways, which decrease the frontage available for other public uses along the right-of-way. An interim ordinance began the process of determining if recommending, not requiring, minimum parking addresses our current imbalance of transportation and right-of-way access. This interim ordinance expired on September 14, 2024. Following the expiration, City Council wishes to continue providing time to determine the best way to balance parking and public use of our streets. Section 2. Amendment. Port Townsend Municipal Code 17.72.080 Vehicular and Bicycle Parking Standards and the accompanying tableshall be amended insubstantially the same form as Exhibit A for a period of six (6) months from the date of adoption. Section 3. Severability. If any section, sentence, clause or phrase of this Interim Ordinance should be held to be 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 of this Ordinance. Section 4. Public Hearing. As provided for in RCW 35A.63.220, a public hearing was held to review the findings and conclusions adopted in this Ordinance. This public hearing was held on March 3, 2025. Section 5. Publication.This Interim Ordinance shall be published by an approved summary consisting of the title. Section 6. Effective Date and Duration. The City Council hereby declares that an emergency exists as there is potential that the City will receive development and land use applications in the near future under which these interim regulations will apply. Such emergency necessitates that this ordinance become effective immediately in order to preserve the public health, safety and welfare. Non-exhaustive underlying facts necessary to support this emergency declaration are included in the “WHEREAS” clauses, above, all of which are adopted by reference as findings of fact as if fully set forth herein. The City Clerk is directed to publish a summary of this ordinance at the earliest possible publication date. The Port Townsend Municipal Code is current through Ordinance 3328, passed January 2, 2024. Port Townsend Municipal Code Page4/4 This ordinancewill expireon September 3, 2025, unless extended, and shall terminate earlier on adoption of an ordinance by the City Council that replaces this Ordinance. ADOPTED by the City Council of the City of Port Townsend, at a regular meeting rd thereof, held this 3day of March, 2025. David J. Faber Mayor Attest: Alyssa Rodrigues City Clerk The Port Townsend Municipal Code is current through Ordinance 3328, passed January 2, 2024. Port Townsend Municipal Code Page 1/7 PROPOSED AMENDMENTS TO PTMC TABLE 17.72.080 17.72.080 Table of vehicular and bicycle parking standards. Unless otherwise provided in this title, the required recommended number of off-street parking spaces shall be in conformance with Table 17.72.080. For purposes of this chapter, gross floor area shall not include elevator shafts, stairwells or mechanical equipment rooms. Where alternative requirements result in conflicting computations, the greater shall apply. The Following Conditions will Require Off-Street Parking: A.!Due to the high level of traffic; B.!Due to substandard intersection and driveway sight distance. Applicants must submit a plan showing sight distance triangles to Public Works for approval; C.!Due to topographic constraints; and/or D.!Mixed use, commercial, and/or multifamily projects where sufficient on-street parking is not available as determined by the City using an applicant-submitted parking study Table 17.72.080 Vehicular and Bicycle Parking Standards Minimum Required Required Bicycle Recommended Parking Spaces Maximum Permissible Use Spaces (may be on-(minimum of two Parking Spaces street, off-street, or spaces if not 5 combination)listed) FOOD SERVICE USES, COMMERCIAL Bakeries, retail 1 space per each 2 1 space per each 2 spaces, plus 1 employees, plus 1 space employee, plus 1 space space per each 10 per each 6 seats per each 4 seats vehicle parking stalls Drinking establishments (bars, Same as above Same as above Same as above cocktail lounges, night clubs, and taverns) Restaurants with or without drive-in 1 space per each 2 1 space per each Same as above or drive-through service employees, plus 1 space employee, plus 1 space per each 6 seats per each 4 seats MANUFACTURING USES Boat building and related products 2 spaces 1 space per each 2 2 spaces, plus 1 employees on the space per each 10 manufacture and repair largest shift vehicle parking stalls The Port Townsend Municipal Code is current through Ordinance 3328, passed January 2, 2024. Port Townsend Municipal Code Page 2/7 Table 17.72.080 Vehicular and Bicycle Parking Standards Minimum Required Required Bicycle Recommended Parking Spaces Maximum Permissible Use Spaces (may be on-(minimum of two Parking Spaces street, off-street, or spaces if not 5 combination)listed) Manufacturing, all other 2 spaces, or 1 space per 1 space per each Same as above each 2 employees on the employee on the largest largest shift, whichever is shift greater Mini-storages 3 spaces, plus 1 space per 3 spaces, plus 1 space None per each 50 storage each 100 storage units units Warehousing operations 2 spaces, plus 1 space per 2 spaces, plus 1 space 2 spaces, plus 1 each 2 employees on the per each employee on space per each 10 vehicle parking largest shift the largest shift stalls OFFICE USES Banks and financial institutions 1 space per each 400 sq. 1 space per each 200 sq. 2 spaces, plus 1 space per each 10 ft. of gross floor area ft. of gross floor area vehicle parking stalls 1 space per each 600 sq. 1 space per 300 sq. ft. of Business services Same as above ft. of gross floor area gross floor area Offices, business and professional Same as above Same as above Same as above RECREATIONAL AND CULTURAL USES Health clubs, dance studios, martial 3 spaces per 1,000 sq. ft. 6 spaces per 1,000 sq. 2 spaces, plus 1 arts studios of floor area used for ft. of floor area used for space per each 10 recreation purposes recreation purposes vehicle parking stalls 2 spaces per 1,000 sq. ft. 4 spaces per 1,000 sq. 4 spaces, plus 1 Libraries of floor area used for ft. of floor area used for space per each 5 library collections library collections vehicle parking stalls Museums 2 spaces per 1,000 sq. ft. 4 spaces per 1,000 sq. 2 spaces, plus 1 of floor area used for ft. of floor area used for space per each 10 collections display collections displayvehicle parking stalls The Port Townsend Municipal Code is current through Ordinance 3328, passed January 2, 2024. Port Townsend Municipal Code Page 3/7 Table 17.72.080 Vehicular and Bicycle Parking Standards Minimum Required Required Bicycle Recommended Parking Spaces Maximum Permissible Use Spaces (may be on-(minimum of two Parking Spaces street, off-street, or spaces if not 5 combination)listed) Recreation, commercial 1 space per 400 sq. ft. of 1 space per 200 sq. ft. of 4 spaces, plus 1 gross floor area gross floor area space per each 5 vehicle parking stalls Stadiums, arenas and assembly halls 1 space per 8 fixed seats, 1 per 4 fixed seats, or 1 4 spaces, plus 1 or 1 space per 150 sq. ft. space per 75 sq. ft. of space per each 25 of assembly space without assembly space without vehicle parking fixed seats fixed seats stalls Theaters and auditoriums Same as above Same as above Same as above RESIDENTIAL USES Accessory dwelling units None None None Adult family homes 2 None None Boarding house 1 space per 2 bedrooms None None See PTMC Home occupations See PTMC 17.56.060 See PTMC 17.56.060 17.56.060 Multifamily dwellings and mixed-1 space per unit None None use dwellings in the C-III zoned portions of the Uptown National Landmark Historic District Multifamily dwellings (including 1 space per dwelling unit None 2 spaces, plus 1 apartment houses and townhouses space per each 5 or row houses) vehicle parking stalls Multifamily dwellings restricted to 1 space per dwelling unit 2 spaces per dwelling 2 spaces, plus 1 use for seniors (i.e., 65 and older) space per each 10 unit and disabled persons vehicle parking stalls Residential treatment facilities 1 space per each staff 2 spaces, plus 1 None including group homes for the member plus 1 space for space per each 10 disabled each 5 residents vehicle parking stalls The Port Townsend Municipal Code is current through Ordinance 3328, passed January 2, 2024. Port Townsend Municipal Code Page 4/7 Table 17.72.080 Vehicular and Bicycle Parking Standards Minimum Required Required Bicycle Recommended Parking Spaces Maximum Permissible Use Spaces (may be on-(minimum of two Parking Spaces street, off-street, or spaces if not 5 combination)listed) Detached single-family dwellings 1 space per unit 1,200 None None (including manufactured and gross sf in size or less modular homes, cottage houses 2 spaces per dwelling unit meeting the base density over 1,200 gross sf in size requirements of the applicable district) Duplexes, triplexes, and fourplexes 1 space per dwelling unit None None meeting base density requirements of the applicable district RETAIL USES, COMMERCIAL Building materials, garden and farm 1 space per each 2 1 space per each 2 spaces, plus 1 supplies stores employees, plus 1 space employee, plus 3 spaces space per each 10 per each 1,000 sq. ft. of per each 1,000 sq. ft. of vehicle parking gross floor area gross floor area stalls Furniture, home furnishings, and 4 spaces, plus 1 space per 5 spaces, plus 1 space Same as above appliance stores each 1,000 sq. ft. of gross per each 600 sq. ft. of gross showroom floor showroom floor area area in excess of 1,000 sq. ft. Motor vehicle supply stores 1 space per each 2 1 space per each Same as above employees, plus 1 space employee, plus 3 spaces per each 1,000 sq. ft. of per each 1,000 sq. ft. of gross floor area gross floor area Other retail commercial uses 1 space per 400 sq. ft. of 1 space per 200 sq. ft. of Same as above gross floor area gross floor area Plant nurseries, landscaping Same as above Same as above Same as above materials, greenhouses (commercial) SERVICE USES, HEALTH Hospitals 1 space per each 2 regular 1 space per each regular 2 spaces, plus 1 staff members on the staff member on the per each 10 largest shift, plus 1 space largest shift, plus 1 vehicle parking per each 10 beds space per each 5 beds stalls The Port Townsend Municipal Code is current through Ordinance 3328, passed January 2, 2024. Port Townsend Municipal Code Page 5/7 Table 17.72.080 Vehicular and Bicycle Parking Standards Minimum Required Required Bicycle Recommended Parking Spaces Maximum Permissible Use Spaces (may be on-(minimum of two Parking Spaces street, off-street, or spaces if not 5 combination)listed) Nursing, rest or convalescent homes Same as above Same as above Same as above Offices, medical and dental 2 spaces per each exam or 3 spaces per each exam Same as above consultation room or consultation room SERVICE USES, LODGING Bed and breakfast inns/tourist 1 space in addition to the 1 space per sleeping None spaces required for the room in addition to the homes residential unit spaces required for the residential unit Hotels/motels 1 space per hotel/motel 1.25 spaces per 2 spaces, plus 1 hotel/motel unit if space per each 10 unit meeting and/or banquet hotel/motel units space is provided SERVICE USES, PERSONAL Child day care centers and stand 1 space per each staff 1 space per each staff 2 spaces alone preschools4 member plus 1 drop-member, plus 1 drop- off/pick-up space off/pick-up space, plus one space per each 10 children Funeral parlors and mortuaries 1 space per 150 sq. ft. of 1 space per 75 sq. ft. of None assembly space assembly space 1 space per each 2 1 space per each Laundry and dry cleaning services None employees, plus 1 employee, plus 3 designated drop-off/ pick-additional spaces up space Other personal services (e.g., barber 1 space per 400 sq. ft. of 1 space per 200 sq. ft. of 2 spaces, plus 1 shops, beauty salons, etc.) gross floor area gross floor area space per each 10 vehicle parking stalls SERVICE USES, MISCELLANEOUS Automotive repair establishments2 1 space per each 2 1 space per each 2 spaces employees, plus 2 employee, plus 4 The Port Townsend Municipal Code is current through Ordinance 3328, passed January 2, 2024. Port Townsend Municipal Code Page 6/7 Table 17.72.080 Vehicular and Bicycle Parking Standards Minimum Required Required Bicycle Recommended Parking Spaces Maximum Permissible Use Spaces (may be on-(minimum of two Parking Spaces street, off-street, or spaces if not 5 combination)listed) additional spaces additional spaces PUBLIC FACILITY USES 1 space per each 600 sq. 1 space per each 300 sq. 2 spaces, plus 1 Offices, government ft. of gross floor area ft. of gross floor area space per each 10 vehicle parking stalls Public parks Determined on a case-by-Determined on a case-Determined on a case basis through SEPA by-case basis through case-by-case basis review SEPA review through SEPA review OTHER USES Churches 1 space per 8 seats or 1 1 space per 4 seats or 1 None space per each 12 lineal space per each 6 lineal feet of bench or pew feet of bench or pew Ferry landings Determined on a case-by-Determined on a case-Determined on a case basis through SEPA by-case basis through case-by-case basis through SEPA review SEPA review review Marinas No requirement for 1 space per each 10 4 spaces, plus 1 transient moorage slips; 1 transient and/or space per each 10 space per each 20 permanent moorage vehicle parking permanent moorage slips slips stalls Schools, elementary and middle 1 space per classroom, None 10 spaces per (public or private) plus 2 loading spaces per classroom classroom Schools, higher education Determined on a case-by-Determined on a case-Determined on a case basis through SEPA by-case basis through case-by-case basis through SEPA review SEPA review review Schools, high schools3 1 space per each 1 space per each 5 spaces per classroom and office, plus classroom and office, classroom 1 space per 8 pupils that plus 1 space per 4 pupils that are of legal The Port Townsend Municipal Code is current through Ordinance 3328, passed January 2, 2024. Port Townsend Municipal Code Page 7/7 Table 17.72.080 Vehicular and Bicycle Parking Standards Minimum Required Required Bicycle Recommended Parking Spaces Maximum Permissible Use Spaces (may be on-(minimum of two Parking Spaces street, off-street, or spaces if not 5 combination)listed) are of legal driving age driving age Storage areas that are incidental and None None None subordinate to a principal use 1 Repealed by Ord. 3300. 2 The area for off-street parking is exclusive of areas required for vehicle storage. 3 Parking requirements for associated public assembly areas, auditoriums, and stadiums shall be calculated separately. 4 Parking standards do not apply to in-home preschools, see Chapter 17.52 PTMC. 5 Projects in compliance with the 2024 interim Engineering Design Standards for street development shall treat off-street parking requirements as recommended, not required. Otherwise, projects shall comply with the minimum required parking quantities on site. (Ord. 3333, 2024; Ord. 3306 § 1 (Exh. BB), 2023; Ord. 3300 § 1 (Exh. A), 2022; Ord. 3035 § 9, 2010; Ord. 2996 § 2, 2008; Ord. 2977 § 1, 2008; Ord. 2939 § 4, 2007; Ord. 2893 § 2, 2005; Ord. 2782 § 4, 2001; Ord. 2635 § 1, 1998; Ord. 2571 § 2, 1997). The Port Townsend Municipal Code is current through Ordinance 3328, passed January 2, 2024. Agenda Bill:AB25-022 Meeting Date: March 3, 2025 Agenda Item:IX.B Regular Business Meeting Workshop/Study Session Special Business Meeting Submitted By: Adrian Smith Date Submitted: 02/26/2025 Department: Planning & Community Development Contact Phone: (360)-379-4423 SUBJECT: Ordinance 3348Amending the Critical Areas Ordinance Codified in Chapter 19.05 of the Port Townsend Municipal Code CATEGORY: BUDGET IMPACT: Consent Resolution Expenditure Amount: $0 Staff Report Ordinance Included in Budget? Yes No Contract Approval Other: Discussion Item Public Hearing (Legislative, unless otherwise noted) 3-Year Strategic Plan: 1 - Build small town quality of life Cost Allocation Fund: 010-021 GF - Planning SUMMARY STATEMENT: The City proposes amendments to the Critical Areas Ordinance (CAO) codified in Port Townsend Municipal Code Chapter 19.05 to update references to the CAO. Updates to the critical areas ordinance are part of the periodic update required under the State Growth Management Act (GMA) (RCW 36.70A.130). In this update, the City intends to: - Finalize proposals from the 2018 CAO update - Incorporate mandatory revisions necessary to comply with best available science and State requirements; - Address issues raised at the local level; - Reduce redundancies and make clarifying edits Background: This ordinance finalizes work started by the adoption of the 2018 Critical Areas Ordinance, bringing Port Townsend’s CAO into compliance with State requirements from 2021 and later. Planning Commission discussed the CAO on January 23, 2025. Planning Commission held an open public hearing on the proposed CAO updates on February 13, 2025. Upon close of the public hearing, the Commission voted unanimously to recommend approval. ATTACHMENTS: 1. Ordinance 3348 2. Exhibit A – Revisions to PTMC Chapter 19.05 3. Exhibit B – Public and State Agency Comments 4. Exhibit C –Matrix of Staff Responses 5. Exhibit D –Staff Report Proposed Interim Line-In Line-Out Code Edits Port Townsend Municipal Code Page2/2 STAFF RECOMMENDATION: Conduct the public hearing and move to approve first reading of Ordinance 3348 Amending the Critical Areas Ordinance Codified in Chapter 19.05 of the Port Townsend Municipal Code. ALTERNATIVES: Take No Action Refer to Committee Refer to Staff Postpone Action Remove from Consent Agenda Waive Council Rules and approve Ordinance ____ Other: The Port Townsend Municipal Code is current through Ordinance 3328, passed January 2, 2024. Port Townsend Municipal Code Page1/8 ORDINANCE NO. 3348 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 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 and 170, and WAC 365-196-485); and 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; and. 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; and 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); and. 5. 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; and. 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 The Port Townsend Municipal Code is current through Ordinance 3328, passed January 2, 2024. Port Townsend Municipal Code Page2/8 consideration” to conservation or protection measures necessary to preserve or enhance anadromous fisheries; and. 7. In 2010, the legislature established a new rule in WAC 365-196-580 on the integration of the Shoreline Management Act (SMA) with the GMA. This rule addressed overlaps between the designated critical areas and shorelines of the state; and. 8. 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 The Port Townsend Municipal Code is current through Ordinance 3328, passed January 2, 2024. Port Townsend Municipal Code Page3/8 of the functions and values of the ecosystem that include the impacted or lost critical areas”; and 9. The City adopted Ordinance No. 3062 on September 6, 2011, amending Chapter 19.05 PTMC and the SMP pursuant to WAC 365-196-580; and 10. The City initiated an update to Chapter 19.05 PTMC in 2015, identifying mandated amendments to comply with updated regulations and best available science; and 11. The City adopted Ordinance No. 3198 on May 21, 2018, amending Chapter 19.05 PTMC and the SMP pursuant to mandatory 2016 state regulations; and, NOW, THEREFORE, the City Council of the City of Port Townsend, Washington, do ordain as follows: Section 1. Findings. Based on the entire public record and public comments, written and oral, the City Council makes the following findings of fact: Phased GMA Periodic Update 1. The City is required under Section 36.70A.130 of the Revised Code of Washington to conduct a periodic review of the comprehensive plan and associated development regulations to continue to comply with the requirements of GMA. 2. The City has until December 2025 to comply with the comprehensive plan updated required by RCW 36.70A.130(1), with an additional six months for associated development regulations. 3. On February 3, 2025, City Council approved a Periodic Review preliminary docket which included updating the Critical Areas Ordinance as codified in Chapter 19.05 PTMC. Procedural History 4. The planning for this update to Chapter 19.05 PTMC (Critical Areas Ordinance or CAO) began in 2015. Parts of the CAO were updated in 2018, but not all required changes were adopted at that time. 5. Since 2015, the City has reviewed the existing and 2018 draft amendments to the CAO against the State’s guidance for mandated revisions; reviewing the existing and 2018 draft CAO amendments for best available science compliance pursuant to RCW The Port Townsend Municipal Code is current through Ordinance 3328, passed January 2, 2024. Port Townsend Municipal Code Page4/8 36.70A.172; and using the best available science management practices prepare proposed amendments to the City’s CAO. 6. In performing this periodic review, the City has: a. Conducted extensive research regarding the standards and requirements for regulating critical areas; b. Consulted with experts in the disciplines covered by these regulations; and c. Based proposed amendments on technical manuals provided by the State, the model ordinance in the Department of Commerce Handbook, Washington Department of Fish and Wildlife Priority Species and Habitat Recommendations, and quality examples from other Cities around the Puget Sound with recently updated critical areas ordinances. 7. The City of Port Townsend Planning Commission has considered public comment and reviewed the proposed amendments to the Chapter 19.05 PTMC critical areas regulations at regular public meetings and a properly noticed public hearing on February 13, 2025. At the conclusion of the public hearing, the Planning Commission voted unanimously to recommend approval of the proposed amendments, with subsequent edits responding to ongoing comments from noticed agencies. 8. Updated drafts of the amendments to Chapter 19.05 PTMC critical areas regulations were made available in concert with materials posted for the Planning Commission hearing. Notice of all 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 streamed via Zoom. All audio taped and written records of the Planning Commission’s deliberations during the meeting and hearing described in the above findings are adopted into the record. 9. Consistent with the requirements of the GMA (RC 36.70A.106), Planning staff provided notice of intent to adopt the proposed development regulation amendments to Chapter 19.05 PTMC to the State Department Commerce for review and comment. An initial draft was sent on January 15, 2025. The 60-day comment period will expire March 16, 2025. No substantive comments were received from the Department of Commerce prior to the adoption of this Ordinance. 10. On January 15, 2025, the City’s SEPA Responsible Official issued a determination of non-significance (DNS) for the amendments adopted herein. SEPA documentation included an analysis of cumulative impacts. The comment period ended on January 30, 2025. Comments were received from the Department of Natural Resources, the Department of Ecology, and the Washington Department of Fish and Wildlife. These comments were considered during the Planning Commission’s hearing on February 13, 2025.The City Council finds that the code amendments recommended herein have The Port Townsend Municipal Code is current through Ordinance 3328, passed January 2, 2024. Port Townsend Municipal Code Page5/8 been reviewed under the State Environmental Policy Act (SEPA) (Chapter 43.21C RCW, and Chapter 197-11 WAC) and Chapter 19.04 PTMC. 11. Notice of the City Council’s March 3, 2025 public hearing was published in the Port Townsend Leader in addition to posting on the City webpage and at City Hall, consistent with Section 20.04.080A(1). On March 3, 2025, City Council held an open record public hearing where they considered public comments, the findings and recommendations of the Planning Commission, and recommendations of staff. The City Council closed the record, closed the public hearing, and approved the first reading of this Ordinance NUMBER TBD. CommentsReceived 12.Public comment was received throughout the duration of the CAO update process. Comments were received in various formats including emails, written comments, and public testimony. The Planning Commission addressed comments. Comprehensive Plan 13. Chapter 3, Community Direction Statement states widely held community values. The Statement includes “… an extensive system of parks and opens 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…” 14. The Comprehensive Plan directs the City to protect critical areas and 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 The Port Townsend Municipal Code is current through Ordinance 3328, passed January 2, 2024. Port Townsend Municipal Code Page6/8 information is rapidly developing in natural resource areas affected by climate change. 15. 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). Section 2. Conclusions. Based on the record forwarded to it from the Planning Commission, the public testimony, and the findings contained in Section 1 of this Ordinance, the City Council makes the following conclusions: 1. The proposed amendments to Chapter 19.05 PTMC, Critical Areas, are consistent with criteria set forth in PTMC 20.04.080. The City Council has determined that the proposed amendments: 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.Respond to substantial changes in circumstances. 2. The opportunities provided for meaningful public participation employed in this review and amendment process are wholly consistent with the requirements of the The Port Townsend Municipal Code is current through Ordinance 3328, passed January 2, 2024. Port Townsend Municipal Code Page7/8 GMA (Section 36.70A.035, 36.70A.130, and the procedures set forth in Chapter 20.04 PTMC. 3. The City Council concludes that the review and needed revisions have been prepared in conformance with applicable law, including Chapter 36.70A RCW, Chapter 43.21.C RCW, and Chapter 20.04 PTMC. 4. The City Council has considered the cumulative effect of the updates to the CAO. Having adopted findings and conclusions as provided for in Chapter 36.70A RCW and Chapter 20.04 PTMC, the City Council adopts the following amendments: Section 3. Critical Areas Update: Chapter 19.05 PTMC, Critical Areas, is amended to read as set forth in Exhibit A. Section 4. Public Hearing. As provided for in RCW 35A.63.220, a public hearing was held to review the findings and conclusions adopted in this Ordinance. This public hearing was held on March 3, 2025. Section 5. Severability. If any section, sentence, clause or phrase of this Interim Ordinance should be held to be 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 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 within ten (10) days of adoption of this Ordinance. Section 7. Non Substantive Changes. 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 The Port Townsend Municipal Code is current through Ordinance 3328, passed January 2, 2024. Port Townsend Municipal Code Page8/8 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. Administrative Measures. 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 and Duration. This Ordinance shall take effect and be in force 5 days following its publication in the manner provided by law. . ADOPTED by the City Council of the City of Port Townsend, at a regular meeting thereof, held this ___ day of March, 2025. David J. Faber Mayor Attest: Alyssa Rodrigues City Clerk The Port Townsend Municipal Code is current through Ordinance 3328, passed January 2, 2024. Port Townsend Municipal Code Page 1/64 Chapter 19.05 CRITICAL AREAS Chapter 19.05 CRITICAL AREAS Sections: 19.05.010 Purpose. 19.05.020 Definitions. 19.05.030 General provisions Interpretations, relationship to other regulations, administrative rules, and maps. 19.05.040 Critical area permit requirements Applicability, exemptions, allowed activities, nonconforming structures, application requirements, special reports, and advance determinations. 19.05.050 Critical area permit administration Permit processing, public notice, exceptions, appeals, fees, and covenants. 19.05.060 General performance standards for development Avoidance, mitigation, on-site and off-site, density, minimum lot size, subdivisions, preferred construction practices, impervious surface standards, stormwater plans, mitigation plans. 19.05.070 Critical area 1 Aquifer recharge areas. 19.05.080 Critical area 2 Fish and wildlife habitat conservation areas. 19.05.090 Critical area 3 Frequently flooded areas and critical drainage corridors. 19.05.100 Critical area 4 Geologically hazardous area. 19.05.110 Critical area 5 Wetlands. 19.05.120 Violations and penalties. 19.05.130 Bonding and security. 19.05.140 Other laws and regulations. 19.05.150 Suspension Revocation. 19.05.160 Amendments. 19.05.170 Severability. 19.05.180 Assessment relief. 19.05.190 Limitation of actions. 19.05.010 Purpose. The Washington Growth Management Act (GMA) requires that critical areas within the city are to be protected by establishing protection standards for minimizing the impact of development of properties within critical areas consistent with Best Available Science. The goal of this chapter is to protect and improve the city of Port Critical areas provide a variety of valuable biological and physical functions that benefit the city of Port Townsend and its residents, and/or may pose a threat to human safety or to public or private property. Managing critical areas is also key to impro critical aquifer recharge areas; fish and wildlife habitat conservation areas; frequently flooded areas; critical drainage corridors; and geologically hazar protective buffers, and are of special concern to the city and the citizens of the state. This chapter addresses only the city council has determined that the city will not designate any natural resource lands as defined by the Growth Management Act. It is the intent of this chapter to protect the public health, safety, and welfare by: A. Reducing the potential for personal injury, loss of life or property damage due to flooding, erosion, landslides, seismic events or soil subsidence; B. Achieve no net loss of critical areas functions and values through avoidance or Using mitigation sequencing the ARC approach to mitigate 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; 3. Finally, compensate for the impact; Port Townsend Municipal Code Page 2/64 Chapter 19.05 CRITICAL AREAS 1.!impact altogether by not taking a certain action or parts of an action; 2.!Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts; 3.!Rectifying the impact by repairing, rehabilitating, or restoring the affected environment; 4.!Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; 5.!Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and/or 6. C. Protecting against publicly financed expenditures as a result of the misuse of critical areas when that misuse causes on-site or off-site: 1. Unnecessary maintenance and replacement of public facilities; 2. Mitigation for avoidable impacts; 3. Cost for public emergency rescue and relief operations where the causes are avoidable; 4. Degradation of the natural environment; D. Maintaining healthy, functioning ecosystems through the protection of unique, fragile and valuable elements of the environment, including ground and surface waters, wetlands, 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 city Comprehensive Plan. 19.05.020 Definitions. For the purposes of this chapter, the following definitions shall apply: -of- -induced change in an existing condition of a critical area or its buffer. Alteration includes, but is not limited to: 1. Grading, filling, dredging, draining, channelizing, cutting, topping; 2. Clearing, relocating or removing vegetation; 3. Paving, construction, including construction of surface water management facilities; 4. Storage of equipment and materials; or 5. Human activity that impacts the existing topography, vegetation, hydrology, water quality, or wildlife habitat. Alteration does not include interior building improvements or walking, passive recreation or similar activities. Port Townsend Municipal Code Page 3/64 Chapter 19.05 CRITICAL AREAS owner of the land on which that proposed activity would be located, a contract vendee, a lessee of the land, the person who would actually control and direct the proposed activity, or the authorized agent of such a person. used for potable water where a potential source of drinking and ground water is vulnerable to contamination. referred to as the 100-year flood). The area subject to the base flood is the special flood hazard area designated on flood insurance rate map- critical areas that is derived from a valid scientific process which meets the criteria in WAC 365-195-900 through 365-195-925. measures that: 1. Avoid or control soil loss and protect water quality from degradation caused by nutrients, animal waste, toxins and sediment; and 2. Avoid or minimize adverse impacts to surface water and ground water flow, and circulation patterns; and 3. Avoid or control the movement of sediment and erosion control caused by land alteration activities; and 4. Avoid or minimize adverse impacts to the chemical, physical, and biological characteristics of critical areas. BMPs are those practices as defined by the State of Washington Department of Agriculture, Washington State Department of Ecology, Washington State Department of Health, Washington State Department of Fish and Wildlife, Jefferson County conservation district, and other professional organizations. Applicable BMPs may be director. and/or structural stability of a critical area. structure. This area is determined by criteria set forth in PTMC 19.05.060. -by- including but not limited to site conditions and intensity of the proposed activity. and Wildlife. . For purposes of wetland compensatory mitigation, the Army Corps of Engineers order of preference for mitigation methods are: Compensatory mitigation can include, but is not limited to: Creation To intentionally establish the lost wetland/habitat function where it did not formerly exist. Enhancement To improve the condition of an existing degraded wetland/habitat so that the functions they provide are of a higher quality. Enhancement of critical areas may be used for partial compensatory mitigation per the requirements of this chapter. Preservation To ensure the permanent protection of existing, high-quality wetlands/habitats. Restoration To reestablish functional characteristics and processes. Port Townsend Municipal Code Page 4/64 Chapter 19.05 CRITICAL AREAS 1.!Re-establishment: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions and environmental processes to a former wetland. Re- establishment results in rebuilding a former wetland and results in a gain in wetland area and functions. Example activities could include removing fill, plugging ditches, or breaking drain tiles to restore a wetland hydroperiod, which in turn will lead to restoring wetland biotic communities and environmental processes. -Rehabilitation: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural/historic functions and environmental processes to a degraded wetland. Rehabilitation results in a gain in wetland function but does not result in a gain in wetland area. The area already meets wetland criteria, but hydrological processes have been altered. Rehabilitation involves restoring historic hydrologic processes. Example activities could involve breaching a dike to 2.Establishment (Creation): The manipulation of the physical, chemical, or biological characteristics of a site to develop a wetland on an upland where a wetland did not previously exist at an upland site. 3.!Preservation: The removal of a threat to, or preventing the decline of, wetlands by an action in or near those wetlands. 4.!Enhancement: The manipulation of the physical, chemical, or biological characteristics of a wetland to heighten, intensify, or improve specific wetland function(s). - of- recharge areas, fish and wildlife habitat conservation areas, frequently flooded areas and critical drainage corridors or areas, geologically hazardous areas, wetlands and streams. At the time of adoption of the updated critical areas regulations, Ordinance No. 3198, there were no streams identified within the city of Port Townsend. Stormwater Management Plan. that has been determined (by the Port Townsend department of public works) to require more restrictive regulation than city-wide standards afford, to Critical drainage corridors may be waters of the US or State, and mitigate flooding, drainage, erosion or sedimentation problems that have resulted or may result from the cumulative impacts of development and urbanization. a hazard area would be too great. Critical facilities include, but are not limited to, schools, hospitals, police, fire and emergency response installations which produce, use or store hazardous materials or hazardous waste.A Critical facility may be a high risk use regulated in aquifer recharge areas, but not all high risk uses are critical facilities. Department of Fish and Wildlife. Such habitat areas are documented with reference to lists, categories, and definitions of species promulgated by the Washington State Department of Fish and Wildlife or by regulations adopted currently or thereafter by the U.S. Fish and Wildlife Service. critical slope is determined by measuring the vertical rise over any 25-foot horizontal run for a specific area that results in a percentage of 40 or more. The critical slope hazard area includes the area of land that extends for 10 feet from the top and toe of the slope. when added to other past, present and reasonably foreseeable future actions regardless of who undertakes such other actions. Cumulative impacts can result from individually minor but collectively significant actions taking place over time. delineations are valid for a period of five years. the land or binds land to a specific development pattern including but not limited to a building permit, clearing and Port Townsend Municipal Code Page 5/64 Chapter 19.05 CRITICAL AREAS grading permit, shoreline substantial development permit, rezone, conditional use permit, variance, lot line revision, PUD, short and long subdivision, street and utility development permit, or any development subject to stormwater t approvals for interior PCD DSD department. -half feet above the ground. 1. On multistemmed or trunked trees, where the diameter at four and one-half feet above grade is actually greater than at a lower point on the tree, d.b.h. shall be measured at the narrowest diameter below four and one- half feet. In such cases the height of the measurement should be noted. Illustration 1a Multitrunked Tree Illustration 1b Multitrunked Tree 2. On sloping ground, diameter shall be measured from the uphill side of the tree. Port Townsend Municipal Code Page 6/64 Chapter 19.05 CRITICAL AREAS Illustration 2a Tree on Sloping Ground 3. On leaning trees, diameter shall be measured four and one-half feet up the stem in the direction of the lean. Illustration 3a Leaning Tree 4. On multitrunked trees, where tree splits into several trunks close to ground level, the diameter shall be the diameter equivalent to the sum of each individual trunk measured according to the principles listed above. Port Townsend Municipal Code Page 7/64 Chapter 19.05 CRITICAL AREAS Illustration 4a Multitrunk Tree, Close to Ground . improving the condition and function of a critical area, such as improving environmental functions in an existing, viable critical area by means of increasing plant diversity, increasing wildlife habitat, installing environmentally compatible erosion controls, or removing nonindigenous plant and/or animal species. Enhancement of one function should not result in the degradation of other functions. range. -rill erosion hazard. Feeder Bluffn eroding coastal bluff that delivers a significant amount of sediment to the beach over an extended period of time and contributes to the local littoral sediment budget. Feeder bluffs subject to wave action suitable habitats within their natural geographic distribution so that the habitat available is sufficient to support viable populations over the long term and isolated subpopulations are not created. This does not mean maintaining all individuals of all species at all times, but it does mean not degrading or reducing populations or habitats so that they are no longer viable over the long term. Counties and cities should engage in cooperative planning and coordination to help assure long-term population viability. These areas include, but are not limited to, a seasonal range or habitat element with which a classified species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain population levels and reproduce over the long term. These may include areas of relative density or species richness, flyways, breeding habitat, winter range, migratory routes and wildlife movement corridors. Fish and wildlife habitat conservation areas do not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of and are maintained by a port district or an irrigation district or company. areas mapped as such by the Federal Emergency Management Agency or the National Flood Insurance Program, or areas identified by the public works department through basin studies and hydraulic analysis. products, physical and biological conditions, and environmental qualities of a critical area that result from interactions among ecosystem processes and structures. Ecosystem functions include, but are not limited to, water quality protection; flood storage, conveyance, and attenuation; wave attenuation; ground water recharge and discharge; carbon sequestration; water temperature modification; and fish and wildlife habitats. beneficial roles served by critical areas including, but not limited to: water quality protection and enhancement of Port Townsend Municipal Code Page 8/64 Chapter 19.05 CRITICAL AREAS fish and wildlife habitat; food chain support; flood storage, conveyance, and attenuation; ground water recharge and discharge; erosion control; wave attenuation; aesthetic value protection; and recreation. , as referred to in WAC 365-190-120, means lands susceptible to erosion, sliding or other potentially hazardous geological events. They include erosion hazard areas, landslide hazard areas, seismic hazard areas and tsunami hazard areas. means a tree that is a threat to life, property, or public safety, as determined by a qualified arborist. create anaerobic conditions, thereby influencing the growth of plants. The presence of hydric soil shall be determined following the criteria and methods described in the approved federal wetland delineation manual and applicable regional supplements. a result of excessive water content. These areas include structures and roof projections, impervious decks/patios, roads, driveways, and other surfaces which similarly impede the natural infiltration of stormwater. - functions closely approximating those destroyed or degraded by a regulated activity. It does not mean replacement - and configuration to those found in the surrounding developed area. Infill development minimizes the need for new utilities and streets and supports the more efficient delivery of urban services through compact development patterns. a high water mark, confirmed landslide hazard areas (PTMC 19.05.100(C)(2)), and wetlands. For example, only the buildable area landward of the marine bluff edge shall be used in calculating impervious surface limits. movement due to a combination of geologic, topographic and hydrologic factors, including historic slope failures. These areas may be identified in the Port Townsend Comprehensive Plan, U.S. Geological Service Maps, the Department of Ecology Coastal Zone Atlas, or through site specific indicators or conditions. developed by the Puget Sound Action Team that describes environmentally friendly techniques to develop land and manage stormwater runoff. affected by wind and formed and maintained by marine wave action. Marine bluffs include those marine bluffs that have been modified by bulkheads or railroads (e.g., along Larry Scott Memorial Trail). Excluded from this definition are steep slopes that have been significantly removed from wave action due to the evolution of spits, lagoons, and protected marshes (e.g., bluffs along Washington Street downtown and above the campground at Fort Worden) or due to intervening, legal nonconforming development that eliminates wave action (e.g., bluffs behind Water Street between the Washington State Ferry terminal and Kearny Street). See . areas. Mitigation, in the following sequential order of preference, is by the following means: Port Townsend Municipal Code Page 9/64 Chapter 19.05 CRITICAL AREAS 1. Avoiding the impact altogether by not taking a certain action or parts of an action; 2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps, such as project redesign, relocation, or timing, to avoid or reduce impacts; 3. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment; 4. Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineered or other methods; 45. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; 56. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and/or 67. Monitoring the impact and taking appropriate corrective measures. Mitigation for individual actions may include a combination of the above measures. and values or the natural systems constituting the protected critical areas. and improvements that do not meet the setback or buffer requirements of this chapter for any defined critical area. for example, nonnative blackberries and listed on the State Noxious Weed List in Chapter 16-750 WAC. - were located. - -of- characteristics do not closely approximate those destroyed or degraded by a development activity. licensed professional not associated with the original submittal selected and retained by the city. The peer second review must verify the adequacy of the information, the adequacy of the analysis, and the completeness of the original checklist. -based substances comprised of a complex blend of hydrocarbons derived from crude oil through processes of separation, conversion, upgrading and finishing, such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils. The term product which is not liquid at standard conditions of temperature and pressure. consideration cost, existing technology, and logistics in light of overall project purposes, and having less impacts to critical areas. It may include using an area not owned by the applicant which can reasonably be obtained, utilized, expanded or managed in order to fulfill the basic purpose of the proposed development. determining whether critical areas are present on a lot as well as specific application and procedural details for permitting, site development and other requirements as described in this chapter. Port Townsend Municipal Code Page 10/64 Chapter 19.05 CRITICAL AREAS a qualified scientific expert with expertise appropriate for the relevant critical area subject in accordance with WAC 365-195-905. A qualified consultant must have obtained a B.S. or B.A. or equivalent degree in biology, engineering, environmental studies, fisheries, geomorphology, or related field, and have at least two years of related work experience. 1.!For wetlands, a qualified consultant meets the following: (a) A Bachelor of Science or Bachelor of Arts or equivalent degree in hydrology, soil science, botany, ecology, resource management, or related field, or four years of full-time work experience as a wetland professional may substitute for a degree, and (b) At least two additional years of full-time work experience as a wetland professional; including delineating wetlands, preparing wetland reports, conducting function assessments, and developing and implementing mitigation plans, and (c) Completion of additional wetland-specific training programs. This could include a more comprehensive program such as the University of Washington Wetland Science and Management Certificate Program or individual workshops on topics such as wetland delineation, function assessment, mitigation design, hydrophytic plant or hydric soil identification must be a Pprofessional Wwetland Sscientist with at least two years of full-time work as a wetlands professional, including experience delineating wetlands using the federal manuals and supplements, preparing wetlands reports, conducting function assessments, and developing and implementing mitigation plans. 2. For habitat, a qualified consultant must have a degree in biology or a related degree and professional experience related to the subject species. 3. For geologically hazardous areas, a qualified consultant means: a. An engineering geologist, with a Washington specialty license in engineering geology (LEG). A LEG is qualified to provide a study including interpretation, evaluation, analysis, and application of geological information and data to predict potential or likely changes in types and rates of surficial geologic processes due to proposed changes to a location. For marine shorelines west of Point Wilson on the Strait of Juan de Fuca, the LEG shall have at least three documented projects involving coastal processes including open ocean swell. A LEG may recommend mitigation measures that do not require engineering (e.g., appropriate buffers, landscaping); and where necessary; b. An engineer with a valid Washington State engineering license as specified in Chapter 18.43 RCW. Where mitigation measures require engineering, the geotechnical report must be co-sealed by an engineer who has a valid license with appropriate training and experience for the proposed engineered design mitigation. For engineered mitigation measures on marine shorelines, the engineer shall have the appropriate training and experience in coastal processes. 4. For frequently flooded and aquifer recharge areas, a qualified consultant means a hydrogeologist or engineer, licensed in the state of Washington with experience in preparing the required assessment. authorized condition. recommendations for critical area delineations and related regulations. Examples of these reports and surveys include, but are not limited to: 1. Site inventory and/or survey; 2. Application and site construction plan; 3. Special critical area report; Port Townsend Municipal Code Page 11/64 Chapter 19.05 CRITICAL AREAS 4. Site mitigation plan; and 5. Stormwater management plan. unaltered state as closely as possible. 1. Hold water for a considerable length of time and then consume it by evaporation, plant transpiration, or infiltration into the soil; or 2. Hold runoff while gradually releasing it at a predetermined maximum rate. shaking, slope failure, settlement, soil liquefaction, tsunami or faulting. distance specified by these regulations between a structure and a buffer, property line, road, etc. vegetation from four to 10 feet in height, and any species listed in the Washington State Department of Wildlife Priority Habitats and Species Program Report. including all abutting undeveloped lots or parcels under common ownership of the applicants, or the client(s) represented by the applicant, except where abutting lots are separated by a developed public right-of-way which effectively eliminates the functions and values of the critical area. Where utility or private access easements are located upon a site, site area computation shall include that area contained within the easement. Where public street rights-of-way are located within or bordering a site, site area computation shall not include that area contained within such rights-of-way. distance to horizontal distance by the following formula: vertical distance x 100 = % slope horizontal distance also referred to as the area of special flood hazard or SFHA. sensitivity to habitat manipulation or that are game species. depths of less than one foot. future throughout all or a significant portion of its range. Port Townsend Municipal Code Page 12/64 Chapter 19.05 CRITICAL AREAS Top of Slope and Toe of Slope. percent from slopes 40 percent or steeper. When no distinct break exists, the top of slope is the uppermost limit of the area where the ground surface drops 10 feet or more vertically within a horizontal distance of 25 feet. percent from slopes 40 percent or steeper. When no distinct break exists, the toe of slope of a steep slope is the lowermost limit of the area where the ground surface drops 10 feet or more vertically within a horizontal distance of 25 feet. - hereinafter amended. Wetland Classification. For the purposes of general inventory, wetlands are defined by the criteria in the approved federal wetland delineation manual and the Western Mountains, Valleys, and Coast Region supplement (U.S. Army Corps of Engineers, 2010 or as amended) applicable regional supplements. federal wetland delineation manual and applicable regional supplements. science dealing with the properties, distribution, and circulation of water through a wetland. and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include bogs, swamps, marshes, ponds and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of construction of a road, street or highway. Wetlands may include those Port Townsend Municipal Code Page 13/64 Chapter 19.05 CRITICAL AREAS artificial wetlands intentionally created from nonwetland areas to mitigate conversion of wetlands (RCW 36.70A.030(21)). Wetland Rating. The rating for a wetland is as defined in the Washington State Wetlands Rating System for Western Washington (2014) or as revised by Ecology. Wetlands, non-federally regulated Isolated. means wetlands that meet the following criteria: 1. Are outside of and not contiguous to any 100-year floodplain of a lake, river, or stream; and 2. Have no contiguous hydric soil or hydrophytic vegetation between the wetland and any surface water; and 3. Have no surface water connection to lake, stream, estuary or marine water body. 19.05.030 General provisions Interpretations, relationship to other regulations, administrative rules, and maps. A. Greater Restrictions. When any other development regulation of this code conflicts with this chapter, the regulation that provides greater protection to critical areas shall apply. If two or more critical areas are on the same site, the requirements that provide more protection to each of the critical areas shall apply. Any easements, covenants or deed restrictions to which the city is a party, which contain provisions more restrictive than this chapter, may be enforced by the city unless such easements, covenants or deed restrictions are specifically modified by the city council. B. Interpretation. The provisions of this chapter shall be held to be minimum requirements in their interpretation and application and shall be liberally construed to serve the purposes of this chapter. The Washington State Environmental Policy Act and theregulations of other state and federal governmental agencies may supplement these requirements. C. Relationship to Other Regulations. 1. Compliance with the provisions of this chapter does not constitute compliance with other federal, state, and local regulations and permit requirements that may be required (e.g., shoreline permits, hydraulic permit approval, Section 404 permits, etc.). The applicant is responsible for complying with all applicable requirements. 2. State Environmental Policy Act (SEPA). If applicable, these critical areas regulations shall apply in addition to review conducted under the State Environmental Policy Act (SEPA), as locally adopted. The SEPA review and threshold determination shall refer to the applicability of this chapter and any associated special reports that may be required. Subsequent approval of a critical areas permit shall incorporate SEPA mitigation measures as a condition of approval. 3. Shoreline Management Act (SMA). with the state guidelines, and the Department of Ecology (DOE) has approved the SMP. The SMP incorporates the critical areas ordinance (CAO) as adopted by Ordinance No. 2929 or as approved by Ecology, by reference (Chapter 6 of the SMP). The standards contained in this chapter apply equally to critical areas contained within shoreline jurisdiction. In processing shoreline permits (including shoreline substantial development permit incorporated into the findings and conclusions of the shoreline decision with detailed analysis either in the shoreline permit/exemption itself or in the associated SEPA document, where applicable. A separate critical areas permit is not required. In accordance with the Growth Management Act (RCW 36.70A.480), SMA (RCW 90.58.610), and the SMP Guidelines (WAC 173-26-221), critical areas located in shoreline jurisdiction provisions to meet SMA requirements (e.g. incorporation by reference). D. Administrative Rules/Procedures Manual. The director is authorized to adopt such administrative rules and regulations as necessary and appropriate to implement this chapter and to prepare and require the use of such forms as necessary for its administration. E. City Inventory of Critical Areas. Port Townsend Municipal Code Page 14/64 Chapter 19.05 CRITICAL AREAS 1. The approximate location and extent of critical areas will be displayed on various inventory maps available at the city PCD DSD. 2. Maps and inventory lists are not complete and are to be considered only as guides to the general location and extent of critical areas. Maps will be used for a preliminary determination to suggest the presence or absence of a critical area. However, where additional properties containing features meeting the definitions of critical areas contained in this chapter are identified by the city, properties containing such critical areas shall be subjected to the requirements of this chapter. Where mapped areas are confirmed through an advance determination under this chapter or through site visits and analysis of other available data as part of a permit application to not actually contain critical areas, the provisions of this chapter shall not apply. 19.05.040 Critical area permit requirements Applicability, exemptions, allowed activities, nonconforming structures, application requirements, special reports, and advance determinations. A. Applicability. 1. All development proposals, alterations or activities, structures and facilities located within the maximum buffer distance for each critical area type shall comply with the provisions of this chapter whether or not a permit or authorization is required.No person, company, agency or applicant shall alter a critical area or buffer except as consistent with the purposes and requirements of this chapter. 