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Home My WebLink About031725 City Council Business Meeting PacketPORT TOWNSEND CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS, 540 WATER STREET Business Meeting 6:00 p.m. March 17, 2025 • Attend in person or virtually via computer or tablet at .Miss.//zoon ..us/i/98187633367 enter the Webinar ID 98187633367 • Phone only (muted - listen -only mode) United States: Local Dial In — 1(253)215- 8782„981876333674 • Submit public comment to be included in the meeting record to: 1�tt / ubliccomment.lillout.com/cit of t • If you are experiencing technical difficulties, please attempt all methods listed above before reporting any issues to: cler .su ort �� ohs L Call to Order II. Roll Call III. Changes to the Agenda IV. Proclamation(s) or Special Presentation(s) A. Oath of Office- Police Officer B. Jefferson County Commissioner, District 1, Heather Dudley-Nollette C. Olympic Disposal 2024 Annual Report 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 VI I. Executive Session — Pursuant to RCW 42.30.110(1)(i) To discuss with legal counsel representing the agency litigation or potential litigation (Approximately 20 minutes) VIIL Consent Agenda Action: Move to 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: January 15, 2025, February 18, 2025 C. 2024 4fh Quarter Financial Update D. Authorizing the City Manager to Execute all Contract to Complete the Pink House Restoration Project Not to Exceed $253,000. E. Resolution 25-007 Approving Final Plat and PUD for Madrona Ridge Phase 1 Application, Located in Jefferson County Tax Parcel NOS: 001091002; 001092005;001092006;973800201;973800301. F. Authorizing the City Manager to Sign an Easement as the Grantee and the Associated Agreement IX. Old Business A. Ordinance 3348 Amending the Critical Areas Ordinance Codified in Chapter 19.05 of the Port Townsend Municipal Code Proposed Action: Move to approve Ordinance 3348 Amending the Critical Areas Ordinance Codified in Chapter 19.05 of the Port Townsend Municipal Code i. Staff presentation and Council questions ii. Public Comment iii. Council deliberation and action X. New Business A. Ordinance 3349 Amending Port Townsend Municipal Code Chapter 2.80 Relating to the City's Code of Ethics; Providing for Severability; and Establishing an Effective Date Proposed Action: Move to waive Council Rules and approve Ordinance 3349 Amending Port Townsend Municipal Code Chapter 2.80 Relating to the City's Code ofEthics; Providing for Severability; and Establishing an Effective Date i. Staff presentation and Council questions ii. Public Comment iii. Council deliberation and action B. Tyler Street Bid Award Proposed Action: Move to award the Tyler Street Paving project to the lowest responsive bidder, Northern Asphalt and authorize a budget amendment in the amount of $178, 000 of additional Transportation Infrastructure Funded funds. i. Staff presentation and Council questions ii. Public Comment iii. Council deliberation and action C. Resolution 25-008 Noticing a Public Hearing Date to Consider Dissolution of the Fort Worden Lifelong Learning Public Development Authority (PDA) Proposed Action: Move to approve Resolution 25-008 Noticing a Public Hearing Date to Consider Dissolution of the Fort Worden Lifelong Learning Public Development Authority (PDA) i. Staff presentation and Council questions ii. Public Comment iii. Council deliberation and action XI. Presiding Officer's Report XIL Suggestions for Future Agendas XIII. Comments from Council XIV. Executive Session — Pursuant to RCW 42.30.110 (1)(g) Performance of a public employee (Approximately 10 minutes) XV. Executive Session — Pursuant to RCW 42.30.110(1)(i) To discuss with legal counsel representing the agency litigation or potential litigation (Approximately 10 minutes) XVL Adjourn 0 ` r Z O z U /_ � L _0 LL O 0 L U >> c� O U a) O a' o �, O � cu cu , O 70 7 O q A L cu = O � 5 al cu o0 (3) .�� w�� 700cu L°' cu U m��o � C�� MC _ cu cu 70mC 0 CU C CU U 70 U) w �0�OU 0 O U O O 0- O O -0 O N . =3 70 cCf UOEwoam) cu m—t E C ° O _0 cu J O a CU cu O 0 L to cu (5 0 0 0 O — 0 O w O cm >, c -0 E0 cEw L CU O O c O O O i W O 0 CM _� w O 0 =3 CU 3: cu c L o 0-0 m O _ _ L U) cu W 0 m N O N U cu O cu ti E m 0 O O O W c cu m L U W I U) m U O 4- O 4- O U O M 0 W cu 0 y� O U U d d y aa. _ d d � E u 3 $ a ea u a' i. a 1O d � N E � u O E T E w _ E o E a 0 d a c E a� .3 0 T 0 0 O � N N X O o T N W C O 0 O m U N .3 O m d U � M o_ b° E - O � Z Y c d n O O � o o � d - U W U a O � 2 O a - � o 3 0 d d E u v v o ry U N ` j O U U E d d d bOA A V a d '- n 3 d o u E o a E E n E F O. U o O C Y 'o T N ' O o E �- w O d o E 'a Z o � o E O) N 0 O O CITY OF PORT TOWNSEND MINUTES OF THE CITY COUNCIL SPECIAL CITY COUNCIL (JOINT MEETING WITH PLANNING COMMISSION AND PARKS, RECREATION, TREES, AND TRAILS ADVISORY BOARD) PUBLIC OPEN HOUSE: WALKING, BIKING, AND CONNECTED COMMUNITIES, FOR THE ACTIVE TRANSPORTAION PLAN OF JANUARY 15, 2025 CALL TO ORDER The Port Townsend City Council met in a special session meeting with the Planning Commission and Parks, Recreation, Trees and Trails Advisory Board on the 15th day of January, 2025 for the Public Open House: Walking, Biking, and Connected Communities, for the Active Transportation Plan at the Port Townsend Senior Center 620 Tyler St, Port Townsend, WA 98368. The meeting was called to order at 5:30pm. ROLL CALL Council members present: Amy Howard, Neil Nelson, Ben Thomas, Monica MickHager, and Owen Rowe, with David Faber and Libby Wennstrom excused. Planning Commissioners present: Rick Jahnke, Viki Sonntag, Robert Doyle, and Steve Mader, with Samantha Bair Jones, Lois Stanford and Andreas Andreadis excused. Parks, Recreation, Trees, and Trails Advisory Board members present: Debbie Jahnke, Richard Hefley, Matt Miner, Becci Kimball, and Jim Todd with Pam Adams and Russell Hill excused. Staff members present: Assistant City Engineer Jeff Kostechka, City Manager John Mauro, Marketing and Communications Director Shelly Leavens, Planning and Community Development Director Emma Bolin, and Public Works Director Steve King. EVENING INTRODUCTIONS Project Background Introduce Boards and Maps Instructions on the Evening Assistant City Engineer Jeff Kostechka presented the Project Background, introducing Boards and Maps, and providing introductions on the evening which included thanks you's to groups involved, explanation that the project is an update to the original Non- Motorized Plan and explained the materials in the room for people to review and comment on. ATTENDEES VIEW AND PROVIIDE COMMENTS TO MAPS/POLICY BOARDS Attendees viewed and provided comment to maps/policy boards in the room. GROUP BREAKOUT SESSIONS (AT GROUP TABLES, COMMENT ON CHALLENGES TO ONE OF FOUR CITY QUADRANTS, THEN ROTATE TO THE OTHER THREE TABLES) Attendees continued onto breakout sessions and commented on the challenges to one of four city quadrants. ADDITIONAL TIME TO REVIEW MAPS/POLICY BOARDS Attendees continued reviewing maps/ policy Boards. ADJOURNMENT There being no further business, the meetings adjourned at 7:30p.m. Attest: Alyssa Rodrigues City Clerk DRAFT CITY OF PORT TOWNSEND MINUTES OF THE CITY COUNCIL BUSINESS MEETING OF FEBRUARY 18, 2025 CALL TO ORDER The City Council met in a Regular Session on the 18th day of February 2025 in Council Chambers at 540 Water Street, Port Townsend, WA 98368. Mayor Faber called the meeting to order at 6:00pm. ROLL CALL Councilmembers present at roll call were David Faber, Amy Howard, Neil Nelson, Owen Rowe, Ben Thomas, and Libby Wennstrom with Monica MickHager excused. Staff members present were Public Works Director Steve King , Marketing and Communications Director Shelly Leavens, Project Manager Tyler Johnson , Finance and Technology Services Director Jodi Adams, and City Clerk Alyssa Rodrigues. CHANGES TO THE AGENDA Mayor Faber suggested adding Item C. regarding new Media Guidelines and Item D. regarding downtown paid parking program. PROCLAMATION(S) OR SPECIAL PRESENTATION(S) (NONE) There were no Proclamations or Special Presentations. CITY MANAGER'S REPORT Mayor Faber stated the City Manager's Report was attached to the packet. COMMENTS FROM THE PUBLIC Public comment Staff or Council response, as needed There was no public comment. Discussion ensued around moving new Item C and D up in the agenda. February 18, 2025 City Council Business Meeting Page 1 of 6 DRAFT CONSENT AGENDA Approval of Bills, Claims and Warrants Approval of Minutes: January 27, 2025 Equipment Purchases Interlocal Agreement by and between Jefferson County and the City of Port Townsend for Law Enforcement Services Council member Nelson mentioned he was present for the January 27, 2025 meeting. Motion: Owen Rowe moved to approve the consent agenda with correction to roll call in minutes. Libby Wennstrom seconded. Vote: motion carried unanimously, 6-0 by voice vote. NEW BUSINESS Media Guidelines (Added During Changes to the Agenda) Public Works Director Steve King and Marketing and Communications Director Shelly Leavens presented on the Media Guidelines which included Media Guidelines, timeline, discussion with media counterparts, poor timing, updated guidelines, misinformation, help from local press, trusted source for local media, internal coordination, implementation of Personnel Policy, Communications Department, guidelines are not a policy, does not apply to City Council, public records, mutual respect, emails, improved guidelines, relationship with press, FAQ's, responsive to media, accurate reporting, City communications, systems and guideline development, central point of contact being standard, media guidelines internal and external, pressure of local reporters deadlines, and it being productive to meet with media. In response to Council's clarifying questions staff explained communications guidelines timeline, expedience of information, and coordination of responses. Public comment: Jason Victor Serinus spoke about deadlines and perception with media. Reneene Robertson spoke about residential parking zones. Discussion ensued around how Council can support guidelines, misunderstandings, public records requests, searchable archive page, adversarial relationship with media, organizational, URL's not working on website, community consultation, and Agendas/Minutes/Videos search tool. February 18, 2025 City Council Business Meeting Page 2 of 6 DRAFT Downtown Paid Parking Program (Added During Changes to the Agenda) Mayor Faber and Steve King presented the Downtown Paid Parking Program which included the Mayor's City Newsletter and social media piece regarding downtown paid parking program, FAQ, parking study, pilot program, and permit systems. In response to Council's clarifying questions staff explained size of pilot. Public comment: Reneene Robertson spoke about Admiralty Apartments, City of Seattle residential parking permit, and cameras on van access slots. Scott Walker spoke about starting smaller, Taylor St, attention on topic, timing of day, dynamic fees, parking garage, and Hood River. Discussion ensued around going too far, getting to right size, Jefferson Transit, pilot program, ways to pay, permits, information gap, free parking will fill up, private paid parking, challenging solutions, park and go on ferry, parking surveys wanted a definitive action, lot near downtown, Park and Ride, impact, negative side effects, increase function of business district, alternatives to driving, large pilot size, bring back smaller pilot size, tourist season, some solution isn't any solution, business community, streateries, enforcement, residential permits, employee parking, next steps, scope of pilot, parking fine amount, Seattle policies, Hood River, Leavenworth, public information, strategies, and revenue. Resolution 25-006 Declaring an Emergency, Waiving Public Bidding Requirements, and Ratifying the City Manager's Approval of all Applicable Documents to Allow for the Immediate Repair of Damage to the OGWS Transmission Pipeline Near Fuller Road at the Andrews Creek Crossing Project Manager Tyler Johnson and Steve King presented Resolution 25-006 Declaring an Emergency, Waiving Public Bidding Requirements, and Ratifying the City Manager's Approval of all Applicable Documents to Allow for the Immediate Repair of Damage to the OGWS Transmission Pipeline Near Fuller Road at the Andrews Creek Crossing which included February 6, 2025 call, project, water break, 19.5 Miles of Pipeline to Search, Fuller Road crossing of Andrews Creek, oldest pipe, highest pressure, 1/2 million gallons of water spilled, Emergency Declaration, Nordland Construction Northwest, Hutchins Metal Work, IDGAF, City Lake concerns, Emergency Hydraulic permit, Fish and Wildlife, Critical Areas permit, amount for project, native vegetation, and Thanks to All Who Helped to Repair the Pipeline. In response to Council's clarifying questions staff explained age of pipe, turning off flow of water, trigger, drones, and drainage. Public comment: There was no public comment. February 18, 2025 City Council Business Meeting Page 3 of 6 DRAFT Discussion ensued around pictures, urgency to build capital funding for replacement of pipe, bureaucratic slowdown, and Emergency Declaration. Motion: Owen Rowe moved to approve Resolution 25-006 Declaring an Emergency, Waiving Public Bidding Requirements, and Ratifying the City Manager's Approval of all Applicable Documents to Allow for the Immediate Repair of Damage to the OGWS Transmission Pipeline Near Fuller Road at the Andrews Creek Crossing. Ben Thomas seconded. Discussion ensued around appreciation for the staff and contractors. Vote: motion carried unanimously, 6-0 by voice vote. Council member Thomas announced there was someone needing to make an emergent comment. Mayor Faber allowed the public comment. Public Comment: Maggie stated the toilets are malfunctioning at 209 Monroe St Shelter, asked if Cotton Building restrooms will be open, and people are sick and too close together. Discussion ensued around Cotton Building restrooms and having a conversation with Bayside. Task the Equity, Access, and Rights Advisory Board with Reviewing their Scope of Work within Resolution 23-027 and Providing Edits, Suggestions, and Updates. Deputy Mayor Howard presented Tasking the Equity, Access, and Rights Advisory Board with Reviewing their Scope of Work within Resolution 23-027 and Providing Edits, Suggestion and Updates which included reviewing their enabling resolution, "as tasked by City Council" review, board seated since May and tasked with two items. Public comment: There was no public comment. Discussion ensued around engaging with co-chair of Equity, Access, and Rights Advisory Board, uncomfortable with request, new board, concern around timeliness, Advisory to Council, don't want to remove guardrail yet, "as tasked by Council" concerns, activist organization, concerns around effect on staff, additional powers, review, implies broad tasking, Listening Sessions, understand perspective, share concerns from Council, need more information, need more clarification, tasked with preparing presentation, reviewing Scope of Work, want to move faster with emergent issues, right sizing the work, suggestions for Scope of Work, and sharing concern from Council to board. February 18, 2025 City Council Business Meeting Page 4 of 6 DRAFT Motion: Ben Thomas moved to task the Equity, Access, and Rights Advisory Board with reviewing their Scope of Work within Resolution 23-027 and suggesting edits, other suggestions, and updates. Owen Rowe seconded. Vote: motion carried unanimously, 6-0 by voice vote. PRESIDING OFFICER'S REPORT Mayor Faber stated he did not have a Presiding Officer's Report. SUGGESTIONS FOR FUTURE AGENDAS Council member Thomas suggested having the Culture and Society Committee look at public engagement. Discussion ensued around WA-CELI trainings, Culture and Society schedule, and appropriate to look at in future. Motion: David Faber moved to task Culture and Society with reviewing the City of Port Townsend's public engagement processes. Ben Thomas seconded. Discussion ensued around engaging Equity, Access, and Rights Advisory Board in work. Mayor Faber withdrew his motion. Motion: David Faber moved to task Culture and Society with reviewing the City of Port Townsend's public engagement processes and delegating power to Culture and Society to task the Equity, Access, and Rights Advisory board with parts of that process. Ben Thomas seconded. Discussion ensued around getting more engagement at Culture and Society and general lack of attendance at Committee meetings. Mayor Faber mentioned concerns from a community member about animal abuse and leaving dogs outside overnight. Discussion ensued around putting this topic on the suggestion board and where the suggestion board lives. COMMENTS FROM COUNCIL Deputy Mayor Howard stated an upcoming Intergovernmental Collaborative Group conflict. Discussion ensued around having a quorum for the Intergovernmental Collaborative Group meeting. February 18, 2025 City Council Business Meeting Page 5 of 6 ADJOURN DRAFT There being no further business, the meeting adjourned at 8:11 pm. Attest: Alyssa Rodrigues City Clerk February 18, 2025 City Council Business Meeting Page 6 of 6 City0f Port ' m�10 Townsen Submitted By: Jodi Adams, Finance Director Date Submitted: March 13, 2025 Department: Finance Agenda Bill AB24-026 Meeting Date: March 17, 2025 Agenda Item: VIII.0 ® Regular Business Meeting ❑ Workshop/Study Session ❑ Special Business Meeting Contact Phone: 360-379-4403 SUBJECT: 2024 Fourth Quarter Financial Update iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillillillilillillillillillillillillillilliillillillillillillilliillillilillillillillillilillillillillillillillillillilliillillillillillillilliillillilillillillillillilillillillillillillillillillilliillillillillillillilliillillilillillillillillilillillillillillillillillillilliillillillillillillilliillillilillillillillillilillillillillillillillillillilliillillillillillillilliillillilillillillillillilillillillillillillillillillilliillillillillillillilliillillilillillillillillilillillillillillillillillillilliillillillillillillilliillillilillillillillillilillillillillillilI CATEGORY: BUDGET IMPACT: ❑x Consent ❑ Resolution Expenditure Amount: ❑ Staff Report ❑ Ordinance Included in Budget? Yes ❑ No ❑x ❑ Contract Approval ❑ Other: ❑ Public Hearing (Legislative, unless otherwise noted) ❑ 3-Year Strategic Plan: N/A Cost Allocation Fund: N/A SUMMARY STATEMENT: The Fourth Quarter Financial Report for 2024 provides a summary of the financial activity through year end, December 2024. Financial results remain on target. The City's reserves continue to remain strong and within policy parameters, keeping the City in a good financial position. The City received 86% of all budgeted revenues, which is in line with expenditures at 77% for 2024. The attached report provides a summary of the financial activity through December 31st. The fourth quarter report is unaudited and does not reflect the final numbers as those will be completed over the coming months during which City staff prepares the Annual Comprehensive Financial Report for the State Auditors Office (SAO). We do not anticipate any significant changes, so this report does represent a fair representation of all financial activity in the City of Port Townsend for 2024. ATTACHMENTS: 1. 2024 Fourth Quarter Fund Summary CITY COUNCIL COMMITTEE RECOMMENDATION: N/A RECOMMENDED ACTION: No action requested. ALTERNATIVES: ❑ Take No Action ❑ Refer to Committee ❑ Refer to Staff ❑ Postpone Action ❑ Remove from Consent Agenda ❑ Waive Council Rules and approve Ordinance ❑ Other: Quarterly Financial Report FY 2024 Q4 December 31, 2024 PropertyTax ......................................................... 5 SalesTax .......................................................... 5 Real Estate Excise Tax ............................................. 6 Business and Occupation Tax ....................................... 6 AllRevenue......................................................... 7 All Expenditures.................................................... 8 Wages & Benefits ................................................... 9-10 Debts & Investments ................................................ 11-12 2 IM d� Al ro AL Townsen 0 2024 Fourth Quarter Report 2024 - Fund Financial Status Analysis The following analysis concerns the fourth quarter financial report for 2024. This analysis provides a summary of the financial activity through December 31 ". The fourth quarter report is unaudited and does not reflect the final numbers as those will be completed over the coming months during which City staff prepares the Annual Comprehensive Financial Report for the State Auditors Office (SAO). We do not anticipate any significant changes, so this report does represent a fair representation of all financial activity in the City of Port Townsend for 2024. The fund balance has increased by $4.7m as of December 31 st. In the 2024 budget the City was projected to see a decrease in cash of $1.7m (prior to the yearend budget supplement). Looking at the "revenue vs expense" summary statement you can see that the most significant reasons for this current $6.4m difference can be found in Enterprise Funds ($4.8m). Single significant impacts are seen in Community Services ($532k), and in the Water/Sewer Operations & Capital Fund where transfers, payroll and Water Quality/WTF Operations are significantly under budget at $4m (42%). Storm Operations are under budget at this point (24%), possibly due to lower levels of staffing and capital activity. Though the City is struggling with some understaffed departments (finance/police/public works) we, the staff have been able to positively manage the 2024 budget keeping the City in a strong financial position. The following comments highlight other significant activity in 2024: • Investment Revenue topped the $1.15m mark due to the aggressive policy change that was first started in 2023. This is significantly more than what was budgeted and easily eclipsed the amount in 2023 as the city earned $702k, a growth of almost 61 % in 2024. The total investment interest earned in 2022 amounted to $167,000, representing an increase of nearly sevenfold. The policy is working to great benefits for the city's revenue. Budgeted expenditures for 2024 ended at 27% under the projected budget amount for the year, $19m less. Some of this is due to timing on capital projects, for example. Though the city is short staffed and there are "savings" on labor costs, much of this is made up by increased consultant costs. ARPA transfers (costs) have nearly been completed. Budgeted Revenues had a shortfall of 20%, nearly $14m less than projected. The single biggest impact here is on the Water/Sewer Capital Fund, which is under budget by $8.4m. This is due to capital projects and miscellaneous water and sewer revenue budgeted amounts surpassing $4.3m. We have not been able to get capital projects done this year... the numbers for these projects are big. We'll see some large carry forward to next year. As part of the capital budget process, we will be generating an end -of -year estimate for 2024 for each fund as well as the 2025 budget. Staff shortages, still down 3 the Deputy Director of Public Works and project managers just added in 2023 have been part of this delay as well. Significant revenue trends are provided in the trend analysis reports that we have included with the main revenue/expenses budget in the actual report. The main revenues that we have prepared for these trend analyses reports for include: (1) property taxes (4.7% growth); (2) sales taxes (20% growth); (3) real estate excise taxes (declined by 12%); (4) permits (declined 12%); (5) business licenses (3% growth) and (6) business & occupation taxes (6.6% growth). The thought process was that this would give a good indication of how the economy of Port Townsend was trending. The 2024 budget was amended in the Budget Supplement prepared in and approved by City Council in December. This is addressed in the final year-end reports. Most of this supplement was focused on areas where expenditures were exceeded and possible interfund transfers were required to prevent potential negative fund balances. This was addressed by accelerating interfund transfers from the General Fund, Street Operation Fund and the Real Estate Excise Tax Fund. This was a possibility due to grant proceeds timing issues being received in January of 2025 and not in December. Overall, the City of Port Townsend's cash position and fund reserves are strong. Staff is committed to having fourth quarter reports ready for review at the February Finance and Budget Committee Meeting and to the entire City Council by February 181h. Thank you. Rde<iaad r4 5;,a Finance Manager 4 Property Tax Property Taxes are up by 4.7% from 2023 as of December 31 ". This is a sign of multiple indicators such as assessed valuation and possibly new construction along with the 1% allowable on property tax increases. This is a positive sign though it is down from 11.2% of growth last year, it is still strong. Especially considering the limitations on raising property taxes in Washington State. In the next chart, sales tax growth is growing at a rate of 19% as of September 301h. This is up from last year when it grew at a rate of 11 % at this point. Another strong indicator is that Port Townsend's economy is doing well in 2024. 5 Real Estate Excise Taxes Real Estate Excise Taxes (REET) are collected from all real estate transactions. The utilization of this revenue is restricted to capital projects and projects identified in the capital facilities plan. Real Estate Excise tax is down as of December 3 1 " by 12% compared with 2023. However, while this is not great news it is better than last year significantly so, where the downward trend was at 26% from 2022. It is not a direct indicator of the economy in Port Townsend, but it is likely impacted by higher interest rates than in 2021 and early 2022. Business and Occupation Tax Another major revenue source for the General Fund is Business and Occupation Tax (B&O). Port Townsend collects this tax from businesses operating within city limits. For 2024, the budget for B&O tax was $3,905,702. The City of Port Townsend collected $4.4m or 12% over budget. This was an increase of 6.6% over 2023. 0 All Revenue The table below shows the current revenue received for 2024. The City received 86% of all budgeted revenues, which is in line with expenditures at 77% for 2024. Beginning fund balances are excluded from this table. Note: Revenues do not include the beginning balances for ease of reviewing current year revenue to budget estimates. r 1 1 J 1 l rrr ar rrr r t 1� t 11 11 l Ill 1111 l Revenues Year-to-date thru December Fund Types 2024 Budgeted YTD Revenues %Received General Fund 15,567,011.00 15,526,457.02 100% ..................................................................................................................... Drug Enforcement 0.00 0.00 0% Contingency Fund 45,000.00 54,199.15 120% ARPA 25,000.00 30,517.61 122% ..................................................................................................................... Street Operations Fund 1,771,003.00 1,707,693.55 96% ..................................................................................................................... Transportation Benefit Fund 626,500.00 731,985.79 117% Library Fund 1,262,705.24 1,272,819.27 101% Real Estate Excise Tax Fund 695,000.00 655,451.79 94% PW Admin..F.u.n............................................................. 0.00 0.00 0% Lodging Tax Fund 535,000.00 661,824.73 124% Fire and EMS Fund 0.00 503.05 0% Affordable Housing Fund 95,000.00 21,116.72 22% Community Dev Block Grants 20,000.00 33,898.89 169% Community Services Fund 3,017,012.00 3,164,883.47 105% G.O. Debt Service Fund 1,507,896.00 1,547,724.30 103% General CIP Projects 927,307.00 1,360,365.86 147% Street Vacation Proceeds 0.00 2,528.40 0% Street CIP Fund 6,338,539.00 4,806,898.04 76% 2015 GO Bonds 0.00 0.00 0% 201..7..GO Bond................................................................ 2,500.00 3,542.67 142% 2018 GO Bonds 5,000.00 6,692.64 1 34% 2020 GO Bond 0.00 0.00 0% Water Sewer Fund 10,716,086.00 11,960,184.90 1 1 2% Sto rm Ope ratio ns Fund 1,223,824.00 1,545,054.80 126% StormCapital FuInd 598,655.00 762,736.58 127% Water Se werCIP 7,295,215.00 569,763.40 8% 1956Transmission Line Fund 5,235,282.00 4,999,984.39 96% ...................................................................................................................... 2020 Water Revenue Bond 0.00 0.00 0% Golf Course Fund 21,000.00 10,055.96 48% Water/Sewer Debt Reserve Fund 1,536,329.00 150,978.67 10% System Development Charge 785,000.00 551,671.76 70% ...................................................................................................................... Fleet Replacement Fund 925,113.00 403,342.88 44% Fleet Operating & Maint. Fund 554,792.00 564,980.75 102% IT Operating & Maint. Fund 442,316.61 469,463.42 106% ...................................................................................................................... IT Re place ment Fund 46,600.00 46,630.46 100% .......... ............:............................................................................................... Public Works Admininstration 867,845.00 615,587.70 71% Engineering Services 1,879,091.00 1,402,996.65 75% Unemployment Self -Insurance 25,000.00 84.97 0% ...................................................................................................................... Refundable Deposits 0.00 0.00 0% Firemen's Pension Fund 36,000.00 48,244.50 134% Golf Course Fund 0.00 0.00 0% Custodial Fund 40,750.00 135,507.70 333% ...................................................................................................................... Refundable Surety Deposits 30,000.00 18,944.71 63% Memorial Fund................................................................ 0.00 0.00 0% Total Revenues $64,699,371.85 $55,845,317.15 86% 7 All Expenditures Expenditures were below budgeted expectations in 2024. The only funds that exceeded budget were Street Operations, GO Debt Service, Street CIP, IT Replacement and the Custodial Fund. These funds were included in the final budget supplement or rolled into larger funds. I I 1 f. t I / r f lllllllllllllll��l1111� 1 i ii I 1�11111�111�1/// . lll/////l ////I/ll I Expenditures Year-to-date thru December Fund Types 2024 Budgeted YTD Expenditures %Spent General Fund 1 8,01 9,841 .90 1 6,21 9,446.28 90% Drug Enforcement 0.00 0.00 0% ...................................................................................................................... Contingency Fund 0.00 0.00 0% ARPA 1,500,000.00 1,236,579.71 82% Street Operations Fund 1 ,61 4,21 0.43 1,712,002.74 1 06% .......................... ........................................................................................ Transportation Benefit Fund 626,500.00 485,727.79 78% Library Fund 1,246,433.43 1,195,411.99 96% Real Estate Excise Tax Fund 704,700.00 622,291 .86 88% PW Admin Fund 0.00 0.00 0% Lodging Tax Fund 530,11 7.00 457,81 7.26 86% Fire and EMS Fund 0.00 0.00 0% Affordable Housing Fund 92,896.00 84,459.04 91% ................................................................................................................... CommunityDev Block Grants 20,000.00 0.00 0% Community Services Fund 2,886,855.55 2,632,316.79 91% G.O. Debt Service Fund 1,068,180.11 1,081,058.80 101% General CIP Projects 942,051.00 520,796.32 55% Street Vacation Proceeds 0.00 0.00 0% Street CIP Fund 5,570,488.00 5,699,405.30 102% ...................................................................................................................... 2015 GO Bonds 0.00 0.00 0% 2017 GO Bond 74,000.00 50,309.34 68% 2018 GO Bonds 0.00 0.00 0% 2020 GO Bond 0.00 0.00 0% Water Sewer Fund 12,009,587.14 9,783,083.91 81% ..................................................................................................................... Storm Operations Fund 1 ,901 ,385.92 1,857,527.07 98% Storm Capital Fund 608,665.00 56,114.17 9% Water Sewer CIP 7,599,21 5.00 1,449,445.15 1 9% 1956Transmission Line Fund 2,065,745.00 1,026,872.37 50% 2020 Wate r Reve nue Bo nd 0.00 0.00 0% Golf Course Fund 21,000.00 9,657.34 46% Water/Sewer Debt Reserve Fund 1,668,518.81 1,288,737.12 77% System Development Charge 705,906.00 277,217.32 39% Fleet Replacement Fund 535,000.00 531,104.88 99% Fleet Operating & Maint. Fund 1,673,058.01 676,344.69 40% ................................................................................................................. . IT Operating & Maint. Fund 423,885.00 418,672.82 99% IT Re place mentFund 33,350.00 40,115.63 120% Public Works Ad mininstratio n 867,553.51 470,024.46 54% Engineering Services 1,214,864.44 1,121,449.28 92% ..................................................................................................................... Unemployment Self -Insurance 25,000.00 7,058.43 28% Refundable Deposits 0.00 0.00 0% Firemen's Pension Fund 26,360.00 13,078.49 50% Golf Course Fund 0.00 0.00 0% Custodial Fund 88,250.00 101,283.04 115% Refundable Surety Deposits 0.00 4,278.51 0% ...................................................................................................................... Memorial Fund 0.00 0.00 0% Total Expenditures $66,363,617.25 $51,129,687.90 77.0% 0 Wages and Benefits Below is a comparison of the total staff labor related costs (wages and benefits) for 2019 through 2025. 2024 is actual yearend numbers which are not audited but are not projected to see significant changes. The 2025 data is based on initial projections. The third table on page 12 shows the actual payroll expenses as of December 3 1 ", which are almost 16% ($2.3m) under budget. This is due to staffing shortages. $16,000,000 S`�alaries and �4,636,939 $14,000,000 $12,000,000 S12V,30 510 $8,000,000 $6,000,000 $4,000,000 $2,000,000 20.1.9 2020 202.1. 2022 2023 2024 2021.5 9 r, i f1 f II I I » I 1 >J f Jf J i ............. . . . . . . . Payroll Expenditures Year-to-date thru December Fund Dept 2024 Budgeted YTD Expenditures Variance %Spent 010 Oil 120,640.00 69,876.62 -50,763.38 57.92% 010 012 264,863,00 284,138,40 19,275,40 107,28% 010 013 312,247.00 215,839.35 -96,407.65 69.12% 010 014 74,999.00 74,162.73 -836.27 98.88% 010 015 344,321.00 318,869.57 -25,451 .43 92.61 % 010 022 1,296,421.00 1,202,302.19 -94,1 18.81 92.74% 010 041 644,768.00 511,864.72 -132,90328 7939% 010 051 868,417.00 756,401.14 -112,015:86 87:10% 010 r 054 2,419,894.00 1,769,427.98 -650,466.02 73.12% 010 r 080 300,834.00 302,531.82 1,697.82 100.56% General Fund $6,647,404.00 $5,505,414.52 -$1,091,226.10 82,82% 110 1 111 286,828.00 227,005.02 -59,822.98 79.14% Streets $286,828.00 $227,005.02 -$59,822.98 79,14% 120 1 120 731 ,752.00 689,964.74 -41 ,787.26 94.29% Library $731,752.00 $689,964.74 -$41,787.26 94,29% 150 1 150 75,199.00 74,163.26 -1,035.74 98.62% Lodging $75,199.00 $74,163.26 -$1,035J4 98,62% 199 091 569,674.00 442,373.23 -127,300.77 77.65% 199 132 558,869.00 400,610.45 -158,258.55 71.68% 199 134 168,200.00 162,581.55 -5,618.45 96.66% 199 140 0.00 0.00 0.00 0.00% Community Services $1,296,743.00 $1,005,565.23 -$291,177J7 77.55% 411 042 562,489.00 460,550.60 -101,938.40 81.88% 411 403 625,220.00 644,775.86 19,555.86 103.13% 411 404 555,452.00 477,561.55 -77,890.45 85.98% 411 405 665,905.00 435,730.75 -230,174.25 65.43% 411 406 312,328.00 276,764.74 -35,563.26 88.61 % 411 407 364,909.00 343,246.73 -21 ,662.27 94.06% Water Sewer $3,086,303.00 $2,638,630.23 -$447,672.77 85.49% 412 1 501 461,731.00 377,648.99 -84,082.01 81.79% Storm $461,731.00 $377,648.99 -$84,082.01 81,79% 510 1 600 254,597.00 260,415.59 5,818.59 102.29% Fleet Operating & Maint $254,597.00 $260,415.59 $5,818.59 102,29% 520 1 601 242,156.00 255,045.05 12,889.05 105.32% IT Operating & Maint $242,156.00 $255,045.05 $12,889.05 105.32% 540 1 401 520,643.00 321 ,675.62 -198,967.38 61.78% Public Works Admin $520,643.00 $321,675.62 -$198,967.38 61,78% 555 402 987,964.00 931,701.48 -56,262.52 94.31% Engineering Services $987,964.00 $931,701.48 -$56,262.52 94.31% 595 r 000 25,000.00 7,058.43 -17,941.57 28.23% Unemployment Self -Ins $25,000.00 $7,058.43 -$17,941.57 28,23% 610 700 25,000.00 11,718.53 -13,281.47 46.876 Firemen's Pension $25,000.00 $11,718.53 -$13,281.47 46.87% Total Expenditures $14,6411320.00 $,12,306,006,69 -$2,335,31131 84:05% 10 Debt and Investments The table below lists all the City of Port Townsend's investments. The city's investment portfolio has been modified in 2023 and 2024 to build a strong "ladder" to ensure necessary funding for capital projects cash flow challenges while also maximizing investment interest revenue opportunities. rrr frrrr J f�� girl! J � J 11111� l III i11 �l/ /llllil il% JJJJJ�JJJJJtI J JJ JJ � J�%�11%lll r 1 ll 1 ll l l 1 11111/11111//1111 1/�11 1 , ll ll 1 1 IIJ, I, I , , Portfolio Diversification Instrument Type Bank Interest Rate Percentage Amount 01 - US Treasury Note X3943 US Bank 2.625% 1 .57% 499,645.50 02 - Federal Farm Credit X6366 US Bank 5.1 25% 1 .57% 502,000.00 03 - Federal Home Loan X9395 US Bank 4.875% 3.14% 1,001,282.00 04 - Federal Home Loan X1818 US Bank 4.750% 3.13% 998,610.00 05 -Federal Home Loan X0123 US Bank 4.750% 1.58% 503,305.00 06 - Federal Farm Credit X1093 US Bank 1 .875% 2.95% 939,566.00 07 - Federal National Mortgage X2323 US Bank 3.000% 2.04% 649,530.90 08 - Federal Home Loan X0562 US Bank 4.375% 3.1 3% 998,475.00 09 - Federal Farm Credit X1819 US Bank 4.500% 3.14% 1,002,502.00 10 - Federal Farm Credit X2324 US Bank 0.000% 2.72% 867,508.00 11 - Federal Farm Credit X0139 US Bank 4.750% 3.18% 1,01 5,358.00 12 - Public Money Market X681 8 Kitsap 5.000% 23.50% 7,493,21 3.71 13 - Certificate of Deposit X4128 Kitsap 4.740% 6.68% 2,129,180.92 14 - Certificate of Deposit X5028 Kitsap 3.920% 6.71% 2,138,804.12 15 -State Investment Pool X01790 LGIP 5.429% 34.96% l l,146,059.70 Total Investments 100% $31,885,040.85 Cash in Bank Amount 01 - Demand Account X2611 8,421,393.87 02 -Travel Advance Account X5111 0.00 03 - Payroll Account X341 1 0.00 04 - Escrow Account X7911 26.07 05 - Petty Cash 0.00 06 - US Bank Safekeeping Account X4581 226,072.27 Net Cash in Bank $8,647,492.21 Total $40,532,533.06 11 The tables below show total debt and the debt payments for 2024. roir /iGii %rrrililtrfitr%%rrrrr iron City of Port Townsend Debt Schedule - Balances thru December Start Final Payment Total Current Date Date Total Principal Interest Debt Service Balance LTGO and Ref 2017A (BQ) 2008 Refi - Non Taxable Bond 12/1/2017 12/1/2035 0.00 365,900.00 365,900.00 9,1 55,000.00 LTGO and Ref Bond 2020 2010 Refi 12/1/2010 12/1/2040 307,200.00 45,062.42 352,262.42 2,440,000.00 UTGO 2015 Bonds Mountain View Improvements 12/1/2015 12/1/2031 220,000.00 81,000.00 301,000.00 1,805,000.00 LTGO 2018 Homeward Bound Debt Svs. 12/1/2018 12/1/2040 30,760.22 31,136.16 61,896.38 692,621.04 Water and Sewer Revenue Bond 2020 12/1/2020 12/1/2040 85,200.00 33,742.68 118,942.68 1,581,800.00 Total 643,160.22 556,841.26 1,200,001.48 15,674,421.04 City of Pon Townsend Debt Schedule - Payments thru December .. 