2. The city shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water, or vegetation or to construct or alter any structure or improvement without first assuring compliance with the requirements of this chapter. B. Exemptions. To be exempt from this chapter does not give permission to degrade a critical area or ignore the risk from natural hazards, nor does it grant approval or authorization for any work to be done in any manner which may violate any federal, state or city laws. Any incidental damage to, or alteration of, a critical area that is not a 1. Exempt Activities. The following activities shall be fully exempt from critical areas review, and not subject to the provisions of this chapter: a. Emergencies. Alterations in response to emergencies which threaten the public health, safety and welfare or which pose an imminent risk of damage to private property as long as any alteration undertaken pursuant to this subsection is reported to the city no later than 30 days after the alteration. Only the minimum intervention necessary to reduce the risk to public health, safety, or welfare and/or the imminent risk of damage to private property shall be authorized by this exemption. The city shall confirm that an emergency exists and determine what, if any, additional applications and/or measures shall be required of the property owner to protect the critical area consistent with the provisions of this chapter, and to repair any damage to a preexisting resource. If the director determines that the action taken, or any part of the action taken, was beyond the scope of an allowed emergency action, then enforcement provisions of PTMC 19.05.120, Violations and penalties, shall apply. After the emergency, the person or agency undertaking the action shall fully fund and conduct necessary restoration and other mitigation for any impacts to the critical area and buffers resulting from the emergency action in accordance with an approved critical area report and restoration/mitigation plan. The person or agency undertaking the action shall apply for after-the-fact review and pay applicable fees; and the alteration, critical area report, and mitigation plan shall be reviewed by the city in accordance with the review procedures contained herein. Mitigation activities must be initiated within one year of the date of the emergency. b. Existing agricultural activities. If a site has not been used for any agricultural purpose for 10 or more consecutive years from the date of the adoption of the ordinance codified in this chapter it is no longer considered agricultural. C. Allowed Activities. The activities listed in subsections (C)(1) through (16) of this section may occur within critical areas or required buffers if the director determines that the proposed activity will not impact the critical area in a manner contrary to the goals, purposes, objectives and requirements of this chapter and no purpose established under this chapter would be furthered by requiring a separate critical areas permit. Allowed activities are not exempt from other applicable development regulat Port Townsend Municipal Code Page 15/64 Chapter 19.05 CRITICAL AREAS design standards. If the director determines that the activity needs to be limited or conditioned to ensure impacts do not occur, the director may apply conditions to the underlying permit or require a minor critical area permit pursuant to subsection E of this section; in addition, the director may require the owner to enter into a restrictive covenant acknowledging the presence of a critical area and/or its buffer and restricting future activities on the property. 1. Modification to Existing Structures. Structural modifications of, addition to, or replacement of an existing legal nonconforming structure; provided, that such activity does not increase the potential impact to a critical area or its buffer. Within landslide hazard areas, modifications involving invasive foundation repair (e.g., digging new footings, drilling, driving pilings) or additions that add height to a nonconforming structure require a critical area permit and are only allowed with review of a special report demonstrating that no increased risk of the hazard will occur. Restoration of structures substantially damaged by fire, flood, or act of nature must be initiated within one year of the date of such damage, as evidenced by the submittal of a valid building permit. Structural repair shall be complete within two years after the catastrophe. (See also PTMC 17.88.030.) 2. Operations, Maintenance or Repair. Operation, maintenance or repair of existing structures and infrastructure improvements including: painting, roofing, septic tank cleaning, and repair of individual utility service connections consistent with best management practices if the activity neither: a. Increases risk to life or property; nor b. Further impacts critical areas or required buffers. 3. Previously Approved. An application for a building permit on a lot within a development for which the city has previously issued a land use permit, provided: a. The prior permit or approval has not expired or, if no expiration date, no more than five years have lapsed since the issuance of that permit or approval; and b. There is no material change in the development proposal or site conditions; and c. There is no new information available that would alter the previous critical area review; and d. The director determines the previous review adequately evaluated impacts to critical areas and, if needed, provided adequate mitigation; and e. The proposed development adheres to the permit conditions. 4. Activities within the Improved Right-of-Way. Replacement, modification, installation, or construction of utility facilities, lines, pipes, mains, equipment, or appurtenances, not including substations, when such facilities are located within the improved portion of the public right-of-way or a city authorized private roadway except those activities that alter a wetland or watercourse, such as culverts or bridges, or result in the transport of sediment or increased stormwater. Retention and replanting of native vegetation shall occur wherever possible along the right-of-way improvement and resulting disturbance. For geologically hazardous slopes (e.g. road cut/fill slope over 40%), engineered plans shall be required and, unless waived by the Director, a geotechnical engineer shall review the plans and certify that, either as proposed or subject to recommended mitigation measures, the project will pose no unreasonable threat to persons or property, either on or off site, and the proposal will not decrease slope stability. This exception is not intended to allow for development in historically altered bluffs. 5. Minor Utility Projects. Ordinary maintenance and repair of electric, natural gas, cable communications and telephone lines and facilities. Replacement of an entire line segment with similar facilities may be exempted where the director determines the replacement would not significantly impact the function or values of a critical area(s). 6. Landscaping. Routine landscape mMaintenance of existing landscaped areas using horticultural best practices, including selective pruning of trees and shrubs for safety and view protection, weeding, and planting, provided natural drainage patterns and topography are not altered. This does not include clearing or grading in order to develop or expand such activities in critical areas nor alteration of areas designated for retention as a condition of permit approval. Use of pesticides and herbicides is discouraged. Inappropriate use of pesticides Port Townsend Municipal Code Page 16/64 Chapter 19.05 CRITICAL AREAS and herbicides that result in adverse impacts to critical areas may be subject to enforcement action per Chapter 1.20 PTMC. 7. Preliminary mapping, survey work and subsurface exploration that result in insignificant disturbance of vegetation and soil. 8. Land clearing ordered by the director for abatement of a public nuisance that follows mitigation sequencing in 19.05.010.B. 9. Removal of trash and/or abandoned vehicles that results in insignificant disturbance of vegetation and soil. 10. Minor conservation and enhancement of critical areas that do not alter the location, dimensions or size of the critical area or buffer, and result in improvement of the critical area functions and values, including the following removal activities: a. Removal of noxious weeds or invasive species as identified by the state is allowed when: i. Activities are undertaken with hand labor including hand-held mechanical tools with no soil disturbance; when prescribed by the Jefferson County noxious weed control board, herbicides or biological control methods may be allowed and, in areas outside of landslide hazardous areas and their associated buffers, the use of riding mowers and light mechanical cultivation equipment may be allowed; ii. Plants that appear on the State Noxious Weed List must be handled and disposed of in accordance with the best management practices appropriate to that species; iii. Areas cleared by removal of noxious and/or invasive plant species must be revegetated with site- appropriate native species at natural densities and the site must be stabilized against erosion in iv. All work is performed above the ordinary high water mark and upland of wetlands; and v. The following limits are not exceeded: (A) Conservation/enhancement plans carried out by agencies with jurisdiction where no more than 3,000 square feet of soil may be exposed at any one time; or (B) Not more than 500 square feet of soil may be exposed at any one time, as calculated cumulatively over one year, without a permit and critical area report prepared by a qualified consultant. 11. Vegetation management consistent with a previously approved critical area mitigation, restoration, remediation, or enhancement plan that requires ongoing maintenance and vegetation management beyond final inspection and the required monitoring period for the permitted project. 12. Removal of hazard (danger) trees dead or diseased trees and vegetation within 50 feet of a permitted structure in a critical area for nesting and/or roosting by a priority species; provided recommended by a qualified arborist verifies the hazard status prior to removal and that the best management practices aovid and minimize damage to remaining trees and vegetation; provided, that the applicant receives permission from the Department of Fish and Wildlife for removal of vegetation used for nesting and/or roosting by a priority species. 13. Maintenance of existing city, county, or Washington State Parks trails located in accordance with an adopted plan; provided, that maintenance is conducted in accordance with approved standards and does not involve expansion or fill in a wetland. 14. Development and construction activities located outside a critical area, and which are proposed to occur at a distance which is equal to or greater than the maximum buffers and setbacks required under the provisions of Port Townsend Municipal Code Page 17/64 Chapter 19.05 CRITICAL AREAS this chapter; provided, that the director determines the specificity of a special report is not required and no useful purpose would be served by the requirement to obtain a critical areas permit. 15. Activities located in proximity to an eagle nest or roost; provided, that the permittee shall strictly observe Guidelines (May 2007 or as hereafter ame 16. Activities located in proximity to a heron nest, provided activities are completed in the nonbreeding season (October 1st through January 31st) and no significant vegetation removed from within the WDFW recommended year-round buffer. D. Allowed Activities for Specific Critical Areas Specific Performance Standards Apply. For development proposals and activities which contain only aquifer recharge areas, frequently flooded areas/critical drainage corridors or seismic hazard areas, the director may waive the application requirements and delineation requirements of this section and compliance with the general performance standards for development contained in PTMC 19.05.060. The director must be satisfied that the performance standards provided for in the individual critical area regulations for a specific environmental category are met and no purpose established under this chapter would be furthered by requiring compliance with application requirements or the performance standards for development. E. Minor Critical Area Permits (Type I-A). 1. Minor Critical Area Permits. Notwithstanding any other provision of this chapter, the PCD DSD director may, subject to making the findings set forth below, issue a minor critical area permit, with conditions or limitations as determined by the director. Minor critical area permits may be granted only where the director finds: a. The applicant has provided a report from a qualified consultant wherein the consultant has established a buffer that protects critical areas functions and values and the proposed activity lies outside of the buffer and any applicable setbacks. Where allowed by this Chapter, the consultant may recommend reduced buffers, subject to any codified minimum buffers. If mitigation is necessary to meet no net loss, a Type II critical areas permit is requiredProposals requesting reduced buffers or buffer averaging require a Type II critical areas permit; or b. The proposed activity is minor in nature (such as utility crossings, development or remodel of 250 square feet or less when no alteration of the critical area will occur, or minimal new landscaping) or creates only temporary impacts, and will have no off-site impacts; or c. The proposed activity is to be conducted in an isolated, self-contained area where there is no danger to private or public property and minimal impact to the environment; or d. The proposed activity is a critical areas restoration or enhancement project not otherwise required for mitigation of project impacts; or e. The proposed activity involves the relocation of electric facilities, lines, equipment or appurtenances, not including substations, with an associated voltage of 55,000 volts or less; or f. The proposed activity involves the relocation or installation of natural gas, cable communication, gas and telephone facilities, lines, pipes, mains, equipment or appurtenances; provided, the utility involves a conduit of two inches or less, a trench of two feet in width or less, and a construction corridor of 10 feet or less. 2. Minor critical area permits shall be conditioned to ensure that impacts to the critical area do not occur, and all activities conducted under the minor critical area permit shall comply with the provisions of this chapter and be carried out in a manner consistent with all laws and ordinances of the city of Port Townsend. 3. Minor critical area permits shall be processed as Type I-A permits. F. Application Requirements and Delineations. Port Townsend Municipal Code Page 18/64 Chapter 19.05 CRITICAL AREAS 1. Where either the applicant indicates a critical area/critical areas buffer is present, the area is mapped as a critical area/critical areas buffer, or the director has a reasonable belief that a critical area/critical areas buffer is located on the site, and impacts to critical area functions and values are unavoidable, the below-listed requirements apply to the application. These requirements shall not apply if the applicant conclusively demonstrates to the satisfaction of the director that critical areas or buffers are not actually located on site. Otherwise, the applicant must identify and document critical areas and their required buffers on a site using technical reports and surveys, temporary field marking, and delineating critical areas on site plans and/or preliminary plats. The following is an outline of the steps required by the applicant in the critical area permit process. These steps supplement and augment the development permit application process set forth in the land development administrative procedures, Chapter 20.01 PTMC. a. Staff Site Visit. If there is reason to believe a development project may involve a critical area/critical area buffer, a member of the city PCD DSD staff may visit the site to establish the probable existence or absence of a critical area/critical area buffer. b. Preapplication Consultation. Consistent with Chapter 20.01 PTMC, any person intending to apply for a critical areas permit is required to meet with the PCD DSD staff during the earliest possible stages of project planning in order to discuss impact avoidance, minimization or compensation before large commitments have been made to a particular project design. The director may waive this preapplication conference requirement if an applicant demonstrates, to the would render the preapplication conference unnecessary. c. Prepare a site inventory and survey with five-foot contours, showing all existing natural and built features. The site survey is to be used as a base for the site construction plan. The survey requirement may be waived or modified by the director due to a determination that site factors do not require the specificity of a survey. d. Provide a site construction plan delineating critical areas, their required buffer area, and significant vegetation (e.g., trees with a six-inch diameter at breast height). Unless the director waives one or more of the following information requirements, a site construction plan shall include: i. On four lots or less, a plan description and maps at a scale no smaller than one inch equals 20 feet. On more than four lots, plan description and maps shall be no smaller than one inch equals 50 feet. In each case the plan description maps shall show the entire parcel of land owned by the applicant and the certified survey boundary of the critical area on the parcel (in the case of wetlands, this will require a delineation by a qualified consultant prior to the site survey); ii. A description of the vegetative cover of the critical area and adjacent area including significant species and native vegetation; iii. A site plan for the proposed development showing the location, width, depth and length of all existing and proposed disturbed areas, structures, roads, stormwater treatment and installations for the whole site, including those proposed to be located within the critical area and its buffer; utility locations and clearing and trenching locations should be identified along with the location of any existing utilities to be connected to the site; iv. The exact location and specifications for all development activities including delineation of all disturbed areas, the amounts of filling and grading and methods of construction; v. Elevations of the site and adjacent lots within the critical area and its buffer at contour intervals of five feet; vi. Top view and typical cross-section views of the critical area and its buffer to the same scale as required in subsection (F)(1)(d)(i) of this section; proposal including a detailed description of the mitigation sequenced followed in the application. Port Townsend Municipal Code Page 19/64 Chapter 19.05 CRITICAL AREAS e. Special Reports. If a critical area/critical areas buffer is confirmed to exist on the site, an applicant may be required to provide a critical area special report prepared by a qualified critical area consultant. The report shall be provided in both hard copy and electronic format. i. Contents. Special reports shall identify and characterize any critical area/buffer as a part of the larger development proposal site, assess any hazards to the proposed development, assess impacts of the development proposal and construction related activities on any critical areas/buffer on, or adjacent to, or adversely affected by proposed activities on the development proposal site, and assess the impacts of any alteration proposed for a critical area/buffer. ii. Special reports shall use standards for best available science. iii. Special reports for two or more types of critical areas must meet the report requirements for each type of critical area. iv. Special reports shall be determined complete by the director, and (s)he may request more information as needed in order to protect the public and environment, and to ensure that the development is compatible with the land. v. The specific requirements of special reports shall be identified at the preapplication consultation and may be required to be supplemented at the discretion of the director. vi. The director may limit the required geographic area of the special report as appropriate if: (A) The applicant, with assistance from the city, cannot obtain permission to access properties under separate ownership; or (B) The proposed activity will affect only a limited part of the subject site. vii. Special Reports Valid. Unless conditions have substantially changed, special reports shall be considered valid for five years; after such date the city shall determine whether a revision or additional assessment is necessary. f. Stormwater management plan pursuant to PTMC 19.05.060(D)(5). g. A site mitigation plan pursuant to PTMC 19.05.060(D)(6). h. Waivers of Special Reports. The director may waive the requirement for a special report if there is substantial evidence showing that all the following are present: i. There will be no alteration of the critical areas or required buffer; and ii. The proposed development will not impact the critical area in a manner contrary to the goals, purposes, objectives and requirements of this chapter; and iii. The minimum standards required by this chapter are met. i. Exceptions to Special Reports. No special report is required for the following development proposals: i. Any development or remodel of a structure or improvements when no alteration of the critical area will occur; except, any associated construction for additional parking or impervious surface greater than 250 square feet in the aggregate will require a special report. ii. At the discretion of the director, reports previously compiled or submitted as part of a proposal for development may be used as a critical areas report to the extent that the requirements of this chapter and the report requirements for each specific critical area are met. Unless conditions have substantially changed, reports shall be considered valid for five years; after such date the city shall determine whether a revision or additional assessment is necessary. Supplemental critical areas reports may be required to address changes to the project scope and potential impacts or to address changes to Port Townsend Municipal Code Page 20/64 Chapter 19.05 CRITICAL AREAS applicable regulations. The director shall make such field investigations as are necessary to determine if the criteria for an exception are satisfied. j. Field marking is required for all development proposals. i. Prior to the preconstruction meeting, the applicant shall mark the following on the site to reflect the proposed site construction plan: the location of the building footprint, critical area(s) boundaries, the outer extent of required critical area buffers, areas to remain undisturbed, and trees and vegetation to be removed; markings are intended to prevent disturbance of critical areas and buffers and may include such items as temporary fences. Detailed requirements may be specified in the procedures manual prepared by the PCD DSD; and iii. Maintain the field markings for critical area(s) and areas to remain undisturbed throughout the duration of the permit. k. A preconstruction meeting at the development site is required for all projects. project details and methods of construction. Subcontractors such as those conducting grading or excavation work may also be required to attend the meeting. Applicants are encouraged, but not required, to allow attendance by interested citizens. ii. No construction activity, including land clearing or grading, shall be permitted until the information required by the appropriate critical area section is reviewed and approved by the director. 2. Advance Determination. Advanced determinations shall be made in accordance with the Type I-A process in Chapter 20.01 PTMC. a. A property owner or person with consent of the property owners may request an advance determination regarding the presence or absence of critical areas on a particular parcel outside of the normal permitting process. A request may be made upon payment to the development services department of the initial filing fee. The advance determination shall be based upon existing conditions at a particular site and shall be valid for a period of five years from the date of the special report. Should the director be unable to make a conclusive determination from a site visit and review of available information, the applicant may be identified in subsection (F)(1) of this section to allow a conclusive determination to be made. b. The director may grant an extension for up to two years upon written request by the original owner or the successor in title. Requests shall be filed in writing with the PCD DSDdirector at least 90 days prior to the expiration of the approval period. An extension may be granted only where the director determines that there have been no changes in either the site conditions or applicable delineation methods. 19.05.050 Critical area permit administration Permit processing, public notice, exceptions, appeals, fees, and covenants. This section contains the procedures that the city will use in processing critical area permits, as supplemented by Chapter 20.01 PTMC. This process includes exceptions that may be used by an applicant to lessen the development standards due to unique site characteristics which would make strict application of the standards unreasonable. Means to appeal administrative decisions are also included. A. Review of Critical Areas Permits and Acceptance of Special Reports. 1. The director, as part of the review process, shall verify information submitted by the applicant to: a. Confirm the nature and type of the critical areas, evaluate the special critical areas report and either accept the special report or remand it for corrections; Port Townsend Municipal Code Page 21/64 Chapter 19.05 CRITICAL AREAS b. Determine whether the development proposal is consistent with the performance standards contained in this chapter; c. Determine whether any proposed alterations to critical areas are necessary; and d. Determine if the mitigation plans and bonding measures proposed by the applicant are sufficient to protect the public health, safety and welfare, and are consistent with the purposes, objectives and requirements of this chapter. 2. The applicant shall submit documents that demonstrate that any development proposal submitted conforms to the requirements of this chapter; and, if required, shall provide additional information with a special critical areas report. Critical area reports may be required in order to identify the presence, extent, and classification/rating of potential critical areas, as well as to analyze, assess, and mitigate the potential adverse impact to or risk from critical areas. The director may require peer review of any documents or reports at the expense of the applicant where the director deems it to be reasonably necessary to ensure the accuracy, effectiveness or objectivity of any of the documents, reports or measures proposed within them. A written determination from the director requiring peer review shall include the following information: a. A statement giving the reason(s) peer review is requested (e.g., possible errors of fact or law, possible error in judgment, possible lack of objectivity, or the existence of additional or new information); b. A statement of the specific areas of the report believed to be inadequate or in error, or not sufficiently definite to allow environmental analysis; and c. The specific information sought (such as review of the wetland delineation line, the appropriateness of proposed mitigation procedures, feasibility of the plan or recommended action, conflicting scientific evidence, etc.). is not required before consultation with other agencies. 4. Review Criteria. The director may approve with conditions, or deny, any development proposal or regulated alteration in order to comply with the requirements and carry out the requirements of this chapter based on the following criteria: a. The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site; b. The proposal minimizes the impact on critical areas in accordance with mitigation sequencing in PTMC 19.05.060(A); c. Any alterations permitted to the critical area are mitigated in accordance with mitigation requirements in PTMC 19.05.060(B); d. The proposal is consistent with best available science and results in no net loss of critical area functions and values; and e. The proposal meets the criteria in other applicable regulations and standards. 5. Approval of a development proposal pursuant to the provisions of this chapter does not discharge the obligation of the applicant to comply with the provisions of this chapter. B. Permit Processing, Expiration, Modifications and Extensions. 1. The director shall consolidate the processing of related aspects and permits from other regulatory programs which affect activities in critical areas, such as SEPA, shorelines, subdivision, etc., with the critical area review process established in this chapter to provide a timely and coordinated permit process as set forth in Chapter 20.01 PTMC. Port Townsend Municipal Code Page 22/64 Chapter 19.05 CRITICAL AREAS 2. Permits shall be valid for a period of one year from the date of issuance and shall expire at the end of that time if they are not acted upon, unless a longer or shorter period is specified by the director upon issuance of the permit. 3. Extensions of or minor modification to a critical areas permit may be requested by the original permit holder or the successor in title and approved by the PCD DSD director subject to the provisions for Type I decisions in Chapter 20.01 PTMC. Requests shall be filed in writing with the PCD DSD director at least 90 days prior to the expiration of the approval period or any subsequently approved extension. 4. Review Criteria. The director shall make written findings and conclusions that the following exist: a. For extensions, the proposal remains consistent with all land use and development ordinances of the city in force at the time of the extension. b. For modifications: i. The modification will not be inconsistent with the findings, conclusions, and decision of the city approving the critical areas permit; ii. The modification will not violate any applicable city policy or regulation; and iii. The intent of the original conditions is not altered. 5. Extensions shall be granted by the director in one- from the original permit expiration date. 6. Prior to the granting of an extension or minor modification, the director may require updated reports and/or additional hearings if, in his/her judgment, the original intent or the circumstances relevant to the review and issuance of the original permit have changed substantially, or if the applicant failed to abide by the terms of the original permit. C. Public Notice. The city shall notify the public of proposals in accordance with the provisions of PTMC 20.01.150 and notice of final decision in PTMC 20.01.280. D. Exceptions Public Agency and Utility. 1. If the application of this chapter would prohibit a development proposal by a public agency or public utility, or development of a utility which is to be conveyed to a public agency/public utility, the applicantgency or utility may apply for request an exception pursuant to this section. 2. Exception Request and Review Process. Application for a public agency and utility exception shall be processed as: a. aA Type II permit as set forth in Chapter 20.01 PTMC if outside of shorelines jurisdiction. b. A Shoreline Variance in accordance with Section 10.7 of the Shoreline Master Program if in shorelines jurisdiction. In addition to the application submittal requirements in PTMC 19.05.040(F), the applicant shall address the review criteria set forth below. 3. Public Agency and Public Utility Review Criteria. Exceptions may be granted for transportation and utilities where avoidance is not practicable. Any public agency/utility exception shall be reviewed and approved, a. There is no other practical alternative to the proposed transportation/utility improvement with less impact on the critical areas; Port Townsend Municipal Code Page 23/64 Chapter 19.05 CRITICAL AREAS b. The application of this chapter would unreasonably restrict the ability to provide utility services to the public; c. The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site; d. The proposal includes measures to protect and mitigate impacts to the critical area functions and values consistent with the best available science; and e. The proposal is consistent with other applicable regulations and standards. 4. Burden of Proof. The burden of proof shall be on the applicant to show by a preponderance of the evidence E. Exception Reasonable Use. 1. If the application of this chapter would deny all reasonable economic use of the subject property, the city shall determine if compensation is an appropriate action, or the property owner may apply for an exception pursuant to this section. A reasonable use exception is a measure of last resort for use only in those situations where all economic use of a property would be denied by the critical areas regulations. 2. Exception Request and Review Process. Application for a reasonable use request shall be processed as a. A Type II permit as set forth in Chapter 20.01 PTMC if outside of shorelines jurisdiction. b. A Shoreline Variance in accordance with Section 10.7 of the Shoreline Master Program, if in shorelines jurisdiction. is a Type II action and shall be considered in accordance with the procedures for such actions as set forth in Chapter 20.01 PTMC. In addition to the application submittal requirements in PTMC 19.05.040(F), application for a reasonable use exception shall include: a. Technical studies and other data that describe the possible injurious effects of the proposed development on occupiers of the land, on other properties, on public resources, and on the environment. Possible injurious effects must be described even when the injurious effect will become significant only in combination with similar effects from other developments; and b. An explanation with supporting evidence of how and why compliance with the unmodified critical areas development standards would not permit reasonable use of the property. 3. Reasonable Use Review Criteria. The director may approve a reasonable use exception and modify a critical areas development standard only when all of the following findings can be made: a. The application of this chapter would deny all reasonable use of the property; b. No other reasonable use of the property has less impact on the critical area; c. The proposed impact to the critical area is the minimum necessary to allow for reasonable use of the property; d. The inability of the applicant to derive reasonable use of the property is not the result of actions by the applicant after the effective date of the ordinance codified in this chapter or its predecessor; e. The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site; f. The proposal will result in no net loss of critical area functions and values consistent with the best available science; and Port Townsend Municipal Code Page 24/64 Chapter 19.05 CRITICAL AREAS g. The proposal is consistent with other applicable regulations and standards. 4. A critical areas development standard may be reduced, waived or otherwise modified only to the extent necessary to make the standard reasonable in light of all the facts and circumstances of a particular case. In modifying a development standard the director may impose reasonable conditions that prevent or mitigate the same harm that the modified regulation was intended to prevent or mitigate. pursuant to a modified development standard will cause significant injury shall be affirmed unless found to be reasonable shall be accorded substantial weight. F. Notice of Final Decisions. Notice of a final decision on any critical area development permit or reasonable use exception shall be mailed in accordance with PTMC 20.01.280. G. Appeals and Stay During Pendency of Appeals. 1. An appeal of the final decision of the director on a critical area development permit (Type I-A or II), critical areas exception (Type II), or on an advance determination (Type I-A) shall follow the appeal procedure outlined in Chapter 20.01 PTMC. 19.05.040(F)(1) shall be deemed an appeal of the underlying development permit and consolidated with an appeal of the development permit. consent of the property owner (to avoid having to obtain a critical area development permit). The appeal shall be determined prior to issuance or denial of a permit on the development proposal. The appeal shall be noticed in the same manner as the underlying project. 43. Construction under any permit issued by the city shall be stayed until the expiration of any appeal period or the final resolution by the city of any appeal which has been filed under this chapter. H. Fees. Fees shall be as set forth in Chapter 20.09 PTMC. I. Hold Harmless Agreement. Unless waived by the PCD DSD director upon a finding that no useful purpose would be served, the owner of a property containing critical areas on which a development proposal is submitted, except a public right-of-way or the site of a permanent public facility, shall file an agreement approved by the director and recorded with the Jefferson County auditor prior to the issuance of any permit or preliminary approval of a short plat or subdivision. Said agreement shall be in a form approved by the city attorney, shall hold harmless and indemnify the city and its employees from and against any liability for damages to persons or property as the result of construction or other action undertaken by the applicant on the subject property and be binding on the applicant and his/her successors and assigns. J. Record Notice of Presence of Critical Area. 1. Unless waived by the PCD DSD director upon a finding that no useful purpose would be served, the owner of any property with a field-verified presence of critical areas or their associated buffers pursuant to this chapter on which an activity subject to this chapter is proposed shall record a covenant with the Jefferson County auditor in a form approved by the city attorney. The covenant shall provide notice in the public record of the presence of a critical area or its buffer, the application of this chapter to the property, and that limitations on actions in or affecting such critical areas and their buffers may exist. The covenant shall be notarized and shall be recorded prior to approval of any development proposal for such sites. 2. The covenant shall run with the land. The applicant shall submit proof that the covenant has been filed for record before the city shall approve any development proposal and failure to provide such notice to the city or any purchaser prior to developing or transferring any interest in the property shall be a violation of this chapter. Port Townsend Municipal Code Page 25/64 Chapter 19.05 CRITICAL AREAS 19.05.060 General performance standards for development Avoidance, mitigation, on-site and off-site, density, minimum lot size, subdivisions, preferred construction practices, impervious surface standards, stormwater plans, mitigation plans. Per PTMC 19.05.040(D), the director may waive compliance with general performance standards for development proposals or alterations within areas that contain only aquifer recharge, frequently flooded/critical drainage corridors or seismic hazard areas. A. Avoiding Impacts to Critical Areas. 1. Unless otherwise specified in this chapter, before impacting any critical area or its buffer, an applicant shall demonstrate that the actionslisted in 19.05.010.Bhave been taken. Actions are listed in the order of preference: a. Avoid the impact or hazard by not taking a certain action or parts of an action; b. Minimize the impact or hazard by: i. Limiting the degree or magnitude of the action with appropriate technology; or ii. Taking affirmative steps, such as project redesign, relocation or timing; c. Rectify the impact to critical areas by repairing, rehabilitating or restoring the affected critical area or its buffer; d. Minimize or eliminate the hazard by restoring or stabilizing the hazard area through engineered or other methods; e. Reduce or eliminate the impact or hazard over time by preservation or maintenance operations during the life of the development proposal or alteration; f. Compensate for the adverse impact by enhancing critical areas and their buffers or creating substitute critical areas and their buffers; and g. Monitor the impact, hazard or success of required mitigation and taking remedial action. 2. Relief from Zoning Setbacks. In order to avoid critical area impacts and satisfy the buffer and setback requirements of this chapter, the director may approve up to a 50 percent reduction in the minimum yard setbacks established by the underlying zoning district for any two setbacks. For proposals within or contiguous to an R-I or R-II residential zoning district, a minimum five-foot setback must be retained. Critical areas permits requesting relief from zoning setbacks shall be processed according to the procedures for Type II land use decisions established in Chapter 20.01 PTMC. B. Mitigation and Monitoring. 1. If mitigation is required under this chapter to compensate for adverse impacts, unless otherwise provided, an applicant shall: a. Mitigate adverse impacts to: i. Critical areas and their buffers; and ii. The development proposal as a result of the proposed alterations on or near the critical areas; and b. Monitor the performance of any required mitigation. 2. Unless it is determined that a higher level of ecological functioning would result from an alternate approach, compensatory mitigation for ecological functions shall be either in-kind and on site, or in-kind and within the same drainage basin or drift cell (if estuarine wetlands are impacted). Port Townsend Municipal Code Page 26/64 Chapter 19.05 CRITICAL AREAS 3. The department shall not approve a development proposal until mitigation and monitoring plans are in place to mitigate for alterations to the functions and values of critical areas and buffers. 4. Whenever mitigation is required, an applicant shall submit a critical area report that includes: a. An analysis of potential impacts; b. A site mitigation plan, as further described under subsection (D)(6) of this section, that meets the specific mitigation requirements in this chapter for each critical area impacted; and c. A monitoring plan that includes: i. A demonstration of compliance with this chapter; ii. A contingency plan in the event of a failure of mitigation or of unforeseen impacts if: (A) the department determines that failure of the mitigation would result in a significant impact on the critical area or buffer; or (B) the mitigation involves the creation of a wetland; and iii. A monitoring schedule that may extend throughout the impact of the activity or, for hazard areas, for as long as the hazard exists. 5. The department may require a performance or maintenance bond to ensure completion and success of proposed mitigation. 6. Mitigation shall not be implemented until after the department approves the site mitigation and monitoring plan. The applicant shall notify the department when mitigation is installed and monitoring is commenced and shall provide the city with reasonable access to the mitigation for the purpose of inspections during any monitoring period. 7. If monitoring reveals a significant deviation from predicted impact or a failure of mitigation requirements, the applicant shall implement an approved contingency plan. The contingency plan constitutes new mitigation and is subject to all mitigation including a monitoring plan and financial guarantee requirements. C. Off-Site Mitigation. 1. To the maximum extent practicable, an applicant shall mitigate adverse impacts to a wetland or fish and wildlife habitat conservation area on or contiguous to the development site. The department may approve mitigation that is off the development site if an applicant demonstrates that: a. There are no reasonable on-site or in-drainage basin opportunities (e.g., on-site options would require elimination of high functioning upland habitat), or on-site and in-sub-drainage basin opportunities do not have a high likelihood of success based on a determination of the natural capacity of the site to compensate for the impacts. Considerations should include: anticipated wetland mitigation replacement ratios, buffer conditions and proposed widths, available water to maintain anticipated hydrogeomorphic classes of wetlands when restored, proposed flood storage capacity, potential to mitigate riparian fish and wildlife impacts (such as connectivity); and b. The off-site mitigation will achieve equivalent or greater hydrological, water quality and wetland or habitat functions. 2. When off-site mitigation is authorized, the department shall give priority to locations within the same sub- drainage basin as the development proposal site that meet one or more of the following: a. Wetland Mitigation Banks. Credits from a wetland mitigation bank certified under Chapter 173-700 WAC may be used to compensate for impacts if located within the service area and consistent with the replacement ratios specified in the mitigation bank instrument; b. In-Lieu Fee Mitigation (ILF). Credits from an approved in-lieu fee program may be used if located Port Townsend Municipal Code Page 27/64 Chapter 19.05 CRITICAL AREAS qualified wetland professional shall calculate debits associated with the proposed impacts using the credit assessment method specified in the ILF program; c. Permittee-responsible Private mitigation sites that are established in compliance with the requirements of this chapter and approved by the department; d. Public mitigation sites, including Wetlands and Fish and Wildlife Habitat Conservation Areas, that are identified and prioritized for mitigation have been ranked in a process that has been supported by ecological assessments, Plan and Detailed Implementation Plan for the Quilcene-Snow Water Resource Inventory Area (WRIA 17), and the Hood Canal Integrated Watershed Plan including wetland and aquatic areas established as priorities for mitigation in city basin plans or other watershed plans; e. Properties actively managed for preservation, open space or parks by a public entity or nongovernmental agency and approved by the department provided the preservation is new and additive to existing preserved sites. 3. The department may require documentation that the mitigation site has been permanently preserved from future development or alteration that would be inconsistent with the functions of the mitigation. The documentation may include, but is not limited to, a conservation easement or other agreement between the applicant and owner of the mitigation site. The city may enter into agreements or become a party to any easement or other agreement necessary to ensure that the site continues to exist in its mitigated condition. 4. The department shall maintain a list of sites available for use for off-site mitigation projects. 5. The department may develop an in-lieu fee program to allow the payment of a fee in lieu of providing mitigation on a development site. The program should address: a. When the payment of a fee is allowed considering the availability of a site in the same sub-drainage basin with comparable hydrologic and biological functions and potential for future habitat fragmentation and degradation; and b. The use of the fees for mitigation on public or private sites that have been ranked according to ecological criteria through one or more programs that have included a public process. D. General Performance Standards. The performance standards below apply to any development proposal or alteration on sites located wholly or partially within confirmed critical areas or their buffers. In addition to the following general performance standards, the performance standards of the applicable critical area also apply (e.g., a proposal impacting wetlands is subject to both the general performance standards and the standards set forth in PTMC 19.05.110). 1. Maximum Density. a. Densities less than the maximum permitted by the underlying zone may be required to protect the functions and values of confirmed fish and wildlife habitat conservation areas, frequently flooded areas, landslide/erosion hazard areas or wetlands. Site plans shall identify an accessible building pad located outside of the critical area and its buffer. This may necessitate lot consolidation, lot line adjustment, binding site plan or subdivision. For the purpose of this chapter, maximum density in confirmed critical areas or their associated buffers shall be one dwelling unit per each 10,000 square feet of site area (as defined in PTMC 19.05.020), with the exception of those lot sites containing only aquifer recharge, frequently flooded, critical drainage corridor or seismic hazard areas. The maximum density for sites containing only aquifer recharge, frequently flooded, critical drainage or seismic hazard areas shall be as specified in the zoning ordinance. Areas waterward of the ordinary high water mark and confirmed landslide/erosion hazard areas (PTMC 19.05.100(C)(2)) and wetlands shall not be included to calculate allowable density. For example, only the buildable area landward of the marine bluff edge shall be used in the calculation. ADUs do not count toward density; provided impervious surface limitations of subsection (D)(4) of this section shall apply. Port Townsend Municipal Code Page 28/64 Chapter 19.05 CRITICAL AREAS b. The limitation in subsection (D)(1)(a) of this section may be modified under the provisions of Chapter 17.32 PTMC, Planned Unit Developments. c. The design, shape, size and orientation of lots shall be appropriate to the use for which the lots are intended and the character of the area in which they are located. Densities less than one dwelling unit per 10,000 square feet may be required for reason of geologically hazardous slopes, slide hazard areas, poor drainage, flood hazards, wetland buffers, or to reduce habitat impacts, or other unique conditions or features which warrant protection of the public interest. d. Parcels in single ownership with an area less than 10,000 square feet which are in existence on the date the ordinance originally codified in this chapter (Ordinance 2319, October 19, 1992) became effective shall be considered legal nonconforming lots. Development on these parcels shall conform to the procedures and development standards of this chapter. Development of these parcels may be conditioned to avoid impacts to critical areas. Such parcels in single ownership which contain more than one platted lot shall be considered a single parcel for purposes of this chapter. A parcel is defined as any tax parcel in existence at date of adoption of the ordinance codified in this chapter. e. Vacant platted lots which are held in the same ownership as a platted lot or lots containing a dwelling or commercial structure lawfully constructed prior to adoption of the ordinance codified in this chapter (1992) are excepted from the maximum density requirements of this section as long as no parcel is created which does not meet the lot area or dimensional requirements of the zoning ordinance. 2. Construction Preferred Practices. The following preferred construction practices shall be incorporated into the design of proposed critical area development where reasonable and practicable: a. Use common access drives and utility corridors; b. Design roads, walkways, and parking areas to parallel natural hillside contours while maintaining consolidated areas of natural topography, and vegetation, and wildlife habitat; locate access in the least environmentally sensitive location practicable; c. Use retaining walls that maintain existing natural slopes in place of graded artificial slopes; d. Provide for necessary emergency vehicle access as approved by the director; e. Building pads and disturbed areas should be located outside of critical areas and buffer boundaries. 3. Land Divisions Building Pad. a. The following requirements pertain to short plats, subdivisions, PUDs, lots of record and lot line adjustments only. These requirements may be waived only by the director. i. Identify, for each lot, an accessible building pad located outside of the critical area and its buffer. ii. Determine the location of a building pad by considering vegetation, topography, critical areas, and the relationship of the proposed building pad to existing/proposed homes. iii. Identify approved building pads and critical areas on final mylars. iv. If insufficient land area exists outside of critical areas and their buffers for all building sites, the proposal may be required to develop at less than the maximum permissible density in order to avoid negative impacts to critical areas. b. Binding Site Plans. All buildings proposed in a binding site plan shall be designed to be outside of critical areas and their buffer boundaries. 4. Clustering: As an alternative to a PUD process, through the Type II critical areas permit, where the presence of critical areas makes portions of a site unbuildable, an applicant may be permitted to transfer the density attributable to the unbuildable area of the property to another noncritical portion of the same Port Townsend Municipal Code Page 29/64 Chapter 19.05 CRITICAL AREAS site or property subject to the limitations of this section. Up to 100 percent of the density that could be achieved on the unbuildable portion of the site can be transferred to the noncritical area portion of the property, subject to: (a) The density limitation of the underlying zoning district; (b) The minimum lot size of the underlying zoning district may be reduced by up to 25 percent (a lot line adjustment/plat/full subdivision may be required); (c) Applicable setbacks may be reduced by 20%; (d) Lot coverage standards of underlying zoning regulations may be calculated based on the total site area and clustered on the buildable areas of the site; and (e) The critical area shall be protected and managed to prevent degradation and ensure protection of critical area functions and values in perpetuity. Permanent protection shall be achieved through recordation of easements, covenants or deed restrictions between the owner and the city or a tax- exempt organization (such as a land trust) or other governmental agency, in a form approved by the city attorney. 45. Impervious Surface Limits for Lots. a. The maximum total percentage of land a lotarea that can be covered by impervious surfaces (including parking areas) is limited by the slope of the lot for all detached single-family developments in the R-I and R-II zoning districts as follows: Impervious Surface Limit (expressed as % of Lot Slope actual land area) Less than 15% 30% 15 30% 25% Greater than 30% 20% Calculate the average slope of the entire lot. Apply the maximum percent of impervious surface to the land area as defined in this Chapter. Areas waterward of the ordinary high water mark, confirmed landslide hazard areas (PTMC 19.05.100(C)(2)), and wetlands shall not be included to calculate land area. For example, only the buildable area landward of the marine bluff edge shall be used in the calculation. In shoreline jurisdiction: In no case shall total impervious area exceed 5,000 square feet for any one single- family detached dwelling and accessory structures (i.e., when a single-family home is proposed over multiple lots, the total impervious area must not exceed 5,000 square feet). b. The director may grant a waiver of impervious surface limits, allowing the percent of impervious surface to equal the maximum percent of lot coverage allowed under PTMC Title 17 if the request is the proposal minimizes impacts to critical areas and meets one of the following criteria: i. The proposal uses preferred practices, outlined in subsection (D)(2) of this section, which are appropriate for the lot; or ii. The lot has a unique shape or proportion (i.e., a triangular lot, with a circuitous driveway corridor). c. Wherever impervious surface limits conflict, the regulation that provides greater protection to critical areas shall apply.critical areas or impervious surfaces limitation areas overlap, the most stringent limitation applies. 5. Stormwater and Erosion Control. Port Townsend Municipal Code Page 30/64 Chapter 19.05 CRITICAL AREAS a. Stormwater Management Plan. All development subject to the provisions of this chapter shall comply with the stormwater management manual, city engineering design standards manual, city stormwater plan, and adopted drainage basin plans. i. Stormwater management plans shall be consistent with the standards contained in the stormwater management manual and EDS manual and must be developed on a case-by-case basis. Plans shall and must contain a technical report that identifiesdescription of existing or predicted problems and sets forth solutions to each. Off-site measures may be required to correct existing on-site problems or to prevent new problems from occurring. Surface water discharge from the site shall not be greater than historic or predevelopment rates. ii. If the development does not meet water quality standards established by law or administrative rules, the city may suspend further development work on the site until such standards are met. b. Erosion control practices must be detailed using best management practices for siltation/filtration devices to control surface runoff during construction in accordance with the stormwater management manual and engineering design standards. i. Applicants shall indicate erosion control measures on the site construction plan or stormwater control management plan, as appropriate for the project. ii. These requirements shall be in place following the preconstruction meeting outlined in PTMC 19.05.040(F)(1)(k)(i) and shall be reviewed and approved prior to clearing and grading. c. Applicants are also encouraged to consult the recommendations set forth in Chapter 5 of the current version of the Low Impact Development Technical Guidance Manual for the Puget Sound and Department ng the protection of native soils and vegetation, and retention of hydrologic function. 6. Alterations and Disturbance. a. A site mitigation plan shall be required by the director as an additional report submitted prior to final inspection if critical areas or critical slopes are identified on the site. (The requirements of the site mitigation plan may be included in the site construction plan if properly specified.) b. The site mitigation plan shall: i. Detail measures that restore the site to a revegetated condition after substantial foundation work and after project completion; ii. Specify terrain, vegetation, and trees, in concert with the stormwater management plan, that restore surface and ground water filtration characteristics to preconstruction conditions; iii. Retain characteristics compatible with the natural neighborhood environment. c. Protection of Vegetation. i. Areas of previously undisturbed natural vegetation in a critical area that have been damaged by in violation of this Chapterhuman activity must be replaced with compatible species in accordance with a city-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 city-approved mitigation plan. 7. Boundary Defined: As a condition of permit approval, the Director may require permanent fencing or markers to define the edge of on-site critical areas or buffers. Port Townsend Municipal Code Page 31/64 Chapter 19.05 CRITICAL AREAS 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. 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 by land uses which will not affect ground water quality or quantity. 4. Vulnerability to pollution is a function of depth of ground water, permeability of soils and geologic formations (susceptibility), presence of potential source of contamination, and any other relevant factors. C. Regulated Development. The following types of development shall be regulated under this chapter: 1. High Risk Uses. The following land uses are considered high risk due to the probability and/or potential magnitude of their adverse effects on ground water. Unless otherwise waived by the director, a hydrogeologic assessment shall be required for: a. High impact uses as defined in PTMC 17.08.030; b. Hazardous substance processing or handling; c. Hazardous waste treatment, storage and disposal facilities; d. Landfills, junkyards, auto wrecking yards; e. Golf courses; f. Chemical manufacturing and reprocessing; g. Asphalt manufacturing or treatment; h. Electroplating and metal coating activities; i. Storage and electrical battery processing and reprocessing; and j. Other uses or activities determined by the city that may be likely to pose a threat to the aquifer. 2. Other Uses. The following land use activities may be allowed in aquifer recharge areas provided the director determines that the proposal meets the performance standards of subsection D of this section: Port Townsend Municipal Code Page 32/64 Chapter 19.05 CRITICAL AREAS a. All industrial land uses; b. All commercial uses including but not limited to vehicle repair and service stations; c. Above ground storage of petroleum products or other hazardous substances; d. Any development not connected to sanitary sewers which is located in a critical aquifer recharge area. In cases where on-site sewage treatment systems are allowed per Chapter 13.22 PTMC, Sewer Connections, additional requirements to condition on-site sewage treatment to prevent pollution of ground water may be required. In instances where on-site sewage treatment cannot be mitigated to prevent ground water contamination, the development permit application shall be denied. D. Performance Standards for Development. All regulated development, as identified in this section, shall be designed and constructed subject to the following standards: 1. Underground hazardous substance and/or petroleum storage facilities shall: 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 system to prevent the release of any stored substance; c. Use material in the construction or lining of the tank that is compatible with the substance to be stored; and d. Be consistent with any applicable Department of Ecology standards for construction and installation under Chapter 173-360 WAC. 2. Above ground hazardous substance and/or petroleum storage tanks shall: a. Not be fabricated, constructed, installed, used or maintained in any manner which may allow the release of a hazardous substance to the ground, ground water, or surface waters of Port Townsend within an aquifer recharge area; b. Not be fabricated, constructed, installed, used or maintained without having constructed around and under it an impervious containment area enclosing or underlying the tank; c. Require a secondary containment system either built into the tank structure or dike system built outside the tank for all tanks located within an aquifer recharge area; and d. Be consistent with any applicable Department of Ecology standards for construction and installation (WAC 173-180-320). 3. On-site Sewage Treatment Systems shall obtain a septic system permit from Jefferson County Environmental Public Health. 34. Vehicle Repair and Servicing. a. Vehicle repair and servicing must be conducted over impermeable pads and within a covered structure capable of withstanding normally expected weather conditions. Chemicals used in the process of vehicle repair and servicing must be stored in a manner that protects them from weather and provides containment should leaks occur. b. No dry wells shall be allowed in critical aquifer recharge areas on sites used for vehicle repair and servicing. Dry wells existing on the site prior to facility establishment must be abandoned using techniques approved by the State Department of Ecology prior to commencement of the proposed activity. Port Townsend Municipal Code Page 33/64 Chapter 19.05 CRITICAL AREAS 54. Stormwater runoff will be controlled and treated using BMPs and facility design standards as defined in Chapter 13.32 PTMC. 65. Agricultural and landscaping activities, specifically use of fertilizers, herbicides and pesticides in highly susceptible areas, shall be controlled. Federal, state, and local regulations of pesticides and water quality must be followed, including requirements for pesticide applicator licensing from the Washington State Department of Agriculture. 76. Applicants shall also consider the guidance set forth in Chapter 5 of the current version of the Low Impact Development Technical Guidance Manual for the Puget Sound for recommendations concerning the protection of native soils and vegetation, and retention of hydrologic function, during clearing and grading for development proposals. E. Mitigation or Compensation. Any regulated development listed in subsection C of this section which results in degradation of aquifer recharge areas or aquifer water quality will require restoration of on-site disturbance in full to preconstruction conditions. Additional compensation shall be required in the form of fines, provision of drinking water for areas dependent on the degraded aquifer, or alternative environmental restoration. F. Special Report Required. A hydrogeologic assessment may be required in those areas identified as highly susceptible or vulnerable or for uses posing a high risk of potential contamination. The report shall be prepared by a qualified consultant and shall address site- and project-specific conditions. The city may notify the U.S. Environmental Protection Agency, Washington State Department of Health, Washington Department of Ecology, and the Jefferson County health district to request comment during the pr 19.05.080 Critical area 2 Fish and wildlife habitat conservation areas. A. Purpose. Fish and wildlife habitat conservation areas are managed to provide suitable habitats for maintaining populations of species within their natural geographic distribution so that the habitat available is sufficient to support viable populations over the long term and isolated subpopulations are not created. The following regulations, in combination with the general performance standards for development contained in PTMC 19.05.060, are intended to provide reasonable measures to protect and conserve the habitat of fish and wildlife species and thereby maintain or increase their populations within Port Townsend. Habitat conservation will be accomplished by actively managing to maintain these species in their preferred habitats. However, habitat conservation does not require that all individuals of all species be protected. In appropriate circumstances, impacts resulting from regulated activities may be minimized, rectified, reduced and/or compensated for, consistent with this chapter. B. Classification. All areas within the city of Port Townsend meeting one or more of the following criteria, regardless of any formal agency identification, are hereby designated critical areas and are subject to the provisions of this chapter and shall be managed consistent with the best available science. Maps maintained by federal, state and local agencies are to be used as a guide only. Final critical area designations are based on field conditions as determined by a qualified consultant. The following areas are defined as fish and wildlife habitat conservation areas and are identified under this chapter: 1. Areas with which state or federally designated endangered, threatened, and sensitive species have a primary association. Federally designated endangered and threatened species are those fish and wildlife species identified by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service that are in danger of extinction or threatened to become endangered. Consult the State Department of Fish and Wildlife for the current status of state-listed endangered, threatened, and sensitive species State designated endangered, threatened, and sensitive species are periodically recorded in WAC 232-12-014 (state endangered species) and WAC 232-12-011 (state threatened and sensitive species). The State Department of Fish and Wildlife should be consulted for current listing status; 2. Lands and waters containing documented habitats for plant and animal species listed in the Washington For PHS resources, consult -habitats/at-risk/phs), PHS species lists (https://wdfw.wa.gov/species-habitats/at-risk/phs/list), and PHS maps (https://wdfw.wa.gov/species-habitats/at- risk/phs/maps). Priority habitats and species known to be identified and mapped by the Department of Fish and Wildlife in Port Townsend include but may not be limited to: Port Townsend Municipal Code Page 34/64 Chapter 19.05 CRITICAL AREAS a. Great blue heron rookeries; b. Brant and harlequin feeding areas; c. Waterfowl concentrations at Kah Tai Lagoon; d. Waterfowl wintering area at golf course pond; e. Alcid breeding areas (the family Alcidae includes murrelets, pigeon guillemots, auklets, puffins and common murres); f. Pinto abalone; g. Geoduck; and h. Dungeness crab. Habitats and species of local significance may be added by action of the city council where the value and significance of such species locally can be established and sound scientific evidence can be presented to ermined to be locally significant; 3. All public and private tidelands or bedlands suitable for shellfish harvest as designated by the Washington Chapter 90.72 RCW; 4. Critical saltwater habitats, as designated in WAC 173-26-221 and as may be subsequently amended by the State legislature, including but not limited to Areas with kelp and eelgrass beds, spawning areas for herring, smelt, sand lance; subsistence, commercial and recreational shellfish beds, mudflats, intertidal habitats with vascular plants, and areas with which priority species have a primary association. Kelp and eelgrass beds may be classified and identified by the Department of Natural Resources Aquatic Lands Program and the Department of Ecology. Many locations are compiled in the Puget Sound Environmental Atlas or the current City of Port Townsend Shoreline Inventory; 5. Herring, smelt, sand lance and forage fish beach spawning areas. Times and locations are outlined in WAC 232-14-010, and resource agency guidance; Hydraulic Code Guidelines, Technical Report No. 79, the Puget Sound Environmental Atlas and the current City of Port Townsend Shoreline Inventory; 6. Naturally occurring ponds (or created wetland ponds that are not stormwater detention/retention facilities) less than 20 acres and their submerged aquatic beds that provide significant fish or wildlife habitat; 7. Waters of the state include lakes, rivers, ponds, streams, inland waters, underground waters, salt waters, and all other surface waters and watercourses within the jurisdiction of the state of Washington, as defined in RCW 90.48.020 classified in WAC 222-16-031 (Interim Type 1 5) or and classified in WAC 222-16-030 (Type S Np), Forest Practices Rules and Regulations depending on classification used. Also, consult the National Hydrography Dataset(https://www.usgs.gov/national-hydrography/national-hydrography-dataset) for potential waters identified by the US Geological Survey. See section 19.05.090 (Critical area 3 Frequently flooded identify and address state waters that are not wetlands; At the time of adoption of the updated critical areas regulations, Ordinance 3198, there were no streams identified within the city of Port Townsend. Therefore, there are no express regulations affecting streams; 8. Lakes, ponds and streams planted with game fish, including those planted under the auspices of a federal, state, local or tribal program, and waters which support priority fish species as identified by the Washington Department of Fish and Wildlife; 9. Feeder bluffs along marine shorelines; 10. Marine nearshore habitat areas (i.e., the area encompassing the extreme low tide limit to the ordinary high water mark) and associated vegetated marine riparian areas; and Port Townsend Municipal Code Page 35/64 Chapter 19.05 CRITICAL AREAS 11. State natural area preserves, natural resource conservation areas, and state wildlife areas. The city concludes C. Regulated Development. Unless specifically exempted under PTMC 19.05.040, all development proposals or alterations in classified fish and wildlife habitat conservation areas shall comply with the standards included in subsections D through G of this section. Designated fish and wildlife habitat conservation areas that are within shoreline jurisdiction are also D. Performance Standards Applicable to All Development. 1. All development proposals or alterations in fish and wildlife habitat conservation areas shall: a. Ensure the proposal does not degrade the quantitative and qualitative functions and values of the habitat. The director shall condition approvals within or adjacent to a habitat conservation area or its buffers as necessary to avoid, minimize and, where necessary, to mitigate potential adverse impacts. b. Development activities allowed in fish and wildlife habitat conservation areas shall be consistent with the species located there, and shall be regulated additionally by restrictions defined in applicable federal, state and local regulations regarding the species. Development in or adjacent to areas used by state priority species shall be designed, located and constructed in consideration of Washington Department of Fish and Wildlife habitat recommendations. c. Incorporate best management practices (BMPs), including measures to avoid impacts due to construction noise, light and timing. 2. Habitat conservation areas identified in required habitat management plans are to be conserved for the management and maintenance of fish and wildlife habitat. Habitat conservation areas may overlap with other identified critical areas. Likely areas of overlap include critical drainage corridors, geologically hazardous areas and wetlands. E. Performance Standards for Terrestrial Habitats and Species. 1. Unless otherwise waived by the director, a habitat management plan shall be required for any development in or adjacent to areas identified as habitat for endangered, threatened or sensitive species and for breeding or nesting habitat of priority species. The plan shall incorporate mitigation recommendations developed in consideration of Washington Department of Fish and Wildlife habitat recommendations. 2. The habitat management plan shall show the exact location and extent of habitat conservation areas and any alteration of any habitat areas that may reduce the likelihood that the above listed species will survive or reproduce. 3. Bald Eagle Nests or Communal Roost. When a proposed activity may impact a bald eagle nest or roost, prior to the activity, the permittee shall strictly observe the guidance and requirements of the U.S. Fish and Wildlife 4. Great Blue Heron Rookeries. Unless otherwise allowed pursuant to PTMC 19.05.040(C), a habitat management plan is required when a proposed activity may impact a rookery. F. Additional Performance Standards for Shoreline Jurisdiction. 1. Development proposals and/or alteration within shoreline jurisdiction shall be mitigated to achieve no net loss of habitat function. 2. The following development standards shall also be applied in terrestrial habitat conservation areas that lie within the shoreline jurisdiction: a. For residential development, total impervious surface area shall be limited to 20 percent of the actual land areas. In no case shall total impervious area exceed 5,000 square feet for any one single-family Port Townsend Municipal Code Page 36/64 Chapter 19.05 CRITICAL AREAS detached dwelling and accessory structure (i.e., when a single-family home is proposed over multiple lots the total impervious area must not exceed 5,000 square feet); b. For nonresidential development, total impervious surface area shall be limited to 40 percent or 4,000 square feet, whichever is less; and c. At least 25 percent of the lot shall be required to be retained or replantstored in native vegetation. Areas to be retained shall include the largest contiguous, and/or most waterward blocks of native vegetation located on site. If no areas of native vegetation remain, the vegetation retention area shall be replanted with species native to shoreline areas of the Quimper Peninsula. For additions and expansions of existing developments, replanting shall be commensurate with the degree of impact resulting from the new development. G. Additional Performance Standards for Marine Habitats and Species. 1. Development in areas waterward of the ordinary high water mark shall require a critical areas report and shall give special consideration to the preservation and enhancement of anadromous fish habitat. 2. Development proposals shall be designed to first avoid and then minimize environmental impacts through the use of best available science and best management practices (e.g., Washington State Department of Fish (Publication 01583)). 3. Unavoidable impacts to marine habitat and environmental processes shall be mitigated to achieve no net loss of habitat function. 4. All in-water development shall meet the requirements of the hydraulic project approval (HPA) process administered by Washington Department of Fish and Wildlife. H. Additional Performance Standards for Critical Saltwater Habitats 1. Structures, developments, and uses, including marinas, docks, piers, mooring areas, underwater parks, utilities, and shoreline modifications, shall not intrude into or be built over critical saltwater habitat unless the applicant can show that all of the following criteria can be met: a. An alternative alignment or location is not feasible. b. The project is designed to minimize its impacts on critical saltwater habitats and the shoreline environment. c. Impacts to critical saltwater habitat functions are mitigated to result in equal or better ecological function. d. The facility is a public or semipublic facility (e.g., water-dependent recreational or transportation facility or utility) and is in the public interest. 2. In areas not previously identified as critical saltwater habitat, the project proponent shall submit appropriate reconnaissance-level studies to determine whether critical saltwater habitats exist, whenever the following two conditions are applicable: a. The proposed development, use or activity has the potential to cause significant adverse affects to a critical saltwater habitat; and b. The beach or saltwater area that may be impacted by the proposed development, use or activity is the type of environment in which a critical saltwater habitat typically occurs. 3. Except as a habitat improvement or restoration measure, aquatic herbicide treatments, mechanical removal of vegetation and aquatic pesticide treatments shall not be used on critical salt-water habitats. Port Townsend Municipal Code Page 37/64 Chapter 19.05 CRITICAL AREAS 4. Sand, gravel or other materials shall neither be added nor removed from critical salt-water habitats, except when part of an approved restoration effort or as allowed in DR-6.6.1, above. 5. New outfalls (including stormwater and sewer outfalls) and discharge pipes shall not be located in critical salt water habitats or areas where outfall or discharge will adversely affect critical salt water habitats unless the applicant can show that all of the following can be met: a. There is no alternative location for the outfall or pipe. b. The outfall or pipe is placed below the surface of the beach or bed of the water body. c. The outfall discharges waterward of the subtidal zone. d. The disturbed area will be revegetated with native plants. e. The discharge point(s) on the outfall or discharge pipe is located so the discharges, including nutrients in the discharge and currents, do not adversely affect critical salt-water habitats. HI. Buffers or Setbacks. 1. The buffer width shall be established by an approved critical areas report prepared by a qualified consultant. To retain adequate natural habitat for classified species, buffer needs shall be assigned on a case-by-case basis, and the process and justification shall be described in the required critical areas report. 2. Buffers shall be based on Washington Department of Fish and Wildlife priority habitat and species management recommendations. 3. Buffer widths may be increased by the director if species present are sensitive to or endangered by habitat alteration, or if the area supports unique or rare plant communities, or contains rearing and nesting sites for endangered, threatened or priority species. 4. Buffer widths may be reduced by the director if the project includes buffer enhancement as part of an approved habitat management plan or if it is found that the affected property would be denied reasonable use as defined in PTMC 19.05.050(E). For critical saltwater habitats, buffer reductions shall not exceed 25% so that at least 75% of the standard width is maintained. 5. 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 buffer. IJ. Mitigation or Compensation. Mitigation measures shall be based on the best available science and may include, but are not limited to: 1. Establishment of buffer zones; 2. Preservation of critically important vegetation and/or habitat features such as snags and downed wood, plants and trees; 3. Limitation of access to habitat area including fencing to deter unauthorized access; 4. Seasonal restriction of construction activities; 5. Establishing a timetable for periodic review of mitigation activities; 6. Using BMPs to avoid or reduce impacts; 7. Reducing the size, scope, configuration or density of the project; 8. Requirement of a performance or maintenance bond to ensure completion and success of proposed mitigation; and Port Townsend Municipal Code Page 38/64 Chapter 19.05 CRITICAL AREAS 9. Off-site mitigation as per PTMC 19.05.060(C). K.J. Special Report Required. Unless otherwise waived by the director, a qualified consultant shall prepare a habitat assessment, and if adverse impacts are identified, a habitat management plan for the following activities: 1. Any development in or adjacent to areas identified as habitat for endangered, threatened or sensitive species or for breeding or nesting habitat of priority species. 2. Development in areas waterward of the ordinary high water mark. 3. Any development likely to cause impacts to marine habitat and environmental processes. 4. Unless otherwise exempt under Chapter 16.08 PTMC, a permit application to develop in the special flood hazard area shall include an assessment of the impact of the project on federal, state or locally protected species and habitat, water quality and aquatic and riparian habitat. L.K. Report Content. 1. Habitat Assessment. A habitat assessment is an investigation of the project area to evaluate the potential presence or absence of designated critical fish or wildlife species or habitat. A critical areas report for a fish and wildlife habitat conservation area shall contain an assessment of habitats, including the following site- and proposal-related information at a minimum: a. A project description including construction methods and timing; b. Proposed site plan that includes the exact location and extent of habitat conservation areas, their associated buffers and proposed alteration of habitat areas. The site plan shall be prepared in sufficient detail to enable assessment of potential adverse impacts; c. A detailed description of existing conditions on site and within 300 feet of the project area including topography, vegetation, all fish and wildlife habitat conservation areas, shoreline areas, floodplains, other critical areas, and related buffers; d. Identification of any species of local importance, priority species, or endangered, threatened, sensitive, or candidate species that have a primary association with habitat on or adjacent to the project area, and assessment of potential project impacts to the use of the site by the species; e. A discussion of any federal, state, or local special management recommendations, including Washington Department of Fish and Wildlife habitat management recommendations, that have been developed for species or habitats located on or adjacent to the project area; and. f. A discussion of ongoing management practices that will protect habitat after the project site has been developed, including proposed monitoring and maintenance program. 2. Habitat Management Plan. If the habitat assessment concludes the project is expected to have an adverse effect on water quality and/or habitat or habitat functions, the applicant shall provide a plan to mitigate those impacts. The plan shall incorporate mitigation recommendations consistent with Washington Department of Fish and Wildlife habitat recommendations. ML. Additional Information Required for Special Flood Hazard Areas Pursuant to PTMC 16.08.130(F). 1. In addition to the habitat assessment requirements in subsection (K)(1) of this section, the habitat impact assessment shall be: a. A biological evaluation or biological assessment developed per 50 CFR 402.12 to initiate federal interagency consultation under Endangered Species Act Section 7(a)(2); or b. Documentation that the activity fits within Section 4(d) of the Endangered Species Act; or Port Townsend Municipal Code Page 39/64 Chapter 19.05 CRITICAL AREAS c. Documentation that the activity fits within a habitat conservation plan approved pursuant to Section 10 of the Endangered Species Act, where any such assessment has been prepared or is otherwise made available; or d. An assessment prepared in accordance with Regional Guidance for Floodplain Habitat Assessment and Mitigation, FEMA Region X, 2010. The assessment shall determine if the project would adversely affect: i. Species that are federal, state or local listed as threatened or endangered; ii. The primary constituent elements for critical habitat, when designated; iii. Essential fish habitat designated by the National Marine Fisheries Service; iv. Fish and wildlife habitat conservation areas; v. Other protected areas and elements necessary for species conservation. 2. Habitat Management Plan Required for Special Flood Hazard Areas Pursuant to PTMC 16.08.130(F). If the habitat assessment concludes the project is expected to have an adverse effect on water quality and/or aquatic or riparian habitat or habitat functions, the applicant shall provide a plan to mitigate those impacts. The habitat management plan must be prepared in accordance with Regional Guidance for Floodplain Habitat Assessment and Mitigation, FEMA Region X, 2010. a. If the USFWS or NMFS issues an incidental take permit under Section 10 ESA, or biological opinion under Section 7 ESA, then it can be considered to qualify as a plan to mitigate those impacts. b. If the project is located outside the protected area, the mitigation plan shall include such avoidance, minimization, restoration, or compensation measures so that indirect adverse effects of development in the floodplain (effects to stormwater, riparian vegetation, bank stability, channel migration, hyporheic zones, wetlands, etc.) are mitigated such that equivalent or better habitat protection is provided. c. If the project is located in the protected area, the mitigation plan shall stipulate such avoidance measures as are needed to ensure that there is no adverse effect during any phase of the project. development permit shall be based on the redesigned project and its mitigation components. e. The building official shall not issue a certification of use or a certificate of occupancy until all work identified in the habitat assessment and mitigation plan has been completed or the applicant has provided the necessary assurance device in a form acceptable to the city attorney that unfinished portions of the project will be completed. NM. Additional Information Required in Shoreline Jurisdiction. In addition to the information required in subsection K of this section, critical areas reports must assess compliance with development regulations included in applicable sections of Chapter 6, E 19.05.090 Critical area 3 Frequently flooded areas and critical drainage corridors. A. Purpose. 1. The purpose of frequently flooded area regulations is to safeguard the public from threats to life or property associated with flooding, and to preserve the natural function of floodplains to store and control floodwaters, improve water quality and to provide for aquifer recharge. Furthermore, frequently flooded areas are connected floodplains and riparian systems that support ecosystem functions and climate resilience. 2. The purpose of critical drainage corridor regulations is to mitigate flooding, drainage, erosion or sedimentation problems that have resulted or may result from the cumulative impacts of development and urbanization. Support the benefits and ecosystem functions provided by healthy, connected floodplains and riparian systems, such as water attenuation, pollution filtration, flooding resilience, and drought resistanceB. Port Townsend Municipal Code Page 40/64 Chapter 19.05 CRITICAL AREAS Classification. The following areas are defined as frequently flooded areas or critical drainage corridors and are protected under this chapter: 1. Frequently flooded areas are those lands which can be expected to flood at a frequency of once every 100 years, or which are subject to a one percent or greater chance of flooding in any year. These areas are mapped by the Federal Emergency Management A -99 and VE or as determined and designated by public works through basin modeling studies. 2. Critical drainage corridors (CDCs) are characterized as a year-round or intermittent naturally flowing watercourse which exhibits but is not limited to one or more of the following characteristics: a. A stream or watercourse formed by nature or modified by humans; b. Generally consisting of a defined channel with a bed for a substantial portion of its length on the lot; and/or c. Perched ponds, ravines or other natural drainage features. 3. Critical drainage corridors have been identified and mapped by the public works department using the above criteria. C. Regulated Development. Unless specifically exempted under PTMC 19.05.040(B): 1. All development proposals and alterations located within frequently flooded areas shall be regulated under this chapter, as well as Chapter 16.08 PTMC, Flood Damage Prevention. 2. All development proposals and alterations located on a site within a critical drainage area shall require the applicant to provide a survey of the centerline of a watercourse with the application for development. The project applicant shall be required to indicate the critical drainage corridor on the site construction plan (see reports and surveys) and these areas shall be marked in the field prior to the preconstruction meeting. Corridors shall be no less than 25 feet on each side of the centerline of the lowest point; the director of public works may require a larger corridor where warranted by field conditions. D. Performance Standards for Development. 1. Standards for Frequently Flooded Areas. a. Where applicable, development shall comply with the requirements of Chapter 16.08 PTMC, Flood Damage Prevention. b. Development shall not reduce the effective base flood storage volume. With the exception of marine waters, effective storage volume must be maintained or mitigated in accordance with subsection F of this section, Mitigation or Compensation. c. For those basins within Port Townsend having no natural outlet, the director may choose to increase design standards as needed to protect against damages that may result due to the increased likelihood of flooding. 2. Standards for Critical Drainage Corridors. a. Access roads, trail crossings, and utilities may be allowed to cross critical drainage corridors where the city determines that no other practicable alternative exists and all unavoidable impacts are fully mitigated consistent with this chapter. b. No fill or impervious surface is permitted within a critical drainage corridor except as outlined in subsection (D)(2)(a) of this section. Port Townsend Municipal Code Page 41/64 Chapter 19.05 CRITICAL AREAS c. No mechanized power equipment may enter or be used within a critical drainage corridor without the written approval of the PCD DSD director. d. Building pads are not permitted within a critical drainage corridor. e. Native and existing vegetation shall be maintained to the extent practicable. E. Buffers and Setbacks. None; however, where frequently flooded areas or critical drainage areas overlap other critical areas, the larger buffer shall apply. F. Mitigation or Compensation. 1. Development activities that would reduce the floodwater storage volume effectiveness shall be mitigated by creating compensatory storage on site if hydrologically practicable and consistent with watershed functional priorities, or, if allowed by the director, may be created off site, but within the same drainage basin. 2. The applicant shall design such compensatory storage facilities to meet or exceed current standards and 3. The applicant shall provide a long-term maintenance plan for storage facilities. 4. If conditions warrant, the city may be requested, or may choose, to take over long-term maintenance of these facilities under appropriate legal agreements. - agreement indemnifying the city from claims related to the activity. G. Special Reports. Unless otherwise waived by the director, development proposals or alterations located within frequently flooded areas and/or critical drainage corridors shall require a report prepared by a qualified consultant documenting that the proposed development meets the performance standards for development in subsection D of this section and, where impacts occur, impacts have been mitigated to ensure no net loss of critical area functions. 19.05.100 Critical area 4 Geologically hazardous area. A. Purpose. These critical areas are characterized by lot slope, soil type, geologic material, and ground water that may combine to create problems with slope stability, erosion and water quality during and after construction or during natural events such as earthquakes or excessive rainstorms. They pose a threat to the health and safety of citizens when incompatible development is sited in areas of significant hazard. Such incompatible development may not only place itself at risk, but also may increase the hazard to surrounding development and use. The following regulations, in combination with the performance standards for development, will guide development in these critical areas. The purpose of these regulations is to maintain the natural integrity of geologically hazardous areas and their buffers in order to protect adjacent lands from the impacts of landslides, mudslides, subsidence, excessive erosion and seismic events, and to safeguard the public from these threats to life or property. Construction in geologically hazardous areas will not be allowed when the potential risk to public health and safety cannot be reduced to a level comparable to the risk if the site were stable. This section acknowledges that some potential risk due to construction in these areas can be reduced through appropriate site planning and structural engineering design. B. Classification. Areas in the city susceptible to one or more of the following types of hazards shall be designated as a geologically hazardous area: 1. Erosion hazard; 2. Landslide hazard; 3. Seismic hazard; 4. Tsunami hazard. C. Designation of Specific Geologically Hazardous Areas. Port Townsend Municipal Code Page 42/64 Chapter 19.05 CRITICAL AREAS 1. Erosion Hazard Areas. Erosion hazard areas include areas likely to become unstable, such as bluffs, steep slopes, and areas with unconsolidated soils. Any area containing soil or soil complexes described or mapped within the United States Department of Agriculture/Soil Conservation Service Soil Survey for Jefferson County as having a severe to very severe erosion hazard potential. 2. Landslide Hazard Areas. Landslide hazard areas are areas potentially subject to landslides based on a combination of geologic, topographic, and hydrologic factors. They include areas susceptible because of any combination of soil, slope (gradient), slope aspect, structure, hydrology, or other factors. Examples of these may include the following: a. Areas of historic failures, such as: limitation for building site development; ii. Those areas mapped by Ecology (Coastal Zone Atlas) or Washington Department of Natural Resources (WDNR) (slope stability mapping) as unstable (U or Class 3), unstable old slides (UOS or Class 4), or unstable recent slides (URS or Class 5); iii. Areas designated as landslides on maps published by the USGS or WDNR; or iv. Areas mapped in the Liquefaction Susceptibility Map of Jefferson County published by the Washington Department of Natural Resources; b. Areas with all three of the following characteristics: i. Slopes steeper than 15 percent; ii. Hillsides intersecting geologic contacts with a relatively permeable sediment overlying a relatively impermeable sediment or bedrock; and iii. Springs or ground water seepage; c. Any area potentially subject to mass movement due to a combination of geologic, topographic, and hydrologic factors, but not limited to those areas mapped or described by the Soil Conservation Service, the Washington State Department of Ecology, Department of Natural Resources or U.S. Geologic Service. These classifications may be based on performance standards rather than mapping; d. Any area potentially unstable due to erosion or sloughing as a result of rapid stormwater runoff, soil saturation or undercutting by wave action; e. Critical Slopes. Any slope of 40 percent or steeper that exceeds a vertical height of 10 feet over a 25- foot horizontal run shall be presumed geologically hazardous unless it meets at least one of the following exceptions: i) a qualified consultant has submitted a letter report that conclusively demonstrates to the satisfaction of the Director that the slope does not pose a hazard; or, ii) the Director, in consultation with the City Engineer, determines that the area of 40% slope is an isolated man-made slope (this exception shall not apply to historically altered bluffs). Engineered plans shall be required and, unless waived by the Director, a geotechnical engineer shall review the plans and certify that, either as proposed or subject to recommended mitigation measures, the project will pose no unreasonable threat to persons or property, either on or off site, and the proposal will not decrease slope stability. 3. Seismic Hazard Areas. Seismic hazard areas are areas subject to severe risk of damage as a result of earthquakes, slope failure, settlement, soil liquefaction or faulting. These areas are identified by the presence of poorly drained soils (greater than 50 percent silt and less than 35 percent coarse material), loose sand or gravel, peat, artificial fill and landslide materials, or soils with high organic content. Port Townsend Municipal Code Page 43/64 Chapter 19.05 CRITICAL AREAS 4. Tsunami Hazard Areas. Tsunami hazard areas are coastal areas and large lake areas susceptible to flooding and inundation as the result of excessive wave action derived from seismic or other geologic events. These areas have been mapped by WDNR. D. Regulated Development. 1. Seismic and Tsunami Hazard Areas. Development proposals in seismic and tsunami hazard areas may be allowed and the director may waive the requirement for a critical areas permit per PTMC 19.05.040(C) provided the development shall comply with the provisions of subsection E of this section. 2. Development or alterations in landslide or erosion hazard areas or their associated buffers shall comply with the provisions of PTMC 19.05.060 and standards included in subsection E of this section. E. Performance Standards for Development. 1. Standards for Seismic Hazard Areas and Tsunami Hazard Areas. a. Standards for development of structures and improvements in seismic or tsunami hazard areas shall be in accordance with the provisions of building and construction codes as currently adopted by the city. No additional setback or other requirements are necessary to regulate structural design. b. Critical facilities shall not be located in seismic or tsunami hazard areas unless mitigation is provided that renders the proposed development as stable as if it were not located within a seismic/tsunami hazard area. c. Building plans for development within tsunami hazard areas or liquefaction prone areas shall include a note indicating the plans are being made in a tsunami hazard/liquefaction prone area. 2. Standards for Landslide and Erosion Hazard Areas. Development in landslide or erosion hazard areas shall comply with the following performance standards: a. Stormwater Control. i. Within all landslide and erosion hazard areas, the applicant must demonstrate that the temporary and final improvements to control runoff water quality, erosion, and sedimentation incorporate source controls, best management practices, and treatment and degradation controls that will not aggravate an existing problem or cause a new problem to occur. ii. Surface drainage shall be directed away from landslide and erosion hazard areas. When no other solution is practicable, surface drainage piping may be located on the face of a geologically hazardous area when contained in a tight line (closed, nonleaking pipe) and in such a way that erosion will not be exacerbated and, if applicable, physical access along the shoreline is not degraded. Conditions may be applied to mitigate for aesthetic impacts of drainage systems as viewed from public areas. b. Erosion Control. i. Development within landslide and erosion hazard areas shall require a special report specifying detailed erosion control measures, which must be in place following the preconstruction meeting and approved prior to clearing and grading. ii. Clearing of vegetation is allowed only within the dry season (generally from May 1st through September 30th), unless specifically approved by the director where conditions warrant such an allowance and the risk of hazard is controlled; clearing shall not occur until a permit or other written authority is obtained. iii. The face of cut and fill on slopes shall be prepared and maintained to control against erosion and instability through utilization of surface mulches or rapid revegetation activities. Port Townsend Municipal Code Page 44/64 Chapter 19.05 CRITICAL AREAS iv. The proposal shall not increase the rate of surface water discharge or sedimentation and shall not decrease adjacent property slope stability. c. Preservation of Vegetation. i. Whenever practicable, existing vegetation in these areas should remain in an undisturbed condition. If the area is unvegetated due to a previous disturbance, immediate efforts may be required to provide a persistent native vegetative cover, to prevent erosion or hazard. ii. To minimize impacts to critical areas and on-site vegetation, the city may require clearing plans to be designed to minimize impacts to soil and understory vegetation by providing for sequencing and staging. d. Development Design. i. All development proposals shall be designed to minimize the footprint of building and other disturbed areas within landslide or erosion hazard areas. Common access drives and utility corridors are required where practicable; and ii. All development shall be designed to minimize impervious lot coverage (e.g., under structure parking, multilevel structures, etc.); and iii. Structures shall be clustered where possible to reduce disturbance and maintain natural topographic character; and iv. Structures shall conform to natural contour of slope and foundations should be tiered where possible to conform to existing topography of site; and v. Roads, walkways and parking areas should be designed to parallel the natural contours; and vi. Access shall be in the least sensitive area of the site; and vii. Construction of private or public utility corridors may be allowed in landslide and erosion hazard areas only when no viable alternative exists; provided, that a special study accepted by the director concludes the development will not increase the risk of landslide or accelerated erosion. e. Landscaping Design. i. A site mitigation plan shall be prepared in accordance with PTMC 19.05.060(D)(6), unless waived by the director. ii. The disturbed area of a development site shall be landscaped to provide long-term erosion control. iii. Landscape plantings should encourage the use of drought-tolerant native vegetation. such as those iv. All landscaping must be completed in landslide and erosion hazard areas before a development will receive a final inspection. f. Additional Standards for Landslide Areas. i. All proposed development on geologically hazardous areas and marine bluffs with slopes greater than 40 percent that exceed a vertical height of 10 feet and their required buffers shall be prohibited, except; a) As if allowed under PTMC 19.05.040(B) Exemptions and or PTMC 19.05.040(EC) Allowed Activities, or Port Townsend Municipal Code Page 45/64 Chapter 19.05 CRITICAL AREAS b) As allowed under PTMC 19.05.050(D) Exceptions-Public Agency and Utilityor PTMC 19.05.050(E) Exception-Reasonable Use c) for minor development to provide public access (e.g., public trails, stairs or view points), or d) where the Director, in consultation with the City Engineer, determines that the area of 40% slope is an isolated man-made slope (this exception shall not apply to historically altered bluffs) engineered plans shall be required and, unless waived by the Director, a geotechnical engineer shall review the plans and certify that, either as proposed or subject to recommended mitigation measures, the project will pose no unreasonable threat to persons or property, either on or off site, and the proposal will not decrease slope stability.; when the special study concludes that doing so would not result in an increased risk to people or property or impacts to environmental processes. ii. Marine Bluffs. A special study shall be required for all proposed development occurring within the Bluff Height Marine Bluff Management zone Less than 10 feet No management zone 10 50 feet 50-foot management zone 51 100 feet Equal to the height of the bluff Greater than 100 feet 100-foot Figure 19.05.100(A) Marine Bluffs iii. Inland Banks. All proposed development occurring within 50 feet of the top of an inland bank classified as a landslide or erosion hazard area shall require preparation of a special study. This area Figure 19.05.100(B) Inland Banks Port Townsend Municipal Code Page 46/64 Chapter 19.05 CRITICAL AREAS iv. Within the marine bluff and inland bank management zones set forth in this section, a buffer shall be established and maintained as set forth in subsection F of this section. v. Alterations occurring within 25 feet of the toe of landslide hazard areas must conform to specific recommendations in the special study. F. Buffers and Setbacks. 1. Licensed Engineering Geologist Recommends Buffer Subject to Minimum. Within the management zones established for marine bluffs and inland banks under subsections (E)(2)(f)(ii) and (iii) of this section, the buffer width shall be established by an approved special study prepared by an engineering geologist with a Washington specialty license in engineering geology as specified in Chapter 18.220 RCW. The report shall be based upon the best available science, existing and proposed uses, risks of slope failure, and coastal erosion rates, if applicable. The recommended buffer shall be based on site-specific conditions and proposed design. In no case shall the buffer be less than the minimum buffers established by this section and/or the shoreline master program as applicable. 2. Minimum Buffer for New Land Division. Unless otherwise excepted in subsection (F)(3) of this section, for new short plats, subdivisions, binding site plans, and PUDs, a minimum buffer of 50 feet shall be provided from the edge of all marine bluffs, and 25 feet from inland banks; provided, that a reduction in the required buffer width to a distance equal to the height of the slope may be permitted when the special study concludes that doing so would not result in an increased risk to people or property or impacts to environmental processes. Erosion rates measured over at least a 75-year period shall be evaluated in any special study recommending a buffer width less than the applicable minimum. Under no circumstance may the buffer width for a marine bluff 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 toe. (Also see PTMC 19.05.060(D)(3), Land Divisions Building Pad.) 3. Minimum Buffer for Existing Lots and Infill Subdivisions. For existing lots, and infill subdivisions creating no additional waterfront lots, a landslide hazard area buffer less than that required for new subdivisions under subsection (F)(2) of this section may be permitted to allow development of a single-family residence; if the special study concludes that doing so would not result in an increased risk to people or property or impacts to environmental processes. Additionally, for proposals within the shoreline jurisdiction, 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 of the bluff; or 10 feet from the sides and the toe of a marine bluff (DR 6.8.1 of the shoreline master program). (Also see PTMC 19.05.060(D)(3), Land Divisions Building Pad.) 4. 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 marine bluff or inland bank buffer. 5. Remodels and/or additions to nonconforming structures (including new decks) shall be subject to the following: Port Townsend Municipal Code Page 47/64 Chapter 19.05 CRITICAL AREAS a. A minor remodel or addition that neither changes an existing foundation line (i.e., no site alterations) nor increases the existing square footage of a structure by more than 25 percent shall not require preparation of a special study.; b. A remodel or addition that involves site alterations with an estimated cost of less than 50 percent of the market value of the existing structure shall require preparation of a special study, and shall be conditioned to locate new improvements away from identified hazard areas.; c. A remodel or addition that involves site alterations with an estimated cost of 50 percent or more of the market value of the existing structure shall be subject to the requirements applicable to new development. Such proposals shall also meet the view protection standards of the SMP. 6. 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 director approves a substitute vegetation with the same or better mitigation characteristics. G. Special Reports. For geologically hazardous slopes, erosion hazard areas, and landslide hazard areas, unless waived by the director, a licensed engineering geologist shall complete a field investigation and geological assessment to determine whether or not the site for the proposed activity is located within 200 feet of the geologic hazard. The geological assessment shall be submitted in the most applicable form as follows: 1. A Geological Letter. When the geologist or geotechnical professional finds that no hazard area exists within 200 feet of the site, a stamped letter may be submitted demonstrating those findings; 2. A Geological Report. When the geologist finds that a geologically hazardous area exists within 200 feet of the site, but will not impact the site or need engineering design recommendations; 3. A Geotechnical Report. When the licensed engineering geologist finds that a geologically hazardous area exists within 200 feet of the site, and will require engineering design recommendations or other mitigation measures necessary in order to construct or develop within the geologically hazardous area. The report shall be stamped and signed by the LEG and co-sealed by an engineer who has a valid Washington State engineering license as specified in Chapter 18.43 RCW with appropriate training and experience for the proposed engineered design mitigation. For engineered mitigation measures on marine shorelines, the engineer shall have the appropriate training and experience in coastal processes. Generally, avoiding impacts is the preferred option consistent with the mitigation sequence set forth in PTMC 19.05.060.A. When permitted, alterations of geological hazard areas or associated buffers may occur only for activities that meet the following criteria: a. Will not increase the existing threat of the geological hazard to adjacent properties; b. Will not decrease the factor of safety within the landslide area below the limits of 1.5 for static conditions and 1.1 for dynamic conditions. Analysis of dynamic (seismic) conditions shall be based on a minimum horizontal acceleration as established by the current version of the Washington State Building Code. c. Will not adversely impact other critical areas; d. Are designed so that the hazard to the project is eliminated or mitigated to a level equal to or less than pre-development conditions; and Port Townsend Municipal Code Page 48/64 Chapter 19.05 CRITICAL AREAS e. Are certified as safe as designed under anticipated conditions by a qualified engineer or geologist, licensed in the state of Washington. The department may condition or deny proposals as appropriate to achieve these criteria. Conditions may include limitations of proposed uses, modification of density, alteration of site layout, and other appropriate changes to the proposal. 19.05.110 Critical area 5 Wetlands. A. Purpose. The purpose of these regulations is to protect the public from harm by preserving the functions of wetlands and streams as recharge for ground water, flood storage, floodwater conveyance, habitat for fish and wildlife, sediment control, pollution control, surface water supply, aquifer recharge and recreation. B. Classification. 1. frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from non- wetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from non-wetland areas created to mitigate conversion of wetlands. Designated wetlands are areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Designated wetlands generally include swamps, marshes, bogs, and similar areas. Designated wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass- lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Designated wetlands may include those artificial wetlands intentionally created from nonwetland areas to compensate for wetland impacts, including conversion of wetlands. 2. Designated wetland areas have been identified by: a. U.S. Fish and Wildlife Services National Wetlands Inventory; b. Wetlands identified within the land use/land cover inventories of the Department of Ecology Coastal Zone Atlas; c. Department of Ecology Washington Coastal (Floating) Kelp Resources; c.d. County soil survey; de. City of Port Townsend inventories and delineations, existing and as hereinafter amended. 3. For the purposes of a general inventory, wetlands will be defined in accordance with the approved federal wetland delineation manual and applicable regional supplements. 4. Wetlands shall be rated according to the Washington State Wetland Rating System for Western Washington (2014) or as revised by Ecology. a. Category I. Category I wetlands are: i. Relatively undisturbed estuarine wetlands larger than one acre; Port Townsend Municipal Code Page 49/64 Chapter 19.05 CRITICAL AREAS ii. Wetlands that are identified by scientists of the Washington Natural Heritage Program/DNR as wetlands of high conservation value; iii. Bogs; iv. Mature and old growth forested wetlands larger than one acre; v. Wetlands in coastal lagoons; vi. Interdunal wetlands that score eight or nine points for habitat, and are larger than one acre; and vii. Wetlands that score 23 points or more on the questions relating to functions. b. Category II. Category II wetlands are: i. Estuarine wetlands smaller than one acre, or disturbed estuarine wetlands larger than one acre Estuarine wetlands smaller than one acre or coastal lagoons smaller than 1/10-acre, or disturbed estuarine wetlands larger than one acre or disturbed coastal lagoons larger than 1/10-acre; ii. Wetlands that score between 20 and 22 points on the questions related to the functions present; or and iii. Interdunal wetlands larger than one acre and that score seven or lower for habitat, or those found in a mosaic of wetlands and dunes larger than one acre. c. Category III. Category III wetlands are: i. Wetlands with a moderate level of functions (scores between 16 and 19 points); and ii. Interdunal wetlands between one-tenth of an acre and one acre in size. d. Category IV. Category IV wetlands have the lowest levels of functions (scores less than 16 points) and are often heavily disturbed. These are wetlands that are capable of being replaced, and in some cases improved. However, experience has shown that replacement cannot be guaranteed in any specific case. These wetlands may provide some important functions, and should be protected. C. Regulated Development. 1. Regulated wetlands include all Category I and II wetlands, and all Category III and IV wetlands. 2. Regulated wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of construction of a road, street or highway. These wetlands are considered to be facilities and require maintenance. At such a time when these facilities are not maintained for a period of more than five years, yet still retain wetland characteristics, they revert to regulated wetland status if they meet the parameters of the regulated wetland definition. 3. If a wetlands delineation is required, it must be conducted by a qualified (wetlands) critical areas consultant in accordance with the approved federal wetland delineation manual and applicable regional supplements. a. Prior to construction, the applicant shall mark and provide an accurate ground verified map (i.e. GPS with sub-meter accuracy, or equivalent method) of the wetland edges shall be provided, and marked by staking on the site. certified survey) for of the edges of the wetland on the site. See PTMC 19.05.040(F)(1)(j). b. Where the applicant has provided a delineation of the wetland boundary, the director shall verify the accuracy of, and may render adjustments to, the boundary delineation. In the event the adjusted boundary Port Townsend Municipal Code Page 50/64 Chapter 19.05 CRITICAL AREAS services from a third party to render a final delineation. c. The director, when requested by the applicant, may perform the delineation in lieu of delineation by the applicant. i. The director shall consult with qualified professional scientists and technical experts or other experts as needed to perform the delineation. ii. The applicant will be charged for the costs incurred. D. Performance Standards for Development. 1. Activities and uses shall be prohibited in wetlands and wetland buffers, except as provided for in this subsection. A critical areas report may be required to support the requested activity and, where impacts cannot be avoided, mitigation provided in accordance with this section. 2. Category I Wetlands. Activities and uses that result in alteration of Category I wetlands and their buffers shall be prohibited except as provided for in PTMC 19.05.040(B), Exemptions, PTMC 19.05.050, exceptions, and subsection (D)(5) of this section. 3. Category II and III Wetlands. Except as specified in subsection (D)(5) of this section, for Category II and III wetlands and their buffers, the following standards shall apply: a. Water-dependent activities may be allowed where there are no practicable alternatives that would have a less adverse impact on the wetland, its buffers and other critical areas, and where the use meets the intent of this chapter. b. Non-water-dependent activities and uses shall be prohibited unless the applicant can demonstrate that: i. The basic project purpose cannot reasonably be accomplished on another site or sites in the general region while still successfully avoiding or resulting in less adverse impact on a wetland; and ii. All on-site alternative designs that would avoid or result in less adverse impact on a wetland or its buffer, such as a reduction in the size, scope, configuration or density of the project, are not feasible. Full compensation for the loss of acreage and functions of wetland and buffers shall be provided under the terms established under subsection H of this section. 