2024 2025 2026 2027 2028 2029 2034 2039 2040 LTGO and Ref 2012 LTGO 2017B (2008 Refi) LTGO and Ref 2017A 36S,900.00 39S,900.00 965,000.00 966,000.00 966,000.00 96 S,000.00 6,240,600.00 1,320'800.00 LTGO and Ref Bond 2020 3S2,262.42 3S4,714.S8 3S6,S40.38 3S2,S38.24 3S3,077.28 3S2,811.48 S78,235.68 276,813.12 55,355.12 UTGO 2015 Bonds 301,000.00 302,200.00 303,000.00 298,400.00 298,600.00 298,400.00 604,400.00 LTGO 2018 61,896.38 61,896.38 61,896.38 61,896.40 61,896.38 61,896.38 309,481.91 309,481.94 30,91 S.2S Water & Sewer Revenue Bond 2020 118,942.68 118,879.92 118,912.28 118,908.92 118,874.08 118,876.08 S94,S11.S0 594,69S.40 118,911.60 :: 1,200,001 .48 1,233,590.88 1,805,349.04 1,797,743.56 1,798,447.74 1,796,983.94 8,327,229.09 2,501,790.46 205,181.97 L ehl sc edl.He 6.0(10 00(i .... .... .... ........... ............ .....i.[-1_� ............ ............ ......... ........... ........... ................. S} (I(I 0(I(I — — — — — — — — — — — — 2024 J02ti 2()26 J027 2()28 2()29 2034 )039 2040 • I It 0ane1 Ref 1011 ® I IG01017B()008 Re f 0 II(:, 0 ar i d Ref 2017A0 1 It, 0 an 0 Ref B,,Id 0)0JIt 0201 Bc,,Id LTt:()2018iiiiii wato I&SeweI ke \(Q Il le B0 Id 2020 12 City0f Port Townsen Agenda Bill AB25-027 Meeting Date: March 17, 2025 Agenda Item: Vill. D ® Regular Business Meeting ❑ Workshop/Study Session ❑ Special Business Meeting Submitted By: Michael Todd, Facilities and Parks Manager & Melody Sky Weaver Director Date Submitted: March 11, 2025 Department: Community Service Director Contact Phone: 360-379-5090 SUBJECT: Authorizing the City Manager enter small works contract with Alpha Development and to execute all contracts to complete the Pink House Restoration project not to exceed $253,000.00 CATEGORY: ❑x Consent ❑ Resolution Staff Report ❑ Ordinance Contract Approval ❑ Other: BUDGET IMPACT: N/A Expenditure Amount: $ 228,000.00 Included in Budget? Yes ❑x No ❑ Public Hearing (Legislative, unless otherwise noted) 3-Year Strategic Plan: 6 - Provide for a healthy City organization Cost Allocation Fund: 199 Community Services SUMMARY STATEMENT: In 2023 after further investigation and an overall assessment of the facility, it was determined that the Charles Pink House is suffering from severe exterior deterioration. Partly due to rain gutter collection system that failed, deferred maintenance on the building and the climate that it is exposed to (sun, wind, rain, salt). The siding, soffits, roof, porches and trim have all reached their designed useful life expectancy and are quickly melting in our damp climate. The City has evaluated the repair costs and will be making repairs to the degree that funding is available. This budget transfers revenues from REET and includes generous support from the Port Townsend Library Friends and Foundation. In the March 2024 Historical Preservation Committee meeting this project was presented and recommended by the board to move forward with the restoration with these suggestions in mind: The Standards for Rehabilitation comprise that section of the overall preservation project standards and addresses the most prevalent treatment. "Rehabilitation" is defined as "the process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values." The Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines for Rehabilitating Historic Buildings as stated in the definition, the treatment "rehabilitation" assumes that at least some repair or alteration of the historic building will be needed to provide for efficient contemporary use; however, these repairs and alterations must not damage or destroy materials, features or finishes that are important in defining the building's historic character. The Standards for Rehabilitation comprise that section of the overall preservation project standards and addresses the most prevalent treatment. "Rehabilitation" is defined as "the process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values." How we got here: Constructed in 1868 in the Late Greek Revival style of architecture, it is one of the last remaining houses of its kind in the state. Built by Horace Tucker, who is known for building many of the oldest houses in Port Townsend, the house was purchased by Charles Pink in 1874. The City of Port Townsend purchased the Pink House in 1981 for the purpose of serving as an expansion to the adjacent Carnegie Library. Because of difficult economic times, the City lacked the funds to rebuild the dilapidated structure. In exchange for a complete restoration of the building, the City gave a long-term lease on the building to Little and Little Construction. After massive renovation, the building was leased out until 2003 when the lease expired, the City regained control of the building. It then served as the administration house for the local fire department. The library took over the house in 2007 and uses it to supplement the Carnegie Library. First floor program and public meeting spaces with a Friends of the Library Book Shop and second floor offices give the library needed flexibility in offering services to the public. Budget and Accounting: Revenue: REET - $188,000.00 Friends of Library - $65,000.00 Exp. Est. $178,013.49 Est. $50,000.00 on unforeseen repairs Schedule: Timeline for this project is set to being early April or May with completion by end of July or early September. Staff are recommending the City Council pass this resolution authorizing the city manager to execute all contracts associated with the Pink House Restoration Project. ATTACHMENTS: CITY COUNCIL COMMITTEE RECOMMENDATION: N/A RECOMMENDED ACTION: If adopted as part of the Consent Agenda, no further action is needed; this effectively represents unanimous approval to authorize the City Manager to execute all contracts to complete the Pink House Restoration project not to exceed $253,000.00 ALTERNATIVES: ❑x Take No Action ❑ Refer to Committee ❑x Refer to Staff ❑ Postpone Action ❑ Remove from Consent Agenda ❑ Waive Council Rules and approve Ordinance ❑ Other: City0f Port ' m�10 Townsen Submitted By: Emma Bolin/ Steve King Department: PCD/ Public Works Agenda Bill AB25-028 Meeting Date: March 17, 2025 Agenda Item: Vill. E ® Regular Business Meeting ❑ Workshop/Study Session ❑ Special Business Meeting Date Submitted: 3-12-2025 Contact Phone: 360-390-4048 SUBJECT: Final Planned Unit Development for Madrona Ridge Phase I. This is a closed record action for the City Council per PTMC 20.01.040 as a Type IV permit process. CATEGORY: ❑x Consent ❑x Resolution BUDGET IMPACT: Expenditure Amount: $ N/A ❑ Staff Report ❑ Ordinance Included in Budget? Yes ❑ No ❑x ❑ Contract Approval ❑ Other: Discussion Item ❑ Public Hearing (Legislative, unless otherwise noted) ❑ 3-Year Strategic Plan: N/A Cost Allocation Fund: Choose an item, SUMMARY STATEMENT: State law limits development proposals to a single public hearing which was held on March 8, 2022 and continued March 14, 2022. Following consideration of city code and public comments, the City of Port Townsend Hearing Examiner approved on March 28, 2022 the Preliminary plat for a Planned Unit Development of property known as Madrona Ridge PUD. The process relies on the Hearing Examiner conditions of approval. Once the conditions of approval have been met, the final plat approval is warranted per state law. PCD and PW staff have been working closely to ensure compliance and consistency with all approvals and conditions of approval under the Preliminary requirements of the Hearing Examiner conditional approval, SEPA Conditions of Approval and the Director's Conditions of Approval modifying the PUD into phases. Files Nos. LUP 21-064, LUP21- 066 and subsequent LUP 22-045. Per Washington State laws and Port Townsend Municipal Code tonight's action is a quasi-judicial action that limits the Council from taking any additional testimony on the project. PCD reviewed the required conditions, landscaping plan, Declaration of Covenants, Conditions, and Restrictions (CCR&S) and Planned Unit Development Agreement (PUDA) in accordance with PTMC Titles 17 and 18 for compliance and finds the revised materials attached meet the criteria of approval and furthermore, makes a recommendation to City Council to approve as presented this evening as required under PTMC 20.01.040. ATTACHMENTS: Exhibit A: Resolution No. 25-007 with associated exhibits. CITY COUNCIL COMMITTEE RECOMMENDATION: N/A RECOMMENDED ACTION: If adopted as part of the Consent Agenda, no further action is needed; this effectively represents unanimous of Resolution 25-007 Approving Final Plat and PUD for Madrona Ridge Phase 1 Application, Located in Jefferson County Tax Parcel NOS: 001091002; 001092005; 001092006; 973800201; 973800301. ALTERNATIVES: ❑ Take No Action ❑ Refer to Committee ❑ Refer to Staff ❑x Postpone Action ❑x Remove from Consent Agenda ❑ Waive Council Rules and approve Ordinance ❑ Other: Resolution 25-007 RESOLUTION NO. 25-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, APPROVING FINAL PLAT AND PUD FOR MADRONA RIDGE PHASE 1 APPLICATION, LOCATED IN JEFFERSON COUNTY TAX PARCEL NOS: 001091002; 001092005;001092006;973800201;973800301. WHEREAS, on March 28, 2022, the Hearing Examiner for the City of Port Townsend conditionally approved the PUD and Associated Plat and SEPA Review under File No: LUP 21-064, LUP 21-066 and LUP 21-068; and WHEREAS, an application for a minor amendment was approved with conditions on August 11, 2022 under Port Townsend File No. LUP 22-045; and WHEREAS, on June 14, 2024, the applicant received Civil Plan approval to begin work on constructing the roads and the public and private infrastructure required in the preliminary PUD approval under SDP File No. 24-043; and WHEREAS, on January 7, 2025, under File No. LUP25-003, the City of Port Townsend accepted a complete application for a Final PUD Approval; and WHEREAS, the applicant has submitted a bond for remaining public infrastructure to be completed as identified in SDP24-043; and WHEREAS, the final drawings of the proposed final plat/PUD and requested documents were circulated to the appropriate departments of the City and recommendations for approval were obtained; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Townsend, hereby resolves as follows: Section 1. Findings: The City Council hereby finds that, pursuant to Port Townsend Municipal Code Title 17 and Title 18, the Madrona Ridge Phase I - Final PUD (Exhibit A): 1. Meets all general requirements for plat approval as set forth in Chapter 17.32 PTMC, General Requirements for PUD Subdivision Approval; 2. Conforms to all terms of the preliminary plat and preliminary PUD approvals; and 3. Meets the requirements of Chapter 58.17 RCW, other applicable state laws, Title 18 PTMC, and all applicable ordinances which were in effect at the time of preliminary approval. Section 2. Approval Conditions: The City Council hereby approves Madrona Ridge Phase 1 Final PUD under File No. LUP 25-003, subject to the following conditions: 1. The Madrona Ridge Property Use and Development Agreement for Phase 1 final PUD along with Exhibits A (Legal Description) and Exhibit B (Conditions of Approval Report, Dated January 3, 2025 by Barghausen) shall be signed and recorded with the Resolution 25-007 County Auditor prior to recording the final plat. (Exhibit B) 2. The Declaration of Covenants, Conditions and Restrictions for Madrona Ridge Phase 1 Final PUD shall be recorded with the County Auditor prior to recording of the final plat. (Exhibit C) Section 3. The City Council directs all appropriate City officials to inscribe and execute the City's written approval on the face of the plat. Section 4. The Applicant shall record the final plat with the County Auditor, after all inspections and approvals, and after all fees, charges and assessments due to the City resulting from the subdivision development have been paid in full. ADOPTED by the City Council of the City of Port Townsend at a regular meeting thereof, held this 17th day of March 2025. David J. 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RECITALS: A. The Developer owns certain real property situated in the City of Port Townsend, Jefferson County, Washington which lies north of Discovery Road along both sides of Rainier Street. West of Rainier Street and north of unopened 15th Street are three (3) un-platted parcels. Jefferson County tax parcels for this area are 001091002 (20.73 acres), 001092005 (6.27- acres), and 001092006 (7.4-acres). It contains one existing single-family residence addressed as 1601 Rainier Street. East of Rainier Street and north of unopened 15th St. are Blocks 2 and 3 of the Motorline Addition. This area is vacant and totals roughly 2.14 acres (minus right-of-way being vacated). Jefferson County tax parcels for this area are 973800201 and 973800301. Full legal descriptions can be found on Exhibit A. B. The Developer has petitioned the City in accordance with Chapter 17.32 of the Port Townsend Municipal Code for approval to develop the property described above, as a Planned Unit Development; and C. The City has reviewed the petition of the Developer and has determined that the proposed Planned Unit Development conforms with the general purpose and specific criteria of Chapter 17.32 of the Port Townsend Municipal Code (PTMC); and D. Certain conditions are necessary and proper to assure development of the Planned Unit Development in compliance with accepted principles of land use planning, the requirements of Chapter 17.32 and all conditions of approval; and E. The Developer, as its free and voluntary act, has agreed to the conditions proposed by the City and both parties wish to memorialize their agreement through this document, pursuant to the terms specified in PTMC 17.32.120; and F. The Port Townsend Hearing Examiner granted preliminary approval of the proposed Plat and Planned Unit Development (PUD), subject to certain conditions on March 28, 2022 (the "preliminary Plat and PUD approval"); and G. On August 11, 2022, the Port Townsend Planning & Community Development Director approved a Minor PUD/Plat Modification to allow phasing of the development (LUP22-045); and H. The Planned Unit Development is subject to a set of conditions and restrictions, as set forth in the Hearing Examiner decision and subsequent Minor Modification approval (Exhibit B), which establishes the responsibility of the owners, and their successors and assigns. Those conditions are reflected in this Agreement. 2 NOW, THEREFORE, in consideration of the mutual promises in this Agreement, the parties agree as follows: 1. Approval. The property described above may be developed in a manner consistent with the developer's application (except as modified by preliminary or final PUD approval, or this Agreement), and in accordance with the terms and conditions imposed by this Agreement, the terms and conditions of the Hearing Examiner's decision dated March 28, 2022 and Minor Modification approval dated August 11, 2022, and the building, site and operational plans, on file with the City as referenced below: • The Plat of Madrona Ridge, AFN Records of Jefferson County • LUP21-066 Site Plan • LUP21-066 Hearing Examiner Decision • LUP21-066 Preliminary Plats Maps • LUP21-064 MDNS • LUP21-066 Traffic Analysis • LUP21-066 Wetland Report • LUP21-066 Preliminary Tree Conservation Plan • LUP22-045 Minor PUD Amendment — Phasing Modification • SDP24-043 PUD Phase 1 Approved Plans • GRD24-004 Madrona Ridge PUD Phase 1 and 2 Grading Plans • GRD24-004 Signed Grading Permit • GRD24-004 Landscaping Plans 2. Project. Madrona Ridge is a 167-lot single-family residential Planned Unit Development (PUD) on over 39 acres located along both sides of Rainier Street and north of the Discovery Road roundabout. The project includes multiple storm pond tracts, open space tracts, and trail connections which are subject to the maintenance provisions set forth in this Agreement. 3. Uses. Allowed uses include detached single-family residences and all other uses permitted unconditionally in the underlying R-II and R-III zones as set forth in PTMC Table 17.16.030, as it exists now or is hereinafter amended. 4. Modified Site Development Standards. The development standards described in the table below have been modified by and incorporated as part of the PUD approval; all other bulk and dimensional requirements of the R-II and R-I1I zones as set forth in PTMC Table 17.16.030, as it exists now or is hereinafter amended, will be met by the proposed development. Development Approved Modification Standard Road Standards 1. All public local access roadways except Madrona Boulevard will have 40' wide rights of way and a modified street section as shown in approved plans 3 2. Three (3) new private driveways serving a total of 14 lots with 20' wide road section 3. A minimum 5 ft. building setback from Tracts J thru O (totaling 15 ft of setback from Madrona Blvd. ROW which includes a 1 ft. separation from the edge of the Multi -Use Trail Lot Standards 1. Reduced minimum lot sizes with a 3,600 sq. ft. minimum 2. Side yard setback reductions from a combined 15' to a minimum of 5' on each side except 10' if abutting a ROW 3. Front yard setback reductions down to 10' except where a garage door faces front in which case the front setback will be 20' 4. Maximum lot coverage permitted on all lots modified to allow 45% 5. Relief from Daylight Plane requirements for new residential structures as typically prescribed under PTMC 17.16.030D 5. Maintenance Responsibilities. Long term maintenance responsibility for infrastructure and improvements shall be as follows: a. Streets Driveways Sidewalks & Trails The City of Port Townsend shall maintain all vehicular travel lanes of public streets. The three (3) private driveways shall be maintained by the adjoining lot owners and/or HOA. All Multi -Use pathways and sidewalks within public rights -of -way shall be maintained by the HOA; however, abutting lot owners shall be responsible for cleaning these areas per PTMC 12.12.030. The HOA shall maintain all other trails within the development. The HOA shall maintain all street lights and street landscaping required for approval. b. Stormwater Drainage Maintenance of all stormwater facilities shall fall under the HOA's purview unless the City accepts them as part of dedicated infrastructure during future approvals. 6. Amendments. Future modifications or amendments to this Agreement and the PUD approval are subject to the regulations in effect at the time such modification or amendment is sought. The remainder of this Agreement summarizes the conditions of Plat and PUD approval. 7. Final Plat Map: A map of the final Plat of Madrona Ridge has been filed under Auditor's File No. as required by municipal code and indicates the precise location of all required dedications, easements, existing and proposed utility easements and open spaces as set forth in these conditions of approval. Interior streets, walkways and trails within public easements shall be open to the public and signed accordingly at all times. All required infrastructure improvements and the subsequent Street and Utility Development permits have been obtained and installed (or bonded for) and, where necessary, have been accepted by the City. 0 Clearing and Grading. The Developer has submitted and had approved a clearing, grading and vegetation retention plan that complies with the conditions of preliminary Plat and PUD approval. The plan demonstrates compliance with the City's Engineering Design Standards, and the Department of Ecology Stormwater Management Manual (DOE SWMM) approved for use by the City, for clearing, grading and erosion control measures. The plans are on file with the City under File No. GRD24-004. 9. Street and Utility Development. The City has reviewed and approved plans for Phase 1 street improvements in compliance with the City's Engineering Design Standards (EDS), and the conditions of preliminary Plat and PUD approval. The plans and approval are on file with the City under File No. SDP24-043 which contains all City -approved engineering for roads, utilities, stormwater drainage and non -motorized pathways. 10. Landscaping Plan. A final Landscaping Plan and Tree Conservation Plan has been reviewed and approved pursuant to the conditions of the Hearing Examiner's decision. Per the SEPA review completed for Madrona Ridge, the following mitigations are applicable as on -going obligations for the project: a. All landscaping shall be continually maintained in a healthy growing condition by the property owner. Dead or dying trees, shrubs or groundcover shall be replaced immediately, and the planting areas shall be routinely maintained. Revisions to the approved Project Landscaping Plan may also be required if the Director determines that the installed landscaping has failed to perform as designed; b. For landscaping required within the adjoining street rights -of -way and/or within public easements or surrounding the four (4) storm ponds, the applicant has provided a 3-year financial guarantee for their survivability. Trees or other approved plantings that die or become diseased within the guarantee period shall be replaced by the HOA and shall initiate a subsequent 3-year period starting on the date of replacement; c. With each application for building permit within the development, a Tree Conservation Plan Affidavit together with a site plan showing the type, number and location of trees and/or other vegetation to be retained or planted on the subject lot shall be submitted. The proposed individual lot plantings shall be based upon the required Project Landscaping Plan subject to any subsequent modifications approved by DSD. d. Landscaping per the approved Tree Conservation Plan Affidavit for each individual lot shall be installed prior to issuance of a certificate of occupancy or a performance security shall be obtained by the DSD Director. The amount of the performance security shall be based upon the current cost estimate of all plant materials and landscape construction costs. The performance security shall consist of a performance bond in a form acceptable to the City Attorney and in an amount acceptable to the Director. Cash deposited in an escrow account may also be accepted by the City. All required plantings shall be installed within six months of approving the performance security, unless an extension is agreed to in writing by the City. 11. Development In Accordance with Site Plan. Development of all individual lots shall be carried out in conformance with the PUD site plan, and consistent with the conditions contained herein. Variances may be approved under the provisions of PTMC 17.86 in effect on the date a completed application for a variance is accepted by the City. In accordance with PTMC 17.32.060.D (as it exists now or may be hereinafter amended), Developer shall ensure that the following language is included on every sales agreement and title to each property: "This property is part of a planned unit development, which is an innovative residential development. Residences must be constructed, and building permits may only be issued for, structure types and placements as shown on the planned unit development plan on file with the City of Port Townsend." 12. Covenants Running with the Land. The obligations of Developer and of each individual property owner contained in this agreement shall be covenants running with the land and shall be binding upon and shall inure to the benefit of all successors, heirs, and assigns. This Agreement, including all attached exhibits, shall be recorded with the Jefferson County Auditor upon execution. 13. Voluntary Act. Developer agrees to all of the conditions and obligations evidenced in this Agreement as a free and voluntary act and acknowledge that this is a voluntary agreement consistent with the provisions of RCW 82.02.020. 14. Estoppel Certificate. The Developer may from time to time need to obtain an estoppel certificate from the City indicating whether the City agrees that the Developer is fully in compliance with all of the terms and conditions of this Property Development Agreement to facilitate sale of any portion of the property or to facilitate financing of development of the property. The City shall, within 30 days from the date of a written request for an estoppel certificate, furnish written confirmation that, as of the date of the estoppel certificate, the Developer is in compliance with all requirements of this agreement or, if not, shall state with particularity, why not. The Developer shall make payment to the City, at the time the Developer submits the written request, in the amount of $100 to produce the estoppel certificate. Any time necessary by the City to produce the certificate in excess of one hour will be billed to Developer in the amount of $76 per hour or the current rate for staff time as established by City Council. In cases where an excess of one hour is required to produce the estoppel certificate, the City will provide an itemized accounting of the time accrued to Developer. 15. Remedy. In addition to any other remedy the City may have for breach of this Agreement, any violation of this Agreement constitutes a violation of the zoning code of the City and may be enforced as a zoning code violation according to procedures in the PTMC as amended. [SIGNATURE PAGES FOLLOW] on Lennar Northwest, LLC, a Delaware limited liability company By: LA 4 kvL. Its: -i T— [Notary stamp inside 1 " margin] STATE OF WASHINGTON ) )ss. COUNTY OF -VAW(X This record was acknowledged before me on -A tk , by l & as u-�'uek- xv- A- of Lennar Northwest, LLC, a Delaware limited liability company. �`C ti e e� l�''.,®®®�® rint Name] , &I b®®®,•`` 4°° •.,•, NOTARY PUBLIC in and for the State of Washington, o .: o n- SZEN = My appointment expires: (C 2� 2 a r®®Oj�'' ff�s;�` Frye®® CITY OF PORT TOWNSEND By: Its: [Notary stamp inside 1 " margin] STATE OF WASHINGTON ) )ss. COUNTY OF JEFFERSON ) This record was acknowledged before me on as Washington municipal corporation. by of the City of Port Townsend, a [Print Name] NOTARY PUBLIC in and for the State of Washington, My appointment expires: EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Exhibit A �PARCEL A: THAT PORTION OF THE EAST 1/2 OF THE NORTHWEST 1/4 AND THE WEST 1/2 OF THE NORTHEAST 1/4 OF SECTION 9, TOWNSHIP 30 NORTH, RANGE l WEST, W.M, IN JEFFERSQN COUNTY, WASH|NGTQN, MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHEAST 1/4 THENCE ALONG THE WEST LINE OF SAID NORTHEAST 1/4^ SOUTH 02' 01^ 49° WEST 551.99 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 80` 42' 53^EA3T, 73,4.67 FEET; THENCE SOUTH 41~ 36,' 25^EAST, 347.48 FEET; THENCE SOUTH Al~ 4K 56^WE3T, 7�.98 FEET; THENCE SOUTH 14` 23' 53°EA5T. 108.31 FEET TO THE WESTERLY MARGIN OF RAINIER STREET (ALSO KNOWN AS RDY STREET) AS ESTABLISHED PER THE PLAT OF MOTOR LINE ADDITION AS RECORDED IN VOLUME 2 OF PLATS, PAGE 10. RECORDS OF JEFFERSQN C0UNTY, WASH|NGTON| THENCE ALONG SAID WESTERLY IMARG|N, SOUTH QV 40' 58" WEST, 858,88 FEET TO THE NORTHERLY MARGIN OF 15TH STREET (ALSO KNOWN AS DREQDN STREET) AS PLATED IN GLENW0DD AQD17DW TO THE CITY OF PORT TOvVNSEND, AS PER PLAT RECORDED IN VOLUME l OF PLATS, PAGE 52, RECORDS OF JEFFERSQN CQUNTY, WASH|NGTDN; THENCE ALONG SAID NORTHERLY MARGIN, NORTH 88' 30' 10"^ WEST, 5.14 FEET; THENCE NORTH 01' 29' 50~EAST. 28.00 FEET; THENCE NORTH 88' 30,' 10~WEST. 16�9.43 FEET; THENCE NORTH 02' 81' 49~EAST, 111.53 FEET; THENCE NORTH 07 58' 11"WEST 55.00 FEET; THENCE NORTH 02' 01' 49"EAST. 257.03 FEET; THENCE NORTH 42' 48' 3/"WEST, 112.82 FEET; THENCE NORTH 87' 58' 11~WEST, 50.44 FEET; THENCE NORTH 02' 01' 49~EAST, 98.00 FEET; THENCE NORTH 87' 58' 11~WEST, 75.00 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY 23.56 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAV�NQ A RADIUS OF 15.00 FEET, THROUGH A CENTRAL ANGLE OF 90^ DO' QQ"; THENCE NORTH �87' 5@' 11"WES,T, 401.00 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY 23.58 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 15.00 FEET' THE RADIUS POINT OF WHICH BEARS NORTH 87` 58' 11'`WEST, THROUGH A CENTRAL ANGLE OF 99 QD' 00'`TD A POINT OF TANGENCY; THENCE NORTH 87' 50, 11°WEST, 15�0.00 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY 23.58 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAV�NG A RADIUS OF 15.00 FEET' THROUGH A CENTRAL ANGLE OF gQ~ DO' DO'^| THENCE NORTH 87' 58' 11~WEST, 40.00 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY 23.58 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 15.00 FEET, THE RADIUS POINT OF YVU|CU BEARS NORTH 87' 58` 11"WZ3T, THROUGH A CENTRAL ANGLE OF SO^ 00^ QQ^TO A POINT OF TANGENCY; THENCE NORTH 87' 58' 11^'WEST, 461.35 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY 23.50 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 15.00 FEET, THROUGH A CENTRAL ANGLE OF 90~ OD' 00"; THENCE NORTH 87' 58, 11^'WEST' 40.00 FEET TO THE POINT OF CURVATURE; THENCE NORTHWESTERLY 23.56 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 15.00 FEET, THE RADIUS POINT OF WHICH BEARS NORTH 87^ 58` 1l'^VVEST, THROUGH & CENTRAL ANGLE OF 90^ OO' 08'`TQ A POINT OF TANGENCY; -30- THENCE NORTH 87' S' 11 "WEST, 461.35 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY 23.56 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 15,00 FEET, THROUGH A CENTRAL ANGLE OF 90' 00' 00"; THENCE NORTH 87' 58' 1 1 " WEST 40.00 FEET TO THE POINT OF CURVATURE; THENCE NORTHWESTERLY 23.56 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 15.00 FEET, THE RADIUS POINT OF "WHICH (REARS NORTH 87` 58' 1 1 "'WEST. THROUGH A CENTRAL ANGLE OF 9^0' 00' 00"TO A POINT OF TANGENCY; THENCE NORTH 87` 58' 11"WEST, 90.12 FEET TO THE WEST LINE OF THE EAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID NORTHWEST 1/4 OF SECTION 9; THENCE ALONG SAID WEST LINE, NORTH 02' 02' 22" EAST, 401.85 FEET TO THE NORTHWESTERLY CORNER OF SAID SUBDIVISION; THENCE ALC')ING THE NORTHERLY LINE OF SAID SUBDIVISION, SOUTH 88' 36 27"EAST, 336.42 FEET TO THE EAST LINE OF THE SAID NORTHWEST 1/4 OF SECTION 9; THENCE ALONG SAID EAST LINE, NORTH 02` 01' 49" EAST, 108.65 FEET TO THE TRUE POINT OF BEGINNING, BEING SHOWN AS NEW PARCEL A ON SURVEY RECORDED APRIL 27„ 2023 UNDER RECORDING NO. 659984, AS DESCRIBED AS NEW PARCEL A IN BOUNDARY LINE ADJUSTMENT STATEMENT OF INTENT RECORDED APRIL 27„ 2023 UNDER RECORDING NO, 659985, BOTH RECORDS OF JEFFERSON COUNTY„ WAS4NGTON, PARCEL E: THAT PORTION OF THE EAST 1 /2 OF THE NORTHWEST 1/4 AND THE "WEST 1 /2 OF THE NORTHEAST 1/4 OF SECTION 9, TOWNSHIP 30 NORTH, RANGE 1 WEST, W'.M., IN JEFFERSON COUNTY, WASHINGTON, BEING DESCRIBED AS (PARCEL B OF BOUNDARY LINE ADJUSTMENT RECORDED APRIL 27, 2023 UNDER RECORDING NO. 659985, IRECORDS OF JEFFERSON COUNTY, WASHINGTON. PARCEL C: THAT PORTION OF THE EAST 1 /2 OF THE (NORTHWEST 1/4 AND THE WEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 9, TOWNSHIP 30 NORTH, RANGE 1 WEST, W.M., IN JEFFERSON COUNTY, WASHINGTON, BEING DESCRIBED AS NEW PARCEL C ON SURVEY RECORDED APRIL 27, 2023 UNDER RECORDNG NO. 659984, AS DESCRIBED AS NEW PARCEL C IN BOUNDARY LINE ADJUSTMENT STATEMENT OF INTENT RECORDED APRIL 27, 2023 UNDER RECORDING NO. 659985, BOTH RECORDS OF JEFFERSON COUNTY, WASHINGTON. PARCEL D: BLOCKS 2 AND 3, MOTOR LINE ADDITI0N TO THE CITY OF PORT TOWNSEND, ACCORDING TO THE PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 10, (RECORDS OF JEFFERSON COUNTY, WASHINGTON. PARCEL E: EASEMENT CREATED BY TEMPORARY CONSTRUCTION LICENSE AND PERMANENT EASEMENT AGREEMENT DATED MARCH 4, 2024 AND RECOIRDEI':) MARCH J, 2024 UNDER JEFFERSON COUNTY A01)7OR"S RECORIDING NO. 664926 BEING A RE-RECORDING OF RECORDING NO, 664920. ALL SITUATE IN THE COUNTY OF JEFFERSON, STATE OF WASHINGTON, -31 - 4935-3867-9301, v. 7 EXHIBIT B CONDITIONS OF PLAT APPROVAL COMPLIANCE CONFIRMATION 10 lilB A R G W A U S E N CORE A DIVISION OF CORE STATES GROUP STATES RECEIVED L,925 C ITY OF PORT TOIWNS EN D 08D 1.0 PRELIMINARY PLAT, PUD, PLAT VACATION AND CRITICAL AREAS APPROVAL CONDITIONS 2.0 MINOR PUD/PLAT MODIFICATION CONDITIONS 3.0 SEPA MDNS REQUIRED MITIGATION MEASURES 1.0 Preliminary Plat, PUD, Plat Vacation and Critical Areas Approval City File Nos. LUP21-064 and LUP21-066 though LUP21-068 Decision Issued March 28, 2022 General 1. Development shall be carried out in substantial conformance with the revised preliminary Plat/Plat Vacation and PUD site plans, the PUD Narrative and Stormwater Report (Ex. A, B & D), and the preliminary Tree Conservation Plan (Ex. E) except where modified by these conditions of approval or by the subsequent Street and Utility Development permit (SDP). The Plat Vacation portion of this approval includes the alley in Blocks 2 and 3 of the Motorline Addition together with all of the 16th St right-of-way, Response: Acknowledged. 2. All mitigations as set forth in the SEPA MDNS (Ex. /) are hereby considered conditions of preliminary Plat/ Plat Vacation and PUD approval. Response: Acknowledged. 3. The Madrona Ridge approval includes the requested PUD modifications set forth below. • Aside from Madrona Boulevard, all other public local access roadways would have 40' wide ROWs and a modified T-8 street section as shown in Ex. B. The arrangement of street trees may be flexed as pail of the Street and Utility Development Permit process to achieve an attractive streetscMe aesthetic and efficient &ivewav arrangement. • Three (3) new private driveways serving a total of 14 lots. The road section width in these driveways would be 20'. • Reduced minimum lot sizes with a 3,600 sq. ft. minimum. • Side yard setback reductions from a combined 15'to a minimum of Yon each side except 10' if abutting a ROW • Front yard setback reductions down to 10' except where a garage door faces front in which case the front setback will be 20'. • Maximum lot coverage permitted on all lots modified to allow 45%. • Relief from Daylight Plane reguirements for new residential s!qjLturgs as tvDically rescribed under PLMC 17.1,& 030D. Response: The applicant agrees with the PUD modifications described above with the clarification that the 20' front yard setback for garages only applies to the garage, not the entire building, which can remain at 10' 4. The three (3) alleys shown on the revised preliminary Plat plans (Ex. B) will be privately maintained by the adjoining owners and/or HOA but they must also be publicly accessible to non -motorized users where the driveways connect to open space trails. This maintenance obligation shall be placed into a set of Covenants, Conditions and Restriction (CCR's) and referenced in the resulting PUD Agreement. Response: Maintenance obligations of the shared access tracts for all phases will be the responsibility of the HOA and are described in the CC&Rs and PUD agreement. 5. An appropriate entity (e.g. a Homeowners Association; HOA) must be established as part of the final Plat/Plat Vacation and PUD review process and assigned responsibility for on -going long term maintenance, liability and tax responsibility of all on -site, non-public amenities including but not limited to stormwater facilities, open space Tracts and landscaping (including street trees and stormwater pond plantings), all non -hard surfaced trails which do not meet approved City Madrona Ridge - 1 - 07-H EX Conditions Compliance-2024-12-31 standards, and privately maintained underground utilities. The approved responsible entity must be acceptable to the City DSD Director and referenced in all appropriate documents tiled for recording that are associated with the final Plat/Plat Vacation Response: An HOA has been formed and assigned responsibilities as described above. HOA documents, including CC&Rs have been provided to the City for review and approval prior to recording of final plat. 6. Tracts J thru O reserved for the mu& u6e Multi -Use pathway on the north side of Madrona Boulevard will be maintained by the Madrona Ride HOA. A minimum 5 ft. building setback from the referenced Tracts must maintained(totaling 15 ft of setback from Ma ions Bivd. RO W w ich includes a 1 f1. a aration fr m the edge of the Multi-U;se Trail and call@d out on the ta ce of the P i Plat the PUD A reement and final CC R'�s. was As with all sidewalks within the project, the abutting lot owners are responsible for cleaning of the non - motorized improvements per PTMC 12.12.030. Response: Acknowledged. A building setback line has been added to the final plat. 7. Applicant's offer to convey Tract D/Storm Pond 4 and Open Space Tract E to the City is acceptable to the City, subject to certain terms. If both Tracts are conveyed to the City, an easement to the Madrona Ridge HOA shall be established to provide the HOA with maintenance access to the outfall pipe and infiltration trench serving Tract B/Storm Pond 2. Any easement needed for the Tract B/Storm Pond outfall and infiltration trench shall be prepared by the Applicant or Applicant's engineer for review and approval by the City and referenced on the face of the Final Plat. Response: Tract E and D will be conveyed to the City for maintenance purposes. It is our intention that the conveyance occur as part of the final plat, if a separate instrument is required, please let us know. A maintenance access easement will be provided to the outfall pipe and infiltration trench serving Tract B/Storm Pond 2. 