4. Category IV Wetlands (Except Small Hydrologically Isolated Wetlands (see Subsection (D)(5) of This Section)). Activities and uses that result in unavoidable impacts may be permitted in Category IV wetlands and associated buffers in accordance with an approved critical area report and compensatory mitigation plan, and Full compensation for the loss of acreage and functions of wetland and buffers shall be provided under the terms established under subsection H of this section. 5. Exemptions from Avoidance Requirement. The director may exempt the following wetlands from the requirement to avoid impacts (PTMC 19.05.060(A)), and these wetlands may be filled if the impacts are fully mitigated based on subsection (H)(2)(b) through (e) of this section. If available, impacts should be mitigated through the purchase of credits from an in-lieu fee program or mitigation bank. In order to verify the following conditions, a critical area report for wetlands meeting the requirements of this chapter must be submitted: a. All isolated Category IV wetlands less than 4,000 square feet in area that: i. Are not associated with riparian areas or their buffers; ii. Are not associated with shorelines of the state or their associated buffers; iii. Are not part of a wetland mosaic; Port Townsend Municipal Code Page 51/64 Chapter 19.05 CRITICAL AREAS iv. Do not score five six or more points for habitat function based on the Washington State Wetland Rating System for Western Washington: July 2024 2014 Update Version 2 of the Western Washington Rating System (Ecology Publication No. 23-06-009 14-06-029, or as revised and approved by Ecology); v. Do not contain a priority habitat or a priority area for a priority species identified by the Washington Department of Fish and Wildlife, do not contain federally listed species or their critical habitat, or species of local importance identified in PTMC 19.05.080(B). b. Wetlands less than 1,000 square feet that meet the above criteria and do not contain federally listed species or their critical habitat are exempt from the buffer provisions in this chapter. 6. Stormwater Management. The following surface water management activities may be allowed only if they meet the following requirements: a. Category I, II, III, and IV wetlands and buffers may be used for regional retention/detention facilities only when all applicable requirements of the EDS manual are met, the use will not adversely affect the rating or the factors used in rating the wetland, the proposal is in compliance with the management guidelines set forth in the stormwater management manual, and there are no significant adverse impacts to wetland resources. b. New developments cannot use existing wetlands for surface water discharge unless the wetlands are protected by upstream treatment facilities that demonstrate runoff, erosion, water quality, and sedimentation control. c. New surface water discharges to wetlands from detention facilities, presettlement ponds, or other surface water management structures may be allowed; if the discharge does not increase the rate of flow nor decrease the water quality of the wetland. d. Wetlands shall not be used for stormwater management purposes only for individual properties. Wetlands used for retention/detention facilities must serve as neighborhood or regional facilities. e. Use of wetland buffers for stormwater management facilities such as retention/detention facilities or energy dissipaters may be allowed only if the applicant demonstrates: i. No practicable alternative exists; and ii. Facilities are limited to dispersion outfalls and bioswales located, to the extent practicable, in the outer 25 percent of wetland buffers; and iii. The functions of the buffer or wetland are not adversely impacted. A wetland or its buffer may be physically or hydrologically altered to meet the requirements of an LID, Runoff Treatment or Flow Control BMP only if all of the following criteria are met: a. The wetland is classified as a Category IV, or a Category III wetland with a habitat score of 3-5 points; ; c. The wetland does not contain a breeding population of any native amphibian species; d. The hydrologic functions of the wetland can be improved as outlined in questions 3, 4, 5 of Chart 4 and (available here: https://apps.ecology.wa.gov/publications/documents/0906032.pdf or the wetland is part of a priority restoration plan that achieves restoration goals identified in the Shoreline Master Program or other local or regional watershed plan; e. The wetland lies in the natural routing of the runoff, and the discharge follows the natural routing; Port Townsend Municipal Code Page 52/64 Chapter 19.05 CRITICAL AREAS f. All regulations regarding stormwater and wetland management are followed, including but not limited to local and state wetland and stormwater codes, manuals, and permits; g. Modifications that alter the structure of a wetland or its soils shall be appropriately permitted. Existing functions and values that are lost shall be compensated/replaced. h. Stormwater LID BMPs required as part of New and Redevelopment projects can be considered within wetlands and their buffers. However, these areas may contain features that render LID BMPs infeasible. A site-specific characterization is required to determine if an LID BMP is feasible at the project site. E. Trails and Trail-Related Facilities. Construction of public and publicly accessible private trails and trail-related facilities (e.g., benches and viewing platforms) may be allowed in wetlands or wetland buffers provided such facilities shall meet all of the following criteria: 1. Trails and related facilities shall, to the extent practicable, be placed on existing road grades, utility corridors, or any other previously disturbed areas. 2. Trails and related facilities shall be planned to minimize removal of trees, soil disturbance and existing hydrological characteristics, shrubs, snags and important wildlife habitat. 3. Viewing platforms, interpretive centers, benches and access to them shall be designed and located to minimize disturbance of wildlife habitat and/or critical characteristics of the affected wetland. Platforms shall be limited to 100 square feet in size, unless demonstrated through a wetland mitigation plan that a larger structure will not result in a net loss of wetland functions. 4. Trails and related facilities shall generally be located outside required buffers. Where trails are permitted within buffers they shall be located in the outer 25 percent of the buffer except where wetland crossings or direct access to viewing areas have been approved by the department. 5. Trails shall generally be limited to pedestrian use unless other more intensive uses, such as bike or horse trails, have been specifically allowed and mitigation has been provided. Trail width shall not exceed five feet unless there is a demonstrated need, subject to review and approval by the department. Trails shall be constructed with pervious materials except where determined impracticable. F. Utilities. Unless otherwise exempt per PTMC 19.05.040(B), placement of utilities under a wetland or within a wetland buffer may be allowed when no reasonable alternative location is available; provided, that: 1. Entrance/exit portals are located outside of the wetland buffer boundary to the extent practicable; 2. Drilling does not interrupt the ground water connection to the wetland or percolation of surface water down through the soil column. Specific studies by a hydrologist are necessary to determine whether the ground water connection to the wetland or percolation of surface water down through the soil column is disturbed; 3. New utility corridors shall be revegetated with appropriate native vegetation at not less than preconstruction densities or greater immediately upon completion of construction, or as soon thereafter as possible if due to seasonal growing constraints. The utility shall ensure that such vegetation survives; and 4. The utility shall agree to conduct corridor maintenance in a manner that protects the regulated wetland and buffer environment. Measures may include but are not limited to: a. Spray painting or sandblasting of utility equipment may only be allowed if appropriate containment measures are used. Lead-based paints shall not be used. b. No pesticides, herbicides or fertilizers may be used in wetland areas or their buffers except those approved by the U.S. Environmental Protection Agency (EPA) and Washington Department of Ecology. Port Townsend Municipal Code Page 53/64 Chapter 19.05 CRITICAL AREAS Where approved, federal, state, and local regulations of pesticides and water quality must be followed, including requirements for pesticide applicator licensing from the Washington State Department of Agriculture. G. Buffers and Setbacks. 1. Wetland buffers shall be measured perpendicularly from the wetland boundary as delineated in the field (see the approved federal wetland delineation manual and applicable regional supplements). 2. Buffers shall be required to protect important wildlife habitat and wetland features, values and functions from the adverse impacts of adjacent land uses. a. The width of the buffer zone shall be based upon wetland category, intensity of impacts, and wetland functions or special characteristics, as set forth below in Table (A): Table 19.05.110(A). Buffer Widths Wetland Characteristics Buffer Widths by Impact of Land Use (Note: If multiple characteristics are Other Measures Recommended for (Note: The most protective buffer width present, the most protective buffer width Protection applies) applies) Category I Wetlands Wetlands of High Conservation Value Low 125 feet No additional discharges of surface water; no Moderate 190 feet septic systems within 300 feet; restore High 250 feet degraded parts of buffer. Bogs Low 125 feet No additional surface discharges; restore Moderate 190 feet degraded parts of buffer. High 250 feet Forested Buffer size to be based on score for habitat If forested wetland scores high for habitat, functions or water quality functions. need to maintain connectivity to other natural areas; restore degraded parts of buffer. Estuarine Low 100 feet Reserved. Moderate 150 feet High 200 feet Wetlands in Coastal Lagoons Low 100 feet Reserved. Moderate 150 feet High 200 feet High Level of Function for Habitat (Score for Low 150 feet Maintain connectivity to other natural areas; Habitat 8 9 Points) Moderate 225 feet restore degraded parts of buffer. High 300 feet Interdunal Wetland with High Level of Low 150 feet Maintain connectivity to other natural areas; Function for Habitat (Score for Habitat 8 9 Moderate 225 feet restore degraded parts of buffer. Points) High 300 feet Moderate Level of Function for Habitat (Score Low 75 feet Reserved. for Habitat 56 7 Points) Moderate 110 feet High 150 feet High Level of Function for Water Quality Low 50 feet Reserved. Improvement (8 9 Points) and Low for Moderate 75 feet Habitat (Less Than 5 6 Points) High 100 feet Not Meeting the above Characteristics Low 50 feet Reserved. Moderate 75 feet High 100 feet Category II Wetlands High Level of Function for Habitat (Score for Low 150 feet Maintain connectivity to other natural areas. Habitat 8 9 Points) Moderate 225 feet High 300 feet Moderate Level of Function for Habitat (Score Low 75 feet Reserved. for Habitat 65 7 Points) Port Townsend Municipal Code Page 54/64 Chapter 19.05 CRITICAL AREAS Table 19.05.110(A). Buffer Widths Wetland Characteristics Buffer Widths by Impact of Land Use (Note: If multiple characteristics are Other Measures Recommended for (Note: The most protective buffer width present, the most protective buffer width Protection applies) applies) Moderate 110 feet High 150 feet High Level of Function for Water Quality Low 50 feet No additional discharges of untreated runoff. Improvement and Low for Habitat (Score for Moderate 75 feet Water Quality 8 9 Points; Habitat Less Than High 100 feet 5 6 Points) Estuarine Low 75 feet Reserved. Moderate 110 feet High 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 Characteristics Low 50 feet Reserved. Moderate 75 feet High 100 feet Category III Wetlands Function of habitat score 8-9 Low 50 feet No additional discharges of untreated runoff. Moderate 75 feet High 100 feet Moderate Level of Function for Habitat (Score Low 75 feet Reserved. for Habitat 65 7 Points) Moderate 110 feet High 150 feet Score for Habitat 3 54 Points Low 40 feet Reserved. Moderate 60 feet High 80 feet Category IV Wetlands Score for All 3 Basic Functions Less Than 16 Low 25 feet Reserved. Points Moderate 40 feet High 50 feet See also subsections (G)(4), (5) and (6) of this section for provisions relating to increased and decreased buffer widths and buffer width averaging. b. Land use intensity (i.e., low, moderate, high) shall be determined using the table (B) set forth below: Port Townsend Municipal Code Page 55/64 Chapter 19.05 CRITICAL AREAS Table 19.05.110(B).Land Use Impacts and Intensity Levels Level of Impact from Proposed Land Use Types Proposed Land Use Ijhi! Commercial, including retail sales ! !! Industrial ! !! 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) ! Npefsbuf! 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 ! !! Utility corridor or right-of-way shared by several utilities and including access/maintenance road ! Mpx Forestry ! Port Townsend Municipal Code Page 56/64 Chapter 19.05 CRITICAL AREAS Table 19.05.110(B).Land Use Impacts and Intensity Levels Level of Impact from Proposed Land Use Types Proposed Land Use !! 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 management ! 3. Any wetland created, restored or enhanced as compensation for approved wetland alterations shall also include the standard buffer required for the wetland category. 4. Increased Buffer Zone Widths. The director may increase standard buffer zone widths on a case-by-case basis when the director determines: a. A larger buffer is necessary to maintain viable populations of existing species; or b. The wetland is used by species proposed or listed by the federal government or the state as endangered, threatened and priority species, or having outstanding potential habitat for those species, or having unusual nesting or resting sites such as heron rookeries or raptor nesting trees; or c. The adjacent land is susceptible to severe erosion and erosion control measures will not effectively prevent adverse impacts; or d. The adjacent land has minimal vegetative cover or slopes greater than 15 percent. 5.6. Buffer Width Averaging. Standard buffer zones may be modified by averaging buffer widths. Width averaging shall be allowed only where the applicant demonstrates all of the following: a. That width averaging will not adversely impact the functions and values; and b. That the total area contained within the buffer after averaging is no less than that contained within the standard buffer prior to averaging; c. In no instance shall the buffer width be reduced by more than 250 percent of the standard buffer or be less than 25 feet. 65. Reduced Buffer Widths. Nobuffer shall be reduced unless buffer averaging is infeasible. The dDirector may reduce the standard buffer width on a case-by-case basis to a width that is the greater of 75% the standard buffer width or no fewer than 25 feet when the director determines that: Port Townsend Municipal Code Page 57/64 Chapter 19.05 CRITICAL AREAS a. No direct, indirect, short-term, or long-term adverse impacts to regulated wetlands will result from the proposed development activity; or and b. The site is extensively vegetated and has less than 15 percent slopes; or and c. The project contains provisions to enhance any degraded buffers using native vegetation which will 7. Buffer Waivers. Application of the buffers set forth in this section may be waived by the director 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. Functionally Disconnected Buffer Area. Buffers may exclude areas that are functionally and effectively disconnected from the wetland by an existing public or private road or legally established development, as determined by the Director. Functionally and effectively disconnected means that the road or other significant development blocks the protective measures provided by a buffer. Significant developments shall include built public infrastructure such as roads and railroads, and private developments such as homes or commercial structures. The Director shall evaluate whether the interruption will affect the entirety of the buffer. Individual structures may not fully interrupt buffer function. In such cases, the allowable buffer exclusion should be limited in scope to just the portion of the buffer that is affected. Where questions exist regarding whether a development functionally disconnects the buffer, or the extent of that impact, the Director may require a critical area report to analyze and document the buffer functionality. The parcel to be developed lies landward of an existing legally established roadway or other legally established structure or paved area 16 feet or more in width which separates the parcel from the wetland and has effectively eliminated the function and value to be derived from the required buffer width. c. Voluntary Enhancement Incentive - The wetland has been intentionally enhanced in accordance with a restoration plan or similar program approved by the City or State where such enhancement is not part of a required mitigation plan. In such cases, the wetland shall retain the prescriptive buffer requirements determined prior to the enhancement activity, based on the functions and values at that time. Additional future restrictions will not be placed on wetlands associated with their increased functions and values caused by voluntary enhancement. The applicant shall be required to record an easement, covenant or deed restriction to ensure preservation of the enhancement of the preservation area in perpetuity, in a form acceptable to the city attorney. 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 director 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. H. Compensatory Mitigation Requirements. 1. Unless otherwise provided in this section (19.05.110), compensatory mitigation for alterations to wetlands may be used only for impacts that cannot be avoided or minimized and shall achieve equivalent or greater functions. Compensatory mitigation plans shall be: Port Townsend Municipal Code Page 58/64 Chapter 19.05 CRITICAL AREAS a. Consistent with the Draft Guidance on Wetlands Mitigation in Washington State, Part 2: Developing Mitigation Plans, 2006 (Washington State Department of Ecology, U.S. Army Corps of Engineers Seattle District, and U.S. Environmental Protection Agency; Ecology Publication No. 06-06-011b, or as revised). b. Consistent with mitigation ratios in subsection (H)(7) of this section. 2. Mitigation shall be required, and the applicant shall demonstrate such actions, in the order of preference in 190.05.010.B. 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 implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts; c. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment; d. Reducing or eliminating the impact over time by preservation and maintenance operations!during the life of the action; or e. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments.! and/or f. Monitoring the impact and taking appropriate corrective measures. 3. Compensation for Lost or Affected Functions. Compensation shall address the functions affected by the proposed project, with an intention to achieve functional equivalency or improvement of functions. The goal shall be for the compensatory mitigation to provide similar wetland functions as those lost, except when: a. The lost wetland provides minimal functions as determined by site-specific function assessment, and the proposed compensatory mitigation action(s) will provide equal or greater functions or will provide functions shown to be limiting within a watershed through a formal Washington State watershed assessment plan or protocol; or b. Out-of-kind replacement of wetland type or functions, where permitted, will best meet watershed goals formally identified by the city, such as replacement of historically diminished wetland types. 4. Preference of Compensatory Mitigation Actions. Mitigation actions that require compensation shall be required in the order of preference provided in the 19.05.020 Compensatory Mitigation Definition.in the following order of preference: a. Restoration (re-establishment and rehabilitation) of wetlands; b. Creation (establishment) of wetlands on disturbed upland sites such as those with vegetative cover consisting primarily of nonnative introduced species; this should only be attempted when there is an adequate source of water and it can be shown that the surface and subsurface hydrologic regime is conducive for the wetland community that is anticipated in the design; and c. Enhancement of significantly degraded wetlands in combination with restoration or creation; such enhancement should be part of a mitigation package that includes replacing the impacted area and meeting appropriate ratio requirements. 5. Type and location of mitigation shall comply with PTMC 19.05.060(C) and (D). 6. Timing of Compensatory Mitigation. Compensation projects shall be completed prior to activities that will disturb the on-site wetlands. The director may allow compensatory mitigation to be completed immediately Port Townsend Municipal Code Page 59/64 Chapter 19.05 CRITICAL AREAS following disturbance and prior to use or occupancy of the action or development. Construction of mitigation projects shall be timed to reduce impacts to existing fisheries, wildlife and flora. The director may authorize a one-time temporary delay in completing construction or installation of the temporary compensatory mitigation when the applicant provides a written explanation from a qualified wetland consultant as to the rationale for the delay. An appropriate rationale would include identification of the environmental conditions that could produce a high probability of failure or significant construction difficulties (e.g., project delay lapses past a fisheries window; or plant installation should be delayed until the dormant season to ensure greater survivability of installed materials). The delay shall not create or perpetuate hazardous conditions or environmental damage or degradation, and the delay shall not be injurious to the health, safety, and general welfare of the public. The request for temporary delay must include a written justification that documents the environmental constraints that preclude implementation of the mitigation plan. The justification must be verified and approved by the city. 7. Wetland Mitigation Ratios. In approving alteration or creation of a wetland or wetland buffer, the director shall require that an area larger than the altered portion of the wetland or wetland buffer be provided as compensation for loss of the functions of the altered wetland and to assure that such functional values are replaced. The following ratios (Table 19.05.110(B)) are the presumptive requirement for compensatory mitigation. The applicant may propose different ratios and must support the proposed ratios with a wetland mitigation plan that demonstrates how the proposal achieves functional equivalency or improved wetland functions. In no case shall the buffer mitigation ratio be less than 1:1. Mitigation requirements may be determined using the credi -06-011, February 2011, or as revised). Table 19.05.110(B). Mitigation Ratios 1:1 Re-establishment or Category and Type of Re-establishment or Rehabilitation** Creation (R/C) and Enhancement Only Wetland Creation Enhancement (E) All Category IV 1.5:1 3:1 1:1 R/C and 2:1 E 6:1 All Category III 2:1 4:1 1:1 R/C and 4:1 E 8:1 Category II Estuarine Case-by-case 4:1 Rehabilitation of an Case-by-case Case-by-case estuarine wetland Category II Interdunal 2:1 Compensation must be 4:1 Compensation must be Not considered an Not considered an interdunal wetland interdunal wetlandoption*** option*** All Other Category II 3:1 6:1 1:1 R/C and 8:1 E 12:1 Category I Forested 6:1 12:1 1:1 R/C and 20:1 E 24:1 Category I Based on Score 4:1 8:1 1:1 R/C and 12:1 E 16:1 for Functions Category I Natural Not considered possible* 6:1 Rehabilitation of a Not considered possible* Case-by-case Heritage Site Natural Heritage site Category I Coastal Not considered possible* 6:1 Rehabilitation of a Not considered possible* Case-by-case Lagoon coastal lagoon Category I Bog Not considered possible* 6:1 Rehabilitation of a bog Not considered possible* Case-by-case Category I Estuarine Case-by-case 6:1 Rehabilitation of an Case-by-case Case-by-case estuarine wetland * Natural Heritage sites, coastal lagoons, and bogs are considered irreplaceable wetlands, and therefore no amount of compensation would replace these ecosystems. Avoidance is the best option. In the rare cases when impacts cannot be avoided, replacement ratios will be assigned on a case-by-case basis. However, these ratios will be significantly higher than the other ratios for Category I wetlands. Port Townsend Municipal Code Page 60/64 Chapter 19.05 CRITICAL AREAS ** Rehabilitation ratios are based on the assumption that actions judged to be most effective for that site are being implemented. *** Due to the dynamic nature of interdunal systems, enhancement is not considered an ecologically appropriate action. 8. Preservation. Impacts to wetlands and wetland buffers may be mitigated by preservation of wetland areas when used in combination with other forms of mitigation such as creation, restoration, or enhancement at the preservation site or at a separate location. Preservation may also be used by itself, but more restrictions apply as outlined below. a. Preservation in Combination with Other Forms of Compensation. Using preservation as a compensation is acceptable when done in combination with restoration; provided, that a minimum of 1:1 acreage replacement is provided by restoration or creation and the criteria below are met: i. The impact area is small, and/or impacts are to a Category III or IV wetland; ii. Preservation of a high quality system occurs in the following order of preference as the wetland impact: first, the same city drainage basin; second, within the city limits; and third, within the same water resource inventory area (WRIA); iii. Preservation sites include buffer areas adequate to protect the habitat and its functions from encroachment and degradation; and iv. Mitigation ratios for preservation in combination with other forms of mitigation shall range from 10:1 to 20:1, as determined on a case-by-case basis, depending upon the quality of the wetlands being mitigated and the quality of the wetlands being preserved. b. Preservation as the Sole Means of Compensation for Wetland Impacts. Preservation of at-risk, high quality habitat may be considered as the sole means of compensation for wetland impacts when all of the following criteria are met: i. Preservation is used as a form of compensation only after the standard sequencing of mitigation (i.e., avoid, minimize, and then compensate) has been applied; ii. Creation, restoration, and enhancement opportunities have also been considered, and preservation is the best mitigation option; iii. The impact area is small and/or impacts are to a Category III or IV wetland; iv. Preservation of a high quality system occurs in the following order of preference: first, the same city drainage basin; second, within the city limits; and third, within the same water resource inventory area (WRIA); v. Preservation sites include buffer areas adequate to protect the habitat and its functions from encroachment and degradation; vi. The preservation site is determined to be under imminent threat, specifically, sites with the potential to experience a high rate of undesirable ecological change due to on- includes permitted, planned, or likely actions that are not adequately protected under existing regulations (e.g., logging of forested wetlands)); vii. The area proposed for preservation is of high quality and critical for the health of the watershed or basin. Some of the following features may be indicative of high quality sites: (A) Category I or II wetland rating; (B) rare wetland type (e.g., bogs, mature forested wetlands, estuaries); (C) habitat for threatened or endangered species; (D) wetland type that is rare in the area; (E) provides biological and/or hydrological connectivity; (F) high regional or watershed importance (e.g., listed as priority site in watershed plan); (G) large size with high species diversity (plants and/or animals) and/or high abundance; and Port Townsend Municipal Code Page 61/64 Chapter 19.05 CRITICAL AREAS viii. Mitigation ratios for preservation as the sole means of mitigation shall generally start at 20:1. Specific ratios should depend upon the significance of the preservation project and the quality of the wetland resources lost. 9. Wetland Mitigation Banks. a. Credits from a wetland mitigation bank may be approved for use as compensation for unavoidable impacts to wetlands when: i. The bank is certified under Chapter 173-700 WAC; ii. The director determines that the wetland mitigation bank provides appropriate compensation for the authorized impacts; and certification. b. Replacement ratios for projects using bank credits shall be consistent with replacement ratios specified c. Credits from a certified wetland mitigation bank may be used to compensate for impacts located within portions of more than one adjacent drainage basin for specific wetland functions, and such areas may encompass a portion or all of more than one political jurisdiction. I. Wetland Mitigation/Compensation Plan Requirements. When wetland alteration is permitted by this chapter, a mitigation plan shall be required to describe the methods the applicant will use to minimize impacts to wetland functions and values. A detailed mitigation plan shall be approved by the director prior to any development activity occurring on a lot upon which wetland or wetland buffer alteration, restoration, creation or enhancement is proposed. The mitigation plan shall be prepared by a qualified (wetlands) critical area consultant using accepted methodologies, shall include information as required by the director, and shall: 1. Include a baseline study that quantifies the existing functions and values of the wetland, the function and values that will be impacted lost due to compensation, and the functions and values of the wetland to be created, restored or enhanced; and 2. Specify how functions and values will be preserved or replaced; and how impacts will be avoided, minimized or compensated for; and 3. Establish goals and objectives for the mitigation plan; and 4. Specify within the mitigation plan written specifications for grading, sedimentation and erosion control, revegetation, hydraulic analysis, staging of construction areas, appropriate diagrams and drawings, and recommended construction practices; and 5. Specify quantified criteria for monitoring the mitigated area on a long-term basis to determine whether the goals and objectives of the project have been met; and 6. Include a contingency plan specifying what corrective actions will be taken should the mitigation not be successful; and 7. Include provisions for maintenance bonding or other security acceptable to the director to assure that work is completed in accordance with the mitigation plan and that restoration or rehabilitation is performed in accordance with the contingency plan if mitigation fails within five years of implementation. J. Performance Bonds and Demonstration of Competence. Port Townsend Municipal Code Page 62/64 Chapter 19.05 CRITICAL AREAS 1. A demonstration of financial resources, administrative, supervisory and technical competence and scientific expertise of sufficient standing to successfully execute the compensation project shall be provided by the applicant. 2. A compensation project manager shall be named and the qualifications of each team member involved in preparing the mitigation plan and implementing and supervising the project shall be provided, including educational background and areas of expertise, training and experience with comparable projects. 3. Bonds or other security acceptable to the director ensuring fulfillment of the compensation project, monitoring program, and any contingency measure shall be posted in the amount of 120 percent of the expected cost of compensation. K. Special Reports. The following special reports shall be provided either separately or as one comprehensive report. Contents and methods may be more fully detailed in the procedures manual that may be adopted administratively: 1. The Wetlands Delineation Report and Certified Boundary Survey. The purpose of the report is to convey to the reviewer a factual picture of the extent and location of wetlands at a given site. The report is to include filed data sheets, an accurate map of the site that includes the wetland boundaries and location of all data collection data. 2. Wetlands Special Report. An assessment of anticipated impacts (direct, indirect, and cumulative) and functions and values. 3. Assessment of the Compensatory Mitigation Site. This report is required when compensatory mitigation and restoration plans call for the alteration of existing wetland habitat. The report includes an assessment of the suitability of the site for compensatory mitigation or restoration, an evaluation of, and anticipated impacts to, existing wetland functions and values, proposed alterations and their anticipated effects upon functions and values, and a description of how the proposed compensatory mitigation or restoration plan conforms with the 19.05.120 Violations and penalties. that a condition exists in violation of this chapter or any standard required to be adhered to by this chapter, or in violation of any permit issued hereunder, he or she is authorized to enforce the provisions of this chapter. 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 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 director. 2. The amount and the conditions of the bond or other security shall be consistent with the requirements of this chapter. 3. In the event of breach of any condition of any such bond or other security, the director may institute an action in a court of competent jurisdiction upon such bond or other security device and prosecute the same to judgment and execution. The director shall release the bond or other security upon determining that: a. All activities, including any required compensatory mitigation, have been completed in compliance with the terms and conditions of the permit and the requirements of this chapter; Port Townsend Municipal Code Page 63/64 Chapter 19.05 CRITICAL AREAS b. A maintenance bond or other security acceptable to the director has been posted by the applicant, where deemed appropriate by the director; c. Until such written release of a bond, the principal or surety cannot be terminated or 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 director 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 director for a minimum of five years after the project has been completed. 2. The director shall release the maintenance bond or other security upon determining that performance standards established for evaluating the effectiveness and success of the structures, improvements and/or compensatory mitigation have been satisfactorily met for the required period. 3. For compensation projects, the performance standards shall be those contained in the mitigation plan developed and approved during the review process. 4. The maintenance bond or other security device applicable to a compensation project shall not be released until the director determines that performance standards established for evaluating the effect and success of the project have been met. 19.05.140 Other laws and regulations. applicable provisions of any other federal, state, or local law or regulation. 19.05.150 Suspension Revocation. In addition to enforcement procedures and penalties provided for in Chapter 1.20 PTMC, the director may suspend or revoke a permit if (s)he finds that the applicant or permittee has not complied with any or all of the conditions or limitations set forth in accordance with this chapter, has exceeded the scope of work set forth in the permit, or has failed to undertake the project in the manner set forth in the approved application. 19.05.160 Amendments. A. These regulations shall be periodically amended in accordance with the procedures and requirements in the general statutes and as new information concerning critical areas becomes available. B. The city inventory maps may be periodically updated by the city to reflect updates by federal and state agencies, results of special studies and reports reviewed and approved by the city, and department-identified errors and corrections. 2929 *** or as approved by Ecology) by reference. Therefore, amendments to this chapter that are intended to alter development regulations applicable to shoreline jurisdiction must be processed as an amendment to the city of Port Townsend shoreline master program and shall be subject to approval by the Department of Ecology. 19.05.170 Severability. In the event any one or more of the provisions of this chapter shall for any reason be held to be invalid, such invalidity shall not affect or invalidate any other provision of this chapter, but this chapter shall be construed and enforced as if such invalid provision had not been contained therein; provided, that any provision which shall for any reason be held by reason of its extent to be invalid shall be deemed to be in effect to the extent permitted by law. 19.05.180 Assessment relief. of land. Port Townsend Municipal Code Page 64/64 Chapter 19.05 CRITICAL AREAS B. Any undeveloped critical area property which has recorded upon it an easement or which is the subject of a perpetual conservation restriction with the city or a nonprofit organization to permanently control some or all regulated activities in that portion of land assessed consistent with those restrictions shall also be considered for exemption from special assessments to defray the cost of municipal improvements such as sanitary sewers, storm sewers, and water mains. 19.05.190 Limitation of actions. Any final decision under this chapter shall be final and conclusive unless timely appealed by following the appeal procedures of Chapter 20.01 PTMC. Port Townsend Municipal Code Page 1/76 Chapter 19.05 CRITICAL AREAS Chapter 19.05 CRITICAL AREAS Effective 12/27/18 Ecology has approved revisions to the City Shoreline Master Program (SMP) which supplement critical areas regulations effective in shorelines jurisdiction (For proposals involving wetlands within shorelines jurisdiction - see Section 6.9 of the SMP). Commented \[A1\]: Note -ECY's substantive review of shoreline-specific critical area provisions will occur during Sections: review of the City's proposed SMP amendment. The 19.05.010 Purpose. SMA/WAC consistency of such provisions established herein 19.05.020 Definitions. cannot be determined out of context from the SMP. Any 19.05.030 General provisions Interpretations, relationship to other regulations, administrative rules, and maps. comments or feedback in this document will only apply to 19.05.040 Critical area permit requirements Applicability, exemptions, allowed activities, nonconforming the CAO as it exists separate from the SMP. structures, application requirements, special reports, and advance determinations. 19.05.050 Critical area permit administration Permit processing, public notice, exceptions, appeals, fees, and covenants. 19.05.060 General performance standards for development Avoidance, mitigation, on-site and off-site, density, minimum lot size, subdivisions, preferred construction practices, impervious surface standards, stormwater plans, mitigation plans. 19.05.070 Critical area 1 Aquifer recharge areas. 19.05.080 Critical area 2 Fish and wildlife habitat conservation areas. 19.05.090 Critical area 3 Frequently flooded areas and critical drainage corridors. 19.05.100 Critical area 4 Geologically hazardous area. 19.05.110 Critical area 5 Wetlands. 19.05.120 Violations and penalties. 19.05.130 Bonding and security. 19.05.140 Other laws and regulations. 19.05.150 Suspension Revocation. 19.05.160 Amendments. 19.05.170 Severability. 19.05.180 Assessment relief. 19.05.190 Limitation of actions. 19.05.010 Purpose. The Washington Growth Management Act (GMA) requires that critical areas within the city are to be protected by Commented \[A2\]: You might consider mentioning the use establishing protection standards for minimizing the impact of development of properties within critical areas. The of best available science (BAS) in protecting critical areas to goal of this chapter is to pr be consistent with Growth Management Act (GMA) requirements. Or you could simply say that protection generations. should be consistent with the requirements of the GMA. Critical areas provide a variety of valuable biological and physical functions that benefit the city of Port Townsend Clarity in the use of BAS when protecting critical areas would be very useful. and its residents, and/or may pose a threat to human safety or to public or private property. Managing critical areas is also key to impro Commented \[A3\]: Are these drainage corridors treated as critical aquifer recharge areas; fish and wildlife habitat conservation areas; frequently flooded areas; critical critical areas in the same way that the GMA defined critical drainage corridors areas are? It seems that they are included as a part of the protective buffers, and are of special concern to the city and the citizens of the state. This chapter addresses only the Frequently Flooded Areas section rather than its own critical city council has determined that the city will not designate any natural resource lands as area. \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 2/76 Chapter 19.05 CRITICAL AREAS defined by the Growth Management Act. It is the intent of this chapter to protect the public health, safety, and welfare by: A. Reducing the potential for personal injury, loss of life or property damage due to flooding, erosion, landslides, seismic events or soil subsidence; B. Using the ARC approach to mitigate critical area impacts avoid, reduce, and compensate: Commented \[A4\]: You might consider expanding this approach to align with the rules of SEPA (WAC 197-11-768). 1. First, if at all possible, avoid adverse impacts; While these 3 are part of the sequence there are 6 steps in the mitigation sequence. You cite various versions of the 2. Second, if that is not reasonable or possible, reduce adverse impacts; mitigation sequence steps throughout this chapter so consistency would be best to reduce confusion. We highly 3. Finally, compensate for the impact; recommend using the list below exactly as written throughout your chapter starting here: C. Protecting against publicly financed expenditures as a result of the misuse of critical areas when that misuse causes on-site or off-site: 1. action or parts of an action; 1. Unnecessary maintenance and replacement of public facilities; 2.Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by 2. Mitigation for avoidable impacts; using appropriate technology, or by taking affirmative steps to avoid or reduce impacts; 3. Cost for public emergency rescue and relief operations where the causes are avoidable; 3.Rectifying the impact by repairing, rehabilitating, or restoring the affected environment; 4. Degradation of the natural environment; 4.Reducing or eliminating the impact over time by preservation and maintenance operations during the life D. Maintaining healthy, functioning ecosystems through the protection of unique, fragile and valuable elements of of the action; the environment, including ground and surface waters, wetlands, fish and wildlife, and their habitats; 5.Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; E. Alerting appraisers, assessors, owners, potential buyers or lessees to the development limitations of critical areas; and/or 6.Monitoring the impact and taking appropriate F. Providing city officials with sufficient information to adequately protect critical areas when approving, conditioning or denying public or private development proposals; Commented \[A5\]: You might consider including the G. Implementing the policies of the State Environmental Policy Act, the State Growth Management Act, this code, following example language from our wetland CAO and the city Comprehensive Plan. (Ord. 3198 § 3 (Exh. A), 2018; Ord. 2899 § 1, 2005; Ord. 2319 § 1, 1992). guidance: 19.05.020 Definitions. For the purposes of this chapter, the following definitions shall apply: constitute compliance with other federal, state, and local regulations and permit requirements that may be required -of- (for example, Shoreline Permits, HPA permits, Army Corps of Engineers Section 404 permits, Ecology Section 401 permits, NPDES permits). The applicant is responsible for -induced change in an existing condition of a critical complying with these requirements, apart from the process area or its buffer. Alteration includes, but is not limited to: established in this Title. Where applicable, the Designated official will encourage use of information such as permit 1. Grading, filling, dredging, draining, channelizing, cutting, topping; applications to other agencies or special studies prepared in response to other regulatory requirements to support 2. Clearing, relocating or removing vegetation; required documentation submitted for critical areas \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 3/76 Chapter 19.05 CRITICAL AREAS 3. Paving, construction, including construction of surface water management facilities; 4. Storage of equipment and materials; or 5. Human activity that impacts the existing topography, vegetation, hydrology, water quality, or wildlife habitat. Alteration does not include interior building improvements or walking, passive recreation or similar activities. owner of the land on which that proposed activity would be located, a contract vendee, a lessee of the land, the person who would actually control and direct the proposed activity, or the authorized agent of such a person. used for potable water where a potential source of drinking and ground water is vulnerable to contamination. referred to as the 100-year flood). The area subject to the base flood is the special flood hazard area designated on flood insurance rate map- critical areas that is derived from a valid scientific process which meets the criteria in WAC 365-195-900 through 365-195-925. measures that: 1. Avoid or control soil loss and protect water quality from degradation caused by nutrients, animal waste, toxins and sediment; and 2. Avoid or minimize adverse impacts to surface water and ground water flow, and circulation patterns; and 3. Avoid or control the movement of sediment and erosion control caused by land alteration activities; and 4. Avoid or minimize adverse impacts to the chemical, physical, and biological characteristics of critical areas. BMPs are those practices as defined by the State of Washington Department of Agriculture, Washington State Department of Ecology, Washington State Department of Health, Washington State Department of Fish and Wildlife, Jefferson County conservation district, and other professional organizations. Applicable BMPs may be director. and/or structural stability of a critical area. structure. This area is determined by criteria set forth in PTMC 19.05.060. \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 4/76 Chapter 19.05 CRITICAL AREAS -by- including but not limited to site conditions and intensity of the proposed activity. and Wildlife. Commented \[A6\]: If including compensatory mitigation in the definitions then you might consider defining it and mitigation can include, but is not limited to: outlining the order of preference for mitigation methods as stated by Army Corps: Creation To intentionally establish the lost wetland/habitat function where it did not formerly exist. 1.Restoration: The manipulation of the physical, chemical, Enhancement To improve the condition of an existing degraded wetland/habitat so that the functions they or biological characteristics of a site with the goal of provide are of a higher quality. Enhancement of critical areas may be used for partial compensatory mitigation returning natural/historic functions and environmental per the requirements of this chapter. processes to a former or degraded wetland. -Re-establishment: The manipulation of the physical, Preservation To ensure the permanent protection of existing, high-quality wetlands/habitats. chemical, or biological characteristics of a site with the goal of returning natural/historic functions and Restoration To reestablish functional characteristics and processes. environmental processes to a former wetland. Re- establishment results in rebuilding a former wetland and - results in a gain in wetland area and functions. Example of- activities could include removing fill, plugging ditches, or breaking drain tiles to restore a wetland hydroperiod, which in turn will lead to restoring wetland biotic recharge areas, fish and wildlife habitat conservation areas, frequently flooded areas and critical drainage corridors communities and environmental processes. or areas, geologically hazardous areas, wetlands and streams. At the time of adoption of the updated critical areas -Rehabilitation: The manipulation of the physical, regulations, Ordinance No. 3198, there were no streams identified within the city of Port Townsend. chemical, or biological characteristics of a site with the goal of repairing natural/historic functions and environmental processes to a degraded wetland. public works) to require more restrictive regulation than city-wide standards afford, to mitigate flooding, drainage, Rehabilitation results in a gain in wetland function but erosion or sedimentation problems that have resulted or may result from the cumulative impacts of development and does ƓƚƷ result in a gain in wetland area. The area already urbanization. meets wetland criteria, but hydrological processes have been altered. Rehabilitation involves restoring historic hydrologic processes. Example activities could involve a hazard area would be too great. Critical facilities include, but are not limited to, schools, hospitals, police, fire and breaching a dike to emergency response installations which produce, use or store hazardous materials or hazardous waste. A Critical 2.Establishment (Creation): The manipulation of the facility may be a high risk use regulated in aquifer recharge areas, but not all high risk uses are critical facilities. physical, chemical, or biological characteristics of a site to develop a wetland on an upland where a wetland did not previously exist at an upland site. Department of Fish and Wildlife. Such habitat areas are documented with reference to lists, categories, and 3.Preservation: The removal of a threat to, or preventing the decline of, wetlands by an action in or near those definitions of species promulgated by the Washington State Department of Fish and Wildlife or by regulations wetlands. adopted currently or thereafter by the U.S. Fish and Wildlife Service. 4.Enhancement: The manipulation of the physical, chemical, or biological characteristics of a wetland to heighten, intensify, or improve specific wetland critical slope is determined by measuring the vertical rise over any 25-foot horizontal run for a specific area that function(s). results in a percentage of 40 or more. The critical slope hazard area includes the area of land that extends for 10 feet from the top and toe of the slope. It would also be good to keep these definitions consistent changes in one section that it matches elsewhere. \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 5/76 Chapter 19.05 CRITICAL AREAS when added to other past, present and reasonably foreseeable future actions regardless of who undertakes such other actions. Cumulative impacts can result from individually minor but collectively significant actions taking place over time. delineations are valid for a period of five years. Development Commented \[A7\]: A note to keep in mind for SMP/CAO the land or binds land to a specific development pattern including but not limited to a building permit, clearing and differences: SMA has an established definition for grading permit, shoreline substantial development permit, rezone, conditional use permit, variance, lot line revision, 'Development' that differs from this and is central to SMP PUD, short and long subdivision, street and utility development permit, or any development subject to stormwater implementation; consider adding some clarification here or in the SMP that within shoreline jurisdiction the term shall be defined by the SMP (or something similar). This is something to be kept in mind when Port Townsend works means the city of Port Townsend development services department. on updating their SMP for the future. Commented \[A8\]: Is this now called Planning and -half feet above Community Development? If so you might consider the ground. updating the references to this to reflect any changes. 1. On multistemmed or trunked trees, where the diameter at four and one-half feet above grade is actually greater than at a lower point on the tree, d.b.h. shall be measured at the narrowest diameter below four and one- half feet. In such cases the height of the measurement should be noted. Illustration 1a Multitrunked Tree \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 6/76 Chapter 19.05 CRITICAL AREAS Illustration 1b Multitrunked Tree 2. On sloping ground, diameter shall be measured from the uphill side of the tree. Illustration 2a Tree on Sloping Ground 3. On leaning trees, diameter shall be measured four and one-half feet up the stem in the direction of the lean. \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 7/76 Chapter 19.05 CRITICAL AREAS Illustration 3a Leaning Tree 4. On multitrunked trees, where tree splits into several trunks close to ground level, the diameter shall be the diameter equivalent to the sum of each individual trunk measured according to the principles listed above. Commented \[A9\]: Why does this have its own definition outside compensatory mitigation? We highly recommend Illustration 4a Multitrunk Tree, using our mitigation guidance definition and distinguished Close to Ground between enhancement and rehabilitation. Example definition from our guidance: Enhancement. The manipulation of the physical, chemical, or biological characteristics of a wetland to heighten, action approved by the director and taken with the intention and probable effect of intensify, or improve specific wetland function(s). improving the condition and function of a critical area, such as improving environmental functions in an existing, Enhancement is undertaken for specified purposes such as viable critical area by means of increasing plant diversity, increasing wildlife habitat, installing environmentally water quality improvement, flood water retention, or compatible erosion controls, or removing nonindigenous plant and/or animal species. Enhancement of one function wildlife habitat. Enhancement results in the gain of selected should not result in the degradation of other functions. wetland function(s) but may also lead to a decline in other wetland function(s). Enhancement does not result in a gain in wetland area. Enhancement activities could include range. planting vegetation, controlling non-native or invasive species, and modifying site elevations to alter hydroperiods \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 8/76 Chapter 19.05 CRITICAL AREAS -rill erosion hazard. Feeder Bluffn eroding coastal bluff that delivers a significant amount of sediment to the beach over an extended period of time and contributes to the local littoral sediment budget. Feeder bluffs subject to wave action suitable habitats within their natural geographic distribution so that the habitat available is sufficient to support viable populations over the long term and isolated subpopulations are not created. This does not mean maintaining all individuals of all species at all times, but it does mean not degrading or reducing populations or habitats so that they are no longer viable over the long term. Counties and cities should engage in cooperative planning and coordination to help assure long-term population viability. These areas include, but are not limited to, a seasonal range or habitat element with which a classified species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain population levels and reproduce over the long term. These may include areas of relative density or species richness, flyways, breeding habitat, winter range, migratory routes and wildlife movement corridors. Fish and wildlife habitat conservation areas do not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of and are maintained by a port district or an irrigation district or company. areas mapped as such by the Federal Emergency Management Agency or the National Flood Insurance Program, or areas identified by the public works department through basin studies and hydraulic analysis. and enhancement of fish and wildlife habitat; food chain support; flood storage, conveyance, and attenuation; ground water recharge and discharge; erosion control; wave attenuation; aesthetic value protection; and recreation. events. They include erosion hazard areas, landslide hazard areas, seismic hazard areas and tsunami hazard areas. create anaerobic conditions, thereby influencing the growth of plants. The presence of hydric soil shall be determined following the criteria and methods described in the approved federal wetland delineation manual1987 Army Corps of Engineers Wetlands Delineation Manual and applicable regional supplements. a result of excessive water content. These areas include structures and roof projections, impervious decks/patios, roads, driveways, and other surfaces which similarly impede the natural infiltration of stormwater. \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 9/76 Chapter 19.05 CRITICAL AREAS - functions closely approximating those destroyed or degraded by a regulated activity. It does not mean replacement - and configuration to those found in the surrounding developed area. Infill development minimizes the need for new utilities and streets and supports the more efficient delivery of urban services through compact development patterns. a high water mark, confirmed landslide hazard areas (PTMC 19.05.100(C)(2)), and wetlands. For example, only the buildable area landward of the marine bluff edge shall be used in calculating impervious surface limits. Commented \[A10\]: Bluff failures are often caused by landslides--which are due to upslope factors, e.g. veg geologic, topographic and hydrologic factors, including historic slope failures. These areas may be identified in the removal, underlying geology, weight on slope, drainage-- Port Townsend Comprehensive Plan, U.S. Geological Service Maps, the Department of Ecology Coastal Zone Atlas, possibly more often than wind/wave erosion. This matters or through site specific indicators or conditions. for what kind of development you permit at the top of the bluff and whether you permit stabilization at the bottom. Ecology is only commenting on this as it is important to developed by the Puget Sound Action Team that describes environmentally friendly techniques to develop land and keep in mind regarding the SMP and not the CAO. However, manage stormwater runoff. you should defer to DNR guidance on geologically hazardous areas in your CAO as they are the agency with jurisdiction affected by wind and formed and maintained by marine wave action. Marine over those critical areas. bluffs include those marine bluffs that have been modified by bulkheads or railroads (e.g., along Larry Scott Commented \[A11\]: The mitigation sequence here is Memorial Trail). Excluded from this definition are steep slopes that have been significantly removed from wave improved from what was listed at the beginning of your action due to the evolution of spits, lagoons, and protected marshes (e.g., bluffs along Washington Street downtown chpater. However, we still highly recommend using the list and above the campground at Fort Worden) or due to intervening, legal nonconforming development that eliminates that the rules of SEPA use which is only 6 actions: wave action (e.g., bluffs behind Water Street between the Washington State Ferry terminal and Kearny Street). See 1. . action or parts of an action; 2.Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by areas. Mitigation, in the following sequential order of preference, is by the following means: using appropriate technology, or by taking affirmative steps to avoid or reduce impacts; 1. Avoiding the impact altogether by not taking a certain action or parts of an action; 3.Rectifying the impact by repairing, rehabilitating, or restoring the affected environment; 2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using 4.Reducing or eliminating the impact over time by appropriate technology, or by taking affirmative steps, such as project redesign, relocation, or timing, to avoid preservation and maintenance operations during the life or reduce impacts; of the action; 5.Compensating for the impact by replacing, enhancing, 3. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment; or providing substitute resources or environments; and/or 4. Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineered or other 6.Monitoring the impact and taking appropriate methods; Step 4 in sequence you currently have it written may be 5. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of redundant as it appears minimization of impacts should be the action; addressed in step 2. \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 10/76 Chapter 19.05 CRITICAL AREAS 6. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and/or 7. Monitoring the impact and taking appropriate corrective measures. Mitigation for individual actions may include a combination of the above measures. and improvements that do not meet the setback or buffer requirements of this chapter for any defined critical area. for example, nonnative blackberries and listed on the State Noxious Weed List in Chapter 16-750 WAC. - were located. - -of- characteristics do not closely approximate those destroyed or degraded by a development activity. licensed professional not associated with the original submittal selected and retained by the city. The second review must verify the adequacy of the information, the adequacy of the analysis, and the completeness of the original checklist. -based substances comprised of a complex blend of hydrocarbons derived from crude oil through processes of separation, conversion, upgrading and finishing, such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils. The term product which is not liquid at standard conditions of temperature and pressure. consideration cost, existing technology, and logistics in light of overall project purposes, and having less impacts to critical areas. It may include using an area not owned by the applicant which can reasonably be obtained, utilized, expanded or managed in order to fulfill the basic purpose of the proposed development. determining whether critical areas are present on a lot as well as specific application and procedural details for permitting, site development and other requirements as described in this chapter. a qualified scientific expert with expertise appropriate for the relevant critical area subject in accordance with WAC 365-195-905. A qualified consultant must have obtained a B.S. or B.A. or equivalent degree in biology, engineering, environmental studies, fisheries, geomorphology, or related field, and have at least two years of related work experience. \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 11/76 Chapter 19.05 CRITICAL AREAS 1. For wetlands, a qualified consultant must be a Pprofessional Wwetland Sscientist with at least two years of full-time work as a wetlands professional, including experiencedelineating wetlands using the federal manuals and supplements, preparing wetlands reports, conducting function assessments, and developing and implementing mitigation plans. Commented \[A12\]: For wetlands, this appears to be a very strict requirement to meet a qualified consultant or 2. For habitat, a qualified consultant must have a degree in biology or a related degree and professional professional. While this is fine if you want quality reports experience related to the subject species. done this could make it difficult to find consultants that are Professional Wetland Scientists as that usually requires 3. For geologically hazardous areas, a qualified consultant means: additional certification. In our guidance we define a qualified wetland professional that you might consider. a. An engineering geologist, with a Washington specialty license in engineering geology (LEG). A LEG is Often times a and b will be sufficient: qualified to provide a study including interpretation, evaluation, analysis, and application of geological information and data to predict potential or likely changes in types and rates of surficial geologic "Qualified wetland professional: A person with professional processes due to proposed changes to a location. For marine shorelines west of Point Wilson on the Strait wetland experience that meets the following criteria: of Juan de Fuca, the LEG shall have at least three documented projects involving coastal processes (a) A Bachelor of Science or Bachelor of Arts or equivalent including open ocean swell. A LEG may recommend mitigation measures that do not require engineering degree in hydrology, soil science, botany, ecology, resource (e.g., appropriate buffers, landscaping); and where necessary; management, or related field, or four years of full-time work experience as a wetland professional may substitute b. An engineer with a valid Washington State engineering license as specified in Chapter 18.43 RCW. for a degree, and Where mitigation measures require engineering, the geotechnical report must be co-sealed by an engineer (b) At least two additional years of full-time work who has a valid license with appropriate training and experience for the proposed engineered design experience as a wetland professional; including delineating wetlands, preparing wetland reports, conducting function mitigation. For engineered mitigation measures on marine shorelines, the engineer shall have the assessments, and developing and implementing mitigation appropriate training and experience in coastal processes. plans, and (c) Completion of additional wetland-specific training 4. For frequently flooded and aquifer recharge areas, a qualified consultant means a hydrogeologist or engineer, programs. This could include a more comprehensive licensed in the state of Washington with experience in preparing the required assessment. program such as the University of Washington Wetland Science and Management Certificate Program or individual workshops on topics such as wetland delineation, function authorized condition. assessment, mitigation design, hydrophytic plant or hydric soil identification." recommendations for critical area delineations and related regulations. Examples of these reports and surveys include, but are not limited to: 1. Site inventory and/or survey; 2. Application and site construction plan; 3. Special critical area report; 4. Site mitigation plan; 5. Stormwater management plan. unaltered state as closely as possible. \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 12/76 Chapter 19.05 CRITICAL AREAS 1. Hold water for a considerable length of time and then consume it by evaporation, plant transpiration, or infiltration into the soil; or 2. Hold runoff while gradually releasing it at a predetermined maximum rate. shaking, slope failure, settlement, soil liquefaction or faulting. etc. vegetation from four to 10 feet in height, and any species listed in the Washington State Department of Wildlife Priority Habitats and Species Program Report. including all abutting undeveloped lots or parcels under common ownership of the applicants, or the client(s) represented by the applicant, except where abutting lots are separated by a developed public right-of-way which effectively eliminates the functions and values of the critical area. Where utility or private access easements are located upon a site, site area computation shall include that area contained within the easement. Where public street rights-of-way are located within or bordering a site, site area computation shall not include that area contained within such rights-of-way. distance to horizontal distance by the following formula: vertical distance x 100 = % slope horizontal distance also referred to as the area of special flood hazard or SFHA. sensitivity to habitat manipulation or that are game species. depths of less than one foot. \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 13/76 Chapter 19.05 CRITICAL AREAS future throughout all or a significant portion of its range. Top of Slope and Toe of Slope. percent from slopes 40 percent or steeper. When no distinct break exists, the top of slope is the uppermost limit of the area where the ground surface drops 10 feet or more vertically within a horizontal distance of 25 feet. percent from slopes 40 percent or steeper. When no distinct break exists, the toe of slope of a steep slope is the lowermost limit of the area where the ground surface drops 10 feet or more vertically within a horizontal distance of 25 feet. - hereinafter amended. Commented \[A13\]: This may be a good place to include which regional supplement should be used to reduce Wetland Classification. For the purposes of general inventory, wetlands are defined by the criteria in the approved confusion for applicants. After which you could refer to it as federal wetland delineation manual and applicable regional supplements. Western Washington should be using: federal wetland delineation manual and applicable regional supplements. \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 14/76 Chapter 19.05 CRITICAL AREAS science dealing with the properties, distribution, and circulation of water through a wetland. and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include bogs, swamps, marshes, ponds and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of construction of a road, street or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate conversion of wetlands (RCW 36.70A.030(21)). Wetland Rating. The rating for a wetland is as defined in the Washington State Wetlands Rating System for Western Washington (2014) or as revised by Ecology. a: Commented \[A14\]: These are now more commonly -federally regulated wetlands (NFR 1. Are outside of and not contiguous to any 100-year floodplain of a lake, river, or stream; and check the intent of this definition. 2. Have no contiguous hydric soil or hydrophytic vegetation between the wetland and any surface water; and Formatted: Right,Don't adjust space between Latin 3. Have no surface water connection to lake, stream, estuary or marine water body. (Ord. 3198 § 3 (Exh. A), and Asian text, Don't adjust space between Asiantext 2018; Ord. 3062 § 6, 2011; Ord. 2929 Exh. A § 1, 2006; Ord. 2899 § 1, 2005; Ord. 2892 § 1, 2005; Ord. 2688 § and numbers 1, 1999; Ord. 2535 § 1, 1996; Ord. 2483 § 1, 1995; Ord. 2319 § 1, 1992). 19.05.030 General provisions Interpretations, relationship to other regulations, administrative rules, and maps. A. Greater Restrictions. When any other development regulation of this code conflicts with this chapter, the regulation that provides greater protection to critical areas shall apply. If two or more critical areas are on the same site, the requirements that provide more protection to each of the critical areas shall apply. Any easements, covenants or deed restrictions to which the city is a party, which contain provisions more restrictive than this chapter, may be enforced by the city unless such easements, covenants or deed restrictions are specifically modified by the city council. B. Interpretation. The provisions of this chapter shall be held to be minimum requirements in their interpretation and application and shall be liberally construed to serve the purposes of this chapter. The Washington State Environmental Policy Act and the regulations of other state and federal governmental agencies may supplement these requirements. C. Relationship to Other Regulations. 1. Compliance with the provisions of this chapter does not constitute compliance with other federal, state, and local regulations and permit requirements that may be required (e.g., shoreline permits, hydraulic permit approval, Section 404 permits, etc.). The applicant is responsible for complying with all applicable requirements. \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 15/76 Chapter 19.05 CRITICAL AREAS 2. State Environmental Policy Act (SEPA). If applicable, these critical areas regulations shall apply in addition to review conducted under the State Environmental Policy Act (SEPA), as locally adopted. The SEPA review and threshold determination shall refer to the applicability of this chapter and any associated special reports that may be required. Subsequent approval of a critical areas permit shall incorporate SEPA mitigation measures as a condition of approval. 3. Shoreline Management Act (SMA). with the state guidelines, and the Department of Ecology (DOE) has approved the SMP. The SMP incorporates the critical areas ordinance (CAO) as adopted by Ordinance No. 2929 or as approved by Ecology, by reference (Chapter 6 of the SMP). The standards contained in this chapter apply equally to critical areas contained within shoreline jurisdiction. In processing shoreline permits (including shoreline substantial development permit exempti incorporated into the findings and conclusions of the shoreline decision with detailed analysis either in the shoreline permit/exemption itself or in the associated SEPA document, where applicable. A separate critical areas permit is not required. In accordance with the Growth Management Act (RCW 36.70A.480), SMA (RCW 90.58.610), and the SMP Guidelines (WAC 173-26-221), critical areas located in shoreline jurisdiction are regulated solely by the even if the SMP relies on this chapter for provisions to meet SMA requirements (e.g. incorporation by reference). D. Administrative Rules/Procedures Manual. The director is authorized to adopt such administrative rules and regulations as necessary and appropriate to implement this chapter and to prepare and require the use of such forms as necessary for its administration. E. City Inventory of Critical Areas. 1. The approximate location and extent of critical areas will be displayed on various inventory maps available at the city DSD. 2. Maps and inventory lists are not complete and are to be considered only as guides to the general location and extent of critical areas. Maps will be used for a preliminary determination to suggest the presence or absence of a critical area. However, where additional properties containing features meeting the definitions of critical areas contained in this chapter are identified by the city, properties containing such critical areas shall be subjected to the requirements of this chapter. Where mapped areas are confirmed through an advance determination under this chapter or through site visits and analysis of other available data as part of a permit application to not actually contain critical areas, the provisions of this chapter shall not apply. (Ord. 3198 § 3 (Exh. A), 2018; Ord. 3062 § 4, 2011; Ord. 2899 § 1, 2005; Ord. 2892 § 1, 2005; Ord. 2688 § 2, 1999; Ord. 2535 § 2, 1996; Ord. 2319 § 1, 1992). 19.05.040 Critical area permit requirements Applicability, exemptions, allowed activities, nonconforming structures, application requirements, special reports, and advance determinations. A. Applicability. 1. All development proposals, alterations or activities, structures and facilities located within the maximum buffer distance for each critical area type shall comply with the provisions of this chapter whether or not a permit or authorization is required. No person, company, agency or applicant shall alter a critical area or buffer except as consistent with the purposes and requirements of this chapter. \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 16/76 Chapter 19.05 CRITICAL AREAS 2. The city shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water, or vegetation or to construct or alter any structure or improvement without first assuring compliance with the requirements of this chapter. B. Exemptions. To be exempt from this chapter does not give permission to degrade a critical area or ignore the risk from natural hazards, nor does it grant approval or authorization for any work to be done in any manner which may violate any federal, state or city laws. Any incidental damage to, or alteration of, a critical area that is not a 1. Exempt Activities. The following activities shall be fully exempt from critical areas review, and not subject to the provisions of this chapter: a. Emergencies. Alterations in response to emergencies which threaten the public health, safety and welfare or which pose an imminent risk of damage to private property as long as any alteration undertaken pursuant to this subsection is reported to the city no later than 30 days after the alteration. Only the minimum intervention necessary to reduce the risk to public health, safety, or welfare and/or the imminent risk of damage to private property shall be authorized by this exemption. The city shall confirm that an emergency exists and determine what, if any, additional applications and/or measures shall be required of the property owner to protect the critical area consistent with the provisions of this chapter, and to repair any damage to a preexisting resource. If the director determines that the action taken, or any part of the action taken, was beyond the scope of an allowed emergency action, then enforcement provisions of PTMC 19.05.120, Violations and penalties, shall apply. After the emergency, the person or agency undertaking the action shall fully fund and conduct necessary restoration and other mitigation for any impacts to the critical area and buffers resulting from the emergency action in accordance with an approved critical area report and restoration/mitigation plan. The person or agency undertaking the action shall apply for after-the-fact review and pay applicable fees; and the alteration, critical area report, and mitigation plan shall be reviewed by the city in accordance with the review procedures contained herein. Mitigation activities must be initiated within one year of the date of the emergency. b. Existing agricultural activities. If a site has not been used for any agricultural purpose for 10 or more Commented \[A15\]: Our guidance recommends 5 years of consecutive years from the date of the adoption of the ordinance codified in this chapter it is no longer being idle to no longer be considered existing and ongoing considered agricultural. agriculture. At this time it should be subject to the CAO. You might consider 5 years as well. C. Allowed Activities. The activities listed in subsections (C)(1) through (16) of this section may occur within critical areas or required buffers if the director determines that the proposed activity will not impact the critical area in a manner contrary to the goals, purposes, objectives and requirements of this chapter and no purpose established under this chapter would be furthered by requiring a separate critical areas permit. Allowed activities are not exempt from other applicable development regulat design standards. If the director determines that the activity needs to be limited or conditioned to ensure impacts do not occur, the director may apply conditions to the underlying permit or require a minor critical area permit pursuant to subsection E of this section; in addition, the director may require the owner to enter into a restrictive covenant acknowledging the presence of a critical area and/or its buffer and restricting future activities on the property. 1. Modification to Existing Structures. Structural modifications of, addition to, or replacement of an existing legal nonconforming structure; provided, that such activity does not increase the potential impact to a critical area or its buffer. Within landslide hazard areas, modifications involving invasive foundation repair (e.g., digging new footings, drilling, driving pilings) or additions that add height to a nonconforming structure require \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 17/76 Chapter 19.05 CRITICAL AREAS a critical area permit and are only allowed with review of a special report demonstrating that no increased risk of the hazard will occur. Restoration of structures substantially damaged by fire, flood, or act of nature must be initiated within one year of the date of such damage, as evidenced by the submittal of a valid building permit. Structural repair shall be complete within two years after the catastrophe. (See also PTMC 17.88.030.) 2. Operations, Maintenance or Repair. Operation, maintenance or repair of existing structures and infrastructure improvements including: painting, roofing, septic tank cleaning, and repair of individual utility service connections consistent with best management practices if the activity neither: a. Increases risk to life or property; or b. Further impacts critical areas or required buffers. 3. Previously Approved. An application for a building permit on a lot within a development for which the city has previously issued a land use permit, provided: a. The prior permit or approval has not expired or, if no expiration date, no more than five years have lapsed since the issuance of that permit or approval; and b. There is no material change in the development proposal or site conditions; and c. There is no new information available that would alter the previous critical area review; and d. The director determines the previous review adequately evaluated impacts to critical areas and, if needed, provided adequate mitigation; and e. The proposed development adheres to the permit conditions. 4. Activities within the Improved Right-of-Way. Replacement, modification, installation, or construction of utility facilities, lines, pipes, mains, equipment, or appurtenances, not including substations, when such facilities are located within the improved portion of the public right-of-way or a city authorized private Formatted: Underline roadway except those activities that alter a wetland or watercourse, such as culverts or bridges, or result in the transport of sediment or increased stormwater. Retention and replanting of native vegetation shall occur wherever possible along the right-of-way improvement and resulting disturbance.For geologically hazardous slopes (e.g. road cut/fill slope over 40%), engineered plans shall be required and, unless waived by the Director, a geotechnical engineer shall review the plans and certify that, either as proposed or subject to recommended mitigation measures, the project will pose no unreasonable threat to persons or property, either on or off site, and the proposal will not decrease slope stability. This exception is not intended to allow for development in historically altered bluffs). 5. Minor Utility Projects. Ordinary maintenance and repair of electric, natural gas, cable communications and telephone lines and facilities. Replacement of an entire line segment with similar facilities may be exempted where the director determines the replacement would not significantly impact the function or values of a critical area(s). 6. Landscaping. Routine landscape maintenance of existing landscaped areas, including selective pruning of trees and shrubs for safety and view protection, weeding, and planting, provided natural drainage patterns and topography are not altered. This does not include clearing or grading in order to develop or expand such \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 18/76 Chapter 19.05 CRITICAL AREAS activities in critical areas nor alteration of areas designated for retention as a condition of permit approval. Use of pesticides and herbicides is discouraged. Inappropriate use of pesticides and herbicides that result in adverse impacts to critical areas may be subject to enforcement action per Chapter 1.20 PTMC. 7. Preliminary mapping, survey work and subsurface exploration that result in insignificant disturbance of vegetation and soil. 8. Land clearing ordered by the director for abatement of a public nuisance. Commented \[A16\]: Is this for all types of vegetation removal? What is the intent here? Land clearing of invasive 9. Removal of trash and/or abandoned vehicles that results in insignificant disturbance of vegetation and soil. plants and noxious weeds using hand tools is acceptable in our guidance however clearing of plants in the buffer is not 10. Minor conservation and enhancement of critical areas that do not alter the location, dimensions or size of recommended as it can degrade the functions of the buffer. the critical area or buffer, and result in improvement of the critical area functions and values, including the Clearing vegetation in wetlands and other critical areas are following removal activities: something we do not support. Would replanting or mitigation have to be done afterwards? a. Removal of noxious weeds or invasive species as identified by the state is allowed when: i. Activities are undertaken with hand labor including hand-held mechanical tools with no soil disturbance; when prescribed by the Jefferson County noxious weed control board, herbicides or biological control methods may be allowed and, in areas outside of landslide hazardous areas and their associated buffers, the use of riding mowers and light mechanical cultivation equipment may be allowed; ii. Plants that appear on the State Noxious Weed List must be handled and disposed of in accordance with the best management practices appropriate to that species; iii. Areas cleared by removal of noxious and/or invasive plant species must be revegetated with site- appropriate native species at natural densities and the site must be stabilized against erosion in iv. All work is performed above the ordinary high water mark and upland of wetlands; and v. The following limits are not exceeded: (A) Conservation/enhancement plans carried out by agencies with jurisdiction where no more than 3,000 square feet of soil may be exposed at any one time; or (B) Not more than 500 square feet of soil may be exposed at any one time, as calculated cumulatively over one year, without a permit and critical area report prepared by a qualified consultant. 11. Vegetation management consistent with a previously approved critical area mitigation, restoration, remediation, or enhancement plan that requires ongoing maintenance and vegetation management beyond final inspection and the required monitoring period for the permitted project. 12. Removal of dead or diseased trees and vegetation within 50 feet of a permitted structure; provided, that the Commented \[A17\]: You might consider having a qualified applicant receives permission from the Department of Fish and Wildlife for removal of vegetation used for arborist determine the health of the tree before allowing nesting and/or roosting by a priority species. removal of the tree. Furthermore, clearing of vegetation in the buffer or wetland is not something we support as it can degrade the ability of the buffer to protect wetlands. \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 19/76 Chapter 19.05 CRITICAL AREAS 13. Maintenance of existing city, county, or Washington State Parks trails located in accordance with an adopted plan; provided, that maintenance is conducted in accordance with approved standards and does not involve expansion or fill in a wetland. 14. Development and construction activities located outside a critical area, and which are proposed to occur at a distance which is equal to or greater than the maximum buffers and setbacks required under the provisions of this chapter; provided, that the director determines the specificity of a special report is not required and no useful purpose would be served by the requirement to obtain a critical areas permit. 15. Activities located in proximity to an eagle nest or roost; provided, that the permittee shall strictly observe Commented \[A18\]: This does refer to allowed activities, Guidelines (May 2007 or as hereafter amended) and, if r 16. Activities located in proximity to a heron nest, provided activities are completed in the nonbreeding season (October 1st through January 31st) and no significant vegetation removed from within the WDFW recommended year-round buffer. D. Allowed Activities for Specific Critical Areas Specific Performance Standards Apply. For development proposals and activities which contain only aquifer recharge areas, frequently flooded areas/critical drainage corridors or seismic hazard areas, the director may waive the application requirements and delineation requirements of this section and compliance with the general performance standards for development contained in PTMC 19.05.060. The director must be satisfied that the performance standards provided for in the individual critical area regulations for a specific environmental category are met and no purpose established under this chapter would be furthered by requiring compliance with application requirements or the performance standards for development. E. Minor Critical Area Permits (Type I-A). 1. Minor Critical Area Permits. Notwithstanding any other provision of this chapter, the DSD director may, subject to making the findings set forth below, issue a minor critical area permit, with conditions or limitations as determined by the director. Minor critical area permits may be granted only where the director finds: a. The applicant has provided a report from a qualified consultant wherein the consultant has established a buffer that protects critical areas functions and values and the proposed activity lies outside of the buffer and any applicable setbacks. Where allowed by this Chapter, the consultant may recommend reduced buffers, subject to any codified .minimum buffers. If mitigation is necessary to meet no net loss, a Type II critical areas permit is requiredProposals requesting reduced buffers or buffer averaging require a Type II critical areas permit; or Commented \[A19\]: This appear to be saying you can use the buffer reductions listed for each critical area. Is that b. The proposed activity is minor in nature (such as utility crossings, development or remodel of 250 correct? If so you might consider rewriting this for clarity: square feet or less when no alteration of the critical area will occur, or minimal new landscaping) or Suggested example: "The consultant may recommend creates only temporary impacts, and will have no off-site impacts; or reduced buffers where allowed by this chapter." c. The proposed activity is to be conducted in an isolated, self-contained area where there is no danger to private or public property and minimal impact to the environment; or d. The proposed activity is a critical areas restoration or enhancement project not otherwise required for mitigation of project impacts; or \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 20/76 Chapter 19.05 CRITICAL AREAS e. The proposed activity involves the relocation of electric facilities, lines, equipment or appurtenances, not including substations, with an associated voltage of 55,000 volts or less; or f. The proposed activity involves the relocation or installation of natural gas, cable communication, gas and telephone facilities, lines, pipes, mains, equipment or appurtenances; provided, the utility involves a conduit of two inches or less, a trench of two feet in width or less, and a construction corridor of 10 feet or less. 2. Minor critical area permits shall be conditioned to ensure that impacts to the critical area do not occur, and all activities conducted under the minor critical area permit shall comply with the provisions of this chapter and be carried out in a manner consistent with all laws and ordinances of the city of Port Townsend. 3. Minor critical area permits shall be processed as Type I-A permits. F. Application Requirements and Delineations. 1. Where either the applicant indicates a critical area/critical areas buffer is present, the area is mapped as a critical area/critical areas buffer, or the director has a 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 director that critical areas or buffers are not actually located on site. Otherwise, the applicant must identify and document critical areas and their required buffers on a site using technical reports and surveys, temporary field marking, and delineating critical areas on site plans and/or preliminary plats. The following is an outline of the steps required by the applicant in the critical area permit process. These steps supplement and augment the development permit application process set forth in the land development administrative procedures, Chapter 20.01 PTMC. a. Staff Site Visit. If there is reason to believe a development project may involve a critical area/critical area buffer, a member of the city DSD staff may visit the site to establish the probable existence or absence of a critical area/critical area buffer. b. Preapplication Consultation. Consistent with Chapter 20.01 PTMC, any person intending to apply for a critical areas permit is required to meet with the DSD staff during the earliest possible stages of project planning in order to discuss impact avoidance, minimization or compensation before large commitments have been made to a particular project design. The director may waive this preapplication conference requirement if an applicant demonstrates, to the would render the preapplication conference unnecessary. c. Prepare a site inventory and survey with five-foot contours, showing all existing natural and built features. The site survey is to be used as a base for the site construction plan. The survey requirement may be waived or modified by the director due to a determination that site factors do not require the specificity of a survey. d. Provide a site construction plan delineating critical areas, their required buffer area, and significant vegetation (e.g., trees with a six-inch diameter at breast height). Unless the director waives one or more of the following information requirements, a site construction plan shall include: \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 21/76 Chapter 19.05 CRITICAL AREAS i. On four lots or less, a plan description and maps at a scale no smaller than one inch equals 20 feet. On more than four lots, plan description and maps shall be no smaller than one inch equals 50 feet. In each case the plan description maps shall show the entire parcel of land owned by the applicant and the certified survey boundary of the critical area on the parcel (in the case of wetlands, this will require a delineation by a qualified consultant prior to the site survey); ii. A description of the vegetative cover of the critical area and adjacent area including significant species and native vegetation; iii. A site plan for the proposed development showing the location, width, depth and length of all existing and proposed disturbed areas, structures, roads, stormwater treatment and installations for the whole site, including those proposed to be located within the critical area and its buffer; utility locations and clearing and trenching locations should be identified along with the location of any existing utilities to be connected to the site; iv. The exact location and specifications for all development activities including delineation of all disturbed areas, the amounts of filling and grading and methods of construction; v. Elevations of the site and adjacent lots within the critical area and its buffer at contour intervals of five feet; vi. Top view and typical cross-section views of the critical area and its buffer to the same scale as required in subsection (F)(1)(d)(i) of this section; proposal. e. Special Reports. If a critical area/critical areas buffer is confirmed to exist on the site, an applicant may be required to provide a critical area special report prepared by a qualified critical area consultant. The report shall be provided in both hard copy and electronic format. i. Contents. Special reports shall identify and characterize any critical area/buffer as a part of the larger development proposal site, assess any hazards to the proposed development, assess impacts of the development proposal and construction related activities on any critical areas/buffer on, or adjacent to, or adversely affected by proposed activities on the development proposal site, and assess the impacts of any alteration proposed for a critical area/buffer. ii. Special reports shall use standards for best available science. iii. Special reports for two or more types of critical areas must meet the report requirements for each type of critical area. iv. Special reports shall be determined complete by the director, and (s)he may request more information as needed in order to protect the public and environment, and to ensure that the development is compatible with the land. v. The specific requirements of special reports shall be identified at the preapplication consultation and may be required to be supplemented at the discretion of the director. \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 22/76 Chapter 19.05 CRITICAL AREAS vi. The director may limit the required geographic area of the special report as appropriate if: (A) The applicant, with assistance from the city, cannot obtain permission to access properties under separate ownership; or Commented \[A20\]: At least in the case of wetlands, you should rate and delineate the whole wetland in order to get (B) The proposed activity will affect only a limited part of the subject site. an accurate understanding of the functions and values. Rating and delineation methods do have provisions for vii. Special Reports Valid. Unless conditions have substantially changed, special reports shall be considered valid for five years; after such date the city shall determine whether a revision or additional assessment is necessary. f. Stormwater management plan pursuant to PTMC 19.05.060(D)(5). g. A site mitigation plan pursuant to PTMC 19.05.060(D)(6). h. Waivers of Special Reports. The director may waive the requirement for a special report if there is substantial evidence showing that all the following are present: i. There will be no alteration of the critical areas or required buffer; and ii. The proposed development will not impact the critical area in a manner contrary to the goals, purposes, objectives and requirements of this chapter; and iii. The minimum standards required by this chapter are met. i. Exceptions to Special Reports. No special report is required for the following development proposals: i. Any development or remodel of a structure or improvements when no alteration of the critical area will occur; except, any associated construction for additional parking or impervious surface greater than 250 square feet in the aggregate will require a special report. ii. At the discretion of the director, reports previously compiled or submitted as part of a proposal for development may be used as a critical areas report to the extent that the requirements of this chapter and the report requirements for each specific critical area are met. Unless conditions have substantially changed, reports shall be considered valid for five years; after such date the city shall determine whether a revision or additional assessment is necessary. Supplemental critical areas reports may be required to address changes to the project scope and potential impacts or to address changes to applicable regulations. The director shall make such field investigations as are necessary to determine if the criteria for an exception are satisfied. j. Field marking is required for all development proposals. i. Prior to the preconstruction meeting, the applicant shall mark the following on the site to reflect the proposed site construction plan: the location of the building footprint, critical area(s) boundaries, the outer extent of required critical area buffers, areas to remain undisturbed, and trees and vegetation to be removed; \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 23/76 Chapter 19.05 CRITICAL AREAS markings are intended to prevent disturbance of critical areas and buffers and may include such items as temporary fences. Detailed requirements may be specified in the procedures manual prepared by the DSD; iii. Maintain the field markings for critical area(s) and areas to remain undisturbed throughout the duration of the permit. k. A preconstruction meeting at the development site is required for all projects. project details and methods of construction. Subcontractors such as those conducting grading or excavation work may also be required to attend the meeting. Applicants are encouraged, but not required, to allow attendance by interested citizens. ii. No construction activity, including land clearing or grading, shall be permitted until the information required by the appropriate critical area section is reviewed and approved by the director. 2. Advance Determination. Advanced determinations shall be made in accordance with the Type I-A process in Chapter 20.01 PTMC. a. A property owner or person with consent of the property owners may request an advance determination regarding the presence or absence of critical areas on a particular parcel outside of the normal permitting process. A request may be made upon payment to the development services department of the initial filing fee. The advance determination shall be based upon existing conditions at a particular site and shall be valid for a period of five years from the date of the special report. Should the director be unable to make a conclusive determination from a site visit and review of available information, the applicant may be identified in subsection (F)(1) of this section to allow a conclusive determination to be made. b. The director may grant an extension for up to two years upon written request by the original owner or the successor in title. Requests shall be filed in writing with the DSD director at least 90 days prior to the expiration of the approval period. An extension may be granted only where the director determines that there have been no changes in either the site conditions or applicable delineation methods. (Ord. 3198 § 3 (Exh. A), 2018; Ord. 3062 §§ 4, 5, 7, 2011; Ord. 3026 § 1 (Exh. A-6 § 9), 2010; Ord. 2999 § 1 Exh. A, 2009; Ord. 2929 Exh. A § 4, 2006; Ord. 2899 § 1, 2005; Ord. 2892 § 1, 2005; Ord. 2688 § 3, 1999; Ord. 2535 § 3, 1996; Ord. 2319 § 1, 1992). 19.05.050 Critical area permit administration Permit processing, public notice, exceptions, appeals, fees, and covenants. This section contains the procedures that the city will use in processing critical area permits, as supplemented by Chapter 20.01 PTMC. This process includes exceptions that may be used by an applicant to lessen the development standards due to unique site characteristics which would make strict application of the standards unreasonable. Means to appeal administrative decisions are also included. A. Review of Critical Areas Permits and Acceptance of Special Reports. 1. The director, as part of the review process, shall verify information submitted by the applicant to: \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 24/76 Chapter 19.05 CRITICAL AREAS a. Confirm the nature and type of the critical areas, and evaluate the special critical areas report and either accept the special report or remand it for corrections; b. Determine whether the development proposal is consistent with the performance standards contained in this chapter; c. Determine whether any proposed alterations to critical areas are necessary; d. Determine if the mitigation plans and bonding measures proposed by the applicant are sufficient to protect the public health, safety and welfare, and are consistent with the purposes, objectives and requirements of this chapter. 2. The applicant shall submit documents that demonstrate that any development proposal submitted conforms to the requirements of this chapter; and, if required, shall provide additional information with a special critical areas report. Critical area reports may be required in order to identify the presence, extent, and classification/rating of potential critical areas, as well as to analyze, assess, and mitigate the potential adverse impact to or risk from critical areas. The director may require peer review of any documents or reports at the expense of the applicant where the director deems it to be reasonably necessary to ensure the accuracy, effectiveness or objectivity of any of the documents, reports or measures proposed within them. A written determination from the director requiring peer review shall include the following information: a. A statement giving the reason(s) peer review is requested (e.g., possible errors of fact or law, possible error in judgment, possible lack of objectivity, or the existence of additional or new information); b. A statement of the specific areas of the report believed to be inadequate or in error, or not sufficiently definite to allow environmental analysis; c. The specific information sought (such as review of the wetland delineation line, the appropriateness of proposed mitigation procedures, feasibility of the plan or recommended action, conflicting scientific evidence, etc.). is not required before consultation with other agencies. 4. Review Criteria. The director may approve with conditions, or deny, any development proposal or regulated alteration in order to comply with the requirements and carry out the requirements of this chapter based on the following criteria: a. The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site; b. The proposal minimizes the impact on critical areas in accordance with mitigation sequencing in PTMC 19.05.060(A); c. Any alterations permitted to the critical area are mitigated in accordance with mitigation requirements in PTMC 19.05.060(B); \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 25/76 Chapter 19.05 CRITICAL AREAS d. The proposal is consistent with best available science and results in no net loss of critical area functions and values; e. The proposal meets the criteria in other applicable regulations and standards. 5. Approval of a development proposal pursuant to the provisions of this chapter does not discharge the obligation of the applicant to comply with the provisions of this chapter. B. Permit Processing, Expiration, Modifications and Extensions. 1. The director shall consolidate the processing of related aspects and permits from other regulatory programs which affect activities in critical areas, such as SEPA, shorelines, subdivision, etc., with the critical area review process established in this chapter to provide a timely and coordinated permit process as set forth in Chapter 20.01 PTMC. 2. Permits shall be valid for a period of one year from the date of issuance and shall expire at the end of that time if they are not acted upon, unless a longer or shorter period is specified by the director upon issuance of the permit. 3. Extensions of or minor modification to a critical areas permit may be requested by the original permit holder or the successor in title and approved by the DSD director subject to the provisions for Type I decisions in Chapter 20.01 PTMC. Requests shall be filed in writing with the DSD director at least 90 days prior to the expiration of the approval period or any subsequently approved extension. 4. Review Criteria. The director shall make written findings and conclusions that the following exist: a. For extensions, the proposal remains consistent with all land use and development ordinances of the city in force at the time of the extension. b. For modifications: i. The modification will not be inconsistent with the findings, conclusions, and decision of the city approving the critical areas permit; ii. The modification will not violate any applicable city policy or regulation; iii. The intent of the original conditions is not altered. 5. Extensions shall be granted by the director in one- from the original permit expiration date. 6. Prior to the granting of an extension or minor modification, the director may require updated reports and/or additional hearings if, in his/her judgment, the original intent or the circumstances relevant to the review and issuance of the original permit have changed substantially, or if the applicant failed to abide by the terms of the original permit. C. Public Notice. The city shall notify the public of proposals in accordance with the provisions of PTMC 20.01.150 and notice of final decision in PTMC 20.01.280. \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 26/76 Chapter 19.05 CRITICAL AREAS D. Exceptions Public Agency and Utility. 1. If the application of this chapter would prohibit a development proposal by a public agency or public utility, or development of a utility which is to be conveyed to a public agency/public utility, the applicant gency or utility may apply for request an exception pursuant to this section. 2. Exception Request and Review Process. Application for a public agency and utility exception shall be processed as: a. a AType II permit as set forth in Chapter 20.01 PTMC if outside of shorelines jurisdiction. b. A Shoreline Variance in accordance with Section 10.7 of the Shoreline Master Program if in shorelines jurisdiction. In addition to the application submittal requirements in PTMC 19.05.040(F), the applicant shall address the review criteria set forth below. 3. Public Agency and Public Utility Review Criteria. Exceptions may be granted for transportation and utilities where avoidance is not practicable. For projects in shorelines jurisdiction, the variance approval criteria in 10.7 of the Shoreline Master Program shall apply. For projects outside of shorelines jurisdiction, aAny public agency/utility exception shall be reviewed and approved, approved with conditions, or denied based on the criteria: a. There is no other practical alternative to the proposed transportation/utility improvement with less impact on the critical areas; b. The application of this chapter would unreasonably restrict the ability to provide utility services to the public; c. The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site; d. The proposal includes measures to protect and mitigate impacts to the critical area functions and values consistent with the best available science; and e. The proposal is consistent with other applicable regulations and standards. 4. Burden of Proof. The burden of proof shall be on the applicant to show by a preponderance of the evidence E. Exception Reasonable Use. 1. If the application of this chapter would deny all reasonable economic use of the subject property, the city shall determine if compensation is an appropriate action, or the property owner may apply for an exception pursuant to this section. A reasonable use exception is a measure of last resort for use only in those situations where all economic use of a property would be denied by the critical areas regulations. 2. Exception Request and Review Process. Application for a reasonable use request shall be processed as \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 27/76 Chapter 19.05 CRITICAL AREAS a. A Type II permit as set forth in Chapter 20.01 PTMC if outside of shorelines jurisdiction. b. A Shoreline Variance in accordance with Section 10.7 of the Shoreline Master Program, if in shorelines jurisdiction. is a Type II action and shall be considered in accordance with the procedures for such actions as set forth in Chapter 20.01 PTMC.In addition to the application submittal requirements in PTMC 19.05.040(F), application for a reasonable use exception shall include: a. Technical studies and other data that describe the possible injurious effects of the proposed development on occupiers of the land, on other properties, on public resources, and on the environment. Possible injurious effects must be described even when the injurious effect will become significant only in combination with similar effects from other developments; and b. An explanation with supporting evidence of how and why compliance with the unmodified critical areas development standards would not permit reasonable use of the property. 3. Reasonable Use Review Criteria. For projects in shorelines jurisdiction, the variance approval criteria in 10.7 of the Shoreline Master Program shall apply. For projects outside of shorelines jurisdiction, tThe director may approve a reasonable use exception and modify a critical areas development standard only when all of the following findings can be made: Commented \[A21\]: The reasonable use here is consistent with our CAO guidance for wetlands. However, this could be a. The application of this chapter would deny all reasonable use of the property; a good place to focus on decoupling your SMP and CAO in the future if you wish to do so. b. No other reasonable use of the property has less impact on the critical area; c. The proposed impact to the critical area is the minimum necessary to allow for reasonable use of the property; d. The inability of the applicant to derive reasonable use of the property is not the result of actions by the applicant after the effective date of the ordinance codified in this chapter or its predecessor; e. The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site; f. The proposal will result in no net loss of critical area functions and values consistent with the best available science; and g. The proposal is consistent with other applicable regulations and standards. 4. A critical areas development standard may be reduced, waived or otherwise modified only to the extent necessary to make the standard reasonable in light of all the facts and circumstances of a particular case. In modifying a development standard the director may impose reasonable conditions that prevent or mitigate the same harm that the modified regulation was intended to prevent or mitigate. pursuant to a modified development standard will cause significant injury shall be affirmed unless found to be \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 28/76 Chapter 19.05 CRITICAL AREAS reasonable shall be accorded substantial weight. F. Notice of Final Decisions. Notice of a final decision on any critical area development permit or reasonable use exception shall be mailed in accordance with PTMC 20.01.280. G. Appeals and Stay During Pendency of Appeals. 1. An appeal of the final decision of the director on a critical area development permit (Type I-A or II), critical areas exception (Type II), or on an advance determination (Type I-A) shall follow the appeal procedure outlined in Chapter 20.01 PTMC. 19.05.040(F)(1) shall be deemed an appeal of the underlying development permit and consolidated with an appeal of the development permit. consent of the property owner (to avoid having to obtain a critical area development permit). The appeal shall be determined prior to issuance or denial of a permit on the development proposal. The appeal shall be noticed in the same manner as the underlying project. 4. Construction under any permit issued by the city shall be stayed until the expiration of any appeal period or the final resolution by the city of any appeal which has been filed under this chapter. H. Fees. Fees shall be as set forth in Chapter 20.09 PTMC. I. Hold Harmless Agreement. Unless waived by the DSD director upon a finding that no useful purpose would be served, the owner of a property containing critical areas on which a development proposal is submitted, except a public right-of-way or the site of a permanent public facility, shall file an agreement approved by the director and recorded with the Jefferson County auditor prior to the issuance of any permit or preliminary approval of a short plat or subdivision. Said agreement shall be in a form approved by the city attorney, shall hold harmless and indemnify the city and its employees from and against any liability for damages to persons or property as the result of construction or other action undertaken by the applicant on the subject property and be binding on the applicant and his/her successors and assigns. J. Record Notice of Presence of Critical Area. 1. Unless waived by the DSD director upon a finding that no useful purpose would be served, the owner of any property with a field-verified presence of critical areas or their associated buffers pursuant to this chapter on which an activity subject to this chapter is proposed shall record a covenant with the Jefferson County auditor in a form approved by the city attorney. The covenant shall provide notice in the public record of the presence of a critical area or its buffer, the application of this chapter to the property, and that limitations on actions in or affecting such critical areas and their buffers may exist. The covenant shall be notarized and shall be recorded prior to approval of any development proposal for such sites. 2. The covenant shall run with the land. The applicant shall submit proof that the covenant has been filed for record before the city shall approve any development proposal and failure to provide such notice to the city or \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 29/76 Chapter 19.05 CRITICAL AREAS any purchaser prior to developing or transferring any interest in the property shall be a violation of this chapter. (Ord. 3198 § 3 (Exh. A), 2018; Ord. 3026 § 1 (Exh. A-6 § 10), 2010; Ord. 2999 § 1 Exh. A, 2009; Ord. 2982 § 17, 2008; Ord. 2899 § 1, 2005; Ord. 2892 § 1, 2005; Ord. 2535 § 4, 1996; Ord. 2319 § 1, 1992). 19.05.060 General performance standards for development Avoidance, mitigation, on-site and off-site, density, minimum lot size, subdivisions, preferred construction practices, impervious surface standards, stormwater plans, mitigation plans. Per PTMC 19.05.040(D), the director may waive compliance with general performance standards for development proposals or alterations within areas that contain only aquifer recharge, frequently flooded/critical drainage corridors or seismic hazard areas. A. Avoiding Impacts to Critical Areas. 1. Unless otherwise specified in this chapter, before impacting any critical area or its buffer, an applicant shall demonstrate that the following actions have been taken. Actions are listed in the order of preference: a. Avoid the impact or hazard by not taking a certain action or parts of an action; b. Minimize the impact or hazard by: i. Limiting the degree or magnitude of the action with appropriate technology; or ii. Taking affirmative steps, such as project redesign, relocation or timing; c. Rectify the impact to critical areas by repairing, rehabilitating or restoring the affected critical area or its buffer; d. Minimize or eliminate the hazard by restoring or stabilizing the hazard area through engineered or other methods; e. Reduce or eliminate the impact or hazard over time by preservation or maintenance operations during the life of the development proposal or alteration; f. Compensate for the adverse impact by enhancing critical areas and their buffers or creating substitute critical areas and their buffers; and g. Monitor the impact, hazard or success of required mitigation and taking remedial action. Commented \[A22\]: As recommended in earlier comments we highly suggest that the mitigation sequence 2. Relief from Zoning Setbacks. In order to avoid critical area impacts and satisfy the buffer and setback definition aligns with the SEPA definition. You might requirements of this chapter, the director may approve up to a 50 percent reduction in the minimum yard consider having it stated once to apply to the whole chapter setbacks established by the underlying zoning district for any two setbacks. For proposals within or contiguous rather than having it repeated. This sequence differs from to an R-I or R-II residential zoning district, a minimum five-foot setback must be retained. Critical areas permits requesting relief from zoning setbacks shall be processed according to the procedures for Type II land consistently (as listed in previously) would be good to use decisions established in Chapter 20.01 PTMC. reduce any possible confusion. B. Mitigation and Monitoring. 1. If mitigation is required under this chapter to compensate for adverse impacts, unless otherwise provided, an applicant shall: \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 30/76 Chapter 19.05 CRITICAL AREAS a. Mitigate adverse impacts to: i. Critical areas and their buffers; and ii. The development proposal as a result of the proposed alterations on or near the critical areas; and b. Monitor the performance of any required mitigation. 2. Unless it is determined that a higher level of ecological functioning would result from an alternate approach, compensatory mitigation for ecological functions shall be either in-kind and on site, or in-kind and within the same drainage basin or drift cell (if estuarine wetlands are impacted). 3. The department shall not approve a development proposal until mitigation and monitoring plans are in place to mitigate for alterations to the functions and values of critical areas and buffers. 4. Whenever mitigation is required, an applicant shall submit a critical area report that includes: a. An analysis of potential impacts; b. A site mitigation plan, as further described under subsection (D)(6) of this section, that meets the specific mitigation requirements in this chapter for each critical area impacted; and c. A monitoring plan that includes: i. A demonstration of compliance with this chapter; ii. A contingency plan in the event of a failure of mitigation or of unforeseen impacts if: (A) the department determines that failure of the mitigation would result in a significant impact on the critical area or buffer; or (B) the mitigation involves the creation of a wetland; and iii. A monitoring schedule that may extend throughout the impact of the activity or, for hazard areas, for as long as the hazard exists. 5. The department may require a performance or maintenance bond to ensure completion and success of proposed mitigation. 6. Mitigation shall not be implemented until after the department approves the site mitigation and monitoring plan. The applicant shall notify the department when mitigation is installed and monitoring is commenced and shall provide the city with reasonable access to the mitigation for the purpose of inspections during any monitoring period. 7. If monitoring reveals a significant deviation from predicted impact or a failure of mitigation requirements, the applicant shall implement an approved contingency plan. The contingency plan constitutes new mitigation and is subject to all mitigation including a monitoring plan and financial guarantee requirements. C. Off-Site Mitigation. \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 31/76 Chapter 19.05 CRITICAL AREAS 1. To the maximum extent practicable, an applicant shall mitigate adverse impacts to a wetland or fish and wildlife habitat conservation area on or contiguous to the development site. The department may approve mitigation that is off the development site if an applicant demonstrates that: a. There are no reasonable on-site or in-drainage basin opportunities (e.g., on-site options would require elimination of high functioning upland habitat), or on-site and in-sub-drainage basin opportunities do not have a high likelihood of success based ona determination of the natural capacity of the site to compensate for the impacts. Considerations should include: anticipated wetland mitigation replacement ratios, buffer conditions and proposed widths, available water to maintain anticipated hydrogeomorphic classes of wetlands when restored, proposed flood storage capacity, potential to mitigate riparian fish and wildlife impacts (such as connectivity); and b. The off-site mitigation will achieve equivalent or greater hydrological, water quality and wetland or habitat functions. 2. When off-site mitigation is authorized, the department shall give priority to locations within the same sub- drainage basin as the development proposal site that meet one or more of the following: a. Wetland Mitigation Banks. Credits from a wetland mitigation bank certified under Chapter 173-700 WAC may be used to compensate for impacts if located within the service area and consistent with the replacement ratios specified in the mitigation bank instrument; b. In-Lieu Fee Mitigation (ILF). Credits from an approved in-lieu fee program may be used if located qualified wetland professional shall calculate debits associated with the proposed impacts using the credit assessment method specified in the ILF program; c. Private mitigation sites that are established in compliance with the requirements of this chapter and Commented \[A23\]: In our guidance we call this permitee- approved by the department; responsible mitigation. You might consider changing that here for consistency. d. Public mitigation sites that have been ranked in a process that has been supported by ecological assessments, including wetland and aquatic areas established as priorities for mitigation in city basin plans or other watershed plans; e. Properties actively managed for preservation, open space or parks by a public entity or nongovernmental agency and approved by the department. 3. The department may require documentation that the mitigation site has been permanently preserved from future development or alteration that would be inconsistent with the functions of the mitigation. The documentation may include, but is not limited to, a conservation easement or other agreement between the applicant and owner of the mitigation site. The city may enter into agreements or become a party to any easement or other agreement necessary to ensure that the site continues to exist in its mitigated condition. 4. The department shall maintain a list of sites available for use for off-site mitigation projects. 5. The department may develop an in-lieu fee program to allow the payment of a fee in lieu of providing mitigation on a development site. The program should address: \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 32/76 Chapter 19.05 CRITICAL AREAS a. When the payment of a fee is allowed considering the availability of a site in the same sub-drainage basin with comparable hydrologic and biological functions and potential for future habitat fragmentation and degradation; and b. The use of the fees for mitigation on public or private sites that have been ranked according to ecological criteria through one or more programs that have included a public process. D. General Performance Standards. The performance standards below apply to any development proposal or alteration on sites located wholly or partially within confirmed critical areas or their buffers. In addition to the following general performance standards, the performance standards of the applicable critical area also apply (e.g., a proposal impacting wetlands is subject to both the general performance standards and the standards set forth in PTMC 19.05.110). 1. Maximum Density. a. Densities less than the maximum permitted by the underlying zone may be required to protect the functions and values of confirmed fish and wildlife habitat conservation areas, frequently flooded areas, landslide/erosionhazard areas or wetlands. Site plans shall identify an accessible building pad located outside of the critical area and its buffer. This may necessitate lot consolidation, lot line adjustment, binding site plan or subdivision. For the purpose of this chapter, maximum density in confirmed critical areas or their associated buffers shall be one dwelling unit per each 10,000 square feet of site area (as defined in PTMC 19.05.020), with the exception of those lot sites containing only aquifer recharge, frequently flooded, critical drainage corridor or seismic hazard areas. The maximum density for sites containing only aquifer recharge, frequently flooded, critical drainage or seismic hazard areas shall be as specified in the zoning ordinance. Areas waterward of the ordinary high water mark and confirmed landslide/erosion hazard areas (PTMC 19.05.100(C)(2)) and wetlands shall not be included to calculate allowable density. For example, only the buildable area landward of the marine bluff edge shall be used in the calculation. ADUs do not count toward density; provided impervious surface limitations of subsection (D)(4) of this section shall apply. b. The limitation in subsection (D)(1)(a) of this section may be modified under the provisions of Chapter 17.32 PTMC, Planned Unit Developments (PUD). c. The design, shape, size and orientation of lots shall be appropriate to the use for which the lots are intended and the character of the area in which they are located. Densities less than one dwelling unit per 10,000 square feet may be required for reason of geologically hazardous slopes, slide hazard areas, poor drainage, flood hazards, wetland buffers, or to reduce habitat impacts, or other unique conditions or features which warrant protection of the public interest. d. Parcels in single ownership with an area less than 10,000 square feet which are in existence on the date Formatted: Highlight the ordinance originally codified in this chapter (Ordinance 2319, October 19, 1992) became effective shall be considered legal nonconforming lots. Development on these parcels shall conform to the procedures and development standards of this chapter. Development of these parcels may be conditioned to avoid impacts to critical areas. Such parcels in single ownership which contain more than one platted lot shall be considered a single parcel for purposes of this chapter. A parcel is defined as any tax parcel in existence at date of adoption of the ordinance codified in this chapter. \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 33/76 Chapter 19.05 CRITICAL AREAS e. Vacant platted lots which are held in the same ownership as a platted lot or lots containing a dwelling or commercial structure lawfully constructed prior to adoption of the ordinance codified in this chapter (1992) are excepted from the maximum density requirements of this section as long as no parcel is created which does not meet the lot area or dimensional requirements of the zoning ordinance. 2. Construction Preferred Practices. The following preferred construction practices shall be incorporated into the design of proposed critical area development where reasonable and practicable: a. Use common access drives and utility corridors; b. Design roads, walkways, and parking areas to parallel natural hillside contours while maintaining consolidated areas of natural topography and vegetation; locate access in the least environmentally sensitive location practicable; c. Use retaining walls that maintain existing natural slopes in place of graded artificial slopes; d. Provide for necessary emergency vehicle access as approved by the director; e. Building pads and disturbed areas should be located outside of critical areas and buffer boundaries. 3. Land Divisions Building Pad. a. The following requirements pertain to short plats, subdivisions, PUDs, lots of record and lot line adjustments only. These requirements may be waived only by the director. i. Identify, for each lot, an accessible building pad located outside of the critical area and its buffer. ii. Determine the location of a building pad by considering vegetation, topography, critical areas, and the relationship of the proposed building pad to existing/proposed homes. iii. Identify approved building pads and critical areas on final mylars. iv. If insufficient land area exists outside of critical areas and their buffers for all building sites, the proposal may be required to develop at less than the maximum permissible density in order to avoid negative impacts to critical areas. b. Binding Site Plans. All buildings proposed in a binding site plan shall be designed to be outside of critical areas and their buffer boundaries. 4. Clustering: As an alternative to a PUD process, through the Type II critical areas permit, where the presence of critical areas makes portions of a site unbuildable, an applicant may be permitted to transfer the density attributable to the unbuildable area of the property to another noncritical portion of the same site or property subject to the limitations of this section. Up to 100 percent of the density that could be achieved on the unbuildable portion of the site can be transferred to the noncritical area portion of the property, subject to: (a) The density limitation of the underlying zoning district; \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 34/76 Chapter 19.05 CRITICAL AREAS (b) The minimum lot size of the underlying zoning district may be reduced by up to 25 percent (a lot line adjustment/plat/full subdivision may be required); and (c) Applicable setbacks may be reduced by 20% (d) Lot coverage standards of underlying zoning regulations may be calculated based on the total site area and clustered on the buildable areas of the site. (e) The critical area shall be protected and managed to prevent degradation and ensure protection of critical area functions and values in perpetuity. Permanent protection shall be achieved through recordation of easements, covenants or deed restrictions between the owner and the city or a tax-exempt organization (such as a land trust) or other governmental agency, in a form approved by the city attorney. 45. Impervious Surface Limits for Lots. a. The maximum total percentage of land a lot area that can be covered by impervious surfaces (including parking areas) is limited by the slope of the lot for all detached single-family developments in the R-I and R-II zoning districts as follows: Impervious Surface Limit (expressed as % of Lot Slope Formatted Table actual land area) Less than 15% 30% 15 30% 25% Greater than 30% 20% Calculate the average slope of the entire lot. Apply the maximum percent of impervious surface to the land area as defined in this Chapter.. Areas waterward of the ordinary high water mark, confirmed landslide hazard areas (PTMC 19.05.100(C)(2)), and wetlands shall not be included to calculate land area. For example, only the buildable area landward of the marine bluff edge shall be used in the calculation. In shoreline jurisdiction: In no case shall total impervious area exceed 5,000 square feet for any one single- family detached dwelling and accessory structures (i.e., when a single-family home is proposed over multiple lots, the total impervious area must not exceed 5,000 square feet). b. The director may grant a waiver of impervious surface limits, allowing the percent of impervious surface to equal the maximum percent of lot coverage allowed under PTMC Title 17 if the request is the proposal minimizes impacts to critical areas and meets one of the following criteria: i. The proposal uses preferred practices, outlined in subsection (D)(2) of this section, which are appropriate for the lot; or ii. The lot has a unique shape or proportion (i.e., a triangular lot, with a circuitous driveway corridor). c. Wherever impervious surface limits conflict, the regulation that provides greater protection to critical areas shall apply. critical areas or impervious surfaces limitation areas overlap, the most stringent Formatted: NotHighlight limitation applies. \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 35/76 Chapter 19.05 CRITICAL AREAS 5. Stormwater and Erosion Control. a. Stormwater Management Plan. All development subject to the provisions of this chapter shall comply with the stormwater management manual, city engineering design standards manual, city stormwater plan, and adopted drainage basin plans. i. Stormwater management plans shall be consistent with the standards contained in the stormwater management manual and EDS manual and must be developed on a case-by-case basis. Plans shall and must contain a technical report that identifiesdescription of existing or predicted problems and sets set forth solutions to each. Off-site measures may be required to correct existing on-site problems or to prevent new problems from occurring. Surface water discharge from the site shall not be greater than historic or predevelopment rates. ii. If the development does not meet water quality standards established by law or administrative rules, the city may suspend further development work on the site until such standards are met. b. Erosion control practices must be detailed using best management practices for siltation/filtration devices to control surface runoff during construction in accordance with the stormwater management manual and engineering design standards. i. Applicants shall indicate erosion control measures on the site construction plan or stormwater control management plan, as appropriate for the project. ii. These requirements shall be in place following the preconstruction meeting outlined in PTMC 19.05.040(F)(1)(k)(i) and shall be reviewed and approved prior to clearing and grading. c. Applicants are also encouraged to consult the recommendations set forth in Chapter 5 of the current version of the Low Impact Development Technical Guidance Manual for the Puget Sound and Department ng the protection of native soils and vegetation, and retention of hydrologic function. 6. Alterations and Disturbance. a. A site mitigation plan shall be required by the director as an additional report submitted prior to final inspection if critical areas or critical slopes are identified on the site. (The requirements of the site mitigation plan may be included in the site construction plan if properly specified.) b. The site mitigation plan shall: i. Detail measures that restore the site to a revegetated condition after substantial foundation work and after project completion; ii. Specify terrain, vegetation, and trees, in concert with the stormwater management plan, that restore surface and ground water filtration characteristics to preconstruction conditions; iii. Retain characteristics compatible with the natural neighborhood environment. c. Protection of Vegetation. \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 36/76 Chapter 19.05 CRITICAL AREAS i. Areas of previously undisturbed natural vegetation in a critical area that have been damaged byin Formatted: NotHighlight violation of this Chapterhuman activity must be replaced with compatible species in accordance with a city-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 city-approved mitigation plan. 7. Boundary Defined: As a condition of permit approval, the Director may require permanent fencing or markers to define the edge of on-site critical areas or buffers. (Ord. 3198 § 3 (Exh. A), 2018; Ord. 3062 § 8, 2011; Ord. 2982 § 14, 2008; Ord. 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. 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 by land uses which will not affect ground water quality or quantity. 4. Vulnerability to pollution is a function of depth of ground water, permeability of soils and geologic formations (susceptibility), presence of potential source of contamination, and any other relevant factors. C. Regulated Development. The following types of development shall be regulated under this chapter: 1. High Risk Uses. The following land uses are considered high risk due to the probability and/or potential magnitude of their adverse effects on ground water. Unless otherwise waived by the director, a hydrogeologic assessment shall be required for: \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 37/76 Chapter 19.05 CRITICAL AREAS a. High impact uses as defined in PTMC 17.08.030; b. Hazardous substance processing or handling; c. Hazardous waste treatment, storage and disposal facilities; d. Landfills, junkyards, auto wrecking yards; e. Golf courses; f. Chemical manufacturing and reprocessing; g. Asphalt manufacturing or treatment; h. Electroplating and metal coating activities; i. Storage and electrical battery processing and reprocessing; and j. Other uses or activities determined by the city that may be likely to pose a threat to the aquifer. 2. Other Uses. The following land use activities may be allowed in aquifer recharge areas provided the director determines that the proposal meets the performance standards of subsection D of this section: a. All industrial land uses; b. All commercial uses including but not limited to vehicle repair and service stations; c. Above ground storage of petroleum products or other hazardous substances; d. Any development not connected to sanitary sewers which is located in a critical aquifer recharge area. In cases where on-site sewage treatment systems are allowed per Chapter 13.22 PTMC, Sewer Connections, additional requirements to condition on-site sewage treatment to prevent pollution of ground water may be required. In instances where on-site sewage treatment cannot be mitigated to prevent ground water contamination, the development permit application shall be denied. D. Performance Standards for Development. All regulated development, as identified in this section, shall be designed and constructed subject to the following standards: 1. Underground hazardous substance and/or petroleum storage facilities shall: 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 system to prevent the release of any stored substance; c. Use material in the construction or lining of the tank that is compatible with the substance to be stored; and \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 38/76 Chapter 19.05 CRITICAL AREAS d. Be consistent with any applicable Department of Ecology standards for construction and installation under Chapter 173-360 WAC. 2. Above ground hazardous substance and/or petroleum storage tanks shall: a. Not be fabricated, constructed, installed, used or maintained in any manner which may allow the release of a hazardous substance to the ground, ground water, or surface waters of Port Townsend within an aquifer recharge area; b. Not be fabricated, constructed, installed, used or maintained without having constructed around and under it an impervious containment area enclosing or underlying the tank; c. Require a secondary containment system either built into the tank structure or dike system built outside the tank for all tanks located within an aquifer recharge area; d. Be consistent with any applicable Department of Ecology standards for construction and installation (WAC 173-180-320). 3. On-site Sewage Treatment Systems shall obtain a septic system permit from Jefferson County Environmental Public Health. 3. 4. Vehicle Repair and Servicing. a. Vehicle repair and servicing must be conducted over impermeable pads and within a covered structure capable of withstanding normally expected weather conditions. Chemicals used in the process of vehicle repair and servicing must be stored in a manner that protects them from weather and provides containment should leaks occur. b. No dry wells shall be allowed in critical aquifer recharge areas on sites used for vehicle repair and servicing. Dry wells existing on the site prior to facility establishment must be abandoned using techniques approved by the State Department of Ecology prior to commencement of the proposed activity. 4. Stormwater runoff will be controlled and treated using BMPs and facility design standards as defined in Chapter 13.32 PTMC. 5. Agricultural and landscaping activities, specifically use of fertilizers, herbicides and pesticides in highly susceptible areas, shall be controlled. Federal, state, and local regulations of pesticides and water quality must be followed, including requirements for pesticide applicator licensing from the Washington State Department of Agriculture. 6. Applicants shall also consider the guidance set forth in Chapter 5 of the current version of the Low Impact Development Technical Guidance Manual for the Puget Sound for recommendations concerning the protection of native soils and vegetation, and retention of hydrologic function, during clearing and grading for development proposals. \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 39/76 Chapter 19.05 CRITICAL AREAS E. Mitigation or Compensation. Any regulated development listed in subsection C of this section which results in degradation of aquifer recharge areas or aquifer water quality will require restoration of on-site disturbance in full to preconstruction conditions. Additional compensation shall be required in the form of fines, provision of drinking water for areas dependent on the degraded aquifer, or alternative environmental restoration. F. Special Report Required. A hydrogeologic assessment may be required in those areas identified as highly susceptible or vulnerable or for uses posing a high risk of potential contamination. The report shall be prepared by a qualified consultant and shall address site- and project-specific conditions. The city may notify the U.S. Environmental Protection Agency, Washington State Department of Health, Washington Department of Ecology, and the Jefferson County health district to request comment during the pr (Ord. 3198 § 3 (Exh. A), 2018; Ord. 2899 § 1, 2005; Ord. 2319 § 1, 1992). 19.05.080 Critical area 2 Fish and wildlife habitat conservation areas. A. Purpose. Fish and wildlife habitat conservation areas are managed to provide suitable habitats for maintaining populations of species within their natural geographic distribution so that the habitat available is sufficient to support viable populations over the long term and isolated subpopulations are not created. The following regulations, in combination with the general performance standards for development contained in PTMC 19.05.060, are intended to provide reasonable measures to protect and conserve the habitat of fish and wildlife species and thereby maintain or increase their populations within Port Townsend. Habitat conservation will be accomplished by actively managing to maintain these species in their preferred habitats. However, habitat conservation does not require that all individuals of all species be protected. In appropriate circumstances, impacts resulting from regulated activities may be minimized, rectified, reduced and/or compensated for, consistent with this chapter. B. Classification. All areas within the city of Port Townsend meeting one or more of the following criteria, regardless of any formal agency identification, are hereby designated critical areas and are subject to the provisions of this chapter and shall be managed consistent with the best available science. Maps maintained by federal, state and local agencies are to be used as a guide only. Final critical area designations are based on field conditions. The following areas are defined as fish and wildlife habitat conservation areas and are identified under this chapter: 1. Areas with which state or federally designated endangered, threatened, and sensitive species have a primary association. Federally designated endangered and threatened species are those fish and wildlife species identified by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service that are in danger of extinction or threatened to become endangered. State designated endangered, threatened, and sensitive species are periodically recorded in WAC 232-12-014 (state endangered species) and WAC 232-12-011 (state threatened and sensitive species). The State Department of Fish and Wildlife should be consulted for current listing status; 2. Lands and waters containing documented habitats for plant and animal species listed in the Washington known to be identified and mapped by the Department of Fish and Wildlife in Port Townsend include but may not be limited to: a. Great blue heron rookeries; b. Brant and harlequin feeding areas; c. Waterfowl concentrations at Kah Tai Lagoon; \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 40/76 Chapter 19.05 CRITICAL AREAS d. Waterfowl wintering area at golf course pond; e. Alcid breeding areas (the family Alcidae includes murrelets, pigeon guillemots, auklets, puffins and common murres); f. Pinto abalone; g. Geoduck; h. Dungeness crab. Habitats and species of local significance may be added by action of the city council where the value and significance of such species locally can be established and sound scientific evidence can be presented to ermined to be locally significant; 3. All public and private tidelands or bedlands suitable for shellfish harvest as designated by the Washington Chapter 90.72 RCW; 4. Critical saltwater habitats, as designated in WAC 173-26-221 and as may be subsequently amended by the State legislature, including but not limited to Areas with kelp and eelgrass beds, spawning areas for herring, smelt, sand lance; subsistence, commercial and recreational shellfish beds, mudflats, intertidal habitats with vascular plants, and areas with which priority species have a primary association. . Kelp and eelgrass beds may be classified and identified by the Department of Natural Resources Aquatic Lands Program and the Department of Ecology. Many locations are were compiled in the \[year?\] Puget Sound Environmental Atlas or the current 2002 City of Port Townsend Shoreline Inventory; 5. Herring, smelt, sand lance and forage fish beach spawning areas. Times and locations are outlined in WAC 232-14-010, and resource agency guidance. Hydraulic Code Guidelines, Technical Report No. 79 , the Puget Sound Environmental Atlas and the current 2002 City of Port Townsend Shoreline Inventory; 6. Naturally occurring ponds (or created wetland ponds that are not stormwater detention/retention facilities) less than 20 acres and their submerged aquatic beds that provide significant fish or wildlife habitat; 7. Waters of the state include lakes, rivers, ponds, streams, inland waters, underground waters, salt waters, and all other surface waters and watercourses within the jurisdiction of the state of Washington, as defined in RCW 90.48.020 classified in WAC 222-16-031 (Interim Type 1 5) or and classified in WAC 222-16-030 (Type S Np), Forest Practices Rules and Regulations depending on classification used. No streams are identified in the City limits and thus, no express regulations addressing streams are provided herein. At the time of adoption of the updated critical areas regulations, Ordinance 3198, there were no streams identified within the city of Port Townsend. Therefore, there are no express regulations affecting streams; 8. Lakes, ponds and streams planted with game fish, including those planted under the auspices of a federal, Commented \[A24\]: In the context of future SMP updates, state, local or tribal program, and waters which support priority fish species as identified by the Washington ensure terms 'feeder bluffs', 'marine bluffs', and 'marine Department of Fish and Wildlife; shorelines' are all clearly defined and used consistently 9. Feeder bluffs along marine shorelines; \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 41/76 Chapter 19.05 CRITICAL AREAS 10. Marine nearshore habitat areas (i.e., the area encompassing the extreme low tide limit to the ordinary high water mark) and associated vegetated marine riparian areas; and 11. State natural area preserves, natural resource conservation areas, and state wildlife areas. The city concludes C. Regulated Development. Unless specifically exempted under PTMC 19.05.040, all development proposals or alterations in classified fish and wildlife habitat conservation areas shall comply with the standards included in subsections D through G of this section. Designated fish and wildlife habitat conservation areas that are within shoreline jurisdiction are also D. Performance Standards Applicable to All Development. 1. All development proposals or alterations in fish and wildlife habitat conservation areas shall: a. Ensure the proposal does not degrade the quantitative and qualitative functions and values of the habitat. The director shall condition approvals within or adjacent to a habitat conservation area or its buffers as necessary to minimize and, where necessary, to mitigate potential adverse impacts. b. Development activities allowed in fish and wildlife habitat conservation areas shall be consistent with the species located there, and shall be regulated additionally by restrictions defined in applicable federal, state and local regulations regarding the species. Development in or adjacent to areas used by state priority species shall be designed, located and constructed in consideration of Washington Department of Fish and Wildlife habitat recommendations. c. Incorporate best management practices (BMPs), including measures to avoid impacts due to construction noise, light and timing. 2. Habitat conservation areas identified in required habitat management plans are to be conserved for the management and maintenance of fish and wildlife habitat. Habitat conservation areas may overlap with other identified critical areas. Likely areas of overlap include critical drainage corridors, geologically hazardous areas and wetlands. E. Performance Standards for Terrestrial Habitats and Species. 1. Unless otherwise waived by the director, a habitat management plan shall be required for any development in or adjacent to areas identified as habitat for endangered, threatened or sensitive species and for breeding or nesting habitat of priority species. The plan shall incorporate mitigation recommendations developed in consideration of Washington Department of Fish and Wildlife habitat recommendations. 2. The habitat management plan shall show the exact location and extent of habitat conservation areas and any alteration of any habitat areas that may reduce the likelihood that the above listed species will survive or reproduce. 3. Bald Eagle Nests or Communal Roost. When a proposed activity may impact a bald eagle nest or roost, prior to the activity, the permittee shall strictly observe the guidance and requirements of the U.S. Fish and Wildlife agement Guidelines (May 2007 or as hereinafter amended) and, if required, \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 42/76 Chapter 19.05 CRITICAL AREAS 4. Great Blue Heron Rookeries. Unless otherwise allowed pursuant to PTMC 19.05.040(C), a habitat management plan is required when a proposed activity may impact a rookery. F. Additional Performance Standards for Shoreline Jurisdiction. 1. Development proposals and/or alteration within shoreline jurisdiction shall be mitigated to achieve no net loss of habitat function. 2. The following development standards shall also be applied in terrestrial habitat conservation areas that lie within the shoreline jurisdiction: a. For residential development, total impervious surface area shall be limited to 20 percent of the actual land areas. In no case shall total impervious area exceed 5,000 square feet for any one single-family detached dwelling and accessory structure (i.e., when a single-family home is proposed over multiple lots the total impervious area must not exceed 5,000 square feet); b. For nonresidential development, total impervious surface area shall be limited to 40 percent or 4,000 square feet, whichever is less; and c. At least 25 percent of the lot shall be required to be retained or replantstored in native vegetation. Areas to be retained shall include the largest contiguous, and/or most waterward blocks of native vegetation located on site. If no areas of native vegetation remain, the vegetation retention area shall be replanted with species native to shoreline areas of the Quimper Peninsula. For additions and expansions of existing developments, replanting shall be commensurate with the degree of impact resulting from the new development. G. Additional Performance Standards for Marine Habitats and Species. 1. Development in areas waterward of the ordinary high water mark shall require a critical areas report and shall give special consideration to the preservation and enhancement of anadromous fish habitat. 2. Development proposals shall be designed to first avoid and then minimize environmental impacts through the use of best available science and best management practices (e.g., Washington State Department of Fish (Publication 01583)). 3. Unavoidable impacts to marine habitat and environmental processes shall be mitigated to achieve no net loss of habitat function. 4. All in-water development shall meet the requirements of the hydraulic project approval (HPA) process administered by Washington Department of Fish and Wildlife. H. Additional Performance Standards for Critical Saltwater Habitats \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 43/76 Chapter 19.05 CRITICAL AREAS DR-6.6.1 Structures, developments, and uses, including marinas, docks, piers, mooring areas, underwater Formatted: Strikethrough parks, utilities, and shoreline modifications, shall not intrude into or be built over critical saltwater habitat unless the applicant can show that all of the following criteria can be met: a. An alternative alignment or location is not feasible. b. The project is designed to minimize its impacts on critical saltwater habitats and the shoreline environment. c. Impacts to critical saltwater habitat functions are mitigated to result in equal or better ecological function. d. The facility is a public or semipublic facility (e.g., water-dependent recreational or transportation facility or utility) and is in the public interest. DR-6.6.2 In areas not previously identified as critical saltwater habitat, the project proponent shall submit Formatted: Strikethrough appropriate reconnaissance-level studies to determine whether critical saltwater habitats exist, whenever the following two conditions are applicable: a. The proposed development, use or activity has the potential to cause significant adverse affects to a critical saltwater habitat; and b. The beach or saltwater area that may be impacted by the proposed development, use or activity is the type of environment in which a critical saltwater habitat typically occurs. DR-6.6.3 Except as a habitat improvement or restoration measure, aquatic herbicide treatments, mechanical Formatted: Strikethrough removal of vegetation and aquatic pesticide treatments shall not be used on critical salt-water habitats. DR-6.6.4 Sand, gravel or other materials shall neither be added nor removed from critical salt-water Formatted: Strikethrough habitats, except when part of an approved restoration effort or as allowed in DR-6.6.1, above. DR-6.6.5 New outfalls (including stormwater and sewer outfalls) and discharge pipes shall not be located Formatted: Strikethrough in critical salt water habitats or areas where outfall or discharge will adversely affect critical salt water habitats unless the applicant can show that all of the following can be met: a. There is no alternative location for the outfall or pipe. b. The outfall or pipe is placed below the surface of the beach or bed of the water body. c. The outfall discharges waterward of the subtidal zone d. The disturbed area will be revegetated with native plants. e. The discharge point(s) on the outfall or discharge pipe is located so the discharges, including nutrients in the discharge and currents, do not adversely affect critical salt-water habitats. \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 44/76 Chapter 19.05 CRITICAL AREAS Formatted: Indent: Left: 0" HI. Buffers or Setbacks. 1. The buffer width shall be established by an approved critical areas report prepared by a qualified consultant. To retain adequate natural habitat for classified species, buffer needs shall be assigned on a case-by-case basis, and the process and justification shall be described in the requi red critical areas report. 2. Buffers shall be based on Washington Department of Fish and Wildlife priority habitat and species management recommendations. 3. Buffer widths may be increased by the director if species present are sensitive to or endangered by habitat alteration, or if the area supports unique or rare plant communities, or contains rearing and nesting sites for endangered, threatened or priority species. 4. Buffer widths may be reduced by the director if the project includes buffer enhancement as part of an approved habitat management plan or if it is found that the affected property would be denied reasonable use as defined in PTMC 19.05.050(E). For .critical saltwater habitats, buffer reductions shall not exceed 25% so that at least 75% of the standard width is maintained. 5. 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 buffer. IJ. Mitigation or Compensation. Mitigation measures shall be based on the best available science and may include, but are not limited to: 1. Establishment of buffer zones; 2. Preservation of critically important vegetation and/or habitat features such as snags and downed wood, plants and trees; 3. Limitation of access to habitat area including fencing to deter unauthorized access; 4. Seasonal restriction of construction activities; 5. Establishing a timetable for periodic review of mitigation activities; 6. Using BMPs to avoid or reduce impacts; 7. Reducing the size, scope, configuration or density of the project; 8. Requirement of a performance or maintenance bond to ensure completion and success of proposed mitigation; 9. Off-site mitigation as per PTMC 19.05.060(C). \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 45/76 Chapter 19.05 CRITICAL AREAS J. Special Report Required. Unless otherwise waived by the director, a qualified consultant shall prepare a habitat assessment, and if adverse impacts are identified, a habitat management plan for the following activities: 1. Any development in or adjacent to areas identified as habitat for endangered, threatened or sensitive species or for breeding or nesting habitat of priority species. 2. Development in areas waterward of the ordinary high water mark. 3. Any development likely to cause impacts to marine habitat and environmental processes. 4. Unless otherwise exempt under Chapter 16.08 PTMC, a permit application to develop in the special flood hazard area shall include an assessment of the impact of the project on federal, state or locally protected species and habitat, water quality and aquatic and riparian habitat. K. Report Content. 1. Habitat Assessment. A habitat assessment is an investigation of the project area to evaluate the potential presence or absence of designated critical fish or wildlife species or habitat. A critical areas report for a fish and wildlife habitat conservation area shall contain an assessment of habitats, including the following site-and proposal-related information at a minimum: a. A project description including construction methods and timing; b. Proposed site plan that includes the exact location and extent of habitat conservation areas, their associated buffers and proposed alteration of habitat areas. The site plan shall be prepared in sufficient detail to enable assessment of potential adverse impacts; c. A detailed description of existing conditions on site and within 300 feet of the project area including topography, vegetation, all fish and wildlife habitat conservation areas, shoreline areas, floodplains, other critical areas, and related buffers; d. Identification of any species of local importance, priority species, or endangered, threatened, sensitive, or candidate species that have a primary association with habitat on or adjacent to the project area, and assessment of potential project impacts to the use of the site by the species; e. A discussion of any federal, state, or local special management recommendations, including Washington Department of Fish and Wildlife habitat management recommendations, that have been developed for species or habitats located on or adjacent to the project area. f. A discussion of ongoing management practices that will protect habitat after the project site has been developed, including proposed monitoring and maintenance program. 2. Habitat Management Plan. If the habitat assessment concludes the project is expected to have an adverse effect on water quality and/or habitat or habitat functions, the applicant shall provide a plan to mitigate those impacts. The plan shall incorporate mitigation recommendations consistent with Washington Department of Fish and Wildlife habitat recommendations. L. Additional Information Required for Special Flood Hazard Areas Pursuant to PTMC 16.08.130(F). \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 46/76 Chapter 19.05 CRITICAL AREAS 1. In addition to the habitat assessment requirements in subsection (K)(1) of this section, the habitat impact assessment shall be: a. A biological evaluation or biological assessment developed per 50 CFR 402.12 to initiate federal interagency consultation under Endangered Species Act Section 7(a)(2); or b. Documentation that the activity fits within Section 4(d) of the Endangered Species Act; or c. Documentation that the activity fits within a habitat conservation plan approved pursuant to Section 10 of the Endangered Species Act, where any such assessment has been prepared or is otherwise made available; or d. An assessment prepared in accordance with Regional Guidance for Floodplain Habitat Assessment and Mitigation, FEMA Region X, 2010. The assessment shall determine if the project would adversely affect: i. Species that are federal, state or local listed as threatened or endangered; ii. The primary constituent elements for critical habitat, when designated; iii. Essential fish habitat designated by the National Marine Fisheries Service; iv. Fish and wildlife habitat conservation areas; v. Other protected areas and elements necessary for species conservation. 2. Habitat Management Plan Required for Special Flood Hazard Areas Pursuant to PTMC 16.08.130(F). If the habitat assessment concludes the project is expected to have an adverse effect on water quality and/or aquatic or riparian habitat or habitat functions, the applicant shall provide a plan to mitigate those impacts. The habitat management plan must be prepared in accordance with Regional Guidance for Floodplain Habitat Assessment and Mitigation, FEMA Region X, 2010. a. If the USFWS or NMFS issues an incidental take permit under Section 10 ESA, or biological opinion under Section 7 ESA, then it can be considered to qualify as a plan to mitigate those impacts. b. If the project is located outside the protected area, the mitigation plan shall include such avoidance, minimization, restoration, or compensation measures so that indirect adverse effects of development in the floodplain (effects to stormwater, riparian vegetation, bank stability, channel migration, hyporheic zones, wetlands, etc.) are mitigated such that equivalent or better habitat protection is provided. c. If the project is located in the protected area, the mitigation plan shall stipulate such avoidance measures as are needed to ensure that there is no adverse effect during any phase of the project. development permit shall be based on the redesigned project and its mitigation components. e. The building official shall not issue a certification of use or a certificate of occupancy until all work identified in the habitat assessment and mitigation plan has been completed or the applicant has provided the necessary assurance device in a form acceptable to the city attorney that unfinished portions of the project will be completed. \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 47/76 Chapter 19.05 CRITICAL AREAS M. Additional Information Required in Shoreline Jurisdiction. In addition to the information required in subsection K of this section, critical areas reports must assess compliance with development regulations included in applicable sections of Chapter 6, 2018; Ord. 3062 §§ 9 11, 2011; Ord. 2899 § 1, 2005; Ord. 2319 § 1, 1992). 19.05.090 Critical area 3 Frequently flooded areas and critical drainage corridors. A. Purpose. 1. The purpose of frequently flooded area regulations is to safeguard the public from threats to life or property associated with flooding, and to preserve the natural function of floodplains to store and control floodwaters, improve water quality and to provide for aquifer recharge. 2. The purpose of critical drainage corridor regulations is to mitigate flooding, drainage, erosion or sedimentation problems that have resulted or may result from the cumulative impacts of development and urbanization. B. Classification. The following areas are defined as frequently flooded areas or critical drainage corridors and are protected under this chapter: 1. Frequently flooded areas are those lands which can be expected to flood at a frequency of once every 100 years, or which are subject to a one percent or greater chance of flooding in any year. These areas are mapped by the Federal Emergency Management A -99 and VE or as determined and designated by public works through basin modeling studies. 2. Critical drainage corridors (CDCs) are characterized as a year-round or intermittent naturally flowing watercourse which exhibits but is not limited to one or more of the following characteristics: a. A stream or watercourse formed by nature or modified by humans; b. Generally consisting of a defined channel with a bed for a substantial portion of its length on the lot; and/or c. Perched ponds, ravines or other natural drainage features. 3. Critical drainage corridors have been identified and mapped by the public works department using the above criteria. C. Regulated Development. Unless specifically exempted under PTMC 19.05.040(B): 1. All development proposals and alterations located within frequently flooded areas shall be regulated under this chapter, as well as Chapter 16.08 PTMC, Flood Damage Prevention. 2. All development proposals and alterations located on a site within a critical drainage area shall require the applicant to provide a survey of the centerline of a watercourse with the application for development. The project applicant shall be required to indicate the critical drainage corridor on the site construction plan (see reports and surveys) and these areas shall be marked in the field prior to the preconstruction meeting. Corridors \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 48/76 Chapter 19.05 CRITICAL AREAS shall be no less than 25 feet on each side of the centerline of the lowest point; the director of public works may require a larger corridor where warranted by field conditions. D. Performance Standards for Development. 1. Standards for Frequently Flooded Areas. a. Where applicable, development shall comply with the requirements of Chapter 16.08 PTMC, Flood Damage Prevention. b. Development shall not reduce the effective base flood storage volume. With the exception of marine waters, effective storage volume must be maintained or mitigated in accordance with subsection F of this section, Mitigation or Compensation. c. For those basins within Port Townsend having no natural outlet, the director may choose to increase design standards as needed to protect against damages that may result due to the increased likelihood of flooding. 2. Standards for Critical Drainage Corridors. a. Access roads, trail crossings, and utilities may be allowed to cross critical drainage corridors where the city determines that no other practicable alternative exists and all unavoidable impacts are fully mitigated consistent with this chapter. b. No fill or impervious surface is permitted within a critical drainage corridor except as outlined in subsection (D)(2)(a) of this section. c. No mechanized power equipment may enter or be used within a critical drainage corridor without the written approval of the DSD director. d. Building pads are not permitted within a critical drainage corridor. e. Native and existing vegetation shall be maintained to the extent practicable. E. Buffers and Setbacks. None; however, where frequently flooded areas or critical drainage areas overlap other critical areas, the larger buffer shall apply. F. Mitigation or Compensation. 1. Development activities that would reduce the floodwater storage volume effectiveness shall be mitigated by creating compensatory storage on site if hydrologically practicable and consistent with watershed functional priorities, or, if allowed by the director, may be created off site, but within the same drainage basin. 2. The applicant shall design such compensatory storage facilities to meet or exceed current standards and 3. The applicant shall provide a long-term maintenance plan for storage facilities. \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 49/76 Chapter 19.05 CRITICAL AREAS 4. If conditions warrant, the city may be requested, or may choose, to take over long-term maintenance of these facilities under appropriate legal agreements. - agreement indemnifying the city from claims related to the activity. G. Special Reports. Unless otherwise waived by the director, development proposals or alterations located within frequently flooded areas and/or critical drainage corridors shall require a report prepared by a qualified consultant documenting that the proposed development meets the performance standards for development in subsection D of this section and, where impacts occur, impacts have been mitigated to ensure no net loss of critical area functions. (Ord. 3198 § 3 (Exh. A), 2018; Ord. 2899 § 1, 2005; Ord. 2535 § 5, 1996; Ord. 2319 § 1, 1992). 19.05.100 Critical area 4 Geologically hazardous area. A. Purpose. These critical areas are characterized by lot slope, soil type, geologic material, and ground water that may combine to create problems with slope stability, erosion and water quality during and after construction or during natural events such as earthquakes or excessive rainstorms. They pose a threat to the health and safety of citizens when incompatible development is sited in areas of significant hazard. Such incompatible development may not only place itself at risk, but also may increase the hazard to surrounding development and use. The following regulations, in combination with the performance standards for development, will guide development in these critical areas. The purpose of these regulations is to maintain the natural integrity of geologically hazardous areas and their buffers in order to protect adjacent lands from the impacts of landslides, mudslides, subsidence, excessive erosion and seismic events, and to safeguard the public from these threats to life or property. Construction in geologically hazardous areas will not be allowed when the potential risk to public health and safety cannot be reduced to a level comparable to the risk if the site were stable. This section acknowledges that some potential risk due to construction in these areas can be reduced through appropriate site planning and structural engineering design. B. Classification. Areas in the city susceptible to one or more of the following types of hazards shall be designated as a geologically hazardous area: 1. Erosion hazard; 2. Landslide hazard; 3. Seismic hazard; 4. Tsunami hazard. C. Designation of Specific Geologically Hazardous Areas. 1. Erosion Hazard Areas. Erosion hazard areas include areas likely to become unstable, such as bluffs, steep slopes, and areas with unconsolidated soils. Any area containing soil or soil complexes described or mapped within the United States Department of Agriculture/Soil Conservation Service Soil Survey for Jefferson County as having a severe to very severe erosion hazard potential. 2. Landslide Hazard Areas. Landslide hazard areas are areas potentially subject to landslides based on a combination of geologic, topographic, and hydrologic factors. They include areas susceptible because of any \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 50/76 Chapter 19.05 CRITICAL AREAS combination of soil, slope (gradient), slope aspect, structure, hydrology, or other factors. Examples of these may include the following: a. Areas of historic failures, such as: limitation for building site development; ii. Those areas mapped by Ecology (Coastal Zone Atlas) or Washington Department of Natural Resources (WDNR) (slope stability mapping) as unstable (U or Class 3), unstable old slides (UOS or Class 4), or unstable recent slides (URS or Class 5); iii. Areas designated as landslides on maps published by the USGS or WDNR; or iv. Areas mapped in the Liquefaction Susceptibility Map of Jefferson County published by the Washington Department of Natural Resources; b. Areas with all three of the following characteristics: i. Slopes steeper than 15 percent; ii. Hillsides intersecting geologic contacts with a relatively permeable sediment overlying a relatively impermeable sediment or bedrock; and iii. Springs or ground water seepage; c. Any area potentially subject to mass movement due to a combination of geologic, topographic, and hydrologic factors, but not limited to those areas mapped or described by the Soil Conservation Service, the Washington State Department of Ecology, Department of Natural Resources or U.S. Geologic Service. These classifications may be based on performance standards rather than mapping; d. Any area potentially unstable due to erosion or sloughing as a result of rapid stormwater runoff, soil saturation or undercutting by wave action; e. Critical Slopes. Any slope of 40 percent or steeper that exceeds a vertical height of 10 feet over a 25- foot horizontal run shall be presumed geologically hazardous unless it meets at least one of with the following exceptions: i) a qualified consultant has submitted a letter report that conclusively demonstrates to the satisfaction of the Director that the slope does not pose a hazard and, ii) the Director, in consultation with the City Engineer, determines that the area of 40% Formatted: Font: 12 pt slope is an isolated man-made slope (this exception shall not apply to historically altered bluffs). E engineered plans shall be required and, unless waived by the Director, a geotechnical engineer shall review the plans and certify that, either as proposed or subject to recommended mitigation measures, the project will pose no unreasonable threat to persons or property, either on or off site, and the proposal will not decrease slope stability. \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 51/76 Chapter 19.05 CRITICAL AREAS . 