8. In the event Tract E is not conveyed to the City, then the Tract D/Storm Pond 4 area must be expanded by the Applicant to include that pond's outflow pipe and infiltration trench. Public Works engineering staff have agreed that Rainier Street runoff between 15th and 12th Streets can be accomplished via swales constructed adjacent to the roadway. These will be made conditions of the Street and Utility Development (SDP) review and approval process. Response: Not applicable, Tract D and Tract E will be conveyed to the City. 9. The Applicant shall demonstrate to Public Works staff that adequate separation between the existing fiber optic improvements in Tract F is available to accommodate multiple utilities (i.e., the required 10" water main from the north line to 15th St.) If Tract F is unable to accommodate multiple utilities, the Applicant will need to propose an alternative route for the 10" water main acceptable to Public Works and complete that installati n as part of the a roved Street and Utility Development Permit (SDP. Response: Acknowledged, please refer to Sheet 10 "Composite Utility Plan" of approved civil plans under permit SDP 24-043. 10. The Applicant shall construct a shared Multi -Use pathway on the west side of Rainier St. so it is continuous from north of the Discovery Rd. roundabout near 12th St. to 15th St. as offsite improvements along with Rainier St. Frontage improvements of sidewalk and a bike lane must also be installed across the entire project frontage between 15th St and the north property line. Response: A Multi -Use pathway will be constructed along the west side of Rainier Street with Phase 1 per the approved civil plans under permit SDP 24-043. Please see Sheets 56 & 57 for on - and off -site street sections. Madrona Ridge .2- 07-HEX Conditions Compliance-2024-12-31 11. The Applicant's request for a slightly modified T-8 road City standard R one side 4 is approved in concept as shown on the submitted plans (Ex. B). Final locations for on -street parking will be determined as part of the subsequent Street and Utility Development Permit (SDP) process. Staff will work with the Applicant to maintain flexibility with driveway placement to allow occasional parking on either side of the street for traffic calming. Response: Acknowledged. Please refer to the approved civil plans under permit SDP 24-043, Sheet 56, for relevant street sections. 12. Final Plat/Plat Vacation and PUD approval shall be presented by the Applicant as required by municipal code and shall indicate the precise location of all required dedications, easements and open spaces per these conditions of approval. Interior streets, sidewalks and trails within public easements shall be open to the public and signed accordingly at all times. All required infrastructure improvements as set forth in these conditions and the subsequent Street and Utility Development permits must be installed or bonded for prior to final Plat/Plat Vacation and PUD approval. Response: The Final Plat/Plat Vacation and PUD approval is in substantial compliance with the approved Preliminary Plat of record and meets all Conditions of Approval from the March 28, 2022 Hearing Examiner Decision and the August 11, 2022 Minor Modification decision. All improvements are constructed or bonded 13. The Applicant shall have applied for final Plat/Plat Vacation and PUD approval within five (5) years of date preliminary approval. With the final Plat(Plat Vacation and PUD submittal, the Applicant shall propose a name for the new roadway(s) to allow for review and approval by the appropriate public agencies (the City DSD, the Jefferson County Auditor and Assessor's Offices. Response: Acknowledged. New streets include Madrona Boulevard, Pickett Court, Pegeen Court, Beauregard Court, and Upsan Downs Lane and are shown on the final plat 14. A draft Property Use and Development Agreement (PUDA) shall be submitted by the Applicant (in electronic format) for review by DSD and Public Works a minimum of one month prior to submittal for final Plat/Piat Vacation and PUD approval. The final PUDA shall be approved by the City Council as part of their final approval for the project. Response: Acknowledged. A PUDA has been submitted with the Final Plat application. Prior to Issuance of Building Permits 15. The Applicant shall apply for and receive final Plat/Plat Vacation and PUD approval prior to the issuance of any building permits. To receive final Plat/Plet Vacation and PUD approval, all required improvements set forth in the subsequent Street and Utility Development permit (street, drivewayfre lane, utility) and the approved Final Landscaping Plan must be installed (with conveyance and acceptance by the City where applicable) or bonded for. The amount of the performance security for any bonded items shall be based upon the current cost estimate of all materials and construction costs, including applicable tax. The performance security shall consist of a performance bond in a form acceptable to the City Attorney and in an amount acceptable to the Director and consistent with city code. Cash deposited in an escrow account may also be accepted by the City. All required landscaping plantings shall be installed within six months of approving the performance security unless a longer period of time is agreed to by the DSD Director. The preliminary landscaping plan shall be revised to include 10-foot landscaping along the western Madrona Ridge - 3 - 07-HEX Conditions Compliance-2024-12-31 property line as identified in Conclusion No. 7 of the staff report if not already included in the landscaping plan. Response: Acknowledged. All improvements will be constructed or bonded prior to final approvals. The 10' landscape buffer can be found on Sheet 1 of the landscape set. Other Landscaping -Related Conditions 16. Prior to issuance of a Street and Utility Development permit (SDP) for the project, the applicant shall prepare and submit a Final Landscaping and Tree Conservation Plan (TCP) for review and approval by the DSD Director. The use of can(yy cover calculations for the grojectis Dermitted for the MP per PTMC 19.06. however as a Planned Unit Develo meat (P_UQJ some modest commitment to treeWanting on each individual lot as bu_ildinG Dermits are issued is warranted. The submitted Final Landscaping and TCP must be prepared with sufficient detail on specific plant species, sizes, spacing and quantities to allow for adequate review by DSD. It must also include a proposed irrigation plan that will be installed as part of the installation. The submitted plan must be prepared using a scale capable of being read without magnification of either the plan text or planting area illustrations. The Final TCP must include a commitment to lanting at least one 1 tree unit credit t. u. c.per residential lot. A notation on the face of the final PlatlPlat Vacation map as required by PTMC 19.06 will provide future purchasers with reference to the resulting TCP requirements Response: A Final Landscaping and Tree Conservation Plan was submitted prior to the issuance of SDP 24-043 and a notation has been provided on the face of the Final Plat specifying the Tree Conservation Plan requirements of one tree unit cred per residential lot. 17. All required landscaping shall be continually maintained in a healthy growing condition by the Homeowner Association. Dead or dying trees, shrubs or groundcover shall be replaced immediately, and the planting areas shall be routinely maintained. Revisions to the approved Landscaping Plan may also be required if the Director determines that the installed landscaping has failed to perform as designed. Response: Acknowledged and included in the CCBRs 18. For landscaping approved within the adjoining street rights -of -way and/or within public easements or surrounding the 4 storm ponds, the Applicant shall provide a 3-year financial guarantee for their survivability. Trees or other approved plantings that die or become diseased within the guarantee period shall be replaced and shall initiate a subsequent 3-year period starting on the date of replacement. Response: A landscaping maintenance bond has been provided in accordance with City standards. Prior to Roadway, Pathway and Infrastruction Construction 19. To ensure compliance with City Engineering Design Standards, together with the public and private street and utility installations required by this decision, the following plans must be prepared and submitted with a completed application for a Street and Utility Development Permit (SDP). These plans shall be in substantial in conformance with the preliminary drawings submitted as part of the application (Ex. B) except where modified by thee approval conditions. These plans must be submitted, reviewed and approved by City engineering staff, and constructed or bonded for prior to final approval of any phase of the development. Madrona Ridge .4- 07-HEX Conditions Compliance-2024-12-31 a. Engineered plans for the public streets, private driveways and fire lane turnarounds serving this project including but not limited to the location of all driveways, turn around areas, sidewalks, and drainage facilities. Response: Civil engineering plans (SDP 24-043) were approved on June 13, 2024. b. Engineered plans for water service and sewer service for the project including provisions for fire hydrant(s) and compliance with Condition . Tract F. Utility easement from the north, west of Lot 145, that presently contains a fiber optic line. Staff notes this utility easement was intended to be occupied by a 10" water main running north to south through the site (Ex. F) that is called for in the City's Water System Plan (WSP). If Public Works staff determines there is inadequate separation between the fiber optic improvements and the preferred water main route to accommodate multiple utilities in Tract F, the Applicant will need to propose an alternative route for the 10" water main that is acceptable to Public Works. Response: Civil engineering plans (SDP 24-043) were approved on June 13, 2024. This area is shown on Sheet 10. c. A final engineered stormwater drainage plan and report including construction drawings complying with the requirements of the Puget Sound Stormwater Management Manual and the Port Townsend Engineering Design standards must be submitted to DSD and approved by the Public Works Department prior to issuance of any building permits. Said plan and report shall include detailed operation and maintenance (O & M) provisions for the completed facilities which will become a responsibility of the Madrona Ridge HOA to ensure. Once approved by City engineering staff, the O&M provisions must be formatted by the applicant (or their engineer) in a manner which facilitates their incorporation into the required Planned Unit Development Agreement (PUDA) and CC&R's. Response: Civil engineering plans (SDP 24-043) including Stormwater Report were approved on June 13, 2024. The O&M is included with this submittal. d. A final engineered non -motorized trail plan meeting all applicable requirements of City - adopted plans (Non -Motorized Transportation and Engineering Design Standards) and the plans approved by this decision. The non -motorized trail constituting the City's future Loop Trail system (in 15th St. to Rainier and along the north side of Madrona Blvd.) shall be paved and meet the standards of the Parks Recreation and Open Space Plan. All other trails shall be maintained by the Homeowners Association. Conditions related within and around wetland buffers also apply — See Below Section on CRITICAL AREA PERMIT CONDITIONS The Final Non -Motorized Plan shall include a continuous pedestrian connection on the west side of Rainer St between the Rainier/Discovery roundabout and the project south property line at 15th St. Staff has recommended that the shared Multi -Use pathway on the west side of Rainier St. be constructed by the Applicant so it is continuous from north of the Discovery Rd. roundabout near 12th St to 15th St as offsite improvements along with the proposed Rainier St frontage improvements of sidewalk and a bike lane across the entire project frontage between the north property line and 15th St Staff also recommends installation of a crossing to the east side of Rainier St. at 15th St which is already improved asphalt Multi -Use pathway. Response: The non -motorized trail plan was included in the civil plans (SDP 24-043) that were approved on June 13, 2024. Please see Sheets 56 & 57 of the approved civil plans under permit SDP 24-043 for on- and off -site street sections. Madrona Ridge - 5 - 07-HEX Conditions Compliance-2024-12-31 20. Street lighting shall be dark sky compliant and minimized in conformance with the City's Street lighting policy (Ordinance 3271). Response: Acknowledged. Conditions Related to the Plat(Plat Vacation 21. The applicant shall provide a mylar reproduction of the Plat/Plat Vacation to DSD for review and approval (5 paper copies and one electronic . pdf version) as part of the final Plat/Plat Vacation and PUD approval process. Said mylar shall contain the acknowledged signatures of all parties having an ownership interest in the subject property as evidenced by a plat certificate prepared by a local title company. Said plat certificate, or any update provided, shall be less than 30 days old. The approved Plat/Plat Vacation shall not become effective until the mylars required for recording have been filed with the Jefferson County Auditor. While the City will assist in recording the Plat/Plat Vacation mylar, the Applicant is responsible for all fees associated with recording. All property taxes due and owing on the subject property must be paid in full prior to obtaining the signature of the Jefferson County Treasurer. The location of critical areas and their buffers shall be depicted on final mylars. Response: A plat certificate dated December 2nd, 2024, is provided with this submittal. Other/Ongoing Conditions 22. No road approaches onto Madrona Blvd. are permitted unless otherwise approved by the Public Works Dept. Lots 21, 30, 39, 59 through 68, 91, 92, 97, 105, 113, 121, 129, 137 and 167 shall all gain vehicular access via the project's side streets. Response: Acknowledged. The plat has been revised to eliminate vehicular access from homesites directly onto Madrona. All lots face the community's local streets. 23. Future occupancy of any units shall be subject to all applicable provisions of the Port Townsend Municipal Code (PTMC), including zoning, subdivision and the Engineering Design Standards. Response: Acknowledged. 24. Four (4) existing and recorded easements encumber the site (AFN 240372, 312280, 449206, 596561) and are shown on the submitted site plans (Ex. B). Response: Acknowledged. 25. AFN 240372 contains a fiber optics line runs north to south through the westem portion of the site. Circumstances surrounding this easement and the need for water system improvements in the vicinity were described in Condition 17.b. As shown, this easement would also render two (2) proposed lots (Lots 53 and 64) unbuildable unless those improvements are relocated or the 2 lots reconfigured. The Applicants bears responsibility to work with the underlying beneficiary of this fiber optic easement to arrange for it's relocation, otherwise these 2 lots must be eliminated or reconfigured within the Plat. Response: Lots 53 and 64 have been reconfigured and Tracts T and F have been added to the final plat to accommodate the existing fiber optic cable. 26. As a public easement, AFN 596561 will be converted to dedicated right-of-way along 15th St and can be extinguished as such as part of the final Plat/Plat Vacation and PUD approval process. Similarly, AFN 449206 - which is a private access & utility easement can be released by the underlying owner during final project processing. Madrona Ridge - 6 - 07-HEX Conditions Compliance-2024-12-31 Response: Acknowledged. The applicant will extinguish AFN 596561 and AFN 449206 as part of the Final Plat/Plat Vacation approval process. 27. AFN 312280 is a 40' wide exclusive access and utility easement running along the southwest project boundary. This easement appears to benefit other properties outside of the Plat/Plat Vacation. The preliminary Plat map indicates this easement will be extinguished. Fortunately, AFN 312280 does not encumber any of the proposed residential lots; however, as part of final Plat/Plat Vacation and PUD processing, the Applicant must demonstrate all easement beneficiaries have agreed to it being released andlor extinguished or any conflicting improvements must be relic aced outside of the easement area. Response: Acknowledged, the easement will be extinguished. 28. If the proponent proposes to add any development signage, it may be necessary to obtain a sign permit. Please contact the DSD Department for signage requirements prior to ordering, fabricating or installing any signs. Response: Acknowledged. Critical Area Permit Conditions 29. A Monitoring and contingency plan will be required to ensure success of the re -seeding of the wetland buffer. The applicant shall post a performance bond in the amount of 120 percent of the expected cost. 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 the monitoring period. Response: A Monitoring and Contingency plan will be provided for the wetland buffer and a performance bond will be submitted in accordance with City standards. 30. All construction activities shall comply the Engineering Design Standards and employ Best Management Practices to control erosion/sedimentation. Response: Acknowledged. 31. Applicants shall indicate erosion control measures on the site construction plan or stormwater control management plan, as appropriate for the project. These requirements shall be in place following the preconstruction meeting outlined in PTMC 19.05.040(F)(1)(k)(1) and shall be reviewed and approved prior to clearing and grading. Response: Please see Sheets 14-18 of the civil plans approved under SDP 24-043 for erosion control details. 32. The trail proposed around Wetland C-3 must be located to the outer 25% of this wetland's buffer. All constructed trails must be field located in such a way to avoid impacting any trees and limit impacts to soil, hydrologic features, shrubs, and habitat features. Response: We understand the trail around Wetland C-3 was reviewed under the approved civil plans SDP 24-043. Madrona Ridge -7- 07-HEX Conditions Compliance-2024-12-31 2.0 Minor PUD/Plat Modification City File No. LUP22-045 Decision Issued August 11, 2022 Conditions 1. Except as modified by this decision and detailed in Exhibit E Applicant Response to staffs July 27,2022, email dated August 3,2022, and Exhibit F Revised Phasing dated August 3, 202Z the developer shall comply with all conditions of approval set forth in the Hearings Examiner Decision (Exhibit C). Response: This plat complies with all Conditions of Approval from the Hearing Examiners Decision dated March 28, 2022 and the Minor Amendment decision dated August 11, 2022. 2. Condition #29 of the Hearings Examiner Decision requires implementation of a monitoring and contingency plan to mitigate for wetland impacts. Restoration will take place with each respective phase and will trigger a maintenance bond for each. Response: A Monitoring and Contingency plan will be implemented to mitigate wetland impacts in accordance with required City procedures. 3. All modifications shall be documented of record in the Phase I and Phase H Final Plats and planned unit development agreement or otherwise as determined by the director, in a form prepared by the applicant and approved by the director and recorded at the applicant's cost. Response: Acknowledged. Madrona Ridge -8- 07-HEX Conditions Compliance-2024-12-31 3.0 ,SEPA MQNS Reguired Mitigation Measures City File No. LUP21-067 Issued January 19, 2022 During Construction 1. All recommendations of the Applicant's geo-technical report (Ex. H) must be adhered to during both the infrastructure and future home construction phases. Staffs recommendation to the Hearing Examiner will specify those measures be included in the resulting Planned Unit Development (PUD)Agreement and any Restrictive Covenants, CC&R's or similar privately established agreements. Response: Acknowledged. 2. If historic or cultural resources are discovered during clearing, grading, site excavation, or other construction activities, work shall be stopped immediately and the DSD Director and the State Historic Preservation Officer shall be contacted. Work could not resume until approval is obtained from the Development Services Department Response: Acknowledged. 3. All exterior building mounted lights shall be hooded or shielded, flat lenses and pointed downward. The use of mercury vapor or halogen lighting on the extedorof any structure is prohibited. Revisions to the exterior lighting on any resulting dwelling may be required if the DSD Director determines that installed lighting fails to meet the above performance standards. These lighting restrictions shall be placed into the PUD Agreement and any Restrictive Covenants, CC&R's orsimilar privately established agreements to ensure the exterior lighting limitations are provided to potential purchasers. Response: Acknowledged. 4. The Applicant, through a subsequent Homeowners Association (HOA), is responsible for maintenance of all open spaces required through the PUD process as well as for all publicly accessible trails not improved to a City -adopted hard surfaced standard and located within a public dedication (i.e., right-of-way or public easement). The final PUD Agreement for Madrona Ridge must include language acknowledging this requirement together with adequate provisions governing their on -going maintenance. The form and content of these maintenance obligations shall be prepared by the Applicant and submitted to DSD for review and approval, in concert with the Public Works Department and the City Attorney. All public trails shall be signed consistent with the City's Non -Motorized Transportation Plan as part of the SDP approval process. Response: Acknowledged. Madrona Ridge - 9 - 07-HEX Conditions Compliance-2024-12-31 WHEN RECORDED, RETURN TO: LENNAR 33820 Weyerhaeuser Way S, #210 Federal Way, WA 98001 Attn: Natalie Satt, Entitlements Manager Document Title Declaration of Covenants, Conditions, and Restrictions for Madrona Ridge Reference Number of Related (Phase 1 Plat Document Map) Grantor Lennar Northwest, LLC., a Delaware limited liability company Grantees Lennar Northwest, LLC., a Delaware limited liability company Madrona Ridge Homeowners Association, a Washington nonprofit corporation Madrona Ridge, a plat community Abbreviated Legal Description Portion of the NE 1/4 and SE 1/4 of the NW 1/4 and the NW 1/4 and SW 1/4 of the NE 1/4 of Sec. 9, T30N, R1W, W.M., Jeferson County, Washington Tax Parcel Numbers 001091002; 001092005; 001092006; 973800201; 973800301 -1- 4935-3867-9301, v. 7 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR MADRONA RIDGE This Declaration of Covenants, Conditions, and Restrictions for Madrona Ridge ("Declaration") is made this day of , 2025, by Lennar Northwest LLC., a Delaware limited liability company ("Declarant"), the owner of certain real property situated in Jefferson County, Washington, which property is more specifically described on Exhibit A, attached hereto and incorporated herein ("Real Property"). RECITALS Declarant desires to develop the Real Property as a plat community to be known as Madrona Ridge ("Plat Community"). Declarant also desires to create common elements and facilities for the benefit of the Plat Community and to provide for the preservation of the natural values in the Plat Community. Where a term is defined in Chapter 64.90 of the Revised Coded of Washington ("RCW"), known as the Washington Uniform Common Interest Ownership Act ("Act"), and is not otherwise defined herein, such term will have the meaning given to it by the Act. This Declaration establishes a plan for the private ownership of Units (defined below) and the buildings constructed thereon, for the dedication of certain areas to the public, and for the beneficial ownership through a nonprofit corporation of certain other land and related easements, hereafter defined and referred to as the "Common Elements." The nonprofit corporation shall be delegated and assigned the duties and powers of maintaining and administering the Common Elements, administering and enforcing these covenants, conditions, and restrictions, and collecting and disbursing the assessments and charges hereinafter created. NOW, THEREFORE, Declarant hereby covenants, agrees, and declares that all of the Real Property, as defined herein, and the buildings and structures hereafter constructed thereon are, and will be, held, sold, and conveyed subject to and burdened by the following covenants, conditions, restrictions, and easements, all of which are for the purpose of enhancing and protecting the value, desirability, and attractiveness of the Plat Community for the benefit of the Unit Owners thereof, their heirs, successors, grantees, and assigns. All provisions of this Declaration and the Act shall be binding upon all parties having or acquiring any right, title, or interest in the Real Property or any part thereof and shall inure to the benefit of the Unit Owners thereof and to the benefit of the Association and are intended to be and shall in all respects be regarded as covenants running with the land. ARTICLE 1. DEFINITIONS Section 1.1 "Act" means the Washington Uniform Common Interest Ownership Act, Chapter 64.90 of the Revised Coded of Washington ("RCW"). Section 1.2 "Association" means the Madrona Ridge Homeowners Association, a Washington nonprofit corporation, and its successors and assigns. Section 1.3 "Association Action" means a written corporate action of the Association in the form of either a bylaw or resolution duly passed by either the Board or the Unit Owners. Section 1.4 "Board" or "Board of Directors" means the board of directors of the Association with primary authority to manage the affairs of the Association. -2- 4935-3867-9301, v. 7 Section 1.5 "Common Elements" means real estate other than a Unit within the Plat Community, owned and/or maintained by the Association. As of the date of this Declaration; the Common Elements consist of all Common Elements depicted on the Map, including without limitation, the roads and sidewalks, and recreational areas, street lighting, and required landscaping and landscaping buffers, all as identified and/or illustrated on the Map, recorded in the real property records of Jefferson County. Section 1.6 "Common Expenses" means any expense of the Association, including allocations to reserves, as provided for in the Act and this Declaration. Section 1.7 "Declarant" means the entity described on the first page of this Declaration and its respective successors and assigns. Nothing contained herein shall be deemed or construed by the Association or by any third party, to create the relationship of principal and agent, or a partnership, or a joint venture, or any association between or among any of the signatories hereto. Section 1.8 "Declarant Control Period" means the period of time from the date of recording of this Declaration until the earlier of (a) sixty (60) days after conveyance of seventy-five percent (75%) of the Units that may be created to Unit Owners other than Declarant; (b) two (2) years after the last conveyance of a Unit, except to a dealer; (c) two (2) years after any right to add new Units was last exercised; or (d) the day Declarant, after giving notice in a record to Unit Owners, records an amendment to this Declaration voluntarily surrendering all rights to appoint and remove officers and Board members. A partial delegation of authority by the Declarant of any of its management duties described in the Declaration shall not terminate the Declarant Control Period. Section 1.9 "Declaration" means this instrument, as it may be supplemented or amended from time to time. Section 1.10 "Development Right' means those rights of Declarant reserved in Article 13 and elsewhere in the Declaration. Section 1.11 "Governing Documents" means this Declaration, the Map, the articles of incorporation, bylaws and rules and regulations of the Association, or any other written instrument by which the Association has the authority to exercise any of the powers to manage, maintain, or otherwise affect the Plat Community, as any of the foregoing may be amended from time to time. Section 1.12 "Map" means the final plat of Madrona Ridge recorded under Jefferson County recording no. Section 1.13 "Mortgagee" means the holder of a security interest on a Unit. Section 1.14 "Real Property" means that certain real property, legally described on Exhibit A attached hereto, and such additions thereto as may be brought within the terms and conditions hereof by an appropriate recording. Section 1.15 "Reserve Account' has the meaning set forth in Section 3.12 of this Declaration. Section 1.16 "Reserve Component' means a physical component of the Plat Community which the Association is obligated to maintain, repair or replace, which has an estimated useful life of less -3- 4935-3867-9301, v. 7 than thirty (30) years, and for which the cost of such maintenance, repair or replacement is infrequent, significant and impractical to include in an annual budget. Section 1.17 "Reserve Study Professional" means an independent person who is suitably qualified by knowledge, skill, experience, training, or education to prepare a reserve study in accordance with the Act. Section 1.18 "Significant Assets" means that the current replacement value of the major Reserve Components is seventy-five percent (75%) or more of the gross budget of the Association, excluding the Association's Reserve Account funds. Section 1.19 "Structure" includes any building, fence, wall, driveway, walkway, patio, garage, storage shed, carport, mailbox, basketball hoop, play equipment, climbing apparatus, swimming pool, rockery, dog run or the like. Section 1.20 "Tract" means any legally segmented and alienable portion of the Real Property created through subdivision or any other legal process for dividing land and subjected to this Declaration by an appropriate recording, with the exception of Units and Common Elements. Section 1.21 "Unit" means any legally segmented and alienable portion of the Real Property created through subdivision or any other legal process for dividing land and subjected to this Declaration by an appropriate recording, with the exception of Tracts and Common Elements. As indicated on the Map, the Plat Community shall initially include 93 Units but may include up to a maximum as allowed under Port Townsend Municipal Code. Declarant anticipates that additional Units, if any, would result in a total number of Units that is 300 Units or less. Section 1.22 "Unit Owner" or "Owner" means the record owner (whether one or more persons or entities) of a fee interest in any Unit, including Declarant but excluding Mortgagees or other persons or entities having such interest merely as security for the performance of any obligation. Purchasers or assignees under recorded real estate contracts shall be deemed Unit Owners as against their respective sellers or assignors. ARTICLE 2. MADRONA RIDGE HOMEOWNERS ASSOCIATION Section 2.1 Description of Association. The Association is a nonprofit corporation organized and existing under the laws of the State of Washington charged with the duties and vested with the powers prescribed by law and set forth in the Governing Documents, as they may be amended from time to time; provided, however, that no Governing Documents of the Association other than this Declaration shall for any reason be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. The Association shall have a perpetual existence. Upon dissolution or final winding up of the Association entity under the laws of the State of Washington, all of its assets remaining after payment to creditors will be distributed or sold, and the sales proceeds distributed, to the members of the Association entity in accordance with the Articles of Incorporation, Bylaws, and provisions of RCW 24.03A and the Act. In the case of any conflict between the provisions of RCW 24.03A and the Act, the Act shall control. The Unit Owners are responsible for providing that the Association continues to be a functioning legal entity. In the event of dissolution of the Association, all ongoing maintenance responsibilities of the Association established in the Governing Documents shall remain binding upon the Unit Owners individually and collectively. Each Unit Owner shall continue to be responsible for their proportionate share of all maintenance costs and obligations as established in this Declaration. The City shall have the right, but not -4- 4935-3867-9301, v. 7 the obligation, to perform any maintenance responsibilities neglected by the Unit Owners following dissolution and to assess all costs equally to all Unit Owners, which assessment shall constitute a lien against each Unit. Section 2.2 Association Board. During the Declarant Control Period, Declarant, or persons designated by Declarant, shall have the power to appoint or remove any member of the Board. Notwithstanding the foregoing, no later than sixty (60) days after conveyance of twenty-five percent (25%) of the Units that may be created to Unit Owners other than Declarant, at least one (1) member and not less than twenty-five percent (25%) of the members of the Board must be elected by Unit Owners other than Declarant. Not later than sixty (60) days after conveyance of fifty percent (50%) of the Units that may be created to Unit Owners other than Declarant, not less than thirty-three and one-third percent (33.33%) of the members of the Board must be elected by Unit Owners other than Declarant. Until such members are elected and take office, the existing Board may continue to act on behalf of the Association. Within thirty (30) days after the termination of the Declarant Control Period, the Board must schedule a transition meeting and provide notice to the Unit Owners in accordance with RCW 64.90.445(1)(c). At the transition meeting, the Board elected by the Unit Owners must be elected in accordance with RCW 64.90.410(2). Within thirty (30) days after the transition meeting, Declarant shall deliver the materials required by RCW 64.90.420 to the Association. Within sixty (60) days after the transition meeting, the Board shall retain the services of a certified public accountant to audit the records of the Association as of the date of the transition meeting in accordance with generally accepted accounting standards, unless a majority of the members elects to waive such audit. Section 2.3 Votes Appurtenant to Units. Every Unit Owner shall be a member of the Association. The Unit Owner(s) of a Unit shall be entitled to cast one (1) vote in the Association for each Unit owned. A vote shall be appurtenant to and held and owned in the same manner as the beneficial fee interest in the Unit to which it relates. A vote shall not be separated from ownership of the Unit. Unit Owner voting shall be governed by RCW 64.90.455, as it may be amended. Unit Owners or their proxies may vote in person or remotely, with reasonable measures taken by the Association to verify the identity of the Unit Owner and proxy, as well as paper and electronic ballots. Section 2.4 Unit Owner's Compliance. By acceptance of a deed to a Unit, recording of a real estate contract conveying title to a Unit, or any other means of acquisition of an ownership interest, the Unit Owner thereof covenants and agrees, on behalf of himself and his or her heirs, successors, and assigns to observe and comply with the terms of the Map, this Declaration, the Governing Documents of the Association, and all rules and regulations duly promulgated pursuant to Association Action. Section 2.5 Bylaws, Rules and Regulations. The Board on behalf of the Association shall have the power to adopt, modify, and amend rules and regulations governing the use of the Real Property, provided that such rules and regulations shall not be inconsistent with this Declaration and during the Declarant Control Period, must be approved in writing by Declarant. The rules and regulations shall apply uniformly to all Unit Owners, except as specifically provided herein. The Board shall have the power to enforce the rules and regulations on behalf of the Association and may prescribe penalties for the violation of such rules and regulations, including, but not limited to, suspension of the right to use the Common Elements or portions thereof. The Board must, before adopting, amending or repealing any rule, give all Unit Owners notice of. (a) its intention to adopt, amend or repeal a rule and provide the text of the rule or the proposed change; and (b) a date on which the Board will act on the proposed rule or amendment after considering comments from Unit Owners. Following adoption, amendment or repeal of a rule, the Association must give notice to the Unit Owners of its action and provide a copy of any new or revised -5- 4935-3867-9301, v. 7 rule. A copy of the rules and regulations then in force shall be retained by the Secretary of the Association. Declarant, on behalf of the Board, may adopt the initial Bylaws and rules and regulations of the Association. Section 2.6 Right of Entry for Inspections, Maintenance, Repairs, Emergencies or Improvements. The Association, acting through its agents and employees, shall have the right to have access to each Unit from time to time as may reasonably