3. Seismic Hazard Areas. Seismic hazard areas are areas subject to severe risk of damage as a result of earthquakes, slope failure, settlement, soil liquefaction or faulting. These areas are identified by the presence of poorly drained soils (greater than 50 percent silt and less than 35 percent coarse material), loose sand or gravel, peat, artificial fill and landslide materials, or soils with high organic content. 4. Tsunami Hazard Areas. Tsunami hazard areas are coastal areas and large lake areas susceptible to flooding and inundation as the result of excessive wave action derived from seismic or other geologic events. These areas have been mapped by WDNR. D. Regulated Development. 1. Seismic and Tsunami Hazard Areas. Development proposals in seismic and tsunami hazard areas may be allowed and the director may waive the requirement for a critical areas permit per PTMC 19.05.040(C) provided the development shall comply with the provisions of subsection E of this section. 2. Development or alterations in landslide or erosion hazard areas or their associated buffers shall comply with the provisions of PTMC 19.05.060 and standards included in subsection E of this section. E. Performance Standards for Development. 1. Standards for Seismic Hazard Areas and Tsunami Hazard Areas. a. Standards for development of structures and improvements in seismic or tsunami hazard areas shall be in accordance with the provisions of building and construction codes as currently adopted by the city. No additional setback or other requirements are necessary to regulate structural design. b. Critical facilities shall not be located in seismic or tsunami hazard areas unless mitigation is provided that renders the proposed development as stable as if it were not located within a seismic/tsunami hazard area. c. Building plans for development within tsunami hazard areas or liquefaction prone areas shall include a note indicating the plans are being made in a tsunami hazard/liquefaction prone area. 2. Standards for Landslide and Erosion Hazard Areas. Development in landslide or erosion hazard areas shall comply with the following performance standards: a. Stormwater Control. i. Within all landslide and erosion hazard areas, the applicant must demonstrate that the temporary and final improvements to control runoff water quality, erosion, and sedimentation incorporate source controls, best management practices, and treatment and degradation controls that will not aggravate an existing problem or cause a new problem to occur. ii. Surface drainage shall be directed away from landslide and erosion hazard areas. When no other solution is practicable, surface drainage piping may be located on the face of a geologically hazardous area when contained in a tight line (closed, nonleaking pipe) and in such a way that erosion will not be \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 52/76 Chapter 19.05 CRITICAL AREAS exacerbated and, if applicable, physical access along the shoreline is not degraded. Conditions may be applied to mitigate for aesthetic impacts of drainage systems as viewed from public areas.. b. Erosion Control. i. Development within landslide and erosion hazard areas shall require a special report specifying detailed erosion control measures, which must be in place following the preconstruction meeting and approved prior to clearing and grading. ii. Clearing of vegetation is allowed only within the dry season (generally from May 1st through September 30th), unless specifically approved by the director where conditions warrant such an allowance and the risk of hazard is controlled; clearing shall not occur until a permit or other written authority is obtained. iii. The face of cut and fill on slopes shall be prepared and maintained to control against erosion and instability through utilization of surface mulches or rapid revegetation activities. iv. The proposal shall not increase the rate of surface water discharge or sedimentation and shall not decrease adjacent property slope stability. c. Preservation of Vegetation. i. Whenever practicable, existing vegetation in these areas should remain in an undisturbed condition. If the area is unvegetated due to a previous disturbance, immediate efforts may be required to provide a persistent native vegetative cover, to prevent erosion or hazard. ii. To minimize impacts to critical areas and on-site vegetation, the city may require clearing plans to be designed to minimize impacts to soil and understory vegetation by providing for sequencing and staging. d. Development Design. i. All development proposals shall be designed to minimize the footprint of building and other disturbed areas within landslide or erosion hazard areas. Common access drives and utility corridors are required where practicable; and ii. All development shall be designed to minimize impervious lot coverage (e.g., under structure parking, multilevel structures, etc.); and iii. Structures shall be clustered where possible to reduce disturbance and maintain natural topographic character; and iv. Structures shall conform to natural contour of slope and foundations should be tiered where possible to conform to existing topography of site; and v. Roads, walkways and parking areas should be designed to parallel the natural contours; and vi. Access shall be in the least sensitive area of the site; and \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 53/76 Chapter 19.05 CRITICAL AREAS vii. Construction of private or public utility corridors may be allowed in landslide and erosion hazard areas only when no viable alternative exists; provided, that a special study accepted by the director concludes the development will not increase the risk of landslide or accelerated erosion. e. Landscaping Design. i. A site mitigation plan shall be prepared in accordance with PTMC 19.05.060(D)(6), unless waived by the director. ii. The disturbed area of a development site shall be landscaped to provide long-term erosion control. iii. Landscape plantings should encourage the use of drought-tolerant native vegetation such as those iv. All landscaping must be completed in landslide and erosion hazard areas before a development will receive a final inspection. f. Additional Standards for Landslide Areas. i. All proposed development on geologically hazardous areas and marine bluffs with slopes greater than 40 percent that exceed a vertical height of 10 feet and their required buffers shall be prohibited, except; a) As if allowed under PTMC 19.05.040(B) Exemptions and or (EC) Allowed Activities, or b) As allowed under PTMC 19.05.050 (D) Exceptions-Public Agency and Utilityor (E) Exception-Reasonable Use c) for minor development to provide public access (e.g., public trails, stairs or view points), or d) where the Director, in consultation with the City Engineer, determines that the area of 40% slope is an isolated man-made slope (this exception shall not apply to historically altered bluffs) engineered plans shall be required and, unless waived by the Director, a geotechnical engineer shall review the plans and certify that, either as proposed or subject to recommended mitigation measures, the project will pose no unreasonable threat to persons or property, either on or off site, and the proposal will not decrease slope stability. ; when the special study concludes that doing so would not result in an increased risk to people or property or impacts to environmental processes. Engineered plans will be required. ii. Marine Bluffs. A special study shall be required for all proposed development occurring within the Bluff Height Marine Bluff Management zone Less than 10 feet No management zone 10 50 feet 50-foot management zone \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 54/76 Chapter 19.05 CRITICAL AREAS Bluff Height Marine Bluff Management zone 51 100 feet Equal to the height of the bluff Greater than 100 feet 100-foot Figure 19.05.100(A) Marine Bluffs iii. Inland Banks. All proposed development occurring within 50 feet of the top of an inland bank classified as a landslide or erosion hazard area shall require preparation of a special study. This area Figure 19.05.100(B) Inland Banks \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 55/76 Chapter 19.05 CRITICAL AREAS iv. Within the marine bluff and inland bank management zones set forth in this section, a buffer shall be established and maintained as set forth in subsection F of this section. v. Alterations occurring within 25 feet of the toe of landslide hazard areas must conform to specific recommendations in the special study. F. Buffers and Setbacks. 1. Licensed Engineering Geologist Recommends Buffer Subject to Minimum. Within the management zones established for marine bluffs and inland banks under subsections (E)(2)(f)(ii) and (iii) of this section, the buffer width shall be established by an approved special study prepared by an engineering geologist with a Washington specialty license in engineering geology as specified in Chapter 18.220 RCW. The report shall be based upon the best available science, existing and proposed uses, risks of slope failure, and coastal erosion rates, if applicable. The recommended buffer shall be based on site-specific conditions and proposed design. In no case shall the buffer be less than the minimum buffers established by this section and/or the shoreline master program as applicable. 2. Minimum Buffer for New Land Division. Unless otherwise excepted in subsection (F)(3) of this section, for new short plats, subdivisions, binding site plans, and PUDs, a minimum buffer of 50 feet shall be provided from the edge of all marine bluffs, and 25 feet from inland banks; provided, that a reduction in the required buffer width to a distance equal to the height of the slope may be permitted when the special study concludes that doing so would not result in an increased risk to people or property or impacts to environmental processes. Erosion rates measured over at least a 75-year period shall be evaluated in any special study recommending a buffer width less than the applicable minimum. Under no circumstance may the buffer width for a marine bluff 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 toe. (Also see PTMC 19.05.060(D)(3), Land Divisions Building Pad.) 3. Minimum Buffer for Existing Lots and Infill Subdivisions. For existing lots, and infill subdivisions creating no additional waterfront lots, a landslide hazard area buffer less than that required for new subdivisions under subsection (F)(2) of this section may be permitted to allow development of a single-family residence; if the special study concludes that doing so would not result in an increased risk to people or property or impacts to environmental processes. Additionally, for proposals within the shoreline jurisdiction, 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 \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 56/76 Chapter 19.05 CRITICAL AREAS from the crest of the bluff; or 10 feet from the sides and the toe of a marine bluff (DR 6.8.1 of the shoreline master program). (Also see PTMC 19.05.060(D)(3), Land Divisions Building Pad.) 4. 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 marine bluff or inland bank buffer. 5. Remodels and/or additions to nonconforming structures (including new decks) shall be subject to the following: a. A minor remodel or addition that neither changes an existing foundation line (i.e., no site alterations) nor increases the existing square footage of a structure by more than 25 percent shall not require preparation of a special study; b. A remodel or addition that involves site alterations with an estimated cost of less than 50 percent of the market value of the existing structure shall require preparation of a special study, and shall be conditioned to locate new improvements away from identified hazard areas; c. A remodel or addition that involves site alterations with an estimated cost of 50 percent or more of the market value of the existing structure shall be subject to the requirements applicable to new development. Such proposals shall also meet the view protection standards of the SMP. 6. 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 director approves a substitute vegetation with the same or better mitigation characteristics. G. Special Reports. For geologically hazardous slopes, erosion hazard areas, and landslide hazard areas, unless waived by the director, a licensed engineering geologist shall complete a field investigation and geological assessment to determine whether or not the site for the proposed activity is located within 200 feet of the geologic hazard. The geological assessment shall be submitted in the most applicable form as follows: 1. A Geological Letter. When the geologist or geotechnical professional finds that no hazard area exists within 200 feet of the site, a stamped letter may be submitted demonstrating those findings; 2. A Geological Report. When the geologist finds that a geologically hazardous area exists within 200 feet of the site, but will not impact the site or need engineering design recommendations; 3. A Geotechnical Report. When the licensed engineering geologist finds that a geologically hazardous area exists within 200 feet of the site, and will require engineering design recommendations or other mitigation measures necessary in order to construct or develop within the geologically hazardous area. The report shall be stamped and signed by the LEG and co-sealed by an engineer who has a valid Washington State engineering license as specified in Chapter 18.43 RCW with appropriate training and experience for the proposed engineered design mitigation. For engineered mitigation measures on marine shorelines, the engineer shall have the appropriate training and experience in coastal processes. \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 57/76 Chapter 19.05 CRITICAL AREAS Generally, avoiding impacts is the preferred option consistent with the mitigation sequence set forth in Formatted: Indent: Left: 0.28" PTMC 19.05.060 A. When permitted, alterations of geological hazard areas or associated buffers may occur only for activities that meet the following criteria: 1. Will not increase the existing threat of the geological hazard to adjacent properties; 2. Will not decrease the factor of safety within the landslide area below the limits of 1.5 for static conditions and 1.1 for dynamic conditions. Analysis of dynamic (seismic) conditions shall be based on a minimum horizontal acceleration as established by the current version of the Washington State Building Code. 3. Will not adversely impact other critical areas; 4. Are designed so that the hazard to the project is eliminated or mitigated to a level equal to or less than pre-development conditions; and 5. Are certified as safe as designed under anticipated conditions by a qualified engineer or geologist, licensed in the state of Washington. The department may condition or deny proposals as appropriate to achieve these criteria. Conditions may include limitations of proposed uses, modification of density, alteration of site layout, and other appropriate changes to the proposal. (Ord. 3198 § 3 (Exh. A), 2018; Ord. 3062 §§ 12, 13, 14, 2011; Ord. 2982 §§ 15, 16, 2008; Ord. 2899 § 1, 2005; Ord. 2867 § 2, 2004; Ord. 2319 § 1, 1992). 19.05.110 Critical area 5 Wetlands. A. Purpose. The purpose of these regulations is to protect the public from harm by preserving the functions of wetlands and streams as recharge for ground water, flood storage, floodwater conveyance, habitat for fish and wildlife, sediment control, pollution control, surface water supply, aquifer recharge and recreation. B. Classification. 1. Designated wetlands are areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Designated wetlands generally include swamps, marshes, bogs, and similar areas. Designated wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass- \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 58/76 Chapter 19.05 CRITICAL AREAS lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Designated wetlands may include those artificial wetlands intentionally created from nonwetland areas to compensate for wetland impacts, including conversion of wetlands. Commented \[A25\]: GMA requires the use of wetlands as defined in (RCW 36-70A-030\[31\]30) without modification. 2. Designated wetland areas have been identified by: Please use it as defined here: a. U.S. Fish and Wildlife Services National Wetlands Inventory; or saturated by surface water or ground water at a frequency and duration sufficient to support, and that b. Wetlands identified within the land use/land cover inventories of the Department of Ecology Coastal under normal circumstances do support, a prevalence of Zone Atlas; vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, c. Department of Ecology Washington Coastal (Floating) Kelp Resources; bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from non-wetland sites, including, but not limited to, irrigation and drainage County soil survey; ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape e. City of Port Townsend inventories and delineations, existing and as hereinafter amended. amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction 3. For the purposes of a general inventory, wetlands will be defined in accordance with the approved federal of a road, street, or highway. Wetlands may include those wetland delineation manual and applicable regional supplements. artificial wetlands intentionally created from non-wetland 4. Wetlands shall be rated according to the Washington State Wetland Rating System for Western Washington (2014) or as revised by Ecology. Commented \[A26\]: Presence of wetlands should be determined by onsite conditions. Maps can be unreliable a. Category I. Category I wetlands are: and conditions can change over time. We strongly recommend that you include mention of this or something i. Relatively undisturbed estuarine wetlands larger than one acre; along the lines of this: ii. Wetlands that are identified by scientists of the Washington Natural Heritage Program/DNR as requirements of this chapter, regardless of whether or not a wetlands of high conservation value; Commented \[A27\]: This is called the Department of iii. Bogs; Ecology of Coastal Atlas. Not Zone Atlas. iv. Mature and old growth forested wetlands larger than one acre; Commented \[A28\]: Why is this included for wetlands? v. Wetlands in coastal lagoons; to fit. vi. Interdunal wetlands that score eight or nine points for habitat, and are larger than one acre; and vii. Wetlands that score 23 points or more on the questions relating to functions. b. Category II. Category II wetlands are: i. Estuarine wetlands smaller than one acre, or disturbed estuarine wetlands larger than one acre Estuarine wetlands smaller than one acre or coastal lagoons smaller than 1/10-acre, or disturbed estuarine wetlands larger than one acre or disturbed coastal lagoons larger than 1/10-acre; \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 59/76 Chapter 19.05 CRITICAL AREAS ii. Wetlands that score between 20 and 22 points on the questions related to the functions present; or and iii. Interdunal wetlands larger than one acre and that score seven or lower for habitat, or those found in a mosaic of wetlands and dunes larger than one acre. c. Category III. Category III wetlands are: i. Wetlands with a moderate level of functions (scores between 16 and 19 points); and ii. Interdunal wetlands between one-tenth of an acre and one acre in size. d. Category IV. Category IV wetlands have the lowest levels of functions (scores less than 16 points) and are often heavily disturbed. These are wetlands that are capable of being replaced, and in some cases improved. However, experience has shown that replacement cannot be guaranteed in any specific case. These wetlands may provide some important functions, and should be protected. C. Regulated Development. 1. Regulated wetlands include all Category I and II wetlands, and all Category III and IV wetlands. 2. Regulated wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of construction of a road, street or highway. These wetlands are considered to be facilities and require maintenance. At such a time when these facilities are not maintained for a period of more than five years, yet still retain wetland characteristics, they revert to regulated wetland status if they meet the parameters of the regulated wetland definition. 3. If a wetlands delineation is required, it must be conducted by a qualified (wetlands) critical areas consultant in accordance with the approved federal wetland delineation manual and applicable regional supplements. Commented \[A29\]: We are not sure what a Real Time Kinematics is but it appears to a brand of GPS. Is there a a. Prior to construction, the applicant shall mark and provide an accurate ground verified map (e.g., GPS reason it has to be this kind of GPS? As recommended in our Real Time Kinematics or certified survey) for of the edges of the wetland on the site. See PTMC previous feedback on past versions of your CAO we highly 19.05.040(F)(1)(j). suggest the following language: -meter b. Where the applicant has provided a delineation of the wetland boundary, the director shall verify the accuracy, or equivalent method) of the wetland edges shall accuracy of, and may render adjustments to, the boundary delineation. In the event the adjusted boundary services from a third party to render a final delineation. c. The director, when requested by the applicant, may perform the delineation in lieu of delineation by the applicant. i. The director shall consult with qualified professional scientists and technical experts or other experts as needed to perform the delineation. ii. The applicant will be charged for the costs incurred. \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 60/76 Chapter 19.05 CRITICAL AREAS D. Performance Standards for Development. 1. Activities and uses shall be prohibited in wetlands and wetland buffers, except as provided for in this subsection. A critical areas report may be required to support the requested activity and, where impacts cannot be avoided, mitigation provided in accordance with this section. 2. Category I Wetlands. Activities and uses that result in alteration of Category I wetlands and their buffers shall be prohibited except as provided for in PTMC 19.05.040(B), Exemptions, 19.05.050, exceptions, and subsection (D)(5) of this section. 3. Category II and III Wetlands. Except as specified in subsection (D)(5) of this section, for Category II and III wetlands and their buffers, the following standards shall apply: a. Water-dependent activities may be allowed where there are no practicable alternatives that would have a less adverse impact on the wetland, its buffers and other critical areas, and where the use meets the intent of this chapter. b. Non-water-dependent activities and uses shall be prohibited unless the applicant can demonstrate that: i. The basic project purpose cannot reasonably be accomplished on another site or sites in the general region while still successfully avoiding or resulting in less adverse impact on a wetland; and ii. All on-site alternative designs that would avoid or result in less adverse impact on a wetland or its buffer, such as a reduction in the size, scope, configuration or density of the project, are not feasible. Full compensation for the loss of acreage and functions of wetland and buffers shall be provided under the terms established under subsection H of this section. 4. Category IV Wetlands (Except Small Hydrologically Isolated Wetlands (see Subsection (D)(5) of This Section)). Activities and uses that result in unavoidable impacts may be permitted in Category IV wetlands and associated buffers in accordance with an approved critical area report and compensatory mitigation plan, and Full compensation for the loss of acreage and functions of wetland and buffers shall be provided under the terms established under subsection H of this section. 5. Exemptions from Avoidance Requirement. The director may exempt the following wetlands from the requirement to avoid impacts (PTMC 19.05.060(A)), and these wetlands may be filled if the impacts are fully mitigated based on subsection (H)(2)(b) through (e) of this section. If available, impacts should be mitigated through the purchase of credits from an in-lieu fee program or mitigation bank. In order to verify the following conditions, a critical area report for wetlands meeting the requirements of this chapter must be submitted: a. All isolated Category IV wetlands less than 4,000 square feet in area that: i. Are not associated with riparian areas or their buffers; ii. Are not associated with shorelines of the state or their associated buffers; iii. Are not part of a wetland mosaic; \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 61/76 Chapter 19.05 CRITICAL AREAS iv. Do not score five six or more points for habitat function based on the 2014 update to the Washington State Wetland Rating System for Western Washington: 2014 Update (Ecology Publication No. 14-06-029, or as revised and approved by Ecology); Commented \[A30\]: This was updated to a new publication number in July 2024 for the V2 of the Western v. Do not contain a priority habitat or a priority area for a priority species identified by the Washington WA Rating System. Please change it to #23-06-009 Department of Fish and Wildlife, do not contain federally listed species or their critical habitat, or species of local importance identified in PTMC 19.05.080(B). b. Wetlands less than 1,000 square feet that meet the above criteria and do not contain federally listed species or their critical habitat are exempt from the buffer provisions in this chapter. 6. Stormwater Management. The following surface water management activities may be allowed only if they meet the following requirements: a. Category I, II, III, and IV wetlands and buffers may be used for regional retention/detention facilities only Formatted: Indent: Left: 0.28" when all applicable requirements of the EDS manual are met, the use will not adversely affect the rating or the factors used in rating the wetland, the proposal is in compliance with the management guidelines set forth in the stormwater management manual, and there are no significant adverse impacts to wetland resources. b. New developments cannot use existing wetlands for surface water discharge unless the wetlands are protected by upstream treatment facilities that demonstrate runoff, erosion, water quality, and sedimentation control. c. New surface water discharges to wetlands from detention facilities, presettlement ponds, or other surface water management structures may be allowed; if the discharge does not increase the rate of flow nor decrease the water quality of the wetland. d. Wetlands shall not be used for stormwater management purposes only for individual properties. Wetlands used for retention/detention facilities must serve as neighborhood or regional facilities. e. Use of wetland buffers for stormwater management facilities such as retention/detention facilities or energy dissipaters may be allowed only if the applicant demonstrates: i. No practicable alternative exists; and ii. Facilities are limited to dispersion outfalls and bioswales located, to the extent practicable, in the outer 25 percent of wetland buffers; and iii. The functions of the buffer or wetland are not adversely impacted. A wetland or its buffer may be physically or hydrologically altered to meet the requirements of an LID, Runoff Treatment or Flow Control BMP only if all of the following criteria are met: a. The wetland is classified as a Category IV, or a Category III wetland with a habitat score of 3-5 points, and c. The wetland does not contain a breeding population of any native amphibian species, and \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 62/76 Chapter 19.05 CRITICAL AREAS d. The hydrologic functions of the wetland can be improved as outlined in questions 3, 4, 5 of Chart 4 and (available here: http://www.ecy.wa.gov/biblio/0906032.html); or the wetland is part of a priority restoration Commented \[A31\]: This appears to be a broken link? Please double check. plan that achieves restoration goals identified in the Shoreline Master Program or other local or regional watershed plan, and e. The wetland lies in the natural routing of the runoff, and the discharge follows the natural routing, and f. All regulations regarding stormwater and wetland management are followed, including but not limited to local and state wetland and stormwater codes, manuals, and permits, and g. Modifications that alter the structure of a wetland or its soils shall be appropriately permitted. Existing functions and values that are lost shall be compensated/replaced. Stormwater LID BMPs required as part of New and Redevelopment projects can be considered within wetlands and their buffers. However, these areas may contain features that render LID BMPs infeasible. A site-specific characterization is required to determine if an LID BMP is feasible at the project site; Formatted: Indent: Left: 0.28" E. Trails and Trail-Related Facilities. Construction of public and publicly accessible private trails and trail-related facilities (e.g., benches and viewing platforms) may be allowed in wetlands or wetland buffers provided such facilities shall meet all of the following criteria: 1. Trails and related facilities shall, to the extent practicable, be placed on existing road grades, utility corridors, or any other previously disturbed areas. 2. Trails and related facilities shall be planned to minimize removal of trees, soil disturbance and existing hydrological characteristics, shrubs, snags and important wildlife habitat. 3. Viewing platforms, interpretive centers, benches and access to them shall be designed and located to minimize disturbance of wildlife habitat and/or critical characteristics of the affected wetland. Platforms shall be limited to 100 square feet in size, unless demonstrated through a wetland mitigation plan that a larger structure will not result in a net loss of wetland functions. 4. Trails and related facilities shall generally be located outside required buffers. Where trails are permitted within buffers they shall be located in the outer 25 percent of the buffer except where wetland crossings or direct access to viewing areas have been approved by the department. 5. Trails shall generally be limited to pedestrian use unless other more intensive uses, such as bike or horse trails, have been specifically allowed and mitigation has been provided. Trail width shall not exceed five feet unless there is a demonstrated need, subject to review and approval by the department. Trails shall be constructed with pervious materials except where determined impracticable. \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 63/76 Chapter 19.05 CRITICAL AREAS F. Utilities. Unless otherwise exempt per PTMC 19.05.040(B), placement of utilities under a wetland or within a wetland buffer may be allowed when no reasonable alternative location is available; provided, that: 1. Entrance/exit portals are located outside of the wetland buffer boundary to the extent practicable; 2. Drilling does not interrupt the ground water connection to the wetland or percolation of surface water down through the soil column. Specific studies by a hydrologist are necessary to determine whether the ground water connection to the wetland or percolation of surface water down through the soil column is disturbed; 3. New utility corridors shall be revegetated with appropriate native vegetation at not less than preconstruction densities or greater immediately upon completion of construction, or as soon thereafter as possible if due to seasonal growing constraints. The utility shall ensure that such vegetation survives; and 4. The utility shall agree to conduct corridor maintenance in a manner that protects the regulated wetland and buffer environment. Measures may include but are not limited to: a. Spray painting or sandblasting of utility equipment may only be allowed if appropriate containment measures are used. Lead-based paints shall not be used. b. No pesticides, herbicides or fertilizers may be used in wetland areas or their buffers except those approved by the U.S. Environmental Protection Agency (EPA) and Washington Department of Ecology. Where approved, federal, state, and local regulations of pesticides and water quality must be followed, including requirements for pesticide applicator licensing from the Washington State Department of Agriculture. G. Buffers and Setbacks. 1. Wetland buffers shall be measured perpendicularly from the wetland boundary as delineated in the field (see the approved federal wetland delineation manual and applicable regional supplements). 2. Buffers shall be required to protect important wildlife habitat and wetland features, values and functions from the adverse impacts of adjacent land uses. a. The width of the buffer zone shall be based upon wetland category, intensity of impacts, and wetland functions or special characteristics, as set forth belowin Table (A): Table 19.05.110(A). Buffer Widths Wetland Characteristics Buffer Widths by Impact of Land Use (Note: If multiple characteristics are Other Measures Recommended for (Note: The most protective buffer width present, the most protective buffer width Protection applies) applies) Category I Wetlands Wetlands of High Conservation Value Low 125 feet No additional discharges of surface water; no Moderate 190 feet septic systems within 300 feet; restore High 250 feet degraded parts of buffer. \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 64/76 Chapter 19.05 CRITICAL AREAS Table 19.05.110(A). Buffer Widths Wetland Characteristics Buffer Widths by Impact of Land Use (Note: If multiple characteristics are Other Measures Recommended for (Note: The most protective buffer width present, the most protective buffer width Protection applies) applies) Bogs Low 125 feet No additional surface discharges; restore Moderate 190 feet degraded parts of buffer. High 250 feet Forested Buffer size to be based on score for habitat If forested wetland scores high for habitat, functions or water quality functions.need to maintain connectivity to other natural areas; restore degraded parts of buffer. Estuarine Low 100 feet Reserved. Moderate 150 feet High 200 feet Wetlands in Coastal Lagoons Low 100 feet Reserved. Moderate 150 feet High 200 feet High Level of Function for Habitat (Score for Low 150 feet Maintain connectivity to other natural areas; Habitat 8 9 Points)Moderate 225 feet restore degraded parts of buffer. High 300 feet Interdunal Wetland with High Level of Low 150 feet Maintain connectivity to other natural areas; Function for Habitat (Score for Habitat 8 9 Moderate 225 feet restore degraded parts of buffer. Points) High 300 feet Moderate Level of Function for Habitat (Score Low 75 feet Reserved. for Habitat 56 7 Points) Moderate 110 feet High 150 feet High Level of Function for Water Quality Low 50 feet Reserved. Improvement (8 9 Points) and Low for Moderate 75 feet Habitat (Less Than 5 6 Points) High 100 feet Not Meeting the above Characteristics Low 50 feet Reserved. Moderate 75 feet High 100 feet Category II Wetlands High Level of Function for Habitat (Score for Low 150 feet Maintain connectivity to other natural areas. Habitat 8 9 Points)Moderate 225 feet High 300 feet Moderate Level of Function for Habitat (Score Low 75 feet Reserved. for Habitat 65 7 Points) Moderate 110 feet High 150 feet High Level of Function for Water Quality Low 50 feet No additional discharges of untreated runoff. Improvement and Low for Habitat (Score for Moderate 75 feet Water Quality 8 9 Points; Habitat Less Than High 100 feet 5 6 Points) Estuarine Low 75 feet Reserved. Moderate 110 feet High 150 feet \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 65/76 Chapter 19.05 CRITICAL AREAS Table 19.05.110(A). Buffer Widths Wetland Characteristics Buffer Widths by Impact of Land Use (Note: If multiple characteristics are Other Measures Recommended for (Note: The most protective buffer width present, the most protective buffer width Protection applies) applies) 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 Characteristics Low 50 feet Reserved. Moderate 75 feet High 100 feet Category III Wetlands Moderate Level of Function for Habitat (Score Low 75 feet Reserved. for Habitat 65 7 Points) Moderate 110 feet Commented \[A32\]: Your wetland buffer table appears to High 150 feet align with our guidance. However, it is possible for CAT III Score for Habitat 3 54 Points Low 40 feet Reserved. wetlands to score high for habitat. You might consider using Moderate 60 feet language from Appendix 8-C (0506008part3.pdf page 7) High 80 feet from our Wetlands in WA State Vol-Protecting and Category IV Wetlands Managing Wetlands: *If wetland scores 8-9 habitat points, use Category II Score for All 3 Basic Functions Less Than 16 Low 25 feet Reserved. PointsModerate 40 feet High 50 feet See also subsections (G)(4), (5) and (6) of this section for provisions relating to increased and decreased buffer widths and buffer width averaging. b. Land use intensity (i.e., low, moderate, high) shall be determined using the table (B) set forth below: Table 19.05.110(B).Land Use Impacts and Intensity Levels Level of Impact from Proposed Land Use Types Proposed Land Use Ijhi! Commercial, including retail sales ! \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 66/76 Chapter 19.05 CRITICAL AREAS Table 19.05.110(B).Land Use Impacts and Intensity Levels Level of Impact from Proposed Land Use Types Proposed Land Use !! Industrial ! !! 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) ! Npefsbuf! 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 ! !! Utility corridor or right-of-way shared by several utilities and including access/maintenance road ! \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 67/76 Chapter 19.05 CRITICAL AREAS Table 19.05.110(B).Land Use Impacts and Intensity Levels Level of Impact from Proposed Land Use Types Proposed Land Use Mpx! Forestry ! !! 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 management ! 3. Any wetland created, restored or enhanced as compensation for approved wetland alterations shall also include the standard buffer required for the wetland category. 4. Increased Buffer Zone Widths. The director may increase standard buffer zone widths on a case-by-case basis when the director determines: a. A larger buffer is necessary to maintain viable populations of existing species; or b. The wetland is used by species proposed or listed by the federal government or the state as endangered, threatened and priority species, or having outstanding potential habitat for those species, or having unusual nesting or resting sites such as heron rookeries or raptor nesting trees; or c. The adjacent land is susceptible to severe erosion and erosion control measures will not effectively prevent adverse impacts; or d. The adjacent land has minimal vegetative cover or slopes greater than 15 percent. \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 68/76 Chapter 19.05 CRITICAL AREAS 5. Reduced Buffer Widths. The director Director may reduce the standard buffer width on a case-by-case basis to a width that is the greater of: 75% the standard buffer width; or no fewer than 25 feet when the director determines that: Commented \[A33\]: buffer reductions and instead suggests using buffer a. No direct, indirect, short-term, or long-term adverse impacts to regulated wetlands will result from the averaging only to provide flexibility to applicants while still proposed development activity; or and protecting wetland functions. Nor does it support the trade off of improving degraded wetland buffers for smaller b. The site is extensively vegetated and has less than 15 percent slopes; or and buffers as our recommended buffer widths already assume a well vegetated buffer. You might consider using only c. The project contains provisions to enhance any degraded buffers using native vegetation which will buffer width averaging. If you do keep both reduction options it would be a good 6. Buffer Width Averaging. Standard buffer zones may be modified by averaging buffer widths. Width idea to make it clear that these methods cannot be averaging shall be allowed only where the applicant demonstrates all of the following: combined as this could create an even higher-risk approach to wetland protection and cause loss of wetland functions. a. That width averaging will not adversely impact the functions and values; and b. That the total area contained within the buffer after averaging is no less than that contained within the standard buffer prior to averaging; c. In no instance shall the buffer width be reduced by more than 250 percent of the standard buffer or be Commented \[A34\]: This language appears to address less than 25 feet. what we would call a functionally disconnected buffer. We do have guidance and language on this for wetlands that we 7. Buffer Waivers. Application of the buffers set forth in this section may be waived by the director in instances highly recommend you consider. Waiving the entire buffer where either of the following findings are made: would not be ideal and the buffer should extend at least to the obstruction to provide some kind of protection to the a. The parcel to be developed lies landward of an existing and substantial structural development on an wetland. 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 From our wetland CAO guidance page A-11: Functionally Disconnected Buffer Area. Buffers may b. The parcel to be developed lies landward of an existing legally established roadway or other legally exclude areas that are functionally and effectively established structure or paved area 16 feet or more in width which separates the parcel from the wetland disconnected from the wetland by an existing public or and has effectively eliminated the function and value to be derived from the required buffer width. private road or legally established development, as determined by the \[Administrator\]. Functionally and c. Voluntary Enhancement Incentive - The wetland has been intentionally enhanced in accordance with a effectively disconnected means that the road or other restoration plan or similar program approved by the City or State where such enhancement is not part of a significant development blocks the protective measures required mitigation plan. In such cases, the wetland shall retain the prescriptive buffer requirements provided by a buffer. determined prior to the enhancement activity, based on the functions and values at that time. Additional Significant developments shall include built public future restrictions will not be placed on wetlands associated with their increased functions and values infrastructure such as roads and railroads, and private developments such as homes or commercial structures. The caused by voluntary enhancement. The applicant shall be required to record an easement,covenant or \[Administrator\] shall evaluate whether the interruption will deed restriction to ensure preservation of the enhancement of the preservation area in perpetuity, in a form affect the entirety of the buffer. Individual structures may acceptable to the city attorney. not fully interrupt buffer function. In such cases, the allowable buffer exclusion should be limited in scope to just 8. Except as otherwise specified, buffer zones shall be retained in their natural condition. Where buffer the portion of the buffer that is affected. Where questions disturbance has occurred during construction or in violation of this chapter, revegetation with native vegetation exist regarding whether a development functionally will be required unless the director approves a substitute vegetation with the same or better mitigation disconnects the buffer, or the extent of that characteristics. impact, the \[Administrator\] may require a critical area \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 69/76 Chapter 19.05 CRITICAL AREAS 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. H. Compensatory Mitigation Requirements. 1. Unless otherwise provided in this section (19.05.110), compensatory mitigation for alterations to wetlands may be used only for impacts that cannot be avoided or minimized and shall achieve equivalent or greater functions. Compensatory mitigation plans shall be: a. Consistent with the Draft Guidance on Wetlands Mitigation in Washington State, Part 2: Developing Mitigation Plans, 2006 (Washington State Department of Ecology, U.S. Army Corps of Engineers Seattle District, and U.S. Environmental Protection Agency; Ecology Publication No. 06-06-011b, or as revised). b. Consistent with mitigation ratios in subsection (H)(7) of this section. 2. Mitigation shall be required, and the applicant shall demonstrate such actions, 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 implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts; c. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment; d. Reducing or eliminating the impact over time by preservation and maintenance operations!during the life of the action; or e. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments.! and/or f. Monitoring the impact and taking appropriate corrective measures. Commented \[A35\]: We highly suggest the use of the mitigation sequence as defined and outlined by SEPA as stated in previous comments. 3. Compensation for Lost or Affected Functions. Compensation shall address the functions affected by the proposed project, with an intention to achieve functional equivalency or improvement of functions. The goal sequence as an applicant should be following the sequence shall be for the compensatory mitigation to provide similar wetland functions as those lost, except when: in order. And/or seems to imply that they could do actions a-e or simply f which would could lead to net loss of a. The lost wetland provides minimal functions as determined by site-specific function assessment, and the wetland functions if not mitigated properly. proposed compensatory mitigation action(s) will provide equal or greater functions or will provide functions shown to be limiting within a watershed through a formal Washington State watershed assessment plan or protocol; or b. Out-of-kind replacement of wetland type or functions, where permitted, will best meet watershed goals formally identified by the city, such as replacement of historically diminished wetland types. 4. Preference of Compensatory Mitigation Actions. Mitigation actions that require compensation shall be required in the following order of preference: \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 70/76 Chapter 19.05 CRITICAL AREAS a. Restoration (re-establishment and rehabilitation) of wetlands; Commented \[A36\]: This would be a good place to outline the difference between re-establishment and rehabilitation b. Creation (establishment) of wetlands on disturbed upland sites such as those with vegetative cover and how it is different from enhancement. This was consisting primarily of nonnative introduced species; this should only be attempted when there is an previously recommended in your general section and for adequate source of water and it can be shown that thesurface and subsurface hydrologic regime is consistency we recommend the same here. Our list of conducive for the wetland community that is anticipated in the design; and methods of compensatory mitigation can be found starting on Page A-17 of our wetland CAO guidance. c. Enhancement of significantly degraded wetlands in combination with restoration or creation; such enhancement should be part of a mitigation package that includes replacing the impacted area and meeting appropriate ratio requirements. 5. Type and location of mitigation shall comply with PTMC 19.05.060(C) and (D). 6. Timing of Compensatory Mitigation. Compensation projects shall be completed prior to activities that will disturb the on-site wetlands. The director may allow compensatory mitigation to be completed immediately following disturbance and prior to use or occupancy of the action or development. Construction of mitigation projects shall be timed to reduce impacts to existing fisheries, wildlife and flora. The director may authorize a one-time temporary delay in completing construction or installation of the temporary compensatory mitigation when the applicant provides a written explanation from a qualified wetland consultant as to the rationale for the delay. An appropriate rationale would include identification of the environmental conditions that could produce a high probability of failure or significant construction difficulties (e.g., project delay lapses past a fisheries window; or plant installation should be delayed until the dormant season to ensure greater survivability of installed materials). The delay shall not create or perpetuate hazardous conditions or environmental damage or degradation, and the delay shall not be injurious to the health, safety, and general welfare of the public. The request for temporary delay must include a written justification that documents the environmental constraints that preclude implementation of the mitigation plan. The justification must be verified and approved by the city. 7. Wetland Mitigation Ratios. In approving alteration or creation of a wetland or wetland buffer, the director shall require that an area larger than the altered portion of the wetland or wetland buffer be provided as compensation for loss of the functions of the altered wetland and to assure that such functional values are replaced. The following ratios (Table 19.05.110(B)) are the presumptive requirement for compensatory mitigation. The applicant may propose different ratios and must support the proposed ratios with a wetland mitigation plan that demonstrates how the proposal achieves functional equivalency or improved wetland functions. In no case shall the buffer mitigation ratio be less than 1:1. Mitigation requirements may be determined using the credi -06-011, February 2011, or as revised). Table 19.05.110(B). Mitigation Ratios 1:1 Re-establishment or Category and Type of Re-establishment or Rehabilitation** Creation (R/C) and Enhancement Only Wetland Creation Enhancement (E) All Category IV 1.5:1 3:1 1:1 R/C and 2:1 E 6:1 \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 71/76 Chapter 19.05 CRITICAL AREAS All Category III 2:1 4:1 1:1 R/C and 4:1 E 8:1 Category II Estuarine Case-by-case 4:1 Rehabilitation of an Case-by-case Case-by-case estuarine wetland Category II Interdunal 2:1 Compensation must be 4:1 Compensation must be Not considered an Not considered an interdunal wetland interdunal wetland option***option*** All Other Category II 3:1 6:1 1:1 R/C and 8:1 E 12:1 Category I Forested 6:1 12:11:1 R/C and 20:1 E 24:1 Category I Based on Score 4:1 8:1 1:1 R/C and 12:1 E 16:1 for Functions Category I Natural Not considered possible* 6:1 Rehabilitation of a Not considered possible* Case-by-case Heritage Site Natural Heritage site Category I Coastal Not considered possible* 6:1 Rehabilitation of a Not considered possible* Case-by-case Lagoon coastal lagoon Category I Bog Not considered possible* 6:1 Rehabilitation of a bogNot considered possible* Case-by-case Commented \[A37\]: Are there any cases of rehabilitation of a bog being done successfully in Port Townsend? Are Category I Estuarine Case-by-case 6:1 Rehabilitation of an Case-by-case Case-by-case there any bogs within the city? estuarine wetland * Natural Heritage sites, coastal lagoons, and bogs are considered irreplaceable wetlands, and therefore no amount of compensation would replace these ecosystems. Avoidance is the best option. In the rare cases when impacts cannot be avoided, replacement ratios will be assigned on a case-by-case basis. However, these ratios will be significantly higher than the other ratios for Category I wetlands. ** Rehabilitation ratios are based on the assumption that actions judged to be most effective for that site are being implemented. *** Due to the dynamic nature of interdunal systems, enhancement is not considered an ecologically appropriate action. 8. Preservation. Impacts to wetlands and wetland buffers may be mitigated by preservation of wetland areas when used in combination with other forms of mitigation such as creation, restoration, or enhancement at the preservation site or at a separate location. Preservation may also be used by itself, but more restrictions apply as outlined below. a. Preservation in Combination with Other Forms of Compensation. Using preservation as a compensation is acceptable when done in combination with restoration; provided, that a minimum of 1:1 acreage replacement is provided by restoration or creation and the criteria below are met: Commented \[A38\]: In our most recent wetland CAO guidance we have modified the tables to include i. The impact area is small, and/or impacts are to a Category III or IV wetland; preservation (which should have the same ratios as enhancement). Since you also use the R/C and E option it ii. Preservation of a high quality system occurs in the following order of preference as the wetland could get crowded so keeping preservation as a section impact: first, the same city drainage basin; second, within the city limits; and third, within the same below is fine but it is something to keep in mind. water resource inventory area (WRIA); iii. Preservation sites include buffer areas adequate to protect the habitat and its functions from encroachment and degradation; and iv. Mitigation ratios for preservation in combination with other forms of mitigation shall range from 10:1 to 20:1, as determined on a case-by-case basis, depending upon the quality of the wetlands being mitigated and the quality of the wetlands being preserved. \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 72/76 Chapter 19.05 CRITICAL AREAS b. Preservation as the Sole Means of Compensation for Wetland Impacts. Preservation of at-risk, high quality habitat may be considered as the sole means of compensation for wetland impacts when all of the following criteria are met: i. Preservation is used as a form of compensation only after the standard sequencing of mitigation (i.e., avoid, minimize, and then compensate) has been applied; ii. Creation, restoration, and enhancement opportunities have also been considered, and preservation is the best mitigation option; iii. The impact area is small and/or impacts are to a Category III or IV wetland; iv. Preservation of a high quality system occurs in the following order of preference: first, the same city drainage basin; second, within the city limits; and third, within the same water resource inventory area (WRIA); v. Preservation sites include buffer areas adequate to protect the habitat and its functions from encroachment and degradation; vi. The preservation site is determined to be under imminent threat, specifically, sites with the potential to experience a high rate of undesirable ecological change due to on- includes permitted, planned, or likely actions that are not adequately protected under existing regulations (e.g., logging of forested wetlands)); vii. The area proposed for preservation is of high quality and critical for the health of the watershed or basin. Some of the following features may be indicative of high quality sites: (A) Category I or II wetland rating; (B) rare wetland type (e.g., bogs, mature forested wetlands, estuaries); (C) habitat for threatened or endangered species; (D) wetland type that is rare in the area; (E) provides biological and/or hydrological connectivity; (F) high regional or watershed importance (e.g., listed as priority site in watershed plan); (G) large size with high species diversity (plants and/or animals) and/or high abundance; and viii. Mitigation ratios for preservation as the sole means of mitigation shall generally start at 20:1. Specific ratios should depend upon the significance of the preservation project and the quality of the wetland resources lost. 9. Wetland Mitigation Banks. a. Credits from a wetland mitigation bank may be approved for use as compensation for unavoidable impacts to wetlands when: i. The bank is certified under Chapter 173-700 WAC; ii. The director determines that the wetland mitigation bank provides appropriate compensation for the authorized impacts; and certification. \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 73/76 Chapter 19.05 CRITICAL AREAS b. Replacement ratios for projects using bank credits shall be consistent with replacement ratios specified c. Credits from a certified wetland mitigation bank may be used to compensate for impacts located within portions of more than one adjacent drainage basin for specific wetland functions, and such areas may encompass a portion or all of more than one political jurisdiction. I. Wetland Mitigation/Compensation Plan Requirements. When wetland alteration is permitted by this chapter, a mitigation plan shall be required to describe the methods the applicant will use to minimize impacts to wetland functions and values. A detailed mitigation plan shall be approved by the director prior to any development activity occurring on a lot upon which wetland or wetland buffer alteration, restoration, creation or enhancement is proposed. The mitigation plan shall be prepared by a qualified (wetlands) critical area consultant using accepted methodologies, shall include information as required by the director, and shall: 1. Include a baseline study that quantifies the existing functions and values of the wetland, the function and values that will be lost due to compensation, and the functions and values of the wetland to be created, restored Commented \[A39\]: Is this supposed to mean lost due to or enhanced; and impacts? 2. Specify how functions and values will be preserved or replaced; and how impacts will be avoided, minimized or compensated for; and 3. Establish goals and objectives for the mitigation plan; and 4. Specify within the mitigation plan written specifications for grading, sedimentation and erosion control, revegetation, hydraulic analysis, staging of construction areas, appropriate diagrams and drawings, and recommended construction practices; and 5. Specify quantified criteria for monitoring the mitigated area on a long-term basis to determine whether the goals and objectives of the project have been met; and 6. Include a contingency plan specifying what corrective actions will be taken should the mitigation not be successful; and 7. Include provisions for maintenance bonding or other security acceptable to the director to assure that work is completed in accordance with the mitigation plan and that restoration or rehabilitation is performed in accordance with the contingency plan if mitigation fails within five years of implementation. J. Performance Bonds and Demonstration of Competence. 1. A demonstration of financial resources, administrative, supervisory and technical competence and scientific expertise of sufficient standing to successfully execute the compensation project shall be provided by the applicant. 2. A compensation project manager shall be named and the qualifications of each team member involved in preparing the mitigation plan and implementing and supervising the project shall be provided, including educational background and areas of expertise, training and experience with comparable projects. \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 74/76 Chapter 19.05 CRITICAL AREAS 3. Bonds or other security acceptable to the director ensuring fulfillment of the compensation project, monitoring program, and any contingency measure shall be posted in the amount of 120 percent of the expected cost of compensation. K. Special Reports. The following special reports shall be provided either separately or as one comprehensive report. Contents and methods may be more fully detailed in the procedures manual that may be adopted administratively: 1. The Wetlands Delineation Report and Certified Boundary Survey. The purpose of the report is to convey to the reviewer a factual picture of the extent and location of wetlands at a given site. The report is to include filed data sheets, an accurate map of the site that includes the wetland boundaries and location of all data collection data. 2. Wetlands Special Report. An assessment of anticipated impacts (direct, indirect, and cumulative) and functions and values. 