be necessary for inspection, maintenance, repair or replacement or improvement of any of the Common Elements accessible therefrom, or for making repairs or remedying conditions, including removing dangerous structures, on a Unit as deemed necessary by the Board, in the Board's reasonable discretion, to prevent damage to the Common Elements or to other Units or improvements thereon, or for any emergency situations. The cost of work necessary to remedy such conditions caused by or refused to be corrected by the Unit Owner shall be a special assessment on such Unit Owner and his or her Unit only. The Association's right provided in this section shall be exercisable after seven (7) days' notice to the Unit Owner and an opportunity to be heard if requested by the Unit Owner, and approval by a two-thirds (2/3) majority vote by the Board. The foregoing notice shall not be required in the event of an emergency situation, as determined by the Board in its reasonable discretion. Section 2.7 Implied Rights. The Association may exercise any right or privilege given to it expressly by this Declaration or the bylaws or which may be reasonably implied from, or reasonably necessary to effectuate, any such right or privilege. Section 2.8 Special Declarant Rights. Subject to the Act, Declarant shall have the right to the following until Declarant has conveyed all Units in all phases of the development, including Phase 2 and any subsequent phases, or for a period of ten (10) years following the sale of the first Unit within the Plat Community by Declarant, whichever is later: (a) Complete any improvements indicated on the Map or described in this Declaration or the public offering statement pursuant to RCW 64.90.610(1)(h); (b) Exercise any Development Right; (c) the right of Declarant, its assignees and licensees, including but not limited to builders designated in writing by Declarant, to construct, install, replace, relocate, maintain, repair, use and enjoy signs, model residences, construction trailers and sales and leasing offices in the Community; (d) Use easements through the Common Elements for the purpose of making improvements within the Plat Community or within real property that may be added to the Plat Community; (e) Make the Plat Community subject to a master association; (f) Merge or consolidate a common interest community with another common interest community of the same form of ownership; (g) Appoint or remove any officer or board member of the association or any master association or to veto or approve a proposed action of any board or association; (h) Control any construction, design review, or aesthetic standards committee or process until Declarant no longer owns any Units; -6- 4935-3867-9301, v. 7 (i) Attend meetings of the Unit Owners and, except during an executive session, the Board; and 0) Have access to the records of the Association to the same extent as a Unit Owner (collectively, the "Special Declarant Rights"). (k) Notwithstanding any provision of this Declaration to the contrary, at all times, Declarant, its assignees and licensees, including but not limited to builders designated in writing by Declarant, will have the right and privilege, as strictly authorized under Port Townsend Municipal Codes and conditions of approval: (i) to erect and maintain within the Plat Community advertising signs (illuminated or non -illuminated), billboards, flags, other marketing and sales devices and banners for the purpose of aiding the sale and leasing of Units in the Plat Community; (ii) to maintain improvements upon Units to assist with Unit sales, leasing and marketing, including without limitation sales, leasing, model, management, business and construction offices; and (iii) to maintain and locate construction trailers, tools, equipment and materials within the Plat Community. Development and construction activities, and the location and maintenance of signs, flags, banners, trailers, tools, equipment and materials within the Plat Community by Declarant and builders and licensees designated in writing by Declarant, will not be considered a nuisance. (1) Collectively, the rights reserved to the Declarant as set forth in this Declaration shall be known as the "Developer Rights", and Declarant hereby reserves the right and privilege at all times for itself and its assignees and licensees and their successors to exercise the Developer Rights. Except as otherwise provided in this Declaration, all Special Declarant Rights shall expire upon Declarant's conveyance of all Units in all phases of the development, including Phase 2 and any subsequent phases or ten (10) years after the conveyance of the first Unit in the Plat Community, whichever is later; provided, that Declarant may voluntarily terminate any and all such rights at any time by recording an amendment to the Declaration, which amendment specifies which rights are thereby terminated. Section 2.9 Association Property. The Association, through action of its Board, may acquire, hold and dispose of tangible and intangible personal property and real property. Section 2.10 Resale Certificates. A resale certificate for any Unit in the Community shall include the information required by the Act, including without limitation RCW 64.90.640. Section 2.11 Merger or Consolidation. This Community may be merged or consolidated with one or more other common interest communities into a single community by exercise of a special declarant right, in accordance with RCW 64.90.310, without unit owner approval. Section 2.12 Limitation on Acquiring Foreclosed Unit. No member of the Association's Board, or their immediate family members or affiliates, are eligible to bid for or purchase, directly or indirectly, any interest in a Unit at a foreclosure of the Association's lien. For the purposes of this subsection, `immediate family member' includes spouses, domestic partners, children, siblings, parents, parents -in-law, and stepfamily members; and `affiliate' of a board member includes any person controlled by the board member, including any entity in which the Board member is a general partner, managing member, majority member, officer, or director. -7- 4935-3867-9301, v. 7 ARTICLE 3. ASSOCIATION BUDGET, ASSESSMENTS, AND LIENS Section 3.1 Unit Owner's Covenants to Pay Assessments. By acquisition of any ownership interest in a Unit, the Unit Owner thereof covenants and agrees thereby, on behalf of himself or herself and his or her heirs, successors, and assigns to pay the Association, in advance, all general and special assessments levied as provided herein. Assessments for Common Expenses and those specially allocated expenses must commence on all Units that have been created upon the conveyance of the first Unit in the Plat Community; however, Declarant may delay commencement of assessments for some or all Common Expenses or specially allocated expenses, in which event Declarant must pay all of the Common Expenses or specially allocated expenses that have been delayed. If any Units are added pursuant to reserved development rights, Declarant may delay commencement of assessments for such Units in the same manner. Section 3.2 Specially Allocated Expenses. Pursuant to RCW 64.90.480, the Association shall specially allocate certain expenses as follows: (a) Expenses benefiting fewer than all of the Units, or the Unit Owners of such benefited Units exclusively, must be assessed against the Units benefited, with the expenses allocated evenly between the benefited Units. (b) Assessments to pay a judgment against the Association may be made only against the Units in the Plat Community at the time the judgment was entered, in proportion to their Common Expense liabilities. (c) Expenses relating to damage to or loss of property, caused by the: (a) willful misconduct or gross negligence of the Unit Owner or the Unit Owner's tenant, guest, invitee, or occupant; (b) failure of the Unit Owner to comply with a maintenance standard prescribed by this Declaration or a Rule, if the standard contains a statement that an Owner may be liable for damage or loss caused by failure to comply with the standard; or (c) negligence of the Unit Owner or the Unit Owner's tenant, guest, invitee, or occupant. Before assessing such expenses, the Association shall provide to the Unit Owner notice and an opportunity to be heard. (d) In the event of a loss or damage to a Unit that would be covered by the Association's property insurance policy, excluding policies for earthquake, flood, or similar losses that have higher than standard deductibles, but that is within the deductible under that policy, the Association may assess the amount of the loss up to the deductible against that Unit. This subsection does not prevent a Unit Owner from asserting a claim against another person for the amount assessed if that other person would be liable for the damages under general legal principles. Section 3.3 Association Budget. The Association shall prepare, or cause the preparation of, an operating budget for the Association at least annually, in accordance with generally accepted accounting principles. Declarant shall adopt the initial operating budget for the Association. The operating budget shall set forth all sums required by the Association, as estimated by the Association, to meet its annual costs and expenses, including, but not limited to, all management and administration costs, operating and maintenance expenses of the Common Elements, and services furnished to or in connection with the Common Elements, including the amount of all taxes and assessments levied against, and the cost of liability, property and other insurance on, the Common Elements, and including charges for any services furnished by or to the Association; the cost of utilities and other services; and the cost of funding all reserves established by the Association. The funds required to meet the Association's annual expenses shall be raised -8- 4935-3867-9301, v. 7 from a general assessment against each Unit Owner as provided hereafter. After adoption of the operating budget, the Association may revise the operating budget at any time and from time to time, in accordance with the procedures set forth in Section 3.3(a) below, as it deems necessary or advisable in order to take into account and defray additional costs and expenses of the Association. (a) Adoption of Budget. Prior to adopting the proposed regular budget, the Board shall submit the proposed Common Element Budget to the Common Element Committee in accordance with Section 7.3 below. Within thirty (30) days after adoption by the Board of any proposed regular or special budget of the Association, the Board shall provide a copy of the proposed budget to all Unit Owners and set a date for a meeting of the Unit Owners to consider ratification of the budget not less than fourteen (14) nor more than fifty (50) days after providing the budget. Unless at that meeting the Unit Owners to which a majority of the votes in the Association are allocated reject the budget, in person or by proxy, the budget and the assessments against the Units included in the budget are ratified, whether or not a quorum is present. If the proposed budget is rejected, or the required notice is not given, the periodic budget last ratified by the Unit Owners shall be continued until such time as the Unit Owners ratify a subsequent budget proposed by the Board. (b) Budget Summary. As part of the summary of the budget provided to all Unit Owners, the Board shall disclose to the Unit Owners: (i) The projected income to the Association by category; (ii) The projected Common Expenses and those specially allocated expenses that are subject to being budgeted, both by category; (iii) The amount of assessments per unit and the date the assessments are due; (iv) The current amount of regular assessments budgeted for contribution to the Reserve Account; (v) A statement of whether the Association has a Reserve Study that meets the requirements of RCW 64.90.550 and, if so, the extent to which the budget meets or deviates from the recommendations of the reserve study; and (vi) The current deficiency or surplus in reserve funding expressed on a per Unit basis. Section 3.4 Levy of General Assessment. In order to meet the costs and expenses projected in its operating budget, the Association shall determine and levy in advance on every Unit a general assessment, which shall become effective only after the Board follows the procedure for ratification of a budget described in Subsection 3.3(a) and the Unit Owners do not reject the proposed assessment. The amount of each Unit's general assessment shall be the amount of the Association's operating budget divided by the sum of the number of Units. The omission by the Association, before the expiration of any assessment period, to fix the amount of the general assessment hereunder for that or the next period, shall not be deemed a waiver or modification in any respect of the provisions of this article or a release by any Unit Owner from the obligation to pay the general assessment, or any installment thereof, for that or any subsequent assessment period, but the general assessment fixed for the preceding period shall continue until a new assessment is fixed. Upon any revision by the Association of the operating budget during the assessment -9- 4935-3867-9301, v. 7 period for which such budget was prepared, the Association shall, if necessary, revise the general assessment levied against Units and give notice to each Unit Owner in accordance with Subsection 3.3(a). Section 3.5 Payment of Assessment. Installments of general assessments may be collected on a monthly, quarterly, semi-annual, or annual basis, as determined by the Board and ratified by the Unit Owners in accordance with Section 3.3(a). Unless the Board otherwise provides, one -twelfth (1/12) of the General Assessment shall be due in advance on the first day of each calendar month. Any Unit Owner may prepay one or more installments on any assessment levied by the Association without penalty. Section 3.6 Nondiscriminatory Assessment. Except as otherwise specifically provided herein, no assessment shall be made at any time which may unreasonably discriminate against any particular Unit Owner or group of Unit Owners in favor of other Unit Owners. Section 3.7 Commencement of Assessments. Liability of a Unit Owner for assessments shall commence on the date upon which any instrument of transfer to such Unit Owner becomes operative (such as the date of a deed or the date of a recorded real estate contract for the sale of any Unit) or, if earlier, the commencement date of Unit Owner's occupancy of such Unit. Upon the initial closing on any Unit from Declarant, the buyer thereof shall pay a one-time assessment in the amount of Five Hundred Dollars ($500.00). This amount shall be in addition to any assessment established by the Association, and shall be paid by all buyers, including builders. Section 3.8 Certificates of Assessment Payment. Upon request, the Board shall furnish written certificates certifying the extent to which assessment payments on a specified Unit are paid and current to the date stated therein. A reasonable charge may be made by the Association for the issuance of such certificate. Section 3.9 Special Assessments. In addition to the general assessments authorized by this, the Association may, by following the same procedure for ratification of a budget set forth in Subsection 3.3(a), levy a special assessment or assessments at any time, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, inordinate repair, or replacement of a capital improvement located upon or forming a part of the Common Elements, including necessary fixtures and personal property related thereto, or for such other purpose as the Association may consider appropriate. The due dates of any special assessment payments shall be fixed by the Association Action authorizing such special assessment. Section 3.10 Effect of Nonpayment of Assessment. If any assessment payment is not made in full within thirty (30) days after it was first due and payable, the unpaid amounts shall constitute a lien against the Unit assessed and shall bear interest from such due date at a rate set by the Board in its rules and regulations which shall not exceed the highest rate then permitted by law. By acceptance of a deed to a Unit, recording of a real estate contract therefore, or any other means of acquisition of an ownership interest, and whether or not it shall be so expressed in any such deed or other instrument, each Unit Owner shall be deemed to grant thereby to the Association, its agents and employees, and to Declarant during the Declarant Control Period, the right and power to bring all actions against such Unit Owner personally for the collection of such assessments as a debt, and to enforce the liens created by this Declaration in favor of the Association by foreclosure of the continuing liens in the same form of action as is then provided for the foreclosure of a mortgage on real property. The liens provided for in this Declaration shall be for the benefit of the Association and shall arise in accordance with the terms of this Declaration without the necessity of -10- 4935-3867-9301, v. 7 any further action by the Association. The Association shall have the power to bid at any lien foreclosure sale and to acquire, hold, lease, mortgage, and convey the Unit foreclosed against. Section 3.11 Duration of Lien. Any lien arising pursuant to this Article shall be a continuing lien in the amount stated in the assessment from the time of the assessment, but expiring pro rata as the assessment payments are made, and shall also be the personal obligation of the person or entity who is the Unit Owner of the Unit at the time of the assessment. The personal obligation to pay a prior assessment shall not pass to successors in interest unless expressly assumed by them; provided, however, that in the case of a sale or contract for the sale of any Unit which is charged with the payment of an assessment, the person or entity who is the Unit Owner immediately prior to the date of such sale shall be personally liable for the amounts of the monthly installments due prior to said date, and the new Unit Owner shall be personally liable for monthly installments becoming due on or after such date. The foregoing limitation on the duration of the personal obligation of a Unit Owner to pay assessments shall not, however, affect the validity or duration of the continuing lien for unpaid assessments against the respective Unit. Section 3.12 Reserve Account for Repair or Replacement. Unless the Plat Community has nominal reserve costs or the cost of a reserve study or update exceeds ten percent (10%) of the Association's annual Common Expenses, the Association shall establish and maintain a reserve fund for major maintenance, repair or replacement of the Common Elements and any improvements thereon ("Reserve Account"). Such Reserve Account shall be deposited with a banking institution, and in the name of the Association. The Reserve Account shall be expended only for the purpose of affecting the major maintenance, repair or replacement of the Common Elements and any improvements and community facilities thereon, and to any sidewalks, roads, walls or pathways developed as a part of the Plat Community, equipment replacement, and for operating contingencies of a nonrecurring nature. The Board is responsible for administering the Reserve Account. By the tenth year following the conveyance of the first Unit, the Association shall establish a minimum reserve of $150,000 specifically for stormwater facilities, adjusted annually according to the All West Urban Consumer Price Index. This reserve amount is in addition to other reserves that may be established. The Association may establish such other reserves for such other purposes as it may from time to time consider to be necessary or appropriate. The proportional interest of any Unit Owner in any such reserves shall be considered an appurtenance of his or her Unit and shall not be separately withdrawn, assigned, or transferred from the Unit to which it appertains. Section 3.13 Withdrawals from Reserve Account. The Board may withdraw funds from the Reserve Account to pay for unforeseen or unbudgeted costs that are unrelated to replacement costs of the Reserve Components. Any such withdrawal must be recorded in the minute books of the Association. The Board must give notice of any such withdrawal to each Unit Owner and adopt a repayment schedule not to exceed twenty-four (24) months unless the Board determines that repayment within twenty-four (24) months would impose an unreasonable burden on the Unit Owners. The Board must provide to Unit Owners along with the annual budget adopted in accordance with Section 3.3: (a) notice of any such withdrawal; (b) a statement of the current deficiency in reserve funding expressed on a per unit basis; and (c) the repayment plan. The Board may withdraw funds from the Reserve Account without satisfying the notification for repayment requirements under this section to pay for replacement costs of Reserve Components not included in the reserve study. Section 3.14 Reserve Studies. The provisions of this section are intended to summarize the requirements for reserve studies as provided in RCW 64.90.545 — 64.90.560, and in the event of any conflict with the provisions herein, the statutory provisions shall control. - 11 - 4935-3867-9301, v. 7 (a) Board Determination. Unless exempt under Section 3.12, the Association must prepare and update a reserve study in accordance with this RCW 64.90.550 ("Reserve Study"). An initial Reserve Study must be prepared by a Reserve Study Professional and based upon either a Reserve Study Professional's visual site inspection of completed improvements or a review of plans and specifications for unbuilt improvements, or both when construction of some but not all of the improvements is complete. An updated Reserve Study must be prepared annually. An updated Reserve Study must be prepared at least every third year by a Reserve Study Professional and based upon a visual site inspection conducted by the Reserve Study Professional. (b) Unit Owner Demand. When more than three (3) years have passed since the date of the last Reserve Study prepared by a Reserve Study Professional, the Unit Owners to which at least twenty percent (20%) of the votes are allocated may demand, in writing, to the Association that the cost of a Reserve Study be included in the next budget and that the Reserve Study be prepared by the end of that budget year. The written demand must refer to RCW 64.90.555. The Board shall, upon receipt of the written demand, include the cost of a Reserve Study in the next budget and, if that budget is not rejected by the Unit Owners pursuant to Section 3.12, arrange for the preparation of a Reserve Study. Section 3.15 Limitations on Liability related to Reserve Account and Reserve Studies. Monetary damages or any other liability may not be awarded against or imposed upon the Association, its officers, the Board, or those persons who may have provided advice or assistance to the Association, its officers, or the Board, for failure to: (a) establish a Reserve Account; (b) have a current Reserve Study prepared or updated in accordance with the requirements of the Act and this Declaration; or (c) make the required disclosures in accordance with Subsection 3.3(b) and the Act. Section 3.16 Failure to Comply Does Not Relieve Unit Owners. A Unit Owner's duty to pay assessments is not excused, and a budget ratified by the Unit Owners is not invalidated, because of the Association's failure to comply with the Reserve Study or Reserve Account requirements. Section 3.17 Certain Areas Exempt. The Tracts and all portions of the Plat Community dedicated to and accepted by a public authority shall be exempt from assessments by the Association. Section 3.18 Secret Ballot. The following votes of Unit Owners shall be conducted by secret ballot: (a) Election of Board members, (b) removal of Board members or officers, and (c) amendments to the Declaration or Governing Documents. Section 3.19. Notices. Electronic addresses of Unit Owners who have opted -in to keep such information confidential shall not be disclosed. ARTICLE 4. ARCHITECTURAL CONTROL COMMITTEE Section 4.1 Architectural Control Committee. An Architectural Control Committee ("Committee") consisting of at least three (3) members, but in any event always an odd number of members, is hereby created with the rights and powers set forth in this Declaration. The initial members of the Committee shall be representatives appointed by Declarant. Committee members shall not be entitled to compensation for their services hereunder, except as may be determined by the Board of Directors. Declarant shall have the right and power at all times to appoint or renew the appointment of the members of the Committee or to fill any vacancy until such time as Declarant no longer owns any Units. After Declarant no longer owns any Units, the Board shall have the power to appoint and remove the members of the Committee. -12- 4935-3867-9301, v. 7 Section 4.2 Jurisdiction and Purpose. The Committee shall review proposed plans and specifications for construction of all residences and other Structures within the Plat Community, including any additions, exterior alterations, fences, major landscaping, clearing, painting, paving and excavation. Until Declarant no longer owns any Units, a prospective Unit Owner shall submit architectural and landscaping plans and specifications to the Committee for its review prior to closing the purchase of a Unit. Prior to submittal to the Committee, the Unit Owner shall verify all improvements meet all local municipal codes. The Committee assumes no liability and holds no authority to approve, permit, or allow any construction on behalf of the local governing authorities: The Committee shall adopt and publish rules and procedures for the review of such plans and specifications. It shall be the obligation of each Unit Owner or prospective Unit Owner to be familiar with the rules and procedures of the Committee. As conditions precedent to approval of any matter submitted to it, the Committee shall find: (a) Consistent with Declaration. The approval of the plan is in the best interest of the Unit Owner and consistent with this Declaration. (b) General Considerations. General architectural considerations, including relationship and layout of Structures to natural features and adjacent homes, orientation and location of buildings, vehicular access, circulation and parking, setbacks, height, walls, fences, and similar elements have been designed to be compatible with the overall design of the Plat Community. (c) Site Considerations. General site considerations, including site layout, relationship of site to vegetation, natural features, open space and topography, orientation and locations of buildings, vehicular access and driveway lighting, circulation and parking, setbacks, height, walls, fences and similar elements have been designed to be compatible with the overall design of the Plat Community. (d) Landscape Considerations. General landscape considerations, including the location, type, size, color, texture and coverage of plant materials, provisions for irrigation, maintenance and protection of existing landscaped areas and similar elements have been considered to ensure visual relief, to complement buildings and Structures, and to provide an attractive environment for the enjoyment of the Unit Owners in general and the enhancement of the property values in the Plat Community. (e) aiding. Without limiting the foregoing, each residence, improvement or Structure constructed on a Unit shall be built of new materials except, with approval of the Architectural Control Committee, decorative items such as used brick, weathered planking, and similar items may be incorporated. All siding materials shall be of masonry (including stucco, dryvit, cultured stone, brick, stone, or similar material), and/or wood or wood -type siding material. All paints or natural finishes shall be those colors commonly known as earth tones. (f) Roofing. The roof shall be a composition roof with a 30-year life. (g) Entry Walks Porches and Decks. All front entry walks shall be concrete, and all decks and wood porches shall be constructed of cedar or pressure -treated or composite materials. (h) Driveways. All driveways shall be constructed of concrete paving. (i) Local Codes. All buildings or Structures shall be constructed in accordance with all applicable codes and regulations. In the event of a conflict between any applicable codes and this Declaration, the codes shall govern. -13- 4935-3867-9301, v. 7 Section 4.3 Approval Procedures. Two copies of a preliminary application for approval must be submitted in writing to the Committee at the registered office of the Association. Within fifteen (15) days following receipt of a preliminary application, the Committee shall notify the applicant in writing as to whether the application is complete and, if not, of any additional information that may be required before the Committee can review the application. The Committee's rules and procedures may specify the payment of a reasonable nonrefundable fee, to be set forth in the Committee rules, for the purpose of defraying the costs associated with the Committee's review of the preliminary application. This fee may be adjusted from time to time by the Committee in accordance with its rules and procedures. The Committee shall review the application in accordance with the provisions of this section as soon as possible after a complete application has been filed. The decision of a majority of the members of the committee shall be the decision of the Committee. One copy of approved plans will remain in the Committee's files. All disapproved plans will be returned to the applicant. Section 4.4 Failure of Committee to Take Action. Except as provided in Section 4.6 below, if the Committee fails to respond to an applicant's complete and properly submitted application within thirty (30) days after the Committee has notified the applicant that the application is complete, formal written approval will not be required, and the applicant shall be deemed to have fully complied with the provisions for approval; provided, however, if the Committee delivers notice of the need for one (1) thirty (30) day extension prior to expiration of the above -referenced thirty (30) day period, the Committee shall have thirty (30) additional days to make its decision. Section 4.5 Committee's Obligation. The Committee, in its deliberations and in the discharge of its obligations hereunder, shall act objectively and fairly in making decisions concerning various plans, specifications, plot plans and landscape plans submitted to it by various applicants for consideration in accordance with the provisions of this Declaration. Further, the determinations of the Committee as to noncompliance shall be in writing, signed by the Committee, and shall set forth in reasonable detail the reason for noncompliance. The Committee may approve, approve with conditions, or disapprove an application or any part thereof. In all cases, the sole responsibility for satisfying the provisions of this Declaration and all local building codes and governmental requirements rests with the applicant. In consideration of the Committee's review of an applicant's application, the applicant shall indemnify and hold the Committee harmless from any claim or damages resulting from applicant's failure to comply with applicable building codes or other governmental requirements. Section 4.6 Exemptions and Variances from Committee Requirements. The Committee may, upon request, grant exemptions and variances from the rules and procedures of the Committee and the requirements of this Declaration when the party requesting such exemption or variance establishes to the satisfaction of the Committee that the improvements or other matters which are desired by the applicant are aesthetically as appealing, suited to climatic conditions, and compatible with the overall character of the development as are similar improvements or matters which conform to the requirements of this Declaration. Request for an exemption or variance shall be submitted in writing to the Committee and shall contain such information as the Committee shall from time to time require. The Committee shall consider applications for exemption or variance and shall render its decisions within thirty (30) days after notice to the applicant of proper submission. The failure of the Committee to approve an application for an exemption or variance shall constitute disapproval of such application. Section 4.7 Construction Deposit. For purposes of protecting the Common Elements and Common Element improvements against damage during construction by a Unit Owner, his or her contractors and agents, the Committee has authority, but is not mandated, to require a cash deposit from -14- 4935-3867-9301, v. 7 each Unit Owner to whom approval of plans is given of an amount deemed appropriate by the Committee for such purposes ("Construction Deposit"), if the Committee finds that potential damage can be done to the Common Element(s) caused by Unit Owner's proposed construction. The Construction Deposit, however, shall not exceed Two Thousand Dollars ($2,000.00). If a Unit Owner, his or her contractor, agents or employees causes any damage or destruction to any portion of the Common Elements or Common Element Improvements, the Committee shall notify such Unit Owner and request the replacement or repair of the item or area damaged or destroyed. The Unit Owner shall have a period of two (2) business days after the date or receipt of such notice to advise the Committee of its intended course of action and its schedule for correction of the damage, and to commence such correction. The Committee shall in its sole discretion approve or disapprove such course and schedule, and the Unit Owner agrees to make such changes thereto as are necessary to obtain the Committee's approval. If the Unit Owner fails to correct the damage in the manner or within the time approved by the Committee, the Committee may, at its option, perform such work as is necessary to remedy the situation on behalf and at the expense of the Unit Owner and apply the Construction Deposit against the cost thereof. If the cost of such work exceeds the total amount of the Construction Deposit, the Unit Owner shall pay the Association that excess cost within ten (10) days of demand by the Committee. Upon completion of construction of the Improvements on the Unit, and following a joint inspection of the Improvements and Unit by the Unit Owner and the Committee to verify that no damage to the Common Elements and/or Common Element Improvements has occurred, the Committee shall make a final determination of compliance and return the remaining balance, if any, of the Construction Deposit to the Unit Owner, without interest within ten (10) days of such final determination Section 4.8 Failure of Applicant to Comply. Failure of the applicant to comply with the rules and procedures of the Committee or the final application as approved by the Committee shall, at the election of the Association's Board exercised after thirty (30) days' written notice to such applicant, constitute a violation of this Declaration. In that event, the Board shall be empowered to assess a penalty commensurate with the violation, which shall constitute a lien against such Unit, enforceable as provided herein and/or pursue any other remedy, including, but not limited to, an action for injunctive relief or specific performance. ARTICLE 5. LIEN ENFORCEMENT Section 5.1 Statutory Lien. The Association has a statutory lien on each Unit for any unpaid assessment against the Unit from the time such assessment is due, pursuant to and on the terms set forth in RCW 64.90.485. Proceedings to enforce the lien or collect the debt for any unpaid assessments will be governed by RCW 64.90.485. Section 5.2 Lien Priority. The Association's lien has priority over all other liens and encumbrances on a Unit except: (a) Liens and encumbrances recorded before the recordation of this Declaration; (b) Except as otherwise provided in this section, a security interest on the Unit recorded before the date on which the unpaid assessment became due; and (c) Liens for real estate taxes and other state or local governmental assessments or charges against the Unit. A lien under this section also has priority over the security interests described in (b) above to the extent of an amount equal to the following: - 15 - 4935-3867-9301, v. 7 (i) The Common Expense assessments, excluding any amounts for capital improvements, based on the periodic budget adopted by the Association pursuant Article 3, above, along with any specially allocated assessments that are properly assessable against the Unit under such periodic budget, which would have become due in the absence of acceleration during the six (6) months immediately preceding the institution of proceedings to foreclose either the Association's lien or a security interest described in (b) above; (ii) The Association's actual costs and reasonable attorney fees incurred in foreclosing its lien but incurred after the giving of the notice described in (iii) below; provided, however, that the costs and reasonable attorney fees that will have priority under this subsection (ii) shall not exceed two thousand dollars ($2,000) or an amount equal to the amounts described in (i) above, whichever is less; (iii) The amounts described in (ii) above shall be prior only to the security interest of the holder of a security interest on the Unit recorded before the date on which the unpaid assessment became due and only if the Association has given that holder not less than sixty (60) days' prior written notice that the owner of the Unit is in default in payment of an assessment. Upon payment of the amounts described in (i) of the preceding sentence by the holder of a security interest, the Association's lien described in this section shall thereafter be fully subordinated to the lien of such holder's security interest in the Unit. ARTICLE 6. USE COVENANTS, CONDITIONS AND RESTRICTIONS Section 6.1 Authorized Uses. The Plat Community shall be used solely for residential purposes and related facilities normally incidental to a residential community. After the Declarant Control Period no Unit shall be further subdivided, except as permitted in this Declaration without prior approval conferred by Association Action. With respect to non-residential uses, Unit Owners in the Plat Community shall abide by the following provisions: (a) In addition, no professional, business, or commercial activity to which the general public is invited will be conducted on any portion of the Unit, except an Owner or such Owner's lessee may conduct business activities within an Unit so long as: (i) such activity complies with applicable law; (ii) participation in the business activity is limited to the Owner(s) or tenant(s) of the Home; (iii) the existence or operation of the business activity is not apparent or detectable by sight (e.g., no sign may be erected advertising the business within the Plat Community), sound, or smell from outside the Unit; (iv) the business activity does not involve door-to-door solicitation of residents within the Plat Community; (v) the business does not, in the Board's judgment, generate a level of vehicular or pedestrian traffic or a number of vehicles parked within the Plat Community which is significantly greater than that which is typical of residences in which no business activity is conducted; (vi) the business activity is consistent with the residential character of the Plat Community and does not constitute a nuisance, a hazardous or offensive use, or threaten the security or safety of other residents of the Plat Community as may be determined in the sole discretion of the Board; and (vii) the business does not require the installation of any machinery other than that customary to normal homes and household operations. (b) Notwithstanding any provision in this Declaration to the contrary, Declarant and its assignees and licensees, including but not limited to builders authorized by Declarant in writing, may construct improvements and carry on and maintain upon or within portions of the Common Area (including without limitation amenity centers or other buildings) and within any Unit owned by Declarant or its assignees or licensees or authorized builders, as applicable, such exclusive and non-exclusive uses, events -16- 4935-3867-9301, v. 7 and other activities which, in Declarant's sole opinion, may be reasonably required, convenient, or incidental to the sale, leasing, marketing and/or construction of Units or the development of the Plat Community, including, but not limited to, signs, flags and other marketing materials, model homes, and marketing, sales, construction, leasing and other business offices. Declarant and its assignees and licensees have an easement over and across the Common Area for such uses, events and activities at no charge. Section 6.2 Leasing Restrictions. Unit Owners in the Plat Community shall abide by the following restrictions: (a) Subject to the restrictions and requirements contained herein and in the other Governing Documents, Owners in the Plat Community (including but not limited to Declarant) may lease their Units, the lessees of any leased Unit are generally permitted to use the Common Elements on the same basis as Unit Owners, and, except as expressly provided otherwise herein or in the other Governing Documents, all assessments and obligations under the Governing Documents shall be applied consistently with respect to each Owner and Unit. All Units in the Plat Community, whether leased or not, must be maintained in accordance with the requirements and standards set forth herein and in the other Governing Documents. In purchasing a Unit, each Owner accepts that other Owners may lease their Unit and Declarant may sell Units in the Plat Community to investors or other companies or persons who may use them for rental purposes. (b) No Unit may be used as a lodging house, hotel, bed and breakfast lodge, or any similar purpose, but Units may be leased for residential purposes for an initial lease term of no less than six (6) months, unless a shorter period is approved by Declarant during the Declarant Control Period. No Unit may be advertised for lease as a short-term rental of less than a six (6) month term on any website or other advertising medium. All leases must be for the entire Unit must be in writing. The Owner must provide a copy of this Declaration and other Governing Documents to its lessee. An Owner must deliver a copy of each Unit lease to the Association within thirty (30) days after the effective date of the lease. (c) An Owner who leases such Owner's Unit is deemed to have assigned such Owner's rights to use the Common Elements and other Common Areas to the lessee of such Unit and such Owner is not entitled to use the Common Elements and other Common Areas while the Unit is occupied as a rental property. All lessees and other occupants of a Unit are obligated to comply with all obligations contained in the Governing Documents, including without limitation repairing and maintaining the occupied Unit in accordance with the Governing Documents. The Owner of a leased Unit is responsible to the Association for any violation of the Governing Documents by the Owner's lessee and their guests or invitees, and for any expense incurred by the Association in connection with enforcing the Governing Documents due to such violation. In the event of any such violation of the Governing Documents, the applicable Owner, upon notice thereof by the Association, shall immediately take all necessary actions to correct such violation. Neither the Association nor the Declarant will be liable to an Owner for any damages, including lost rents, suffered by the Owner in relation to the Association's enforcement of the Governing Documents against the Owner's lessee or other occupants of the Unit, nor liable to any Owner for any claim or damages of any kind resulting from another Owner's leasing of such Owner's Unit or the activities or conduct of such Owner's lessee or other occupants of the Unit. (d) Notwithstanding any provision in this Declaration to the contrary, unless otherwise required by applicable law, (i) any additional restriction pertaining to the leasing of Units must be adopted by an amendment to this Declaration, and (ii) after the expiration of the Declarant Control Period, no amendment to this Declaration for that purpose will be effective without the express written consent of - 1'7 - 4935-3867-9301, v. 7 100% of the total number of votes in the Association. The Board may not adopt additional restrictions on the leasing of Units by rule. Section 6.3 Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or kept in the Plat Community except as specifically provided herein. Domesticated dogs, cats, or other conventional household pets may be kept if they are not kept, bred, or maintained for any commercial purposes, and all animals must be in compliance with applicable codes and regulations. "Other conventional household pets" shall include only traditionally domesticated pets and shall not include any form of poultry (i.e., domestic fowl, including but not limited to chickens, turkeys, ducks, and geese) or any exotic pets such as large or potentially dangerous reptiles, potentially harmful insects, bees, large birds, wild animals, and animals not normally domesticated, all of which are strictly prohibited in the Plat Community. No domestic pet may be kept if its presence or actions constitute a public or private nuisance. Pets shall be registered, licensed, and inoculated from time to time as required by law. When not confined to the Unit Owner's Unit, pets within the Plat Community shall be leashed and accompanied by a person responsible for cleaning up any animal waste. No pets shall be tethered to any rope, cord, chain, etc., while outdoors on a Unit within the Plat Community for longer than two hours at a time. Section 6.4 Commercial Uses. No commercial enterprise, including itinerant vendors, shall be permitted on any Unit; provided, however, that the Association may, by adopting rules and regulations, permit specified home occupations to be conducted if allowed by law and if such occupation will not, in the reasonable judgment of the Association, cause traffic congestion or other disruption of the Plat Community; and provided further that no signs or advertising devices of any character shall be permitted. Section 6.5 Vehicle Storage. No storage of goods, vehicles, boats, trailers, trucks, campers, recreational vehicles or other equipment or device shall be permitted in open view from any Unit, except this shall not exclude temporary (less than twenty-four (24) hours) parking of vehicles on the designated driveway areas adjacent to garages on the Units. Upon forty-eight (48) hours' notice to the Unit Owner of an improperly parked or stored vehicle, boat, or other equipment, the Association has authority, to have removed at the Unit Owner's expense any such vehicle visible from the street that is parked on any Unit, street or within a Common Element for more than twenty-four (24) hours. Section 6.6 Garbage. All trash shall be placed in sanitary containers that are screened so as not to be visible from adjoining Structures or streets or roadways. No Unit or any portion thereof shall be used as a dumping ground for trash or rubbish of any kind. Yard rakings, dirt and debris resulting from landscaping work or Construction shall not be dumped onto adjoining lots or streets or roadways. Section 6.7 Utilities Underground. Except for hoses and the like which are reasonably necessary in connection with normal lawn maintenance, no water pipe, sewer pipe, gas pipe, drainage pipe, telephone, power, or television cable, or similar transmission line shall be installed or maintained above the surface of the ground. Section 6.8 Signs. Except for entrance, street, directional, traffic control, and safety signs, no promotional signs or advertising devices of any character shall be posted or displayed in the plat Community; except for the following: (a) one temporary real estate sign not exceeding six (6) square feet in area may be erected upon any Unit or attached to any residence placed upon the market for sale or for rent; (b) an Owner may place one sign on the inside of a window advertising a Unit "for rent", provided the sign does not exceed one and one-half feet (11/2') by one and one-half feet (11/z') in size and is removed within five (5) days after a lease is signed; (c) directional, marketing or other signs, billboards or monuments may be erected on any Unit or elsewhere in the Plat Community by Declarant and its assignees and licensees -18- 4935-3867-9301, v. 7 (including but not limited to any builder) designated in writing by Declarant as having the right to erect such signs, billboards or monuments. Any such temporary real estate sign shall be removed promptly following the sale or rental of such Unit or residence. In addition, nothing in this section shall be construed to prohibit the display of signs regarding candidates for public or Association office, or ballot issues, on or within a Unit, so long as such signs are no larger than four (4) square feet and in place no longer than sixty (60) days. Flags of the United States or the State of Washington are not considered signs hereunder and are permitted, provided, however, that the Association may place reasonable restrictions on the time, place and manner of display as permitted by federal and state law. All signs posted or displayed must comply with the standards of the Port Townsend Municipal Code Section 6.9 No Obstruction of Easements. No structure, planting, or other material shall be placed or permitted to remain upon the Real Property which may damage or interfere with any easement or the installation or maintenance of utilities, or which may unreasonably change, obstruct, or retard direction or flow of any drainage channels. No decorative planting, structure or fence may be maintained within an easement area. Section 6.10 Antennas and Clotheslines. No external clotheslines shall be permitted in the Plat Community. Each Owner has a right to install an external antenna/satellite dish pursuant to 47 C.F.R. § 1.4000; provided, however, that no other antenna are allowed in the Plat Community and further provided that the ACC approves the location of the allowed antenna. Section 6.11 Unit Owners' Maintenance Responsibilities. The maintenance, upkeep, and repair of individual Units and homes shall be the sole responsibility of the individual Unit Owners thereof, and in no way shall it be the responsibility of the Association, its agents, officers or directors. Unit Owners shall maintain their Units and homes in good repair and in a clean, sightly, and sanitary condition at all times. Without limitation as to the foregoing, each Unit Owner shall be obligated to keep his or her Unit and home in a clean, sightly and sanitary condition and maintain the landscaping on his or her Unit in a healthy and attractive state and in a manner comparable to that on the other Units in the Plat Community. No storage of firewood shall be permitted in front yards. After thirty (30) days' written notice to a Unit Owner from the Association of such Unit Owner's failure to so maintain his home or Unit, and after approval by a two-thirds (2/3) majority vote by the Board, the Association shall have the right, through its agents and employees, to enter upon any Unit which has been found to violate the foregoing standards in order to restore the home or Unit to such standards. The cost of such work shall be a special assessment on such Unit Owner and his or her Unit only. Section 6.12 Weapons. No firearms of any kind or nature, including rifles, handguns, bows, slingshots, BB guns, slings, traps, or any other like weapon, shall be used or discharged the Plat Community except by authorized governmental officials. Section 6.13 Nuisances Prohibited. No noxious or offensive activity shall be conducted in any portion of the Plat Community, nor shall anything be done or maintained therein in derogation or violation of the laws of the State of Washington or any other applicable governmental entity. Nothing shall be done or maintained on any portion of the Plat Community which may be or become an annoyance or nuisance to the neighborhood or detract from the value of the Plat Community. The Association shall determine by Association Action whether any given use of a Unit unreasonably interferes with the rights of the other Unit Owners to the use and enjoyment of their respective Units or of the Common Elements, and such determination shall be final and conclusive. -19- 4935-3867-9301, v. 7 Section 6.14 Preservation of Landscaping. No party subject to the terms of this Declaration or his/her/their agents, employees or guests shall destroy or otherwise materially adversely impact landscaping on Common Elements and/or dedicated Tracts, or as otherwise governed by applicable laws, codes and regulations. Section 6.15 Temporary Structures. No Structure or improvement of a temporary character, including without limitation a trailer, tent, shack, garage, barn, or other outbuilding shall be installed, placed or used on any Unit as a dwelling or residence, either temporarily or permanently. Section 6.16 Window Coverings. Within ninety (90) days of occupancy of a residence on a Unit, curtains, drapes, blinds or valances shall be installed on all bedroom, bathroom and closet windows and all main windows in the great room that are visible from adjacent Units. No newspapers, bed sheets, or other makeshift window coverings shall be visible from the exterior of the residence. Section 6.17 Fences. All fences shall match the fences installed at the time the Real Property was first developed by Declarant, unless otherwise authorized by the Board. Any fences that are stained must be stained to match the stain originally used on the fences within the Plat Community unless otherwise approved by the Architectural Control Committee. Section 6.18 Unit Size Restriction. No Unit or portion of a Unit in the community shall be divided and sold or resold or ownership changed or transferred, whereby the ownership of any portion of the Plat Community shall be less than the area required for the use district in which located. Section 6.19 Damage. Any damage to streets, Common Element Improvements, entry structures, fences, landscaping, mailboxes, lights and lighting standards by Unit Owners, their children, contractors, agents, visitors, friends, relatives or service personnel shall be repaired and restored to like new condition by such Unit Owner within twelve (12) days from the occurrence of such damage. After thirty (30) days' written notice to a Unit Owner from the Association of such Unit Owner's failure to so repair, and after approval by a two-thirds (2/3) majority vote by the Board, the Association shall have the right, through its agents and employees, make such repairs on behalf of such Unit Owner. The cost of such work shall be a special assessment on such Unit Owner and his or her Unit only. Section 6.20 Encroachments. If the construction, reconstruction, or alteration of a building or the vertical or lateral movement of a building results in an encroachment due to a divergence between the existing physical boundaries of a Unit and the boundaries described in the Declaration, the existing physical boundaries of the Unit are its legal boundaries, rather than the boundaries described in the declaration, unless the encroachment: (a) extends beyond five feet, as measured from any point on the common boundary along a line perpendicular to the boundary; or (b) results from willful misconduct of the Unit Owner that claims a benefit under this section. ARTICLE 7. COMMON ELEMENTS Section 7.1 Title to Common Elements. All Common Elements were dedicated in accordance with the terms of the Map upon recording of the Map. Every Common Element shall be subject to an easement of common use and enjoyment in favor of the Association and every Unit Owner, their heirs, successors, and assigns, in accordance with the terms and conditions of the Governing Documents and the Map. -20- 4935-3867-9301, v. 7 Section 7.2 Maintenance of Common Elements. The Association shall maintain, repair, replace, improve, and otherwise manage all of the Common Elements so as to keep them in good repair and condition and shall conduct such additional maintenance, repair, replacement, construction, or reconstruction as may be determined pursuant to Association Action. The Association shall take any action necessary or appropriate to the maintenance and upkeep of the Common Elements and improvements thereon. Section 7.3 Common Element Aesthetic Standards Committee. A Common Element Aesthetic Standards Committee ("Common Element Committee") consisting of at least three (3) members, but in any event always an odd number of members, is hereby created with the rights and powers set forth in this Declaration. The initial members of the Common Element Committee shall be representatives appointed by Declarant. Common Element Committee members shall not be entitled to compensation for their services hereunder, except as may be determined by the Board of Directors. Declarant shall have the right and power, as a Special Declarant Right, at all times to appoint or renew the appointment of the members of the Common Element Committee or to fill any vacancy until such time as Declarant no longer owns any Units. After Declarant no longer owns any Units, the Board shall have the power to appoint and remove the members of the Common Element Committee, or alternatively, the Board shall have the power to terminate the Common Element Committee. (a) Jurisdiction and Purpose. The Common Element Committee shall establish and maintain the aesthetic standards for the Common Elements, provide for the maintenance, repairs, replacements and improvements (including contracting with Declarant or a third party for the same) of the Common Elements and approve the budget for all maintenance, repairs, replacements and improvements for all Common Elements ("Common Element Budget"). The Common Element Committee's powers, jurisdiction and purpose stated herein will be broadly construed. The Common Element Committee assumes no liability and holds no authority to approve, permit or allow any construction on behalf of the local governing authorities. (b) Common Element Budget Process. As part of establishing its annual budget, the Board shall deliver the Common Element Budget to the Common Element Committee for review and approval. All proposed Common Element Budgets shall at a minimum provide funds for maintenance, repair and replacement of the Common Elements consistent with the quality, nature and location of the community and in a manner that other communities similar in quality, nature and location to the community are maintained. Upon receipt from the Board, the Common Element Committee shall have thirty (30) days to review and approve, or propose changes to, the proposed Common Element Budget. So long as the members of the Common Element Committee are appointed by Declarant, the Board shall adopt the Common Element Budget as approved or revised by the Common Element Committee; provided, however, Declarant shall be responsible for paying any difference in costs between the Board's proposed Common Element Budget and the revised Common Element Budget prepared by the Common Element Committee. Once the members of the Common Element Committee are appointed by the Board, the Board shall have the option of either adopting the Common Element Committee's proposed Common Element Budget or rejecting any revisions; in either case, Declarant shall have no obligation for payment of any portion of the Common Element Budget. Such review and approval process shall be repeated for any changes to the Common Element Budget following the adoption of the annual budget pursuant to Section 3.3. Nothing herein will diminish or waive any duty the Board would otherwise have to fund common expenses from assessments under this Declaration or the Act. Section 7.4 Monument and Landscaping Maintenance and Easements. The Association shall be responsible for maintaining any monument signage in the Plat Community and shall be responsible -21 - 4935-3867-9301, v. 7 for maintaining any landscaping in Common Elements, including but not limited to planter strips, in accordance with the terms of the Map and all applicable laws, codes and regulations. Section 7.5 No Adverse Possession of Common Elements. No Unit Owner or person claiming through a Unit Owner may acquire title by adverse possession to, or an easement by prescription in, any Common Element of this common interest community in derogation of the title of another Unit Owner or the Association. ARTICLE 8. CERTAIN GRANTS, EASEMENTS, COVENANTS AND RESTRICTIONS Section 8.1 Tracts. Madrona Ridge Phase 1 (a) Storm Pond Tracts. Tracts A and B are private storm pond tracts. Tract D is a storm pond tract. Upon recording of the Map, Tracts A and B were conveyed to the Association for ownership and maintenance purposes. Tract D was conveyed to the City of Port Townsend for ownership and maintenance purposes. (b) Open -Space Tracts. Tracts C, I, J, K, L, M, N, and O are public open -space tracts. Upon recording of the Map, these tracts were conveyed to the Association for ownership and maintenance purposes. Upon recording of the Map, an easement was granted over entirety said of tracts for public pedestrian access purposes. (c) Public Open -Space Tract. Tract E is an open -space tract. Upon recording of the Map, Tract E was conveyed to the City of Port Townsend for ownership and maintenance purposes. (d) Open -Space and Utility Tract. Tract F is a public open space, pedestrian access, and utility tract. Upon recording of the Map, Tract F was conveyed to the Association for ownership and maintenance purposes. (e) Emergency Pedestrian Access and Landscape Buffer Tract. Tract H is a public emergency/pedestrian access and landscape buffer tract. Upon recording of the Map, Tract H was conveyed to the Association for ownership and maintenance purposes. (f) Private Access Tract. Tract R is a private access tract for ingress, egress, and utilities for Units 7 and 8. Ownership of Units 7 and 8 includes an equal and undivided ownership interest in and responsibility for maintenance of Tract R. (g) Future Development Tract. Tract Z, as depicted on the Plat, is a future development tract to be retained by Lennar Northwest, LLC. -22- 4935-3867-9301, v. 7 Section 8.2 Easements. Madrona Ridge Phase 1 (a) Utility Easements. Upon recording of the Map, a utility easement (UE) was granted to the City of Port Townsend and all utility providers serving the subject plat and their respective successors and assigns, and all Unit owners of the Plat, under and upon the exterior ten -feet (10') of the Units and Tracts lying parallel with and adjoining the street frontage as shown and labeled hereon, in which to install, lay, construct, operate, maintain, repair, replace, enlarge underground pipes, conduits, cables and wires with all necessary or convenient underground or ground -mounted appurtenances thereto, for the purpose of serving this subdivision and other property with electric, gas, telephone, television, public and private storm drainage and other utility service, together with the right to enter upon the Units, Tracts and common areas at all times for the purposes herein stated. The City and agents or permittees shall have the right at all times to enter the easement area for the purpose of inspecting, maintaining, improving, repairing, constructing, locating, and relocating public infrastructure and improvements consistent with the rights for dedicated public right of way, including access to and passage over and through the easement area in a manner providing appropriate clearance, safety, and possibility. The construction of any structures and/or permanent storage within easement area is prohibited. Construction of fences may be allowed as long as gates at least 10 ft wide are provided. The City shall not be responsible for the cost of restoration beyond restoring top soil and seeding grass. (b) Public Storm Drainage Easements. Upon recording of the Map, the public storm drainage easements (SDE) were granted to the City of Port Townsend for ownership and maintenance of the public storm drainage facilities which lie within the easement area. (c) Private Storm Drainage Easements. Upon recording of the Map, the private storm drainage easements (PSDE) were granted to the Unit owners who would benefit from their use. The owners of said benefited Units shall be equally responsible for the maintenance, repair and/or reconstruction of that portion of the private storm drainage system that they have the benefit of use, except that no owner shall be responsible for the maintenance and/or reconstruction of that portion of the commonly used private storm drainage system located upstream from the point of connection of that respective owner. Other than normal landscaping maintenance, Owners shall not interfere with or modify the drainage areas or improvements within the PSDE without all necessary permits and approvals from the City and the Association. (d) Public Waterline Easements. Upon recording of the Map, the public waterline easements (WLE) were granted to the City of Port Townsend for ownership and maintenance of the public waterline facilities which lie within the easement area. (e) Public Access Easements. Upon recording of the Map, the public access easements (PAE) for pedestrians and emergency services shown on the Map were granted to provide access to the public. The Association and agents shall have the right at all times to enter the described PAE areas for the purpose of inspecting, maintaining, improving, repairing, constructing, reconstructing, locating, and relocating public infrastructure and improvements consistent with the rights for dedicated public right of way, including access to and passage over and through the PAE areas in a manner providing appropriate clearance, safety, and possibility. Except as permitted by the City in writing, construction of any structures, fences, and/or permanent storage within the PAE areas is prohibited. The City shall have the right to construct and maintain future public access facilities serving the City pedestrian network. - 23 - 4935-3867-9301, v. 7 ARTICLE 9. INSURANCE; CASUALTY LOSSES; CONDEMNATION Section 9.1 Insurance Coverage. Commencing not later than the time of the first conveyance of a Unit to a person other than Declarant, the Association must maintain in its own name, to the extent reasonably available and subject to reasonable deductibles: (a) Property insurance on the Common Elements and on property that must become Common Elements, insuring against risks of direct physical loss commonly insured against, as near as practicable to the full insurable replacement value (without deduction for depreciation) of the Common Elements, exclusive of land, excavations, foundations, and other items normally excluded from property policies; (b) Commercial general liability insurance, including medical payments insurance, in an amount not less than One Million Dollars ($1,000,000.00) covering all occurrences commonly insured against for bodily injury and property damage arising out of or in connection with the use, ownership, or maintenance of the Common Elements and, in cooperatives, of all Units; (c) Fidelity insurance; and (d) Such other insurance as the Association deems advisable; provided, that notwithstanding any other provisions herein, the Association shall continuously maintain in effect casualty, flood, and liability insurance and a fidelity bond meeting the insurance and fidelity bond requirements for similar projects established by Federal National Mortgage Association, Governmental National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Housing Authority, and Veterans Administration, so long as any of them is a Mortgagee or Unit Owner, except to the extent such coverage is not available or has been waived in writing by such agencies. Section 9.2 Casualty Losses. In the event of substantial damage to or destruction of any of the Common Elements, the Association shall give prompt written notice of such damage or destruction to the Unit Owners and to all Mortgagees who have requested notice of such damage or destruction from the Association. Insurance proceeds for damage or destruction to any part of the Common Elements shall be paid to the Association as a trustee for the Unit Owners, or its authorized representative, including an insurance trustee, which shall segregate such proceeds from other funds of the Association. Section 9.3 Condemnation. If any part of the Common Elements is made the subject matter of any condemnation or eminent domain proceeding, or is otherwise sought to be acquired by any condemning authority, the Association shall give prompt notice of any such proceeding or proposed acquisition to the Unit Owners and to all Mortgagees who have requested notice of any such proceeding or proposed acquisition from the Association. All compensation, damages, or other proceeds therefrom, shall be payable to the Association. ARTICLE 10. ENFORCEMENT Section 10.1 Right to Enforce. The Association, Declarant, City of Port Townsend, or any Unit Owner shall have the right to enforce, by any appropriate proceeding at law or in equity, all covenants, conditions, restrictions, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. -24- 4935-3867-9301, v. 7 Section 10.2 Remedies Cumulative. Remedies provided by this Declaration are in addition to, cumulative with, and are not in lieu of, other remedies provided by law. There shall be, and there is hereby created, a conclusive presumption that any breach or attempted breach of the covenants, conditions, and restrictions herein cannot be adequately remedied by an action at law or exclusively by recovery of damages. Section 10.3 Covenants Running with the Land. The covenants, conditions, restrictions, liens, easements, enjoyment rights, and other provisions contained herein are intended to and shall run with the land and shall be binding upon all persons purchasing, leasing, subleasing, or otherwise occupying any portion of the Real Property, their heirs, executors, administrators, successors, grantees, and assigns. All instruments granting or conveying any interest in any Unit shall be subject to this Declaration. Section 10.4 Right to Assess Penalty on Unit for Violations of Declaration. The Board, by simple majority vote, shall determine whether a Unit Owner has breached, or a Unit is in breach, of any of the covenants, conditions, and restrictions provided herein. After thirty (30) days' written notice to such Unit Owner, the Unit Owner shall have an opportunity to be heard by the Board regarding the violation. After such hearing, the Association by a two-thirds (2/3) majority vote of the Board, is empowered to assess a penalty in accordance with an established schedule of fines adopted by the Board and furnished to the Unit Owners. Such penalty shall be a levied special assessment and constitute a lien against the Unit, enforceable as provided herein. ARTICLE 11. AMENDMENT Section 11.1 Amendment by Declarant or Association. Upon thirty (30) days' advance notice to Unit owners, Declarant may, without a vote of the Unit Owners or approval by the Board, unilaterally adopt, execute, and record a corrective amendment or supplement to the Governing Documents to correct a mathematical mistake, an inconsistency, or a scrivener's error, or clarify an ambiguity in the Governing Documents with respect to an objectively verifiable fact including, without limitation, recalculating the liability for Common Expenses or the number of votes in the Association appertaining to a Unit, within five (5) years after the recordation or adoption of the Governing Document containing or creating the mistake, inconsistency, error, or ambiguity. Any such amendment or supplement may not materially reduce what the obligations of Declarant would have been if the mistake, inconsistency, error, or ambiguity had not occurred. Upon thirty (30) days' advance notice to Unit Owners, the Association may, upon a vote of two- thirds (2/3) of the members of the Board, without a vote of the Unit Owners, adopt, execute, and record an amendment to the declaration for the following purposes: (a) to correct or supplement the Governing Documents as provided above; or (b) to remove any language and otherwise amend as necessary to effect the removal of language in direct conflict with the Act. The City of Port Townsend shall review all proposed amendments and approve any amendments prior to recording. Section 11.2 Amendments by Unit Owners. Except in cases of amendments that may be executed by Declarant or the Association pursuant to Section 11.1 or as expressly permitted in accordance with the Act, this Declaration may be amended only by vote or agreement of Unit Owners of Units to which at least sixty-seven percent (67%) of the votes in the Association are allocated, provided that only after requested amendments are approved by the City of Port Townsend shall they be recorded and recognized. Section 11.3 Effective Date & Cross -References. Amendments shall take effect only upon recording in the official real property records of Jefferson County, Washington. All amendments must contain a cross-reference by recording number to the Declaration and to any prior amendments to the Declaration. All amendments to the Declaration adding Units must contain a cross-reference by recording - 25 - 4935-3867-9301, v. 7 number to the Map relating to the added Units and set forth all information required under RCW 64.90.225(1) with respect to added Units. ARTICLE 12. GENERAL PROVISIONS Section 12.1 Taxes. Each Unit Owner shall pay without abatement, deduction, or offset, all real and personal property taxes, general and special assessments, including local improvement assessments, and other charges of every description levied on or assessed against his or her Unit, or personal property located on or in the Unit. The Association shall likewise pay without abatement, deduction, or offset, all of the foregoing taxes, assessments, and charges levied or assessed against the Common Elements. Section 12.2 Non -Waiver. No waiver of any breach of this Declaration or failure to enforce any covenant of this Declaration shall constitute a waiver of any other breach, whether of the same or any other covenant, condition, or restriction. Section 12.3 Attorney Fees. In the event of a suit or action to enforce any provision of this Declaration or to collect any money due hereunder or to foreclose a lien, the unsuccessful party in such suit or action shall pay to the prevailing party all costs and expenses, including title reports, and all attorney fees that the prevailing party has incurred in connection with the suit or action, in such amounts as the court may deem to be reasonable therein, and also including all costs, expenses, and attorney fees incurred in connection with any appeal from the decision of a trial court or any intermediate appellate court. Section 12.4 No Abandonment of Obligation. No Unit Owner, through his or her non-use of any Common Element, or by abandonment of his or her Unit, may avoid or diminish the burdens or obligations imposed by this Declaration. Section 12.5 Captions. The captions of the various articles, sections and paragraphs of this Declaration are for