3. Assessment of the Compensatory Mitigation Site. This report is required when compensatory mitigation and restoration plans call for the alteration of existing wetland habitat. The report includes an assessment of the suitability of the site for compensatory mitigation or restoration, an evaluation of, and anticipated impacts to, existing wetland functions and values, proposed alterations and their anticipated effects upon functions and values, and a description of how the proposed compensatory mitigation or restoration plan conforms with the 3062 § 15, 2011; Ord. 2929 Exh. A § 3, 2006; Ord. 2899 § 1, 2005; Ord. 2319 § 1, 1992). 19.05.120 Violations and penalties. that a condition exists in violation of this chapter or any standard required to be adhered to by this chapter, or in violation of any permit issued hereunder, he or she is authorized to enforce the provisions of this chapter. 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. 3198 § 3 (Exh. A), 2018; 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 director. 2. The amount and the conditions of the bond or other security shall be consistent with the requirements of this chapter. \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 75/76 Chapter 19.05 CRITICAL AREAS 3. In the event of breach of any condition of any such bond or other security, the director may institute an action in a court of competent jurisdiction upon such bond or other security device and prosecute the same to judgment and execution. The director shall release the bond or other security upon determining that: a. All activities, including any required compensatory mitigation, have been completed in compliance with the terms and conditions of the permit and the requirements of this chapter; b. A maintenance bond or other security acceptable to the director has been posted by the applicant, where deemed appropriate by the director; c. Until such written release of a bond, the principal or surety cannot be terminated or 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 director 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 director for a minimum of five years after the project has been completed. 2. The director shall release the maintenance bond or other security upon determining that performance standards established for evaluating the effectiveness and success of the structures, improvements and/or compensatory mitigation have been satisfactorily met for the required period. 3. For compensation projects, the performance standards shall be those contained in the mitigation plan developed and approved during the review process. 4. The maintenance bond or other security device applicable to a compensation project shall not be released until the director determines that performance standards established for evaluating the effect and success of the project have been met. (Ord. 3198 § 3 (Exh. A), 2018; Ord. 2899 § 1, 2005; Ord. 2319 § 1, 1992). 19.05.140 Other laws and regulations. applicable provisions of any other federal, state, or local law or regulation. (Ord. 3198 § 3 (Exh. A), 2018; Ord. 2899 § 1, 2005; Ord. 2319 § 1, 1992). 19.05.150 Suspension Revocation. In addition to enforcement procedures and penalties provided for in Chapter 1.20 PTMC, the director may suspend or revoke a permit if (s)he finds that the applicant or permittee has not complied with any or all of the conditions or limitations set forth in accordance with this chapter, has exceeded the scope of work set forth in the permit, or has failed to undertake the project in the manner set forth in the approved application. (Ord. 3198 § 3 (Exh. A), 2018; Ord. 2952 § 1, 2008; Ord. 2899 § 1, 2005; Ord. 2512 § 3, 1996; Ord. 2319 § 1, 1992). 19.05.160 Amendments. A. These regulations shall be periodically amended in accordance with the procedures and requirements in the general statutes and as new information concerning critical areas becomes available. \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). Port Townsend Municipal Code Page 76/76 Chapter 19.05 CRITICAL AREAS B. The city inventory maps may be periodically updated by the city to reflect updates by federal and state agencies, results of special studies and reports reviewed and approved by the city, and department-identified errors and corrections. (Ordinance No. 2929 *** or as approved by Ecology) by reference. Therefore, amendments to this chapter that are intended to alter development regulations applicable to shoreline jurisdiction must be processed as an amendment to the city of Port Townsend shoreline master program and shall be subject to approval by the Department of Ecology. (Ord. 3198 § 3 (Exh. A), 2018; Ord. 2945 § 7.1, 2007; Ord. 2899 § 1, 2005; Ord. 2319 § 1, 1992). 19.05.170 Severability. In the event any one or more of the provisions of this chapter shall for any reason be held to be invalid, such invalidity shall not affect or invalidate any other provision of this chapter, but this chapter shall be construed and enforced as if such invalid provision had not been contained therein; provided, that any provision which shall for any reason be held by reason of its extent to be invalid shall be deemed to be in effect to the extent permitted by law. (Ord. 3198 § 3 (Exh. A), 2018; Ord. 2899 § 1,2005; Ord. 2319 § 1, 1992). 19.05.180 Assessment relief. of land. B. Any undeveloped critical area property which has recorded upon it an easement or which is the subject of a perpetual conservation restriction with the city or a nonprofit organization to permanently control some or all regulated activities in that portion of land assessed consistent with those restrictions shall also be considered for exemption from special assessments to defray the cost of municipal improvements such as sanitary sewers, storm sewers, and water mains. (Ord. 3198 § 3 (Exh. A), 2018; Ord. 2899 § 1, 2005; Ord. 2319 § 1, 1992). 19.05.190 Limitation of actions. Any final decision under this chapter shall be final and conclusive unless timely appealed by following the appeal procedures of Chapter 20.01 PTMC. (Ord. 3198 § 3 (Exh. A), 2018; Ord. 2999 § 1 Exh. A, 2009; Ord. 2899 § 1, 2005; Ord. 2319 § 1, 1992). \\\\citynas1\\Group\\DSD\\Comprehensive Plan\\2025 Mandated Periodic Review\\Critical Areas\\2025 CAO Public Comment\\ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/ECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525 - Copy.docxhttps://stateofwa- my.sharepoint.com/personal/eatk461_ecy_wa_gov/Documents/Documents/CAO Updates/Jefferson/Port Townsend/DraftECYComments_PTMC19.05CriticalAreas_ECYfeedback 062221 LILO Clean 011525.docx\\\\citynas1\\Group\\DSD\\UserFiles\\jsurber\\SMP Periodic Review 2021\\Working Draft Ecology April 2021 base\\DT4.2_PTMC19.05CriticalAreas_ECYfeedback 060721.docx The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20, 2020. PTMC 19.05 Critical Areas was last amended in May 2018 (Ordinance #3198). ¸ ¸ ¸ ¸ State of Washington DEPARTMENT OF FISH AND WILDLIFE Coastal Region • Region6 • 48 Devonshire Road, Montesano, WA 98563-9618 Telephone: (360) 249-4628 • Fax: (360) 249-1229 February 13, 2025 City of Port Townsend ATTN: Judy Surber, Planning Manager 250 Madison Street Port Townsend, WA 98368 Subject: WDFW Comments on the City ofPort Townsend Critical Areas Ordinance 2025 Update Dear Ms. Surber, On behalf of the Washington Department of Fish and Wildlife (WDFW), we offer our comments on the 2025draft critical areas ordinance update for the City of Port Townsend aspart of the current periodic updateunder the Growth Management Act(GMA). WDFW is dedicated to preserving, protecting, and perpetuating the state’s fish, wildlife, and ecosystems while providing sustainable fish and wildlife recreational and commercial opportunities. In recognition of our responsibilities, we submit the following comments for the City ofPort Townsend’s 2025draftmunicipal code updates; acknowledging other comments may be offered in the future.We strive to maintain contact throughout this update process and look forward to engagement opportunities in the future. Critical Areas Ordinance (CAO)Amendments: Table 1.Recommended changes to proposed CAO language from WDFW. Policy language suggestions and their legal implications should be vetted by the jurisdiction receiving them. Policy NumberPolicy LanguageWDFW comment (with WDFW suggestions in red) Chapter 19.05.010Purpose 19.05.010 B. Using the ARC approach tomitigateWDFW recommendsupdating this statement to Achieve no net loss ofcritical areaimpactsstate that no net loss of critical areas functions Purposefunctions and values by following the and values should be metper WAC 365-196-830 mitigation sequence: – avoid, reduce, and (4)and to match the mitigation definition in compensate: section 19.05.020. Chapter 19.05.020 Definitions Page 2 New Definition“Ecosystem Functions” are the products, WDFW recommends including a definition for physical and biological conditions, and ecosystem functions to establish a clear environmental qualities of an ecosystem understanding of these functions and their value that result from interactions among to the natural and built environment. This ecosystem processes and ecosystem definition is provided as part of the Growth structures. Ecosystem functions include, Management Act, WAC 365-196-210, and could but are not limited to, sequestered carbon, be used throughout the City’s CAO to provide an attenuated peak streamflow, aquifer water overarchingunderstanding of the broad range of level, reduced pollutant concentrations in benefits ecosystems provide. surface and ground waters, cool summer in-stream water temperatures, and fish and wildlife habitats (WAC 365-196-210). New Definition“Hazard Tree” is defined as a threat to life, WDFW recommends adding a hazard tree property, or public safety. Require that the definition. WDFW’s Riparian Ecosystems, method of hazard tree removal not Volume 2: Management Recommendations adversely affect riparian ecosystem recommends that jurisdictions should define a functions to the extent practicable, “hazard tree” (sometimes referred to as a encourage the creation of snags (Priority “danger tree”) as a threat to life, property or Habitat features) rather than complete public safety, and require that the method of tree removal, involve an avoidance and tree removal not adversely affect riparian minimization of damage to remaining trees ecosystem functions if possible. Specifically, we and vegetation within riparian recommend that any removal of hazard trees management zone (RMZ) and require a involve an avoidance and minimization of qualified arborist to evaluate requests for damage to remaining trees and vegetation hazard tree removal. within the riparian management zone. We further recommend that local governments require a qualified arborist to evaluate requests for hazard tree removal. The qualified arborist should be able to establish when a tree presents an imminent threat to life, property or public safety. It is important to note that snags (dead trees) are a Priority Habitat feature for wildlife and so should be preserved if not hazardous. This suggested definition is based on the Riparian Management Zone Checklist for Critical Areas Ordinances. This definition can then be used in section 19.05.040 C. 12 to have a clear understanding on what trees could be removed in the allowed permitted activity. New Definition“No Net Loss” refers to the actions taken No net loss is the overarching goal of the to achieve and ensure no overall reduction protection of critical areas as outlined in WAC Page 3 in existing ecosystem functions and values 365-196-830 (4). Development regulations may or the natural systems constituting the not allow a net loss of the functions and values protected critical areas including the of the ecosystem that includes the impacted or impacted or lost critical areas pursuant to lost critical areas.For these reasons, WDFW the Growth Management Act, WAC 365-suggests that the City add this definition to the 196-830 ‘Protection of critical areas,’ or as critical area ordinance. amended. WDFW also suggests that the City of Port Townsendestablish a monitoring plan and adaptive management program to ensure that no net loss is being met. Using the City’s CAO, information can be gathered to evaluate the effectiveness of the CAO, evaluate the potential for exemptions and variances to cumulatively affect habitat conservation areas, and improve permit implementation. Monitoring and adaptive management is encouraged in WAC 365-195-905 (6) to improve implementation of the regulations outlined in local CAOs. See Commerce’s Monitoring and Adaptive Management Critical Areas Handbook, Chapter 7: Monitoring and Adaptive Management of Critical Areas (2022). New Definition“Riparian management zone” (RMZ) means The best available science (BAS) emphasizes the the area that has the potential to provide importance of protecting all streams and their full riparian functions. In forested regions adjacent riparian areas to support full riparian of the state, this area occurs within one ecosystem values and function. Both fish bearing 200-year site-potential tree height and non-fish bearing streams contribute to measured from the edge of the stream aquatic and riparian functions. Non-fish bearing channel. In situations where a CMZ is streams support fish bearing streams by present, this occurs within one site providing organic matter, energy, cool water potential tree height measured from the sources for downstream reaches, and movement edges of the CMZ. corridors for both aquatic and terrestrial wildlife. Please see WDFW’s Riparian Ecosystems, Volume 1: Science Synthesis and Management Implications, and Riparian Ecosystems, Volume 2: Management Recommendations for our BAS and how all streams could be sufficiently protected. New Definition“Watershed Plan” A plan developed by WDFW supports the Cityworking with partners federal, tribal, state, and/or local basin-wide to plan for the watershed’s health. Page 4 government agencies and/or appropriate Since watershed planning is mentioned in this non-governmental organizations, in CAO, we suggest that the City include a consultation with relevant stakeholders, definition to this section of the code. We also for the specific goal of aquatic resource recommend that the City include a reference to restoration, establishment, enhancement, its local watershed plan and a statement and preservation. A watershed plan expressing support for the WRIA 17Quilcene- addresses aquatic resource conditions in Snow Watershed plan and/or the Hood Canal the watershed, multiple stakeholder Integrated Watershed Plan. interests, and land uses. Watershed plans may also identify priority sites for aquatic For an additional resourcefor this work, please resource restoration and protection. see the Stream Habitat Restoration Guidelines Examples of watershed plans include (2021). special area management plans, advance identification programs, and wetland management plans. Chapter 19.05.040 Critical Area Permit Requirements C. Allowed 6. Landscaping. Routine landscape Given the habitat that trees provide, we suggest Activities.maintenance of existing landscaped areas, that the City establish a limit on tree topping and including selective pruning of trees and encourage vista pruning instead. Selective shrubs for safety and view protection, pruning allows for trees to continue to provide weeding, and planting, provided natural habitat for wildlife without compromised tree drainage patterns and topography are not integrity. Please see tree topping resources by altered.the City of Tacoma and WSU. See the Trees for Resilience toolkit for resources related to mapping, policy and planning, funding, and more in pursuit of this goal. To quantify tree ecosystem service benefits, see the USDA Forest Service website. C. Allowed 12. Removal of hazard trees dead or Please see our proposed definition of a hazard Activities.diseased trees and vegetation within 50 tree and our previous comments on resources feet of a permitted structure; provided, above. This provides clear guidance on which that the applicant receives permission trees would qualify for this removal process. from the Department of Fish and Wildlife for removal of vegetation used for nesting WDFW does support the retention of non- and/or roosting by a priority species. hazard trees that create snags across the landscape. One specific example is incorporating snags into the landscape by keeping old and damaged trees when possible and turning them into trees for wildlife. See WDFW guidanceon protecting snags. F. Application 1. Where either the applicant indicates a WDFW requests that this additional language be Requirements critical area/critical areas buffer is present, added to this policy. This underscores the Page 5 and the area is mapped as a critical protection of no net loss of critical areas to align Delineations. area/critical areas buffer, or the director with WAC 365-196-830 (4) and to match the has a reasonable belief that a critical mitigation definition in section 19.05.020. area/critical areas buffer is located on the site, and impacts to critical area functions and values are unavoidable, the below- listed requirements apply to the application. F. Application 1. d. vii. Specific means proposed to WDFW recommends that the City include how Requirements mitigate any potential adverse the mitigation sequence is followed in the and environmental impact of the applicant’s application process. This outlines how applicants Delineations. proposal including a detailed description of are following this City’s mitigation definition and the mitigation sequence followed in the clearly tracking it as part of their project application. proposal. Chapter 19.05.060General Performance Standards for Development C. Off-Site 2. d. Public mitigation sites that have been WDFW recommends that Fish and Wildlife Mitigation ranked in a process that has been Habitat Conservation Areas (FWHCAs) be supported by ecological assessments, considered for public mitigation sites. As stated including wetland and aquatic areas as well in WAC 365-190-130 (1), Fish and wildlife habitat as Fish and Wildlife Habitat Conservation conservation areas contribute to the state's areas (FWHCAs) established as priorities biodiversity and occur on both publicly and for mitigation in city basin plans or other privately owned lands. Designating these areas is watershed plans; an important part of land use planning for appropriate development densities, urban growth area boundaries, open space corridors, and incentive-based land conservation and stewardship programs. C. Off-Site 2.d. Public mitigation sites that have been WDFW suggests describing how Port Townsend Mitigationranked in a process that has been aligns with the WRIA 17 Quilcene-Snow supported by ecological assessments, Watershed planand or the Hood Canal including wetland and aquatic areas Integrated Watershed Plan. Some other established as priorities for mitigation in partnerships to mention may be the Local city basin plans or other watershed plans; Integrating Organization and/or Lead Entity that Port Townsend engages in. Resources include Landscape Planning for Washington’s Wildlife: Managing for Biodiversity in Developing Areas, Land Use Planning for salmon, steelhead and trout: A land use planner’s guide to salmonid habitat protection and recovery, Salmon Status, and Salmonscape. Page 6 C. Off-Site2.e. Properties actively managed for Mitigating using only new properties managed Mitigationpreservation, open space or parks by a for preservation ensures that mitigation efforts public entity or nongovernmental agency are focusedon new conservation actions rather and approved by the departmentprovided than reusing previously protected lands. the preservation is new and additive to existing preserved sites. D. General 2. b. Design roads, walkways, and parking WDFW recommends including a statement Performance areas to parallel natural hillside contours about habitat connectivity into this policy to plan Standards while maintaining consolidated areas of for how wildlife corridors can be incorporated natural topography and vegetation and into the planning process. As the built habitat connectivity; locate access in the environment continues to grow, it is essential to least environmentally sensitive location plan ways that allow the built and natural practicable; environments to interact and provide benefits for humans and wildlife while preventing conflicts. Multiple use open spaces can serve a multitude of human activities while also providing areas for wildlife movement. For resources on wildlife corridors, please see WDFW’s Habitat connectivity website, the Washington Connectivity Action Plan, Washington Wildlife Habitat Connectivity Working Group, as well as Wildlife Habitat Connectivity Consideration in Fish Barrier Removal Projects. Chapter 19.05.080 Critical Area 2 –Fish and Wildlife Habitat Conservation Areas. B. Classification…Maps maintained by federal, state and WDFW suggests adding “qualified consultant” to local agencies are to be used as a guide clarify who is making the final critical area only. Final critical area designations are designation, as defined in 19.05.020. based on field conditions as determined by a qualified consultant. The following areas are defined as fish and wildlife habitat conservation areas and are identified under this chapter: B. Classification1. Areas with which state or federally WDFW requests that the referred to WAC 232- designated endangered, threatened, and 12-014 and 232-12-011 be removed since this sensitive species have a primary WAC has been archived and is out of date. association. Federally designated endangered and threatened species are those fish and wildlife species identified by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service that are Page 7 in danger of extinction or threatened to become endangered. State designated endangered, threatened, and sensitive species are periodically recorded in WAC 232-12-014 (state endangered species) and WAC 232-12-011 (state threatened and sensitive species). The State Department of Fish and Wildlife should be consulted for current listing status; B. Classification2. Lands and waters containing WDFW suggest that PHS list, maps, and documented habitats for plant and animal management recommendations be adopted and species listed in the Washington incorporated by reference in your CAO. Department of Fish and Wildlife’s Priority Habitats and Species Program List. Priority For resources on PHS, please see WDFW’s PHS habitats and species known to be website, PSH species lists, and maps. identified and mapped by the Department of Fish and Wildlife in Port Townsend include but may not be limited to: B. Classification4. Critical saltwater habitats, as designated WDFW requests that the referred to WAC 232- in WAC 173-26-221 …. Kelp and eelgrass 14-010 be removed since this WAC has been beds may be classified and identified by archived and is out of date. the Department of Natural Resources Aquatic Lands Program and the Department of Ecology. Herring, smelt, sand lance and forage fish beach spawning areas. Times and locations are outlined in WAC 232-14-010, and resource agency guidance. B. Classification7. Waters of the state include lakes, rivers, WDFW does not agree with the statement that ponds, streams, inland waters, there are no streams within the City of Port underground waters, salt waters, and all Townsend. The City’s CAO utilizes the State other surface waters and watercourses Interim Forest Practice Water Typing in WAC within the jurisdiction of the state of 222-16-031 to define stream types. WAC 222 is Washington, as classified in WAC 222-16-intended to be used for water typing under the 031(Interim Type 1 – 5) or and classified in forest practices rules. The maps developed for WAC 222-16-030 (Type S – Np), Forest these water types may be unreliable within Practices Rules and Regulations depending urban areas due to different land uses and how on classification used. No streams are other applicable local or state code identified in the City limits and thus, no requirements are defined or applied. express regulations addressing streams are provided herein. WDFW recommends using the SPTH GIS 200 mapping tool as an alternative to the DNR map. Page 8 The Site Potential Tree Height at age 200 (SPTH) tool follows the best available science 200 outlined in WDFW’s Volume 2: Management Recommendationsfor protecting the full functions and values of riparian management zones.The streams captured in the SPTHtool 200 are based on the National Hydrography Dataset that WDFW recommends jurisdictionsuse to ensure no streams or riparian management zones go undetected. D. Performance 1. a. Ensure the proposal does not degrade To align with Port Townsend’s mitigation Standards the quantitative and qualitative functions definition, WDFW advises that avoid be added as Applicable to All and values of the habitat. The director the first step to this process. Development. shall condition approvals within or adjacent to a habitat conservation area or its buffers as necessary to avoid, minimize and, where necessary, to mitigate potential adverse impacts. H. Additional Structures, developments, and uses, We encourage the City to follow the Department Performance including marinas, docks, piers, mooring of Ecology’s Shoreline Master Program Standards for areas, underwater parks, utilities, and guidelines and support the department’s Critical shoreline modifications, shall not intrude encouragement of soft shoreline stabilization Saltwater into or be built over critical saltwater techniques where possible. Habitats. habitat unless the applicant can show that all of the following criteria can be met: I. Buffers or 2. Buffers shall be based on Washington WDFW applauds this policy. To further improve Setbacks. Department of Fish and Wildlife priority this policy, WDFW recommends utilization of habitat and species management WDFW’s Site Potential Tree Height at 200 years recommendations. (SPTH) to designate RMZ widths (see WDFW’s 200 mapping tool). Our Riparian Ecosystems, a) The RMZ consists of a watercourse Volume 1: Science Synthesis and Management and the area adjacent to the Implicationscompiles and synthesizes scientific watercourse that has the potential literature on the key ecological functions of to provide full riparian ecosystem riparian areas. We provide additional WDFW functions for bank stability, shade, resources to jurisdictions for Riparian Standards pollution removal, contributions of and Mapping. detrital nutrients, recruitment of large woody debris, and wildlife This proposed addition in red outlines is one habitat. The width of the RMZ is example of how to include our specific riparian the height of the tallest 200-year-management recommendationinto this code. old site-potential tree (SPTH) or This example was taken from the Anacortes 200 100 feet, whichever is greater, Municipal Code 19.70.330 A. 1. Page 9 measured horizontally. The RMZ is measured from whichever of the following features is furthest from the center of the watercourse: (a) the ordinary high-water mark, (b) the top of bank, or (c) the outer edge of the channel migration zone (if one exists). In watercourses with braided channels or alluvial fans, the ordinary high-water mark will include the entire stream feature. The RMZ may exceed the 200- year-old site-potential tree height based on subsection (A)(3) of this section. Chapter 19.05.090 – Critical Area 3 – Frequently Flooded Areas and Critical Drainage Corridors A. Purpose 1. The purpose of frequently flooded area It is important to highlight the ecosystem regulations is to safeguard the public from services provided by natural resources. threats to life or property associated with Protecting and restoring natural assets is often flooding, and to preserve the natural more cost-effective than engineered solutions. function of floodplains to store and control Utility infrastructure should incorporate floodwaters, improve water quality and to ecosystem services provided by natural provide for aquifer recharge. Support the environmental processes. Natural water benefits and ecosystem functions provided infiltration and attenuation processes help by healthy, connected floodplains and retain, cool, and filter water. Protecting and riparian systems, such as water restoring natural assets is often more cost- attenuation, pollution filtration, flooding effective than engineered solutions. resilience, and drought resistance. See FEMA’s guide Building Community Resilience with Nature-based Solutions, as well as software to track these resources from Natural Capital Project. Kitsap County has a program quantifying ecosystem services through its Kitsap Natural Resource Asset Management Projectand we encouragePort Townsend to implement a similar program. Additionally, WDFW’s Landscape Planning for Washington’s Wildlife, outlines that all landscapes, from the human-dominated (e.g., urban) to the relatively undisturbed (e.g., managed forests), can contribute to maintaining Page 10 ecological health that benefits people and wildlife. Thank you for taking the time to consider our recommendations for your CAOamendments to better reflect the best available science for fish and wildlife habitat and ecosystems. We value the relationship we have with your jurisdiction and the opportunity to work collaboratively with you throughout this periodic update cycle. For additional resources in support of WDFW’s land use planning conservation priorities, please see this website. If you have any questions or concerns, please feel free to contact me at 360-701-7705 or at Lindsay.Wourms@dfw.wa.gov. Sincerely, Lindsay Wourms Assistant Regional Habitat Program Manager 450 Port Orchard Blvd Port Orchard, WA 98366 Cc:Gwen Lentes, Regional Habitat Program Manager (Gwendolen.Lentes@dfw.wa.gov) Jessica Bryant, Regional Land Use Lead (Jessica.Bryant@dfw.wa.gov) Kara Whittaker, LUCP Section Manager (Kara.Whittaker@dfw.wa.gov) Marian Berejikian, Environmental Planner (Marian.Berejikian@dfw.wa.gov) Adam Samara, Area Habitat Biologist (Adam.Samara@dfw.wa.gov) Brady Green, Habitat Biologist (Brady.Green@dfw.wa.gov) PUBLIC HEARING /3/2025 CITY COUNCIL3 City of Port Townsend Critical Area Ordinance Update 2 PORT TOWNSEND PLANNING COMMISSION 02/13/2025 1992: First CAO consistent with Growth Management Act requirementsCh 19.05 PTMC contains regulations2016: Last proposed update to CAO, but delayedGMA requires Best Available Science and statutorily consistent updates2024 Shorelands Planning Grant funds Shoreline Master Program Overdue CAO update required for SMP and Periodic Update purposes Periodic Update. CAO and SMP must be consistent. Background 3 . Purpose - PORT TOWNSEND PLANNING COMMISSION 02/12/2025 Functions = water quality, pollution control, habitat, food chain, water Some critical areas pose a threat to human safety or public/private Climate change resiliency Protect valuable biological and physical functionssupply, flood storage, ground water recharge, erosion, sediment control, wave attenuation, aesthetic value protection, recreation. property. Some are only regulated for critical facilities. drainage corridors, and geologically hazardous areas Critical Areas Ordinance 4 PORT TOWNSEND PLANNING COMMISSION 02/12/2025 PC context: 2018 last look, more recent review Jan 23 2025.Department of Ecology review substantially completed prior as part of SEPA notice shared with state agencies for review. Comments will be SMP Periodic Update in 2021.presented as they are received. Background 5 PORT TOWNSEND PLANNING COMMISSION 02/12/2025 Compensate - Principles Reduce - Avoid Risk avoidance and public expenditure for impacts and emergency servicesNotice to presence of confirmed critical areas and limitationsPermit review processReasonable Use Exceptions = Clear process with administrative remedies for investment backed expectations. CAO 6 PORT TOWNSEND PLANNING COMMISSION 02/12/2025 Designation Some external maps consulted or merged with City GIS definitions for further explanation if needed. E.g. WGS Geologic Information Portal, WA Dept of Fish and Wildlife; FEMA Flood Insurance Rate Maps, US Fish & Wildlife Service National Wetland Inventory CAO 7 PORT TOWNSEND PLANNING COMMISSION 02/12/2025 a What are they? maps. CAO Public Map: Some critical areas may not be regulated in certain instances and some layers only display in zoomed in extent. Final critical area designations are based on field conditionscritical area may exist regardless of the information shown on these 10 PORT TOWNSEND PLANNING COMMISSION 02/12/2025 Major Changes Relaxed limitations in landslide areas on manmade 40%+ slopes per City Minor Type IA permit ok with reduced buffer, but mitigation = Type IIConsistent language for proposed SMP changes re: reasonable use and Merge SMP Saltwater Habitats with CAO Fish and Wildlife regulations.Exceptions to critical slopes if with qualified consultant conclusion that New criteria for geohazard area or buffer alteration. CAO Proposed (see Table for all)Engineer recommendation (excludes manmade marine bluffs).variance process and wetlands categorization. slope do not pose slope or is manmade slope. Geotechnical Engineer may need to certify mitigation measures for slope stability. 11 PORT TOWNSEND PLANNING COMMISSION 02/12/2025 Major Changes Current CAO limits lot size: minimum 10,000 sq ft. Clustering ability added. PUD not needed. Type II permit required. CAO Proposed 19.05.060.D General Performance Standards. Subsection 1. Maximum Density: Changes enable densities greater than zone. Provides flexibility to protect critical area functions/values from building pad and construction activities. Special reports demonstrating best available science may be needed for review.Enables bonus such as reductions in minimum lot size and setbacks by 25%, lot coverage averaging. 12 feet. - feet. - PORT TOWNSEND PLANNING COMMISSION 02/12/2025 Major Changes Classifications to include coastal lagoonsRatings scoring break modified to match Ecology guidanceBuffer reductions: current CAO allows reduction to 25Voluntary enhancement encouraged. Future restrictions not based on CAO Proposed Changes allow greater of 75% reduction or 25enhanced functions. Wetlands 13 OR PORT TOWNSEND PLANNING COMMISSION 02/12/2025 Motion: Schedule a second readingMotion: Waive Council rules and adopt the 2025 amendments to the Critical Areas Ordinance. Options for Suggested Motions 1.1. 14 PORT TOWNSEND PLANNING COMMISSION 02/12/2025 Questions and Discussion 15 Public Comment PORT TOWNSEND PLANNING COMMISSION 02/12/2025 Appendix Summary and Staff Response - 16 190 - WAC 365 Responsive Change FixedAdded tsunami hazard to seismic hazard definition. Applicable to Critical facilities.Added 120 to definition. Comment Fix Page 24 G. Appeals and Stay during Pendency of Appeals numbering issueAdd definition of tsunami hazardAdd WAC reference to Geologically Hazardous Areas Definitions PORT TOWNSEND PLANNING COMMISSION 02/12/2025 Source SEPA NOASEPA NOASEPA NOA Commentor DNRDNRDNR Changes responsive to Comment 2025 #123 17 Responsive Change Changed DSD to PCDLine in line out for Title 20 Typing proposedAlready allowed for other critical areas. Standard procedure for geologists. No change. No change. Prior code citations provide breadcrumbs to prior modifications. verified - Comment Update Department nameTitle 20 Typing table inconsistent with Major/Minor Critical Areas PermitsCh 19.05.110.c.3.a allows groundmap for wetlands. Allow for other critical areas?Should citations to previous ordinances be deleted? 19.05.100.G PORT TOWNSEND PLANNING COMMISSION 02/12/2025 Source StaffStaffPlanning CommissionPlanning Commission Commentor Stephen MaderStephen Mader Changes responsive to Comment 2025 #4567 18 . The intent ) hazmats hazmats Responsive Change The grammar used is difficult to discern if critical facilities must produce, use or store is sensitive uses/operations such as a school or fires station as well as those that may be a high risk use (includes uses associated with Comment Delete: produce, use or store hazardous materials or from Critical Facilities Definition. PORT TOWNSEND PLANNING COMMISSION 02/12/2025 Source Staff Commentor Changes responsive to Comment 2025 #8 19 6 and - Responsive Change Replaced ARC with No Net Loss Sequencing in 19.05.010.B 1where indicated in comments and any other sections. Replaced in all sections Comment Use No Net Loss Sequencing consistently throughoutReplace with Army Corps of Engineers mitigation preferencing PORT TOWNSEND PLANNING COMMISSION 02/12/2025 Source Dept of EcologyDept of Ecology Commentor Dept of EcologyDept of Ecology Changes responsive to Comment 2025 #910 20 Responsive Change Removed any references to the SMP.Replaced with Qualified Consultant and used suggested definition. Comment SMP is different than the CAO. not the other way around.Professional Wetland Scientist certification requirement too strict. PORT TOWNSEND PLANNING COMMISSION 02/12/2025 Source Dept of EcologyDept of Ecology Commentor Dept of EcologyDept of Ecology Changes responsive to Comment 2025 #1112 21 Responsive Change Added context as recommended.Updated definition.5źķ ƓƚƷ ƩĻƦƌğĭĻͲ ƦĻƩ ķƚĭƉĻƷ ğƓķ t/ ε ƦǒĬƌźĭ ĭƚƒƒĻƓƷ ğķǝźƭĻ ƩĻƷğźƓ ЊЉ ǤĻğƩ ğƌƌƚǞğƓĭĻ͵ federal - Comment Add wetland classification manual references to Reduce from 10 years to 5 years for definition of idle ag land. PORT TOWNSEND PLANNING COMMISSION 02/12/2025 Source Dept of EcologyDept of EcologyDept of Ecology Commentor Dept of EcologyDept of EcologyDept of Ecology Changes responsive to Comment 2025 #131415 22 Responsive Change Added language referencing mitigation sequencing to be done.Add requirement for arborist review. Clarity already exists in draft. Comment Allowed Activities: Land clearing due to public done without mitigationAllowed Activities: Arborist should confirm dead/dying tree prior to removalMinor CAP: Clarify that consultant may recommend reduced buffers where allowed by chapter PORT TOWNSEND PLANNING COMMISSION 02/12/2025 Source Dept of EcologyDept of EcologyDept of Ecology Commentor Dept of EcologyDept of EcologyDept of Ecology Changes responsive to Comment 2025 #161718 23 Responsive Change Replace terminology as recommended.Replace with Wetlands definition as recommended.Add recommended language where appropriate responsible - Comment GuidanceUse exact definition of Wetlands from RCW per GMA requirements.Reinforce that Prescence of critical areas may exist despite absence of mapping. PORT TOWNSEND PLANNING COMMISSION 02/12/2025 Source Dept of EcologyDept of EcologyDept of Ecology Commentor Dept of EcologyDept of EcologyDept of Ecology Changes responsive to Comment 2025 #192021 24 meter - Responsive Change Corrected citation. Removed reference to coastal kelp. with subaccuracy, or equivalent not meter - Comment Correct citation for Department of Ecology Coastal Atlas. Remove Remove reference to coastal kelp resources from wetlands designation sectionrelevant.suggested language re: GPS with subaccuracy PORT TOWNSEND PLANNING COMMISSION 02/12/2025 Source Dept of EcologyDept of EcologyDept of Ecology Commentor Dept of EcologyDept of EcologyDept of Ecology Changes responsive to Comment 2025 #222324 25 Responsive Change Corrected citationFixed link.Added responsive change to table.Added language limiting reduction to situations where averaging infeasible 9 - Comment Update publication number for Ecology Rating SystemFix broken web link: Guide for selecting mitigation sitesp. 64: Add if Category III wetland scores 8habitat points to assign Category IIRecommend only allowing buffer averaging and not buffer reductions PORT TOWNSEND PLANNING COMMISSION 02/12/2025 Source Dept of EcologyDept of EcologyDept of EcologyDept of Ecology Commentor Dept of EcologyDept of EcologyDept of EcologyDept of Ecology Changes responsive to Comment 2025 #25262728 26 Responsive Change Replaced with suggested language.Made responsive changeCorrected language Comment Buffer waiver section: Suggest replace language consistent with guidance on functionally disconnected buffers.Fix broken web link: Guide for selecting mitigation sitesWetland plan compensation plan requirements: Clarify that value lost due to impacts instead of compensation PORT TOWNSEND PLANNING COMMISSION 02/12/2025 Source Dept of EcologyDept of EcologyDept of Ecology Commentor Dept of EcologyDept of EcologyDept of Ecology Changes responsive to Comment 2025 #293031 27 Responsive Change Revise to state: B. Achieve no net loss of critical area functions and values through avoidance or mitigation.Revised the definition of critical area functions per commentAdopted definition of Hazard tree (danger tree) Comment Replace ARC reference in 19.05.010 with reference to mitigation definitionAdd recommended definition of Ecosystem FunctionsAdd recommended definition of Hazard Tree PORT TOWNSEND PLANNING COMMISSION 02/12/2025 Source WDFWWDFWWDFW Commentor Washington Department of Fish and WildlifeWDFWWDFW Changes responsive to Comment 2025 #323334 28 Responsive Change Added definition of No Net Loss. No Net Loss is also still described in the mitigation sequencing section. Did not establish a monitoring plan and adaptive management program. Staff capacity and funding does not exist to create this program. PORT TOWNSEND PLANNING COMMISSION 02/12/2025 Comment Add recommended definition of No Net Loss. Suggest establishing a monitoring plan and adaptive management program Commentor WDFW Changes responsive to Comment 2025 #35 29 Responsive Change Declined to define RMZ in the CAO. This ecosystem can be called RMZ, stream buffer, equipment limitation zone, etc. We choose to consistency among critical area statutes and familiarity to applicants in land use planning.Updated to match rest of code PORT TOWNSEND PLANNING COMMISSION 02/12/2025 Comment Add recommended definition of Riparian Management Zone (RMZ)Revise definition of Critical Areas to match definition elsewhere in code Commentor WDFWWDFW Changes responsive to Comment 2025 #3637 30 Responsive Change Revised definition to reference the Stormwater Management Plan, which identifies Drainage System Hierarch Tiers. Also states that drainage corridors may be waters of the US or State. Declined, expressing support for adopted watershed plans is not relevant to the CAO but could be considered in the comprehensive planClarified that allowed activities landscaped areas using horticultural PORT TOWNSEND PLANNING COMMISSION 02/12/2025 Comment Revise definition of Critical Drainage CorridorAdd definition of Watershed PlanRecommend establishing limit on tree topping to encourage vista pruning instead Commentor WDFWWDFWWDFW Changes responsive to Comment 2025 #383940 31 Responsive Change Replaced term and required qualified arborist verification prior to removalAdded language Added language PORT TOWNSEND PLANNING COMMISSION 02/12/2025 Comment reference to dead or diseased trees with the newly defined hazard treesareas functions and values are Application Requirements and Delineationsdescription of mitigation sequence followed in the 19.05.040.F.1.d.vii. Commentor WDFWWDFWWDFW Changes responsive to Comment 2025 #414243 32 Responsive Change Accepted with edits to reference adopted stormwater and management plansDeclined, beyond the scope of this CAO but could be considered for inclusion in the Comprehensive Plan Update.Added recommended language Site Site -- PORT TOWNSEND PLANNING COMMISSION 02/12/2025 Comment Consider Fish and Wildlife Habitat Conservation areas (FWHCA) for public mitigation sites.In 19.05.060.C. OffMitigation, describe alignment with watershed plans. In 19.05.060.C. OffMitigation, mitigate using only new properties managed for preservation. Commentor WDFWWDFWWDFW Changes responsive to Comment 2025 #444546 33 Responsive Change connectivity is better addressed through comprehensive plan than CAOIncluded and reference updated definition of qualified consultant Struck references 011 - 12 - 014 and 232 - 12 - PORT TOWNSEND PLANNING COMMISSION 02/12/2025 Comment Include habitat connectivity in General Performance StandardsIn Classification of Fish and Wildlife Habitat Conservation Areas, suggest adding that a final designation. Remove references to archived WAC 232 Commentor WDFWWDFWWDFW Changes responsive to Comment 2025 #474849 34 Responsive Change Added references and links to WDFW resourcesStruck reference. - 14 - PORT TOWNSEND PLANNING COMMISSION 02/12/2025 Comment Suggests adopting and incorporating by reference the PHS list, maps, and management recommendations. Remove references to archived WAC 232010 Commentor WDFWWDFW Changes responsive to Comment 2025 #5051 35 Responsive Change statement, provided reference to SPTH 200 GIS Mapping to identify potential waters identified by the US Geological Survey. Added reference to Frequently flooded areas and critical drainage corridors section of the CAO, and the Stormwater Management Plan. PORT TOWNSEND PLANNING COMMISSION 02/12/2025 Comment Recommends using the SPTH 200 GIS Mapping instead of the State Interim Forest Practice Water Typing to define streams. The SPTH mapping system states that there are streams in Port Townsend. Commentor WDFW Changes responsive to Comment 2025 #52 36 Responsive Change Added suggested languageNo change to text, as shoreline stabilization should be addressed within the Shoreline Master Program. Ongoing SMP periodic update will examine sea level rise shoreline stabilization. PORT TOWNSEND PLANNING COMMISSION 02/12/2025 Comment as first step in conditioning approvals. In Additional Performance Standards for Critical Saltwater Habitats, encourage the use of soft shoreline stabilization techniques where possible Commentor WDFW Changes responsive to Comment 2025 #5354 37 case basis, and - by - Responsive Change Deleted existing general statement about the WDFW basis for buffers, instead relying on buffer width shall be established by an approved critical areas report prepared by a qualified consultant. To retain adequate natural habitat for classified species, buffer needs shall be assigned on a casethe process and justification shall be described in the PORT TOWNSEND PLANNING COMMISSION 02/12/2025 Comment Tree Height at 200 Years (SPTH200) to designate RMZ widths and add riparian management recommendation based on Anacortes code. Commentor WDFW Changes responsive to Comment 2025 #55 - 38 Responsive Change Deleted existing general statement about the WDFW basis for buffers. Existing buffers and setbacks for critical drainage corridors are appropriate. There are no fishbearing streams within the Urban Growth Boundary. Added suggested language with edits referencing ecosystem functions and climate resilience. Could be expanded on within the comprehensive plan. PORT TOWNSEND PLANNING COMMISSION 02/12/2025 Comment Add text describing Riparian Management Zones Potential Tree Height at 200 Years (SPTH200).In Purpose of Frequently Flooded Areas and Critical Drainage Corridors, add suggested text on the ecosystem services provided by natural resources. Commentor WDFWWDFW Changes responsive to Comment 2025 #5657 ! ! ! ! ! ! ! ! ! ! ! ! Agenda Bill AB25-023 Meeting Date: March 3, 2025 Agenda Item: X.A Regular Business Meeting Workshop/Study Session Special Business Meeting Submitted By: Mike Connelly, Project Manager and Steve King, PW Director Date Submitted: March 3, 2025 Department:Public Works Contact Phone:360-379-5090 SUBJECT: Motion authorizing the City Manager to enter into all contracts necessaryto completedesign and issue request for bidsfor the Holcomb and Wilson Sewer Upsizing project. CATEGORY: BUDGET IMPACT:N/A Consent Resolution Expenditure Amount: $150,000 Staff Report Ordinance Included in Budget? Yes No Contract Approval Other: Motion Public Hearing (Legislative, unless otherwise noted) 3-Year Strategic Plan: 4 - Ensure sustainable future for public services and facilities Cost Allocation Fund: 415 Water Sewer CIP SUMMARY STATEMENT: The City is moving forward with implementation of a project identified in the 2024 General Sewer Plan. This project came about as a result of analyses performed of the City sewer system collection capacity. The results of the study, illustrated sections of the system that could not meet demands for future growth. The projects in the General Sewer Plan that is being addressed are SM1 and a portion of SM3 as illustrated below. This project focuses on upsizing and relocating the sewer trunk line from the Sims Way crossing in the vicinity of Wilson Street and Holcomb Street. This project also addresses a sewer line through private property and nearly under a house. This improvement will address capacity in the trunk line from the Rainier Subarea to the sewer line behind Safeway. This project is also relatively urgent given the City has experienced overtopping in the past and it is necessary to support housing and development in the Rainier Subarea including the new Madrona Ridge subdivision. Portion of SM3 Addressed with this project The 2025 budget has this project estimated at $1.34 million as shown in the attached capital budget sheet. Staff notes that this budget estimate was based on the General Sewer Plan Rate study including inflation for project SM1. Additional budget may be necessary given this project also addresses a portion of project SM3. Public outreach for this project will include individual contacts with neighbors directly impacted by the work. The existing pipe is located in easements and formerly vacated right of ways that have private improvements over the top of the pipe. Additionally, directional drilling across Sims Way may be necessary. This project illustrates the challenges that result when infrastructure is not located in a right of way or under a public street. Staff recommends the City Council authorize the signing of contracts to hire support engineering services and development of contract plans and specifications for bidding the project. Upon receipt of bids, staff will bring bid award back to City Council for approval. Staff anticipates construction early in 2026. ATTACHMENTS: 2025 Capital Budget Sheet. Sewer System Overview Map with Project Boundary Holcomb and Wilson Sewer Project Vicinity Map CITY COUNCIL COMMITTEE RECOMMENDATION:N/A RECOMMENDED ACTION: Move to authorize the City Manager to enter into all contracts necessary to complete design and issue request for bids for the Holcomb and Wilson Sewer Upsizing Project. ALTERNATIVES: Take No Action Refer to Committee Refer to Staff Postpone Action Remove from Consent Agenda Waive Council Rules and approve Ordinance ____ Other: Agenda Bill AB25-024 Meeting Date: March 3, 2025 Agenda Item: X.B Regular Business Meeting Workshop/Study Session Special Business Meeting Submitted By: Steve King, PW Director Date Submitted: March 3, 2025 Department: Public Works Contact Phone: 360-379-5090 SUBJECT: Interlocal Cooperation Agreement Between the City of Port Townsend and the Port of Port Townsend for the Construction of Stormwater Facilities CATEGORY: BUDGET IMPACT:N/A Consent Resolution Expenditure Amount: $20,000 Staff Report Ordinance Included in Budget? Yes No Contract Approval Other: Motion Public Hearing (Legislative, unless otherwise noted) 3-Year Strategic Plan: 4 - Ensure sustainable future for public services and facilities Cost Allocation Fund: 412 Storm Fund SUMMARY STATEMENT: The information provided summarizes a proposed Interlocal Agreement (ILA) between the Port and the Citythat was initially presented in a workshop with the City Council on thth February 10. A linkto the February 10 city council workshop meeting can be found under archived videos & agenda through the following link: https://cityofpt.us/citycouncil/page/agendasminutesvideos At the workshop, the Port of Port Townsend provided illustrations of the problem and the need to rebuild a failed outfall as well as develop water quality facilities to treat stormwater from the Castle Hill neighborhood. This project also provides space for expansion of the boatyard and provides for the economic benefit of additional marine trades jobs. This ILAis proposed between the City of Port Townsend and the Port of Port Townsend to facilitate the construction of stormwater treatment facilities to manage stormwater from Sims Way and Castile Hill area that discharges to the westerly end of the current boatyard property owned by the Port of Port Townsend. The Port of Port Townsend has an opportunity with grant funding to perform mutually beneficial work to develop stormwater treatment best management practice (BMP) to improve the stormwater system and reduce impacts of stormwater on Port property. Under this agreement: The Port will lead the bidding, construction administration, and contract management for the stormwater facility. The City and the Port will share project costs, with the City responsible for half of the construction costs exceeding $1 million. The objective is to keep the costs below $1 million to avoid a budget impact to the City Stormwater Utility. Once completed, the City will assume ownership, maintenance, and regulatory compliance for the new stormwater facilities. The Port will grant the City a permanent easement for facility access. The City will bear full responsibility for future upgrades if required to meet evolving stormwater permitting requirements. The agreement supersedes previous stormwater-related agreements from 1994 and 2012. Both parties are committed to completing the project efficiently, in a cost-efficient manner, to ensure improvement of stormwater management that benefits City, Port, the community and the environment. This agreement is expected to have limited impacts to budget except City staff time associated with implementation of the agreement through construction and maintenance of the future facility. As described above, every effort will be made to keep the costs below $1 million to prevent budget impacts to the City and the Port. A budget amendment may be necessary to cover Staff costs and any potential costs over $1 million. Next steps will involve solicitation of construction bids. If the bids come in higher than $1 million including a contingency, staff will come back to Council for authorization of additional funds or cancelation of the project. The stormwater utility has limited capacity to fund this work at this time. Staff recommends City enter into the ILA with Port of Port Townsend as this is an opportunity to solve an existing problem the Port and City have been working on for years. The Port’s initiative to solve this problem for mutual benefit is appreciated and reflected in this agreement. ATTACHMENTS: Interlocal Agreement Port Presentation from February 10, 2025 Council workshop. CITY COUNCIL COMMITTEE RECOMMENDATION: N/A RECOMMENDED ACTION: Motion to authorize the City Manager to enter into an interlocal agreement with Port of Port Townsend for the construction of stormwater improvements and a new outfall at the west end of the Boat Haven Boatyard. ALTERNATIVES: Take No ActionRefer to CommitteeRefer to StaffPostpone Action Remove from Consent Agenda Waive Council Rules and approve Ordinance ____ Other: Haven at Boat SW Outlet Castle Hill TX Conveyance Stormwater (SW) X T X T Haven at Boat SW Outlet Haven at Boat SW Flooding Conveyance Original SW X T X T X T TX TX TX SW to be Replaced Conveyance TX TX TX X T X T X T X T to be X T Replaced SW Outfall X T SW to be Replaced Conveyance SW Outfall to be Replaced X T X T Absent Location Chambers Chambers Chambers Chambers Chambers Chambers Chambers Chambers Chambers Chambers Chambers Chambers Chambers Chambers Chambers Jeff Co ChambersChambersChambers Chambers Chambers Chambers Chambers Chambers Chambers Chambers ) Report and State of the Annual Community Read th www.cityofpt.us website City Item See SCHEDULE Agenda change. Proclamation: Reading Month 20Interim parking ordinance extension public hearingPublic Hearing: Critical Areas OrdinanceSpecial presentation: Annual Crime Police DepartmentPort of PT Sims Stormwater ILA 15 Min Comprehensive Plan Update Second Reading: Critical Areas Ordinance Special Presentation: County Response Team to NCELED MEETINGS Tentative CANCELEDCA subject CITY only, t draft is schedule (This Rights Advisory Board Meeting Infrastructure and Development Comm of Civil Service Commission Type Planning Commission Special Session City Council Meeting (JoinPlanning Commission) City Council Business Meeting Historic Preservation Committee Council Arts Commission Council Finance and Budget Committee City Council Workshop Meeting Lodging Tax Advisory Committee Council Culture and Society Committee Equity, Access, and Rights Advisory Board Planning Commission City Council Business Meeting Parks, Recreation, Trees and Trails Advisory BdJefferson County Housing Fund Board Planning CommissionHistoric Preservation Committee Council Infrastructure and Development CommArts Commission City Council Business Meeting Library Advisory Board Council Culture and Society Committee Equity, Access and Civil Service Commission Meeting Time 6:30 6:306:00 3:003:003:003:00 6:00 3:003:0012:304:156:30 6:00 4:302:306:303:003:003:00 6:00 1:003:0012:304:15 Date Feb 27 Feb 27Mar 3 Mar 4Mar 5Mar 6Mar 10 Mar 10 Mar 11Mar 12Mar 13Mar 13Mar 13 Mar 17 Mar 25Mar 26Mar 27April 1April 2April 3 April 7 April 8April 9April 10April 10 Day Thurs Thurs Mon TuesWed ThursMon Mon TuesWedThursThursThurs Mon TuesWedThursTuesWedThurs Mon TuesWedThursThurs Chambers Chambers Chambers Chambers JCPHChambers Jeff Co ChambersChambers Chambers Chambers Chambers Chambers Chambers Chambers Chambers Chambers Chambers Chambers Chambers Port Pavilion Chambers Chambers Dec) - (Nov Standards CITY OFFICES CLOSED - Quarterly Workplan Review/ Council Committee Updates National Public Works Week Proclamation Public Hearing: Shoreline Master Program Periodic Update Design Adoption and HOLIDAY Engineering Renewals of Hearings UpdateRecords Management PoliciesMountain View Leases (December) BudgetContract November) Oct.) September, July, May, Apr., Plan (Jan, Recreation, Trees and Trails Advisory Bd (February, Review Group Planning Commission Council Finance and Budget Committee City Council Workshop Meeting City Council Business Meeting Climate Action Committee Parks, Jefferson County Housing Fund Board Planning Commission Arts Commission City Council Business Meeting Historic Preservation Committee Council Infrastructure and Development CommEquity, Access, and Rights Advisory Board Civil Service Commission Planning Commission Council Finance and Budget Committee City Council Workshop Meeting Lodging Tax Advisory Committee (LTAC)Council Culture and Society CommitteeIntergovernm ental Collaborate Group (ICG)City Council Business Meeting Planning Commission Comprehensive Workplan City’s 6:303:00 6:006:00 3:004:302:306:303:00 6:00 3:003:0012:304:156:303:00 6:00 3:003:005:00 6:00 6:30 Reports (April, July, October) Collaborative and the 14 to Board April 10April 14 April April 21 April 22April 22April 24May 1 May 5 May 6May 7May 8May 8May 8May 12 May 12 May 13May 14May 15 May 19 May 22 May 26 April 23 Update ThursMon MonMon TuesTuesWedThurs Mon TuesWedThursThursThursMon Mon TuesWedThurs Mon Thurs Mon IntergovernmentalAdoption of Shoreline Master Program UpdateSuggestionCouncil Committee Period Thurs