convenience of use and reference only and do not define, limit, augment, or describe the scope, content or intent of this Declaration or any parts of this Declaration. Section 12.6 Severability. Invalidation of any one of these covenants, conditions, restrictions, easements, or provisions by judgment or court order shall in no way affect any other of the same, all of which shall remain in full force and effect. Section 12.7 Notices. All notices, demands, or other communications ("Notices") permitted or required to be given by this Declaration shall be in the form of a record, in a tangible medium, or in an electronic transmission in accordance with RCW 64.90.515. If mailed, the Notice shall be by certified or registered mail, return receipt requested, with postage prepaid and shall be deemed given three (3) days after the date of mailing thereof, or on the date of actual receipt, if sooner. Notices provided by electronic transmission shall be deemed effective according to the requirements of RCW 64.90.515. All other Notices shall be deemed given on the date of actual receipt. Notice in a tangible medium to a Unit Owner must be addressed to the Unit address unless the Unit Owner has requested, in a record delivered to the Association, that Notices be sent to an alternate address or by other method allowed by this Declaration. If there is more than one Unit Owner of a Unit, Notice to any one such Unit Owner shall be sufficient. The address of Declarant and of the Association shall be given to each Unit Owner at or before the time he or she becomes a Unit Owner. If the address of Declarant or the Association shall be changed, Notice shall be given to all Unit Owners. -26- 4935-3867-9301, v. 7 Section 12.8 Indemnification. The Association shall indemnify every officer and director authorized to act on behalf of the Association by the Board or by this Declaration against any and all expenses, including counsel fees, reasonably incurred by, or imposed upon, any officer and director in connection with any action, suit or proceeding if approved by the then Board to which he or she may be a party by reason of being or having been an officer and director. The officers and directors shall not be liable for any mistakes of judgment, negligent or otherwise, except for their own individual willful misfeasance, malfeasance, misconduct, or bad faith. The officers and directors shall have no personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the Association (except to the extent that such officers and directors may also be members of the Association), and the Association shall indemnify and forever hold each officer and director free and harmless against any and all liability to others on account of any such contract or commitment. The Association shall, as a Common Expense, maintain adequate general liability and officers' and directors' liability insurance to fund this obligation. Section 12.9 Applicable Law. This Declaration shall be construed in all respects under the laws of the State of Washington. ARTICLE 13. PHASED DEVELOPMENT; DEVELOPMENT RIGHTS Section 13.1 Subsequent Development. Declarant reserves for itself, its successors and assigns, during the Declarant Control Period, the right, by amendment to this Declaration recorded in the Jefferson County recorder's office, in one or more phases, to subject additional properties to this Declaration or to withdraw undeveloped property from it. Each Unit Owner appoints and constitutes Declarant as his/her attorney -in -fact to adopt and file amendments to this Declaration necessary to add or subtract such properties. The original Unit Owners shall be benefited by any Common Elements on additional property Declarant elects to add to the Plat Community, either through Association ownership and/or control of said additional Common Elements or by easements of use and enjoyment in favor of said original Owners on said additional Common Elements. The owners of such property added by Declarant to the Plat Community shall have an easement for use and enjoyment of the existing Common Elements and shall have all the obligations to pay their pro rata cost of maintaining the Common Elements, unless otherwise provided herein. Declarant shall also have as a Development Right the right to extend existing easements and may create new easements over the Units still within Declarant's control so as to provide access and service to the additional properties. Neither the Association nor any Unit Owners shall have any right in any additional property, nor shall this Declaration have any effect on such additional property until it is subjected to this Declaration by adoption of an amendment to this Declaration recorded in the Jefferson County recorder's office describing such additional property or by addition to the Map. The rights reserved by Declarant in this section may be exercised by Declarant during the Declarant Control Period at Declarant's sole discretion. Section 13.2 Rights and Obligations. The owners of properties added to the Plat Community shall be members of the Association and shall be entitled to all benefits and subject to all obligations of a member, including, but not limited to, the right to vote in Association elections and the obligation to pay assessments as set forth herein. If Declarant elects to withdraw undeveloped property from this Declaration, such withdrawn property shall no longer have any membership rights in the Association or hereunder. Section 13.3 No Requirement to Add. Nothing contained in this Declaration shall be construed to require Declarant to subject additional properties to this Declaration. -27- 4935-3867-9301, v. 7 Section 13.4 Control. Declarant shall have and hereby reserves as a Development Right for itself, its successors, and assigns, an easement for the right, during the Declarant Control Period and any period thereafter in which Declarant is a Unit Owner, to utilize the Common Elements for its business uses and purposes, including, but not limited to, uses and purposes related to the construction, promotion, sale and development of the Plat Community. If additional properties are subjected to this Declaration pursuant to this article, Declarant shall have an easement as described in this section on the Common Elements located therein. Upon termination of the Declarant Control Period, Declarant's easement shall automatically terminate except as to Units for which Declarant owns. Control and the management and administration of the Common Elements shall vest in the Association at the end of the Declarant Control Period subject to Declarant's aforementioned rights of use. Section 13.5 Dedication to Governmental Entities. Until the termination of the Declarant Control Period, Declarant reserves as a Development Right the right to withdraw any undeveloped part of the Real Property from this Declaration and to dedicate, transfer or convey it to any state, county, municipal or other governmental entity any such part of the Real Property or reserve it for Declarant's use and/or sale. The rights reserved by Declarant in this section shall be exercised by Declarant at Declarant's sole discretion. [Remainder of page left blank, signature follows on next page.] -28- 4935-3867-9301, v. 7 IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration the day and year first above written. Lennar Northwest LLC., a Delaware limited liability company By: v Its: STATE OF WASHINGTON ) ss. COUNTY OFTj(_ ) On this day personally appeared before me SSa.M— U *VA N "`v) , to me known to be the of Lennar Northwest LLC., a Delaware liability company, the corporation that execu ed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that said person is authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN under my hand and official seal this �_ day of 1'Vla v'(,J , 2025. &tE� NOTARY PUBLIC in and for the ®®®®®®®® Atha sh ®®® Licens 0��.® State of Washington, residing at yVA- N My commission expires i TI2a� _29_ 4935-3867-9301, v. 7 Exhibit A PARCEL A: THAT PORTION OF THE EAST 1/2 OF THE NORTHWEST 1/4 AND THE WEST 1/2 OF THE NORTHEAST 1/4 OF SECTION 9, TOWNSHIP 30 NORTH, RANGE 1 WEST, W.M., IN JEFFERSON COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHEAST 1/4; THENCE ALONG THE WEST LINE OF SAID NORTHEAST 1/4, SOUTH 02' 01' 49" WEST, 551.99 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88` 42' 53" EAST, 734.67 FEET; THENCE SOUTH 41' 36' 25" EAST, 347.98 FEET; THENCE SOUTH 01' 40' 58" WEST, 73.98 FEET; THENCE SOUTH 14' 23' 53" EAST, 108.31 FEET TO THE WESTERLY MARGIN OF RAINIER STREET (ALSO KNOWN AS ROY STREET) AS ESTABLISHED PER THE PLAT OF MOTOR LINE ADDITION AS RECORDED IN VOLUME 2 OF PLATS, PAGE 10, RECORDS OF JEFFERSON COUNTY, WASHINGTON; THENCE ALONG SAID WESTERLY MARGIN, SOUTH 01' 40' 58" WEST, 656,86 FEET TO THE NORTHERLY MARGIN OF 15TH STREET (ALSO KNOWN AS OREGON STREET) AS PLATED IN GLENWOOD ADDITION TO THE CITY OF PORT TOWNSEND, AS PER PLAT RECORDED IN VOLUME 1 OF PLATS, PAGE 62, RECORDS OF JEFFERSON COUNTY, WASHINGTON; THENCE ALONG SAID NORTHERLY MARGIN, NORTH 88' 30' 10" WEST, 5.14 FEET; THENCE NORTH 01' 29' 50" EAST, 26.00 FEET; THENCE NORTH 88' 30' 10" WEST, 169.43 FEET; THENCE NORTH 02' 01' 49" EAST, 1 1 1.53 FEET; THENCE NORTH 87' 58' 11 " WEST 55.00 FEET; THENCE NORTH 02' 01' 49" EAST, 257.03 FEET; THENCE NORTH 42' 48' 37" WEST, 112.82 FEET; THENCE NORTH 87' 58' 11 " WEST, 50.44 FEET; THENCE NORTH 02' 01' 49" EAST, 90.00 FEET; THENCE NORTH 87' 58' 11"WEST, 75.00 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY 23.56 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 15.00 FEET, THROUGH A CENTRAL ANGLE OF 90' 00' 00"; THENCE NORTH 87' 58' 11"WEST, 40.00 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY 23.56 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 15.00 FEET, THE RADIUS POINT OF WHICH BEARS NORTH 87° 58' 11" WEST, THROUGH A CENTRAL ANGLE OF 90' 00' 00" TO A POINT OF TANGENCY; THENCE NORTH 87' 58' 11"WEST, 150.00 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY 23,56 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 15.00 FEET, THROUGH A CENTRAL ANGLE OF 90' 00' 00"; THENCE NORTH 87' 58' 11"WEST, 40.00 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY 23.56 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 15.00 FEET, THE RADIUS POINT OF WHICH BEARS NORTH 87' 58' 1 1" WEST, THROUGH A CENTRAL ANGLE OF 90' 00' 00"TO A POINT OF TANGENCY; THENCE NORTH 87' 58' 11"WEST, 461.35 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY 23.56 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 15.00 FEET, THROUGH A CENTRAL ANGLE OF 90' 00' 00"; THENCE NORTH 87' 58' 11"WEST, 40.00 FEET 70 THE POINT OF CURVATURE; THENCE NORTHWESTERLY 23.56 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 15.00 FEET, THE RADIUS POINT OF WHICH BEARS NORTH 87' 58, 11 " WEST, THROUGH A CENTRAL ANGLE OF 90' 00' 00" TO A POINT OF TANGENCY; -30- 4935-3867-9301, v. 7 THENCE NORTH 87' 58' 11"WEST, 481.35 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY 23.56 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 15.00 FEET, THROUGH A CENTRAL ANGLE OF 90' 00' 00"; THENCE NORTH 87' 58' 1 1 " WEST, 4-0.00 FEET TO THE POINT OF CURVATURE; THENCE NORTHWESTERLY 23.56 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 15.00 FEET, THE RADIUS POINT OF WHICH BEARS NORTH 87" 58' 1 1 " WEST, THROUGH A CENTRAL ANGLE OF 90' 00' 00" TO A POINT OF TANGENCY; THENCE NORTH 87' 58' 11"WEST, 90.12 FEET TO THE WEST LINE OF THE EAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID NORTHWEST 1/4 OF SECTION 9; THENCE ALONG SAID WEST LINE, NORTH 02° 02' 22" EAST, 401.86 FEET TO THE NORTHWESTERLY CORNER OF SAID SUBDIVISION; THENCE ALONG THE NORTHERLY LINE OF SAID SUBDIVISION, SOUTH 88' 36' 27" EAST, 336.42 FEET TO THE EAST LINE OF THE SAID NORTHWEST 1/4 OF SECTION 9; THENCE ALONG SAID EAST LINE, NORTH 02' 01' 49" EAST, 108.65 FEET TO THE TRUE POINT OF BEGINNING. BEING SHOWN AS NEW PARCEL A ON SURVEY RECORDED APRIL 27, 2023 UNDER RECORDING NO. 659984, AS DESCRIBED AS NEW PARCEL A IN BOUNDARY LINE ADJUSTMENT STATEMENT OF INTENT RECORDED APRIL 27, 2023 UNDER RECORDING NO. 659985, BOTH RECORDS OF JEFFERSON COUNTY, WASHINGTON. PARCEL B: THAT PORTION OF THE FAST 1/2 OF THE NORTHWEST 1/4 AND THE WEST 1/2 OF THE NORTHEAST 1/4 OF SECTION 9, TOWNSHIP 30 NORTH, RANGE 1 WEST, W.M., IN JEFFERSON COUNTY, WASHINGTON, BEING DESCRIBED AS PARCEL B OF BOUNDARY LINE ADJUSTMENT RECORDED APRIL 27, 2023 UNDER RECORDING NO. 659985, RECORDS OF JEFFERSON COUNTY, WASHINGTON. PARCEL C: THAT PORTION OF THE FAST 1/2 OF THE NORTHWEST 1/4 AND THE WEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 9, TOWNSHIP 30 NORTH, RANGE 1 WEST, W.M., IN JEFFERSON COUNTY, WASHINGTON, BEING DESCRIBED AS NEW PARCEL C ON SURVEY RECORDED APRIL 27, 2023 UNDER RECORDING NO. 659984, AS DESCRIBED AS NEW PARCEL C IN BOUNDARY LINE ADJUSTMENT STATEMENT OF INTENT RECORDED APRIL 27, 2023 UNDER RECORDING NO. 659985, BOTH RECORDS OF JEFFERSON COUNTY, WASHINGTON. PARCEL D: BLOCKS 2 AND 3, MOTOR LINE ADDITION TO THE CITY OF PORT TOWNSEND, ACCORDING TO THE PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 10, RECORDS OF JEFFERSON COUNTY, WASHINGTON. PARCEL E: EASEMENT CREATED BY TEMPORARY CONSTRUCTION LICENSE AND PERMANENT EASEMENT AGREEMENT DATED MARCH 4, 2024 AND RECORDED MARCH 5, 2024 UNDER JEFFERSON COUNTY AUDITOR'S RECORDING NO. 664926 BEING A RE-RECORDING OF RECORDING NO. 664920. ALL SITUATE IN THE COUNTY OF JEFFERSON, STATE OF WASHINGTON. -31 - 4935-3867-9301, v. 7 M Exhibit B Fence Detail R,_n" 2"X4" CEDAR BOARD. TOENAIL TO P.T. POST 1"X6" CEDAR BOARDS DRAIN I I DRAIN DETAIL A - r"X6" POST CAP "X6" CEDAR BOARDS 2"X4" CEDAR BOARD. TOENAIL TO P.T. POST EACH POST SHALL BE DETAIL B ON CASED W/ CONC. 1"-3" WASHED ROCK BASE STANDARD CEDAR FENCE -A NOT TO SCALE -32- 4935-3867-9301, v. 7 City0f Port ' m�10 Townsen Submitted By: Steve King, PW Director Department: Public Works Agenda Bill AB 25-029 Meeting Date: March 17, 2025 Agenda Item: VIII.F ® Regular Business Meeting ❑ Workshop/Study Session ❑ Special Business Meeting Date Submitted: March 13, 2025 Contact Phone: 360-379-5090 SUBJECT: Authorization for the City Manager to sign an easement granted to the City to memorialized prescriptive right of way in an alley near 14t" and Landes Street. CATEGORY: BUDGET IMPACT: N/A ❑x Consent ❑ Resolution Expenditure Amount: $ ❑ Staff Report ❑ Ordinance Included in Budget? Yes ❑ No ❑ ❑ Contract Approval ❑ Other: ❑ Public Hearing (Legislative, unless otherwise noted) ❑ 3-Year Strategic Plan: 4 - Ensure sustainable future for public services and facilities Cost Allocation Fund: Choose an item, SUMMARY STATEMENT: This action item memorializes the historic public use pattern concerning an existing alleyway between Hill and Landes Streets and between 14t" and 16t" Streets as shown below, The Helen's Place Condominium Association has agreed to grant an easement to memorialize historic public use and allow alley improvements as required by the Hearings Examiner as part of the Habitat for Humanity Landes South Project. This alley provides resident access and emergency access to the development as well as existing homes along the alley. The City, Habitat for Humanity, and the neighbors worked together to arrive at an option that would reduce the impacts on the existing alley encroachments. The Helen's Place Condominium Association agreed to memorialize prescriptive rights of the City by granting an easement over the historic public use area. An short term agreement accompanies this easement to help mitigate impacts of the alley improvements. It should be noted that the City has no ability to modify the Hearings' Examiner decision. In the spirit of cooperation with the help of East Jefferson Fire and Rescue, a solution for a narrow paved alley with shoulders for emergency access was developed as an improvement that provided equivalency to the Hearing's Examiner decision. Staff recommends the City Council authorize the City Manager to sign the easement accepting a 3' x 80' tract of land as easement area to be incorporated into the right of way officially. ATTACHMENTS: Easement and Agreement CITY COUNCIL COMMITTEE RECOMMENDATION: N/A RECOMMENDED ACTION: If adopted as part of the Consent Agenda, no further action is needed; this effectively represents unanimous approval to authorize the City Manager to sign an easement as the grantee and the associated agreement. ALTERNATIVES: ❑ Take No Action ❑ Refer to Committee ❑ Refer to Staff ❑ Postpone Action ❑ Remove from Consent Agenda ❑ Waive Council Rules and approve Ordinance ❑ Other: PUBLIC RIGHT OF WAY EASEMENT IMPROVEMENTS AGREEMENT GRANTOR: Hellen's Place, a Condominium GRANTEE: City of Port Townsend, a Washington state municipal corporation REFERENCE: Lot 1, Hellen's Binding Site Plan, City of Port Townsend as per the binding site plan recorded in Volume 1 of Binding Site Plans, pages 47-48, Records of Jefferson County, Washington AFN 450411. ASSESSORS PARCEL NO.: 959300100 I. RECITALS 1. The City of Port Townsend ("City" or "Grantee") and Hellen's Place, a Condominium ("Condo Association" or "Grantor") desire to memorialize historic public use of land on, across, and over a portion of the Condo Association's property (the "Property") through the Condo Association's granting of a formal easement (the "Easement" or "Easement Area") to the City for the purposes of public access and public right of way, which will result in expanding the width of an existing alley (the "Alley") to include the Easement Area. 2. Habitat for Humanity (or "Developer") has been approved to develop housing on property to the North of the Property, known as the Landes South development and, as a condition of such approval, is required to make certain improvements to the Alley for public access and passage, as detailed in the Findings of Fact, Conclusions of Law, and Decision in the Habitat for Humanity "Landes South" Preliminary Plat/Plat Alteration issued September 13, 2023 (LUP22-076). 3. The Grantor has expressed concerns with the impacts the proposed improvements to the alley may pose, including the potential rate of speed of vehicles travelling within the Alley and potential impacts to trees, landscaping, and other existing features and conditions on the property adjacent to and bordering the Alley. 4. The City and East Jefferson Fire and Rescue have reviewed Habitat for Humanity's condition of approval for the improvements of the alley and agreed upon an equivalent standard to construction of a T 9 street, consistent with the condition of approval in the Findings of Fact, Conclusions of Law, and Decision in the Habitat for Humanity "Landes South" Preliminary Plat/Plat Alteration issued September 13, 2023 (LUP22-076). All interested parties to this Easement Agreement ("Agreement") and the Landes South development have expressed desire to preserve and protect existing trees, landscaping, and other existing features and conditions in the vicinity of the Easement Area, and to minimize Easement Improvements Agreement — Page I impacts of the improvements to and use of the Alley on such trees, landscaping, features, and conditions. II. AGREEMENT NOW THERFORE, in consideration of the covenants contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor and Grantee hereby agree to the following terms in the use and improvements of the Easement Area, while acknowledging that this agreement may not and cannot modify the terms of the Developer's conditions of approval and, to that end, this agreement does not supersede or otherwise modify the terms of the Developer's conditions of approval as provided in the Hearing's Examiner decision for the Landes South development. The City will approve a roadway design and width the City deems equivalent to the T 9 street standard, consistent with the condition of approval in the Findings of Fact, Conclusions of Law, and Decision in the Habitat for Humanity "Landes South" Preliminary Plat/Plat Alteration issued September 13, 2023 (LUP22-076), that will be constructed upon and within the Easement Area. While the City intends to minimize the overall size and impact of the roadway developed within the easement, the City makes no guarantees or assertions that the roadway within the easement will not ultimately be required to be 16.5 feet in width. 2. The City agrees to require the Developer to use an arborist with Tree Risk Assessment Qualifications (TRAQ) certifications to evaluate the impact of public right of way easement improvements on adjoining trees prior to the Developer undertaking any improvements. The City shall deliver to Grantor written copies of all reports, findings, conclusions, and or recommendations prepared by such arborist in connection with planned improvement and development of the Easement Area. Any root pruning determined necessary of advisable by said arborist will be performed under direction of the arborist. If the arborist determines that the existing trees adjacent to and within the alley are a threat to safety and structures, trees will be removed, pruned, or otherwise adjusted at the recommendation of the arborist. 3. The City will approve the construction and use of one or more speed humps on the roadway within the alley if mutually agreed upon by the Developer and the Condo Association and if, in the City's determination, the construction and placement of said speed hump or humps will not result in a stormwater drainage or safety concerns. 4. This Agreement applies to the period of time when construction of the improvements associated with the Developer's project will occur and shall terminate after a period of one- year after the date all work related to the initial improvements within the public right of way easement is complete, consistent with all City permits for work within the public right of way easement. 5. General Provisions. 5.1 Time is of the essence of each and every provision of this Agreement, Easement Improvements Agreement — Page 2 5.2 If any provision of this Agreement is declared invalid by any court of competent jurisdiction or is unenforceable for any reason, such provision shall be deleted from such document and shall not invalidate any other provision contained in the document. 5.3 The failure of any party at any time to require performance of any provision of this Agreement shall not limit said party's right to enforce such provision. Any waiver of any breach of any provision shall not be a waiver of any succeeding breach of the provision or a waiver of the provision itself or any other provision. 5.4 Grantor makes no representations or warranties hereunder of any kind whatsoever including, without limitation, in regard to the Easement Area, and expressly disclaims any and all warranties of any kind whatsoever, whether express, implied, statutory, or otherwise, including without limitation any warranty of fitness for a particular purpose. 5.5 This Agreement shall be construed, applied, and enforced in accordance with the laws of the State of Washington. Venue of any action relating to this Declaration shall be in Jefferson County, Washington. In the event of litigation or other proceedings involving the parties to this Declaration to enforce any provision of this Declaration, to enforce any remedy available upon default under this Declaration, or seeking a declaration of the rights of either party under this Declaration. This Agreement is effective the last date of signature below. FOR THE GRANTOR: Diane l cwina; President tale Hellen's Place, a Condominium Michael McClean, Treastirer Date � Hellen's Place, a Condominium Easement Improvements Agreement — Page 3 FOR THE GRANTEE:. John Mauro, City Manager Date Alyssa Rodrigues, City Clerk Date Approved as to Form: Alexandra L. Kenyon, City Attorney Date Easement Improvements Agreement — Page 4 AFTER RECORDING, RETURN TO: Office of City Clerk City of Port Townsend 250 Madison, Suite 2 Port Townsend, WA 98368 GRANT OF PUBLIC EASEMENT for the Purpose of Public Right -of -Way GRANTOR: Hellen's Place, a Condominium GRANTEE: City of Port Townsend, a Washington state municipal corporation REFERENCE: Lot 1, Hellen's Binding Site Plan, City of Port Townsend as per the binding site plan recorded in Volume 1 of Binding Site Plans, pages 47-48, Records of Jefferson County, Washington AFN 450411. ASSESSORS PARCEL NO.: 959300100 EASEMENT: For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and to memorialize historic public use of the described property, the Grantor Hellen's Place, a condominium (hereinafter "Grantor") by and through the association of the owners thereof, hereby grants, conveys, and warrants, in perpetuity, to Grantee, the City of Port Townsend (hereinafter "Grantee" or "City"), a Washington state municipal corporation, its successors and assigns, a perpetual, non-exclusive easement over, through, under, and across the following described property situated in Jefferson County, Washington, the "Easement Area" or "Easement" for access, utility purposes, and rights associated with public rights of way: Grant of Public Easement for ROW - Page 1 A portion ofLot 1, Hellen's Binding Site Plan, City of Port Townsend as per the binding site plan recorded in Volume 1 of Binding Site Plans, pages 47-48, Records of Jefferson County, Washington, as further described in Exhibit "A" and as depicted in Exhibit `B," as attached to and incorporated into this instrument. The grant of this easement by Grantor to Grantee is consistent with the Easement Area already being platted as public right of way. EASEMENT SUBJECT TO THE FOLLOWING: 1. Grantee shall have all rights in the easement commonly associated with dedicated public right of way. Grantee and agents or permittees of Grantee shall have the right to construct, maintain, improve, repair, and reconstruct a roadway of sufficient width and length to accomplish the intended purposes of public right of way, including access to and passage over and through the Easement Area in a manner providing appropriate clearance, safety, and passability. 2. Grantee and agents or permittees of the Grantee shall have the right at all times to enter the described Easement Area for the purpose of inspecting, maintaining, improving, repairing, constructing, reconstructing, locating, and relocating public infrastructure and improvements consistent with the rights for dedicated public right of way. 3. Any and all costs associated with inspection, maintenance, improvement, repair, construction, reconstruction, and improvements upon the Easement Area undertaken by the Grantee shall be borne by the Grantee. 4. The construction of any structures and/or permanent storage within the above -described Easement Area is prohibited. 5. Grantee agrees to perform or shall require and cause any agent or permittee of the Grantee to perform any work within or upon the Easement Area with reasonable care to prevent damage to the Easement Area and the area immediately adjacent to the Easement Area. Grantee, or Grantee's agent or permittee through the Grantee, shall be responsible for the repair of any and all damage that may occur to the area immediately surrounding the Easement Area resulting from the negligent, reckless, or willful act of the Grantee or Grantee's agents or permittees, subject to any limitations thereto. 6. This Easement shall be binding upon the Grantors and Grantee and their successors and assigns, and constitutes a covenant running with the land. [SIGNATURE PAGES FOLLOW] Grant of Public Easement for ROW - Page 2 Dated this day of u9 a ar 2025. GRANTOR: Ai Diane Newvnn��u President, Hellen's Place Condominium STATE OF WASHINGTON ) )ss. COUNTY OF JEFFERSON ) On this day personally appeared before me, Diane Newman, and known to me to be the individual described in and who executed the foregoing Grant of Public Easement, and acknowledged signing the same as a free and voluntary act for the uses and purposes therein mentioned. ::.I. .fie:,, 2025. Given umy nder hand and of cial sc.al this dayl4 Signature: ... u [Print name] "� �� '�� : .......... NOTARY PUBLIC in and for the State of Washington, residing My appointment expires:_,,,,,,,re.. _.. GRANTOR: Michael McClean, Treasurer, l lclleirr's Place Condominium STATE OF WASHINGTON ) )ss. COUNTY OF JEFFERSON ) On this day personally appeared before me, Michael McClean, and known to me to be the individual described in and who executed the foregoing Grant of Public Easement, and acknowledged signing the same as a free and voluntary act for the uses and purposes therein mentioned. Grant of Public Easement for ROW - Page 3 Given under my hand and official seal this ITIT day of h. ;: 2025, MIIt II 0a 22010060 z. 0, Signature: w�.�.'��"h........ .. [Print name] NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires: — Grant of Public Easement for ROW - Page 4 Exhibit "A" Legal Description A strip of land adjoining the alley in Block 29 of the Eisenbeis Addition recorded in Volume 2 of Plats, page 24, City of Port Townsend, Jefferson County more particularly described as follows: The southerly 80 feet of the easterly 3 feet of Lot 1, of the Hellen's Place Binding Site Plan, City of Port Townsend, Jefferson County, recorded under AFN 450411. Grant of Public Easement for ROW - Page 5 Exhibit "B" Depiction of Easement Location Grant of Public Easement for ROW - Page 6 ty0fah lOwnsen Agenda Bill: AB 25-030 Meeting Date: March 17, 2025 Agenda Item: IX.A ® Regular Business Meeting ❑ Workshop/Study Session ❑ Special Business Meeting Submitted By: Adrian Smith Date Submitted: 03/13/2025 Department: Planning & Community Development Contact Phone: (360)-379-4423 SUBJECT: Ordinance 3348 Amending 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 Planning Commission voted unanimously to recommend approval. On March 3, 20257 City Council held an open public hearing on the proposed CAO updates. ATTACHMENTS: 1. Ordinance 3348 2. Exhibit A — Revisions to PTMC Chapter 19.05 3. Exhibit B — Public and State Agency Comments Port Townsend Municipal Code Page 2/2 4. Exhibit C — Matrix of Staff Responses to all Comments 5. Exhibit D — Matrix of WDFW Comments and Responses 6. Exhibit D — Staff Report STAFF RECOMMENDATION: Move to approve 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 ❑x Postpone Action ❑ Remove from Consent Agenda ❑ Waive Council Rules and approve Ordinance 3348 ❑ Other: The Port Townsend Municipal Code is current through Ordinance 3328, passed January 2, 2024. Port Townsend Municipal Code Page 1/8 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. 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. 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 Page 2/8 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 Page 3/8 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. 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 Page 4/8 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. 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 Page 5/8 been reviewed under the State Environmental Policy Act (SEPA) (Chapter 43.21 C 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. Comments Received 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 ofparks 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 ofwildlife 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 Page 6/8 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: 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 Page 7/8 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 43.21.0 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. Severabili1y. 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 Page 8/8 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 Chapter 19.05 CRITICAL AREAS Page 1/64 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 Townsend's critical areas for the present and future generations. 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 improving the city's resiliency in light of anticipated climate change. Critical areas include wetlands; critical aquifer recharge areas; fish and wildlife habitat conservation areas; frequently flooded areas; critical drainage corridors; and geologically hazardous areas. These are termed "critical areas," which also include their protective buffers, and are of special concern to the city and the citizens of the state. This chapter addresses only the city's critical areas — 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 mitigation sequencing AaRrzea to mitigate critical area impacts — a- ei , ;ediaee, and eeR4pei4saro: Port Townsend Municipal Code Page 2/64 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, b, using appropriate technology, or by taking affirmative steps to avoid or reduce impacts: 3. Rectifying the i=act 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. Monitoring the impact and taking appropriate corrective measures." 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: "Abutting" means having a common border with or being separated from such common border by a public right-of- way. See also "Contiguous." "Alteration" means, with respect to critical areas, any human -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 "Applicant" means a person who files an application for a development permit under this code and who is either the owner of the land on which that proposed activity would be located, a contract vendee, a lessee of the land, the person who would actually control and direct the proposed activity, or the authorized agent of such a person. "Aquifer recharge area" means geological and soil formations with recharging areas having an effect on aquifers used for potable water where a potential source of drinking and ground water is vulnerable to contamination. "Base flood" means a flood event having a one percent chance of being equaled or exceeded in any given year (also 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 maps as zone "A" or "V' including AE, AO, AH, Al-99 and VE. See "Frequently flooded areas." "Best available science" means current scientific information used in the process to designate, protect or restore critical areas that is derived from a valid scientific process which meets the criteria in WAC 365-195-900 through 365-195-925. "Best management practices (BMPs)" means conservation practices or systems of practices and management 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 more fully identified in the city's engineering design standards (EDS) and procedures manual to be adopted by the director. `Buffer" means an area that protects a critical area which is required for the continued maintenance, functioning, and/or structural stability of a critical area. `Building pad" means a portion of a lot which has been altered or designated to provide an acceptable location for a structure. This area is determined by criteria set forth in PTMC 19.05.060. "Case -by -case" means decisions that are made separately, each according to the facts of the particular situation including but not limited to site conditions and intensity of the proposed activity. "Classified species" means endangered, threatened or priority species as defined by the State Department of Fish and Wildlife. "Compensatory mitigation" means replacing or rectifying a critical area impact or buffer loss. For purposes of wetland compensatory mitigation. the Army Cofps of Engineers order of preference for mitigation methods are: Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 4/64 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). "Contiguous" means having a common border with, but not separated from such common border by a public right- of-way. See also "Abutting." Critical Areas. For the purposes of this chapter, "critical areas" means the following areas of the city: aquifer recharge areas, fish and wildlife habitat conservation areas, frequently flooded areas and critical drainage corridors or areas, geologically hazardous areas, wetlands and streams. A4 tlae time of a rt4o+ f t4e iipda4ed a f4i a "Critical drainage corridor" or "area" means an area identified in the Drainage System Hierarchy Tier of the city's Stormwater Management Plan. rv"40 more oS4466 o FOg+11a+iO+1 +,Ia eity wide s+,,,,,a,+ds ^ram ,-,a, 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. "Critical facility" means a facility for which even a slight chance of damage because of an incident occurring within a hazard area would be too great. Critical facilities include, but are not limited to, schools, hospitals, police, fire and emergency response installations .,,4ie pr-odttee,tise or -stole 4 z,,,-, otts .. atef allor- 4 z -, otts waste. A Critical facility may be a high risk use regulated in aquifer recharge areas, but not all high risk uses are critical facilities. "Critical habitat" means areas associated with endangered, threatened or priority species as defined by the State 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" means any area with slopes of 40 percent or steeper that exceed a vertical height of 10 feet. A 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. "Cumulative adverse impact" is the impact on the environment that results from the incremental impact of the action 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. "Delineation" means a process used to locate and mark a critical area's edge or boundary in the field. Wetland delineations are valid for a period of five years. "Development" or "development proposal" means any land use or development permit that authorizes activity upon the land or binds land to a specific development pattern including but not limited to a building permit, clearing and Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 5/64 grading permit, s4or-e'iro s4sfa44ial de elopmei4 re if, rezone, conditional use permit, variance, lot line revision, PUD, short and long subdivision, street and utility development permit, or any development subject to stormwater drainage requirements under PTMC Title 13. "Development proposal" does not include permit approvals for interior alterations. See also "Alteration" in this section. "Development services department," or "PCD PB," means the city of Port Townsend development services department. "Diameter at breast height (d.b.h.)" means a tree's trunk diameter in inches measured four and one-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 1 a — Multitrunked Tree Illustration lb — Multitrunked Tree 2. On sloping ground, diameter shall be measured from the uphill side of the tree. Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 6/64 (IIIarN"Ueb,,r' I'�A d""l a n r �o 5 ft 9 1 f t 1 ti i 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. Narn ei' m m IS dar, ieter,, i , 5 ft, "L5 ft 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 Chapter 19.05 CRITICAL AREAS Page 7/64 Illustration 4a — Multitrunk Tree, Close to Ground "Director" refers to the director of the city development services department and his/her designees. "Endangered species" means any species that is in danger of extinction throughout all or a significant portion of its range. "Erosion hazard area" means those areas containing soils that, according to the USDA National Resource Conservation Service, have a "severe" rill and inter -rill erosion hazard. "Exotic species" means plants or animals that are not native to the Olympic Peninsula region. "Feeder Bluff' means an 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 are also categorized as "marine bluffs". "Fish and wildlife habitat conservation areas" means land management for maintaining populations of species in 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. "Frequently flooded areas" means lands subject to a one percent or greater chance of flooding in any given year or 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. "Functions" means the products, physical and biological conditions, and environmental qualities of a critical area that result from interactions among ecosystemprocesses and structures. Ecosystem functions include, but are not limited to, water qualL protection, flood storage, conveyance, and attenuation: wave attenuation: ground water recharge and discharge: carbon sequestration: water temperature modification: and fish and wildlife habitats. Port Townsend Municipal Code Page 8/64 Chapter 19.05 CRITICAL AREAS "Geologically hazardous areas", 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. Geotechnical Engineer. See "Qualified consultant." "Hazard tree (Danger tree)" means a tree that is a threat to life. prope . or public safety, as determined by qualified arborist. "Hydric soils" means those soils that are saturated, flooded or ponded long enough during the growing season to 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. "Hydrophytic vegetation" means plant life growing in water or soil that is at least periodically deficient in oxygen as a result of excessive water content. "Impervious surfaces" means areas or surfaces that cannot be easily penetrated by rain or surface water runoff. These areas include structures and roof projections, impervious decks/patios, roads, driveways, and other surfaces which similarly impede the natural infiltration of stormwater. "In -kind compensation" means to mitigate critical area impacts with a substitute which provides characteristics and functions closely approximating those destroyed or degraded by a regulated activity. It does not mean replacement "in -category." "Infill development'' means the development of a vacant or underutilized parcel or parcels that are similar in size 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. "Inland bank" means landslide or erosion hazard areas that are not subject to wave action. See "Marine bluff." "Land area" means the total horizontal area within the boundary lines of a lot less areas watenward of the ordinary 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. "Landslide hazard areas" means those areas potentially subject to risk of mass movement due to a combination of geologic, topographic and hydrologic factors, including historic slope failures. These areas may be identified in the Port Townsend Comprehensive Plan, U.S. Geological Service Maps, the Department of Ecology Coastal Zone Atlas, or through site specific indicators or conditions. "Low Impact Development Technical Guidance Manual for Puget Sound (LID Manual)" means the manual developed by the Puget Sound Action Team that describes environmentally friendly techniques to develop land and manage stormwater runoff. "Marine bluff' means steep slopes affected by wind and-foEmed and maii, a4ie.7 by m^ wave action. 44m^^^' Tfa4. 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 "Inlandbank-": "Feeder bluff'. "Mitigation" means a process used to reduce the severity of impacts from activities that potentially affect critical 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, stte4 as ^^* Fedesi ,,, eloea4io+ , or- f miHg to ^ of 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; 54. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and/or 6-. Monitoring the impact and taking appropriate corrective measures. Mitigation for individual actions may include a combination of the above measures. "Native vegetation" means plant species which are indigenous to the Olympic Peninsula. "No Net Loss" refers to the actions taken to achieve and ensure no overall reduction in existing_ ecosystem functions and values or the natural systems constituting the protected critical areas. "Nonconforming structure or improvements" means, for the purposes of this chapter, legally established structures and improvements that do not meet the setback or buffer requirements of this chapter for any defined critical area. "Noxious weed" means any plant which is invasive — for example, nonnative blackberries — and listed on the State Noxious Weed List in Chapter 16-750 WAC. "Off -site compensation" means compensatory mitigation occurring on a site other than the site on which the impacts were located. "On -site compensation" means compensatory mitigation on the site on which the impacts were located. "Out -of -kind compensation" means compensatory mitigation achieved by creating substitute critical areas whose characteristics do not closely approximate those destroyed or degraded by a development activity. "Peer review" means a review of a submitted critical areas report by an agency with expertise or a second practicing, licensed professional not associated with the original submittal selected and retained by the city. The peer s€se+l review must verify the adequacy of the information, the adequacy of the analysis, and the completeness of the original checklist. "Petroleum product'' means petroleum and petroleum -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 "petroleum product" for the purposes of this chapter does not include propane or asphalt or any other petroleum product which is not liquid at standard conditions of temperature and pressure. "Practicable alternative" means an alternative available and capable of being carried out after taking into consideration cost, existing technology, and logistics in light of overall project purposes, and having less impacts to 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. "Procedures manual" means a document that may be prepared by the director, which outlines the process for 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 Chapter 19.05 CRITICAL AREAS Page 10/64 "Qualified consultant" means a person with experience and training in the pertinent scientific discipline, and who is 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 desi Lii. hydrophytic plant or hydric soil identification 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. "Repair" means activities that restore the character, size or scope of a structure or land use only to the previously authorized condition. "Reports and surveys" means required documents prepared by a qualified consultant to delineate areas and make 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 Chapter 19.05 CRITICAL AREAS Page 11/64 4. Site mitigation plan; and 5. Stormwater management plan. "Restoration" means actions to return a critical area to a state in which its stability, functions and values approach its unaltered state as closely as possible. "Retention/detention facility" means a drainage facility designed either to: 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. "Seismic hazard areas" includes areas subject to severe risk of damage as a result of seismic induced ground shaking, slope failure, settlement, soil liquefaction. tsunami or faulting. "Setback" means the distance specified by these regulations between a structure and a buffer, property line, road, etc. "Significant vegetation" means any tree with a diameter of six inches or more at breast height, native "understory" 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. "Site" means the entire lot, series of lots or parcels on which a development is located or proposed to be located, 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. "Site area" means the total horizontal area within the boundary lines of a site, as that term is defined in this section. 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. "Slope" means an inclined ground surface, the inclination of which is expressed as a ratio (percentage) of vertical distance to horizontal distance by the following formula: vertical distance x 100 = % slope horizontal distance "Slope aspect' means the compass direction that a slope faces "Special flood hazard area" or "SFHA" means those areas subject to inundation by the base flood. Special flood hazard areas are designated on flood insurance rate maps with the letter "A" or "V." The special flood hazard area is also referred to as the area of special flood hazard or SFHA. "Species of local significance" means those species that are of local concern due to their population status or their sensitivity to habitat manipulation or that are game species. "Stormwater management manual" means the stormwater management manual adopted by the city. "Swale" means a shallow, open drainage conveyance facility with relatively gentle side slopes, and generally flow depths of less than one foot. "Threatened species" means any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 12/64 Top of Slope and Toe of Slope. 1. The "top of slope" is a distinct, topographical break in slope that separates slopes inclined at less than 40 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. 2. The "toe of slope" is a distinct topographical break in slope that separates slopes inclined at less than 40 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. TOP OF SLOPE GREATER N 10�'MI�N TOE OF SLOPE 25' ME "Water -dependent uses" shall be as defined in the city's shoreline master program as currently adopted or 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. Arm Corps of Engineers. 2010 or as amended) ^ pliea le r +la rleme "Wetland edge" means the boundary of a wetland as delineated based on the definitions contained in the approved federal wetland delineation manual and applicable regional supplements. "Wetland hydrology" means the characteristics of water movement on, over and through a wetland system; the science dealing with the properties, distribution, and circulation of water through a wetland. "Wetland or wetlands" means those areas that are inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands 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 mod. 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 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. 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). The ei shore o master- r,.,.,.,.a (SN4P) has bee updated eofisistepA awas 4* is ^^* o,,+4Fe,a 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 city's shoreline master program (SMP) 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. Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 14/64 1. The approximate location and extent of critical areas will be displayed on various inventory maps available at the city PCD P&B. 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 necessary outcome of the exempted activity shall be mitigated at the responsible parry's expense. 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 regulations and standards including but not limited to the city's engineering Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 15/64 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; a*d b. There is no material change in the development proposal or site conditions; 44d c. There is no new information available that would alter the previous critical area review; a*d 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 Reotechnical 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. Rottt +ie laR's^^^^ +RMaintenance 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 accordance with the city's engineering design standards; 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 ^r diseased two rd Nge+^"^^ within 50 feet of a permitted structure in a critical area for nesting and/or roosting by a priorityspecies, 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 Chapter 19.05 CRITICAL AREAS Page 17/64 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 the guidance and requirements of the U.S. Fish and Wildlife Service's National Bald Eagle Management Guidelines (May 2007 or as hereafter amended) and, if required, the permittee's USFWS Bald Eagle Permit. 16. Activities located in proximity to a heron nest, provided activities are completed in the nonbreeding season (October 1 st through January 31 st) 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 P&B 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 consultant's recommended 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 requiredPfoposals Fe „esti g rodttee 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 Chapter 19.05 CRITICAL AREAS Page 18/64 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 P&B 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 P&B 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 director's satisfaction, experience with the requirements of the PTMC requirements and process that 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 fl(1)(d)(i) of this section; vii. Specific means proposed to mitigate any potential adverse environmental impact of the applicant's proposal including a detailed description of the mitigation sequenced followed in the application. Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 19/64 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). It. 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 Chapter 19.05 CRITICAL AREAS Page 20/64 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; ii. Obtain the director's approval on the field markings before beginning any permitted activities. Field markings are intended to prevent disturbance of critical areas and buffers and may include such items as temporary fences. Detailed requirements may be specified in the procedures manual prepared by the PCD 49-D; 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. i. The meeting is to be attended by the applicant (or applicant's agent) and city staff, to review specific project details and methods of construction. Subcontractors such as those conducting grading or excavation work may also be required to attend the meeting. 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 requested to provide, at the applicant's expense, additional information, reports or studies similar to those 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 P&B 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. 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 Chapter 19.05 CRITICAL AREAS Page 21/64 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.). 3. The director may consult with other agencies, requesting information on the proposal's impacts, and review of a special report's contents that lie within the other agency's jurisdiction or expertise. A written determination 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,T 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 Chapter 19.05 CRITICAL AREAS Page 22/64 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 D&D director subject to the provisions for Type I decisions in Chapter 20.01 PTMC. Requests shall be filed in writing with the PCD D&D 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-year increments for a maximum of two years' extension 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 a 1pp icantg e - *W4y may apply €9 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. H 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. 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, approved with conditions, or denied based on the proposal's ability to comply with the following criteria: a. There is no other practical alternative to the proposed transportation/utility improvement with less impact on the critical areas; Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 23/64 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 that the applicant's proposal meets all of the criteria. 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. r;4ap fe - 20.01 PT-N4G 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. 5. A director's decision to modify a development standard may be appealed pursuant to the provisions of subsection G of this section and Chapter 20.01 PTMC. The director's decision as to whether development pursuant to a modified development standard will cause significant injury shall be affirmed unless found to be clearly erroneous. The director's decision as to whether strict application of a development standard is reasonable shall be 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. 2. An appeal of the director's finding that a site is not within a critical area or its buffer under 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. 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. L Hold Harmless Agreement. Unless waived by the PCD DSB 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 P&B 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 Chapter 19.05 CRITICAL AREAS Page 25/64 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 actions listed in 19.05.010.13 have been taken. et4o+ s afe listed ;,, t4e order- of pr-efeFe+ieei 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 Chapter 19.05 CRITICAL AREAS Page 26/64 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 within the service area and consistent with the approved IL,F program instrument. The applicant's Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 27/64 qualified wetland professional shall calculate debits associated with the proposed impacts using the credit assessment method specified in the ILF program; c. Permittee-responsible Pi4vpAe 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 mitigatio i 4PA,e bee+ r-ap4ed iii a proeess t4a4 4as bee+1 siippoi4edby ecological assessments, such as the City's Stormwater Management Plan, the Watershed Management Plan and Detailed Implementation Plan for the Quilcene-Snow Water Resource Inventory Area (WRIA 17), and the Hood Canal Integrated Watershed Plan 4witid g wefl,,R aR ^ a4ie awas esfablis4e,a as 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 underling 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. r' t4e pt"ose of s e4apter, .r m de city 41 ewif;F o,a ^fine^ 1 Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 28/64 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, a*d 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. T4oso r e+4s may be ., e o+il , by 440 dife, for 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. Clusterh4: 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 Chapter 19.05 CRITICAL AREAS Page 29/64 site or propeLty 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 to 25 percent (a lot line adjustment/plat/full subdivision ma, b�quired): (c) Applicable setbacks may be reduced b (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 a44 area that can be covered by impervious surfaces (including parking areas) is limited by the slope of the lot for all defae4ed single-family developments in the R-I and R-II zoning districts as follows: Lot Slope Impervious Surface Limit (expressed as % of actual land area) Less than 15% 30% 15 — 30% 25% Greater than 30% 20% Calculate the average Slone of the entire lot. ADDIV the maximum percent of impervious surface to the land area as defined in this Chapter. +eas wa4efwa-F,a of t-ke or -di a+y 14g4 wa4er ma44, rfmod . 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 supported by the applicant's qualified consultant, 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. 4F + +• ri; 5. Stormwater and Erosion Control. Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 30/64 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 a contain a feehp.4e ,, repoi4 t4a4 ide+ 44esdescription 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 fl(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 of Ecology's Raingarden Handbook for guidance concerning 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 b-y in violation of this Chapter4HR4 r aet ;+ .4o4 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 Chapter 19.05 CRITICAL AREAS Page 31/64 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; It. 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 systempermit from Jefferson County Environmental Public Health. �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. Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 33/64 54. Stormwater runoff will be controlled and treated using BMPs and facility design standards as defined in Chapter 13.32 PTMC. 6 . 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. 24. 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 preliminary stages of city's review process. 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 S fa4e deli ,, fe 0+1da+ gefe 2. Lands and waters containing documented habitats for plant and animal species listed in the Washington Department of Fish and Wildlife's Priority Habitats and Species Program List. For PHS resources, consult WDFW's PHS website (https://wdfw.wa.gov/species-habitats/at-risk/phs), PHS species lists (hops://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 Kali 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 It. 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 establish that the species' existence is determined to be locally significant; 3. All public and private tidelands or bedlands suitable for shellfish harvest as designated by the Washington Department of Health's classification system. Shellfish protection districts may be established pursuant to 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 A+eas wi 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 prioritspecies have a primM association. Kelp and eelgrass beds may be classified and identified by the Department of Natural Resources Aquatic Lands Program and the Department of Ecology. 5. Herring, smelt, sand lance and forage fish beach spawning areas. Times and lee t; rs are otAi ^,a i WAG G 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 def*wd ; D C;W °Q.^�-v- 8 WO classified in WAC 222-16-031 (Interim Type 1 — 5) or ^^'' alas;-A-e ;„ WAC 222-16-030 (Type S — Npl, Forest Practices Rules and Regulations depending on classification used. Also, consult the National Hydrography Dataset(https://www.usgs.gov/national-hydrogpphy/national-hydrogpphy-dataset) for potential waters identified by the US Geological Survey. See section 19.05.090 (Critical area 3 — Frequently flooded areas and critical drainage corridors) of this CAO and consult the citv's Stormwater Management Plan to identify and address state waters that are not wetlands: n t t-ke time f ^,a rtio+ of 44e , rda4e a e f4i .^1 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 that there are none within the city's jurisdiction at the time of adoption of this chapter. 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 als&-regulated under the city's shoreline master program. 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 Service's National Bald Eagle Management Guidelines (May 2007 or as hereinafter amended) and, if required, the permittee's USFWS Bald Eagle Permit. 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 Chapter 19.05 CRITICAL AREAS Page 36/64 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 replanted in native vegetation. Areas to be retained shall include the largest conti"ous, 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 and Wildlife's Aquatic Habitat Guideline documents including WDFW's Marine Shoreline Design Guidelines (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 facili , 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 by e impacted by the proposed development, use or activi , 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 Chapter 19.05 CRITICAL AREAS Page 37/64 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. 14l. 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. 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. fJ. 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 Chapter 19.05 CRITICAL AREAS Page 38/64 9. Off -site mitigation as per PTMC 19.05.060(C). K , 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*-'. 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, s4o -or e awas7 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. ME. 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 Chapter 19.05 CRITICAL AREAS Page 39/64 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. d. The plan's habitat mitigation activities shall be incorporated into the proposed project. The floodplain 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. N4. 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, Environmental Protection, of the city's shoreline master program. 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 Agency as "special flood hazards areas" indicated by zone "A" or "V ' on the National Flood Insurance Program's maps including AE, AO, AH, Al-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 (13)(2)(a) of this section. Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 41/64 c. No mechanized power equipment may enter or be used within a critical drainage corridor without the written approval of the PCD P&B 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 design criteria contained or referenced in the city's EDS manual. 3. The applicant shall provide a long-term maintenance plan for storage facilities. 4. If conditions warrant, the city may be requested, or may choose, to take over long-term maintenance of these facilities under appropriate legal agreements. 5. If development activity is allowed under this subsection, the applicant must sign a "hold -harmless" 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 Chapter 19.05 CRITICAL AREAS Page 42/64 1. Erosion Hazard Areas. Erosion hazard areas include areas likely to become unstable, such as bk4 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: i. Those areas delineated by the USDA's Natural Resources Conservation Service as having a "severe" 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 Reotechnical 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 Chapter 19.05 CRITICAL AREAS Page 43/64 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 1 st 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 Chapter 19.05 CRITICAL AREAS Page 44/64 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. s,. 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 ma+4io b1H with slopes greater than 40 percent that exceed a vertical height of 10 feet and their required buffers shall be prohibited, exceptL a As_if allowed under PTMC 19.05.040(B) Exemptions armor PTMC 19.05.040(EC) Allowed Activities, or Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 45/64 b) As allowed under PTMC 19.05.050(D) Exceptions -Public Agency and Utility or 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 Reotechnical 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.; woe toe s ^' st+tdy ^ +ie1tt es ` at doing ii. Marine Bluffs. A special study shall be required for all proposed development occurring within the "marine bluff management zone," as dictated by the bluff height and defined from the top of the slope: Bluff Height Marne 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 F - 10 FEET X - NO MANAGEMENT ZONE 15 -. 50 FEET x : ,gin FEET 51 - 100 FEET k -' EQUAL, TO NEVGWT OF THE BLUFF GRE.ATEfd''fl THAN 100 FEET X.- 100 FEET 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 shall hereinafter be referred to as the "inland bank management zone." Figure 19.05.100(B) Inland Banks Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 46/64 INl. ANn RANK KAANArZr-KAFNT 7r)NF 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 6.9.1 of toe s4o -eli+w master- pfegfam). (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 Chapter 19.05 CRITICAL AREAS Page 47/64 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 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 adverselypact 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 Chapter 19.05 CRITICAL AREAS Page 48/64 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 deM 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. "Wetland" or "wetlands" means 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 ad�pted 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 high wa . Wetlands may include those artificial wetlands intentionally created from non -wetland areas created to mitigate conversion of wetlands. 10+160 of N,egefamio+i typieally adapted for- life 41 sa4wa4ed soil ewidit4wis. Pesig+la4ed weflands ge+iefa!!�- 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 Ze+i€ Atlas; c.4. Hydric soils, soils with significant soil inclusions, and "wet spots" identified within the Jefferson 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 L Category I wetlands are: i. Relatively undisturbed estuarine wetlands larger than one acre; Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 49/64 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 IL Category II wetlands are: i. _ 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; e 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 eguivalent method) of the wetland edges shall be provided, and marked by staking on the site. eei4if4ed stwveyF r 11L , edges f t4e ., efla^,a o+ t4e site See PTMC 19.05.040(F)(1)O). 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 Chapter 19.05 CRITICAL AREAS Page 50/64 delineation is contested by the applicant, the director shall, at the applicant's expense, obtain expert services from a third parry 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 only if the proposed activity is the only reasonable alternative that will accomplish the applicant's objectives. 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 Chapter 19.05 CRITICAL AREAS Page 51/64 iv. Do not score €iv -&-six or more points for habitat function based on the 3> s44ig fo+ S fpAe W e fl,,R D a g Syste.Y, 1A s4iRg fo . Jules 2014 Upda4e Version 2 of the Western Washington Rating System (Ecology Publication No. 23-06-009 14 066 029, or as revised and appr-o a b- y); 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. Tl,o f lle ii4g s „-f ., ty-..,,,,,,,, eR4e t ti flies I be allowed ..,,1. ;f t4ey oo++l,o f ll.,.t,* -,-o.. or+S A wetland or its buffer may be physically ydrologically 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, b. There will be "no net loss" of functions and values of the wetland: 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 questions 2, 3, 4 of Chart 5 in the "Guide for Selecting Mitigation Sites Using a Watershed Approach," (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 Chapter 19.05 CRITICAL AREAS Page 52/64 f. All regulations re�4ardin4 stormwater and wetland management are followed, includin4 but not limited to local and state wetland and stormwater codes, manuals, and permits: R. 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 Chapter 19.05 CRITICAL AREAS Page 53/64 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 W: Table 19.05.110(A). Buffer Widths Wetland Characteristics Buffer Widths by Impact of Land Use (Note: If multiple characteristics are (Note: The most protective buffer width Other Measures Recommended for present, the most protective buffer width applies) Protection 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 36 — 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 3-6 Points) High — 100 feet Not Meeting the above Characteristics Low — 50 feet Reserved. Moderate — 75 feet High — 100 feet Category lI 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 Chapter 19.05 CRITICAL AREAS Page 54/64 Table 19.05.110(A). Buffer Widths Wetland Characteristics Buffer Widths by Impact of Land Use (Note: If multiple characteristics are (Note: The most protective buffer width Other Measures Recommended for present, the most protective buffer width applies) Protection 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 4-6 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 Chapter 19.05 CRITICAL AREAS Page 55/64 Table 19.05.110(B).Land Use Impacts and Intensity Levels Level of Impact from Proposed Land Use Types Proposed Land Use High . 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) Moderate . 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 Low • Forestry Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 56/64 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. 5.4. 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 254 percent of the standard buffer or be less than 25 feet. 64. Reduced Buffer Widths. No buffer 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 Chapter 19.05 CRITICAL AREAS Page 57/64 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 provide additional protection for the wetland's functions and values. 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. 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 ci , 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 Chapter 19.05 CRITICAL AREAS Page 58/64 a. Consistent with the Draft Gffli aRee o 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. 06-06-01 lb, 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. 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. 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 Chapter 19.05 CRITICAL AREAS Page 59/64 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(13)) 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 credit/debit tool described in "Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington: Operational Draff' (Ecology Publication No. 10-06-011, February 2011, or as revised). Table 19.05.110(B). Mitigation Ratios Category and Type of Re-establishment or 1:1 Re-establishment or Wetland Creation Rehabilitation Creation (R/C) and Enhancement Only 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 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 12:1 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 Chapter 19.05 CRITICAL AREAS Page 60/64 ** 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 -site activities (note: "potential' 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 Chapter 19.05 CRITICAL AREAS Page 61/64 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 iii. The proposed use of credits shall be consistent with replacement ratios specified in the bank's certification. b. Replacement ratios for projects using bank credits shall be consistent with replacement ratios specified in the bank's certification. c. Credits from a certified wetland mitigation bank may be used to compensate for impacts located within the service area specified in the bank's certification. In some cases, bank service areas may include 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. L 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 , 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 Chapter 19.05 CRITICAL AREAS Page 62/64 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 points, and narrative that explains the delineator's approach to collecting data in addition to their syntheses of data. 2. Wetlands Special Report. An assessment of anticipated impacts (direct, indirect, and cumulative) and mitigation measures necessary to comply with the city's requirement to achieve no net loss to wetland 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 city's requirement to achieve no net loss of wetland functions and values. 19.05.120 Violations and penalties. A. Director's Authority. Whenever the development services director or his or her designee ("director") determines 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 Chapter 19.05 CRITICAL AREAS Page 63/64 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. No permit granted pursuant to this chapter shall remove an applicant's obligation to comply in all respects with the applicable provisions of any other federal, state, or local law or regulation. 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. C. The city's shoreline master program incorporates the critical areas ordinance (Ordinance No. 29-*** 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. A. The Jefferson County assessor's office may consider critical area regulations in determining the fair market value of land. Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 64/64 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 Chapter 19.05 CRITICAL AREAS -Chapter 19.05 CRITICAL AREAS Page 1/76 4�rrk�sl-:+r-ecsW A :' iw�-a(-la�wt-i-��--r�rt--WPr+aar�r-�a-Ai.,:rsl�lt4b{rr{:p:ta+a gw�prasc�sl;-m��rottr��t-laa+cam-a~e-rl:lrrmt--WPl�rra�ts- 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. he 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. The goal of this chapter is to protect and improve the city of Port Townsend's critical areas for the present and future 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 improving the city's resiliency in light of anticipated climate change. Critical areas include wetlands; critical aquifer recharge areas; fish and wildlife habitat conservation areas; frequently flooded areas 1; critical drainage corridorsk and geologically hazardous areas. These are termed "critical areas," which also include their protective buffers, and are of special concern to the city and the citizens of the state. This chapter addresses only the city's critical areas — city council has determined that the city will not designate any natural resource lands as imia I raPlan 2025 M ndated lat rmchcR) tt (r ritirAn:a,, 20)`1O 11,ible ........„ };...... ........ ........ ......... ....... ........ ......... i::oiii llltfitF itoiii lllt;Yit ,lzl Mt:.:);() Q)`� trktica M n1 ,p:i:::.Y Ittd b1 ck Q62551(.: 10 tk:iYY-;,��„1 `�)`� t,; `, l}Q;�jj Lat$e't3{;�iE?h- i;7ay �.!a�r+-«1rrar::txc-c-N+7> 1ra.=...vhr+aF-« 464�+i t ad �rr)F 17r)ti+7>s-r+f I-7a>c:ti+7>« rrc� 4^t-%Y C•1;�-wl w 5cl p;:-t 4 a>+7>t l.:l.f704 Q1o+-014 ' Ce ry <aa f.F1 .... ..... .... .............. p;7;av- 4:;;;Igoe+rha-+aaa+r(+l-+*ar1�'t„Fa-4�raa,„,,;)�a,;��r)w-i7r)�-t•+aawad �i7aYt•.ti+aaarr4��t-.."ed��G-I-I)e�ka&i:;;-G�'ir i)ra-l'�;+w:-P; J:,Zwn,,+5d 4'4L a>+7>r+rs+ 1.444.14) .,i-t) 4k'�inC++1-'\-rt+-ll-4`rl«<41f I.,,fl6xxx41,IIik¢f«.+rtQ- ... .. . ;7;anr ' �1tta.ix+ha-+aaa-it v:+.G-I..... ... w N'..t 14 aYaara yrrt Z4A ;..1-) y ro-r-laga;r ;w+aNrr-+kw++r;�- F t. i7ra+-.......'ri)loe btr w, P+-444-, ( rr r «a t,1 lo- ,(*4r 24 -The Port Townsend Municipal Code is current through Ordinance 3249, passed July 20 2020 II "t/[t [9.0;7,,,t rftsr rl Ai, r (e r i.4; t rmt rr(I r, „srr � t0, i, f+ i 1r<Ifrr Mt l9,£;�;, Commented [All ]: Note - ECY's substantive review of shoreline -specific critical area provisions will occur during review of the City's proposed SMP amendment. The SMA/WAC consistency of such provisions established herein cannot be determined out of context from the SMP. Any comments or feedback in this document will only apply to the CAO as it exists separate from the SMP. Commented [A2]: You might consider mentioning the use of best available science (BAS) in protecting critical areas to be consistent with Growth Management Act (GMA) requirements. Or you could simply say that protection should be consistent with the requirements of the GMA. Clarity in the use of BAS when protecting critical areas would be very useful. ........................................................................................................................................................................................................................................... Commented [A3]: Are these drainage corridors treated as critical areas in the same way that the GMA defined critical areas are? It seems that they are included as a part of the Frequently Flooded Areas section rather than its own critical area. Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 2/76 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; 0. Using 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; 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; P. Implementing the policies of the State Environmental Policy Act, the State Growth Management Act, this code, and the city Comprehensive Plan. (Ord. 3198 § 3 (Exh. A), 2018; Ord. 2899 § 1, 2005; Ord. 2319 § 1, 1992). 1 19.05.020 Definitions. For the purposes of this chapter, the following definitions shall apply: "Abutting" means having a common border with or being separated from such common border by a public right-of- way. See also "Contiguous." "Alteration" means, with respect to critical areas, any human -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; Commented [A4]: You might consider expanding this approach to align with the rules of SEPA (WAC 197-11-768). While these 3 are part of the sequence there are 6 steps in the mitigation sequence. You cite various versions of the mitigation sequence steps throughout this chapter so consistency would be best to reduce confusion. We highly recommend using the list below exactly as written throughout your chapter starting here: 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 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.Monitoring the impact and taking appropriate corrective measures." Commented [AS]: You might consider including the following example language from our wetland CAO guidance: "Compliance with the provisions of the Title does not constitute compliance with other federal, state, and local regulations and permit requirements that may be required (for example, Shoreline Permits, HPA permits, Army Corps of Engineers Section 404 permits, Ecology Section 401 permits, NPDES permits). The applicant is responsible for complying with these requirements, apart from the process established in this Title. Where applicable, the Designated official will encourage use of information such as permit applications to other agencies or special studies prepared in response to other regulatory requirements to support required documentation submitted for critical areas review." 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. "Applicant" means a person who files an application for a development permit under this code and who is either the owner of the land on which that proposed activity would be located, a contract vendee, a lessee of the land, the person who would actually control and direct the proposed activity, or the authorized agent of such a person. "Aquifer recharge area" means geological and soil formations with recharging areas having an effect on aquifers used for potable water where a potential source of drinking and ground water is vulnerable to contamination. "Base flood" means a flood event having a one percent chance of being equaled or exceeded in any given year (also 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 maps as zone "A" or "V" including AE, AO, AH, Al-99 and VE. See "Frequently flooded areas." "Best available science" means current scientific information used in the process to designate, protect or restore critical areas that is derived from a valid scientific process which meets the criteria in WAC 365-195-900 through 365-195-925. "Best management practices (BMWs)" means conservation practices or systems of practices and management 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 more fully identified in the city's engineering design standards (EDS) and procedures manual to be adopted by the director. "Buffer" means an area that protects a critical area which is required for the continued maintenance, functioning, and/or structural stability of a critical area. "Building pad" means a portion of a lot which has been altered or designated to provide an acceptable location for a structure. This area is determined by criteria set forth in PTMC 19.05.060. Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 4/76 "Case -by -case" means decisions that are made separately, each according to the facts of the particular situation including but not limited to site conditions and intensity of the proposed activity. "Classified species" means endangered, threatened or priority species as defined by the State Department of Fish and Wildlife. Compensatory mitigation" means replacing or rectifying a critical area impact or buffer loss. 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 Drocesses.l "Contiguous" means having a common border with, but not separated from such common border by a public right- of-way. See also "Abutting." Critical Areas. For the purposes of this chapter, "critical areas" means the following areas of the city: aquifer 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. "Critical drainage corridor" or "area" means an area that has been determined (by the Port Townsend department of public works) to require more restrictive regulation than city-wide standards afford, to mitigate flooding, drainage, erosion or sedimentation problems that have resulted or may result from the cumulative impacts of development and urbanization. "Critical facility" means a facility for which even a slight chance of damage because of an incident occurring within 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.,-1,,-( r1i.ic,..2.1,,, fa. Arty rn uv:.be a kiiL rr 1 rr, c rc rrl ate.ci in a:lrrrtea ,.e lr ar<. urea brit not all hi h risk rr <.: ar< critical t h rlrtr< ...... _........ .......w ....... ...... ......... _ ....... ....... ......... ........ "Critical habitat" means areas associated with endangered, threatened or priority species as defined by the State 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" means any area with slopes of 40 percent or steeper that exceed a vertical height of 10 feet. A 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. Commented [A6]: If including compensatory mitigation in the definitions then you might consider defining it and outlining the order of preference for mitigation methods as stated by Army Corps: LRestoration: 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 or degraded wetland. -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). It would also be good to keep these definitions consistent throughout your chapter. Doublecheck when you're making changes in one section that it matches elsewhere. Port Townsend Municipal Code Page 5/76 Chapter 19.05 CRITICAL AREAS "Cumulative adverse impact" is the impact on the environment that results from the incremental impact of the action 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. "Delineation" means a process used to locate and mark a critical area's edge or boundary in the field. Wetland delineations are valid for a period of five years. `IDevelopmenq' or "development proposal" means any land use or development permit that authorizes activity upon the land or binds land to a specific development pattern including but not limited to a building permit, clearing and grading permit, rho*-44nt ru4,,;4,ffl t o-1 de- ,Io> aesper-mit, rezone, conditional use permit, variance, lot line revision, PUD, short and long subdivision, street and utility development permit, or any development subject to stormwater drainage requirements under PTMC Title 13. "Development proposal" does not include permit approvals for interior alterations. See also "Alteration" in this section. "Development services department," or "DSD," of Port Townsend develo services "Diameter at breast height (d.b.h.)" means a tree's trunk diameter in inches measured four and one-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 la — Multitrunked Tree Commented [A7]: A note to keep in mind for SMP/CAO differences: SMA has an established definition for 'Development' that differs from this and is central to SMP 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 on updating their SMP for the future. ...................................................................................................................................................................................................................................... Commented [A8]: Is this now called Planning and Community Development? If so you might consider updating the references to this to reflect any changes. Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS i 1 PProd diameter � lip Illustration lb — Multitrunked Tree 2. On sloping ground, diameter shall be measured from the uphill side of the tree. FS :irau7rreter. Al" I'll 5 ft 4 5 N`9' Illustration 2a — Tree on Sloping Ground Page 6/76 3. On leaning trees, diameter shall be measured four and one-half feet up the stem in the direction of the lean. Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS 5 ft Illustration 3a — Leaning Tree Page 7/76 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. Illustration 4a — Multitrunk Tree, Close to Ground "Director" refers to the director of the city development services department and his/her designees. �'Enhancemerl means an action approved by the director and taken with the intention and probable effect of 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 funetior l "Endangered species" means any species that is in danger of extinction throughout all or a significant portion of its range. Commented [A9]: Why does this have its own definition outside compensatory mitigation? We highly recommend using our mitigation guidance definition and distinguished between enhancement and rehabilitation. Example definition from our guidance: "Enhancement. The manipulation of the physical, chemical, or biological characteristics of a wetland to heighten, intensify, or improve specific wetland function(s). Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention, or wildlife habitat. Enhancement results in the gain of selected 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 planting vegetation, controlling non-native or invasive species, and modifying site elevations to alter hydroperiods in existing wetlands. " Port Townsend Municipal Code Page 8/76 Chapter 19.05 CRITICAL AREAS "Erosion hazard area" means those areas containing soils that, according to the USDA National Resource Conservation Service, have a "severe" rill and inter -rill erosion hazard. "Exotic species" means plants or animals that are not native to the Olympic Peninsula region. "I''ceder Mott" nwauns an cz�od�ira ca>aa�,t ul bloff that deliver,, a ,i M.1ficant aunnoo it of ,,edinwnt to the beach over an ..................................................................................................................................................................................................................................................................>..................................................................................................................................................................................................7........... cxiezided l ezaa>d a>l tuxne acid contribote, to the local llliarA al �cdirnent rxdget ] ce.dez blo 1 ,tr}dect to. %a e aFtaon ...... ....... .............. fe uVsaz cu dga 21.i.Zed.aus,-`"marine �rluffs"„,,,,,. "Fish and wildlife habitat conservation areas" means land management for maintaining populations of species in 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. "Frequently flooded areas" means lands subject to a one percent or greater chance of flooding in any given year or 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. "Functions" means the beneficial roles served by critical areas including, but not limited to: water quality protection 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. "Geologically hazardous areas" 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. Geotechnical Engineer. See "Qualified consultant." "Hydric soils" means those soils that are saturated, flooded or ponded long enough during the growing season to create anaerobic conditions, thereby influencing the growth of plants. The presence of hydrie soil shall be determined following the criteria and methods described in the 1.)87 A. v (o�a,�)12 arl C ri i eer 'V( ethand Delineation M,;ano al, and applicable regional supplements. "Hydrophytic vegetation" means plant life growing in water or soil that is at least periodically deficient in oxygen as a result of excessive water content. "Impervious surfaces" means areas or surfaces that cannot be easily penetrated by rain or surface water runoff. These areas include structures and roof projections, impervious decks/patios, roads, driveways, and other surfaces which similarly impede the natural infiltration of stormwater. Port Townsend Municipal Code Page 9/76 Chapter 19.05 CRITICAL AREAS "In -kind compensation" means to mitigate critical area impacts with a substitute which provides characteristics and functions closely approximating those destroyed or degraded by a regulated activity. It does not mean replacement "in -category." "Infill development' means the development of a vacant or underutilized parcel or parcels that are similar in size 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. "Inland bank" means landslide or erosion hazard areas that are not subject to wave action. See "Marine bluff." "I[a:alnd arrea" Irnealrns the totall IPoaslr zointall arrea wiitlKin the Ibound Ir Mines riff a Mast Mess arreas watelrwalyd riff tlPo aslrrtliilmalr .............................................................................................+,.�....................................................................................................................................................................................y...................................................................................................................................................................................................................y... �YI''h watc:':Y' rn Y'k. confi iecl andsllcle NYazaY aY'E:aS (�zl��, 1. r'�. t)�:b. 1. [)[) (r, (% aYY cl W[':t aYYcl S. 'C:1 Y' f`:XaYYl :b f`: C)YY ......E............... ..........................................e...................................................................................................................................................4.......................................................................�.......].4.......].].x......................................................................................................................e.........2...k�.................... bUllrla If`: aY'f`:a Ianf:IwaYd o the rnaYine bl U'Ef e:cl 'f`: S Yall USE:cI IYY C.:aIC.:U lat.l YY ! IYY1 :bf`: Y'VI C)US SUY' aC.: f`: IIYY11tS. ..................................................................................................................................................................................................... ..re....................................................................................................................................1................................................................................................. Commented [Al0]: Bluff failures are often caused by "Landslide hazard areas" means those areas potentially subject to risk of mass movement due to a combination of 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. "Low Impact Development Technical Guidance Manual for Puget Sound (LID Manual)" means the manual developed by the Puget Sound Action Team that describes environmentally friendly techniques to develop land and manage stormwater runoff. "Marine bluff" means steep slopes srral11i &iffed-bt,. RK+F4e wave action mm-i w- �,..:i d w�,e....ttra am hlrtf€ t �o-th�� h eda ud b�:y-br d4 ...a+r rTa�k�z+,: (e-4 ..04,+rw f7srffy--��C*4t... Jvemerital 41-s, 1 .. 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 "Inland bank:";...".Fe.e Gtrrc...Ila:a4:`d"':,. Mitigation" means a process used to reduce the severity of impacts from activities that potentially affect critical areas. Mitigation, in the following sequential order of preference, is by the following means:I 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; 5. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; Ecology is only commenting on this as it is important to keep in mind regarding the SMP and not the CAO. However, you should defer to DNR guidance on geologically hazardous areas in your CAO as they are the agency with jurisdiction over those critical areas. Commented [All]: The mitigation sequence here is improved from what was listed at the beginning of your chpater. However, we still highly recommend using the list that the rules of SEPA use which is only 6 actions: L"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 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; S.Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and/or 6.Monitoring the impact and taking appropriate corrective measures." Step 4 in sequence you currently have it written may be redundant as it appears minimization of impacts should be addressed in step 2. Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 10/76 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. "Native vegetation" means plant species which are indigenous to the Olympic Peninsula "Nonconforming structure or improvements" means, for the purposes of this chapter, legally established structures and improvements that do not meet the setback or buffer requirements of this chapter for any defined critical area. "Noxious weed" means any plant which is invasive — for example, nonnative blackberries — and listed on the State Noxious Weed List in Chapter 16-750 WAC. "Off -site compensation" means compensatory mitigation occurring on a site other than the site on which the impacts were located. "On -site compensation" means compensatory mitigation on the site on which the impacts were located. "Out -of -kind compensation" means compensatory mitigation achieved by creating substitute critical areas whose characteristics do not closely approximate those destroyed or degraded by a development activity. "Peer review" means a review of a submitted critical areas report by an agency with expertise or a second practicing, licensed professional not associated with the original submittal selected and retained by the city. The second review must verify the adequacy of the information, the adequacy of the analysis, and the completeness of the original checklist. "Petroleum product" means petroleum and petroleum -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 "petroleum product" for the purposes of this chapter does not include propane or asphalt or any other petroleum product which is not liquid at standard conditions of temperature and pressure. "Practicable alternative" means an alternative available and capable of being carried out after taking into consideration cost, existing technology, and logistics in light of overall project purposes, and having less impacts to 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. "Procedures manual" means a document that may be prepared by the director, which outlines the process for 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. "Qualified consultant' means a person with experience and training in the pertinent scientific discipline, and who is 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. Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 11/76 1. For wetlands, a qualified consultant must be a Professional Wwetland Sscientistwith rt lc t.tv Cult time tiooAk as.avvetlands 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. "Repair" means activities that restore the character, size or scope of a structure or land use only to the previously authorized condition. "Reports and surveys" means required documents prepared by a qualified consultant to delineate areas and make 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. "Restoration" means actions to return a critical area to a state in which its stability, functions and values approach its unaltered state as closely as possible. "Retention/detention facility" means a drainage facility designed either to: Commented [Al2]: For wetlands, this appears to be a very strict requirement to meet a qualified consultant or professional. While this is fine if you want quality reports done this could make it difficult to find consultants that are Professional Wetland Scientists as that usually requires additional certification. In our guidance we define a qualified wetland professional that you might consider. Often times a and b will be sufficient: "Qualified wetland professional: A person with professional wetland experience that meets the following criteria: (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." Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 12/76 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. "Seismic hazard areas" includes areas subject to severe risk of damage as a result of seismic induced ground shaking, slope failure, settlement, soil liquefaction or faulting. "Setback" means the distance specified by these regulations between a structure and a buffer, property line, road, etc. "Significant vegetation" means any tree with a diameter of six inches or more at breast height, native "understory' 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. "Site" means the entire lot, series of lots or parcels on which a development is located or proposed to be located, 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. "Site area" means the total horizontal area within the boundary lines of a site, as that term is defined in this section 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. "Slope" means an inclined ground surface, the inclination of which is expressed as a ratio (percentage) of vertical distance to horizontal distance by the following formula: vertical distance x 100 = % slope horizontal distance "Slope aspect" means the compass direction that a slope faces. "Special flood hazard area" or "SFHA" means those areas subject to inundation by the base flood. Special flood hazard areas are designated on flood insurance rate maps with the letter "A" or "V." The special flood hazard area is also referred to as the area of special flood hazard or SFHA. "Species of local significance" means those species that are of local concern due to their population status or their sensitivity to habitat manipulation or that are game species. "Stormwater management manual" means the stormwater management manual adopted by the city. "Swale" means a shallow, open drainage conveyance facility with relatively gentle side slopes, and generally flow depths of less than one foot. Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 13/76 "Threatened species" means any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. Top of Slope and Toe of Slope. 1. The "top of slope" is a distinct, topographical break in slope that separates slopes inclined at less than 40 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. 2. The "toe of slope" is a distinct topographical break in slope that separates slopes inclined at less than 40 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 TOFF OF SLOPE 10'MIN L_ M M "Water -dependent uses" shall be as defined in the city's shoreline master program as currently adopted or hereinafter amended. Wetland Classification. For the purposes of general inventory, wetlands are defined by the criteria in the approved federal wetland delineation manual and applicable regional supplements4 Commented [Al3]: This may be a good place to include which regional supplement should be used to reduce confusion for applicants. After which you could refer to it as "applicable regional supplement". Port Townsend and all of Western Washington should be using: "Western Mountains, Valleys, and Coast Region (U.S. Army Corps of Engineers, 2010) " Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 14/76 "Wetland hydrology" means the characteristics of water movement on, over and through a wetland system; the science dealing with the properties, distribution, and circulation of water through a wetland. "Wetland or wetlands" means those areas that are inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands 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. Wetlands, Isolated. "Isolated wetlands" means wetlands that meet the following 1. Are outside of and not contiguous to any I00-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; 3. Have no surface water connection to lake, stream, estuary or marine water body. (Ord. 3198 § 3 (Exh. A), 2018; Ord. 3062 § 6, 2011; Ord. 2929 Exh. A § 1, 2006; Ord. 2899 § 1, 2005; Ord. 2892 § 1, 2005; Ord. 2688 § 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. Commented [A14]: These are now more commonly referred to as "non -federally regulated wetlands (NFR wetlands)" and must still be regulated byyour CAO. Double check the intent of this definition. Formatted: Right, Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers 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). tsfog rrts�. '1 sC'd44'.} 4sa»f-� NPJ� at �#�.sst *4rt4w t:::rr4�4c l4h-,,...fffttl- 14 tsw h e :..a+; 4 e t .y (4-bQ 4 -) d i, a+k= 1 1 44..1 lrc &"M:4?...A :+.r.: ;.... 14e, e144o- iffew...z+r l no- c {t ,h41 ip,...Ta opb4 1).?a dl a 4 29. 2'V. of ip;..T� '�c� Issue;�l+etAarrr...:grt.�,,�,-a.r-.•,1ta3ra lip-rs•..I.sa r4.aa-¢rr+elrs�l;rtg-��la�-rc•..��r�ticai-a4saka lanyncr+rt yncAsas.:i.$.... e.-s'-&mp1ionra)...nv+AV4asg erdt al ar€�a 7 a skv4k�w.... 4 t4se p s q t a, sssp is as .st:et:4s t4s� eitncaafl a cwa� s ssflestns ss.. .. 'k0R4H+ lca ri.,;A n d4r 4c cl....;; o-1 w ei4el A l .... ,�lraa;�alesrc^ ps�it�cs�c�pst-i4mr;-r4,c^11-a�r....:iartlrc^ aa<;.,;a3�=ik�-4'� ,4,��-� �-ktc•A.ca..,apyn;tsa;aa4s4� � ,�y�;aws=rs�-a a=;4.:i.wo-1.. pse+mit...is'flot re et-4 Vri :acca>A,1 ari < cL.il i theC za>c:y:th Man,'t Act, {It(V > /t0 (.R( tV....905t 610y andthe._SMP. ideluie (VA( 173-2.6tti) crtaa al azeag...la>catcdur lia>zcluie...Srrza dac pri... wereg at d arlely by the._ed s sllno eline must rc V s; ram (SM4').eyen d the. " MP zelies, am thi ch aIrU fz r..... p anJ,,io to meet SMA ze,Zrra+erncn (e inc ))2 uta2r..l y zelcze,I ce),: 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. 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 necessary outcome of the exempted activity shall be mitigated at the responsible parry's expense. 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 I Commented [Al 5]: 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 regulations and standards including but not limited to the city's engineering 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 Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 17/76 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 theimproved 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...]' 01 Ma 112, i idly; ha/,ardoo,,.. 1ri1111:,1.rI c ar�e.1 ,,G°%p <ndax«1<dtltr, hull e,_z,<sllra+e.dlarad 1nle,s„v aived_bytla<,,,... bb< Io1 a _carte ni al <.zi inc 1 iall evie .t'a< lrl a1a {,arid <1tdv._th at <aihe.z.. a Irzarl s.<d arA :r1 j<ct to recommended mill, ation m a 1n< d ) arle.ct.:ca all lra> <,,.no onr u,,o abl< tla+elat tar v<1 ,,�1a art r 1, ,l <1tv <atl'iez,,,,, .. ... area 01 p,tf ai< oral tla< lrlpr p al ca all iw.t dccr a,e to )c tabilily. Thi < cc Lion a hart intended t,,,,3allov, for, .. d«<t ,r 1n<1ai in hi tors ally.. a1i11<.d .trrlf ..y,. 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 Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 18/76 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. I8. Land clearing ordered by the director for abatement of a public nuis 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 accordance with the city's engineering design standards; 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 applicant receives permission from the Department of Fish and Wildlife for removal of vegetation used for nesting and/or roosting by a priority species. Commented [A16]: Is this for all types of vegetation removal? What is the intent here? Land clearing of invasive plants and noxious weeds using hand tools is acceptable in our guidance however clearing of plants in the buffer is not recommended as it can degrade the functions of the buffer. Clearing vegetation in wetlands and other critical areas are something we do not support. Would replanting or mitigation have to be done afterwards? Commented [Al7]: You might consider having a qualified arborist determine the health of the tree before allowing 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. Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 19/76 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. ,Activities � oeated in proximity to an eagle nest or roost; provided, that the permittee shall strictly observe the guidance and requirements of the U.S. Fish and Wildlife Service's National Bald Eagle Management Guidelines (May 2007 or as hereafter amended) and, if required, the permittee's USFWS Bald Eagle Permit. 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 c rcum1llarcut s_rc e.12.:nac.pd. d buffer and any applicable setbacks,,,,,, " I ere altotio ed V�y:.a,��i i Ili arter, the con urtt nt,m uy re oq rand x (hice @ 11 urffex;, ob a;t;,to uiiy z ).c@ttica@ ,;mini:nu m b ;flr Vt n r;tiv rtion 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 Commented [All 8]: This does refer to allowed activities, correct? You might clarify that it doesn't mean all activities by saying that this for "allowed activities". Commented [All 9]: This appear to be saying you can use the buffer reductions listed for each critical area. Is that correct? If so you might consider rewriting this for clarity: Suggested example: "The consultant may recommend reduced buffers where allowed by this chapter." Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 20/76 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. Othenvise, 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 director's satisfaction, experience with the requirements of the PTMC requirements and process that 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: Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 21/76 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 fl(t)(d)(i) of this section; vii. Specific means proposed to mitigate any potential adverse environmental impact of the applicant's 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 .,,,,.....I .. e rant l'i.1L..I e lrrar a ie.d ur hotl... ..ki urd col.y...a nd clectronic form at,.. 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 .rid c2rr tr uctr2zz,,,rc;,l;a c°,d,aa t ,; tie,�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 preapplieation consultation and may be required to be supplemented at the discretion of the director. Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS vi. The director may limit the required geographic area of the special report as appropriate if: Page 22/76 (A) The applicant, with assistance from the city, cannot obtain permission to access properties under separate ownership; orl (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 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; Commented [A20]: At least in the case of wetlands, you should rate and delineate the whole wetland in order to get an accurate understanding of the functions and values. Rating and delineation methods do have provisions for when you can't access a property. Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 23/76 ii. Obtain the director's approval on the field markings before beginning any permitted activities. Field markings are intended to prevent disturbance of critical areas and buffers and may include such items as temporary fences. Detailed requirements 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. i. The meeting is to be attended by the applicant (or applicant's agent) and city staff, to review specific project details and methods of construction. Subcontractors such as those conducting grading or excavation work may also be required to attend the meeting. 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 b e unable to make a conclusive determination from a site visit and review of available information, the applicant may be requested to provide, at the applicant's expense, additional information, reports or studies similar to those identified in subsection (17)(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 Accc c trt uEic all ,ia1,,,Report� . 1. The director, as part of the review process, shall verify information submitted by the applicant to: Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 24/76 a. Confirm the nature and type of the critical areas,„_ 1+1+4 evaluate the special critical areas report„gnd,,,e,itli,ez ;vcci uI ze,rr rl arA an.rand �t fo, corr ct on"; 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.). 3. The director may consult with other agencies, requesting information on the proposal's impacts, and review of a special report's contents that lie within the other agency's jurisdiction or expertise. A written determination 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); Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 25/76 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, rt es; 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-year increments for a maximum of two years' extension 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. Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS D. Exceptions — Public Agency and Utility. Page 26/76 1. If the application of this chapter would prohibit a development proposal by a public agency or public utility, oA develarlrrnent2l u rrtilrty...ctluah a: to.earn Cyedtar u...,t.rrhlr u e.zz v pu lic..o i it the .. ......... i�l :y- may a ly 1a+r z e .jucst an exception pursuant to this section. 2. Exception Request and Review Process. Application for a public agency and utility exception shall be processed as.;.. u,_-T E?.Type II permit as set forth in Chapter 20.01 PTMC rf orr,tsrde art :l ze laic: 5rr,z,r dr c.112217 �. / ."ilioreliric V lriaricc rri accord;uncc v itl'i Scction I 7 arl tl'.lC S1.10rCliriC M�ustCz� Pzar>z;urn if ill slia rchnes ..........................................l.............................................................................................................................................................................................................................................................................................................................................,_.................................................................................. rxz�i>dictiori. 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 I a>A r za>lcct�,rri ll.221e 1 rie 5uzr: da tra>ri the uz � uricc, gylrz a>� ul crrir z � u ill ,I_t 7,,,,, athe�ho Shoreline ter Prm rn lull u ,_,_Aelpublic aer agency/utility exception shall be reviewed and approved, approved with conditions, or denied based on the proposal's ability to comply with the following 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 that the applicant's proposal meets all of the criteria. 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. A,lrpli ution fora reasonable use request lila,11,1 <,,,,r z, ceh,,,<,%_g,,, Port Townsend Municipal Code Page 27/76 Chapter 19.05 CRITICAL AREAS u„_ t I vlr< p.r <zsn�t a:,_ et Ia F0I ui„( li mt.c 2:0 01 l�'IMi d orrt,Jd< of ,IloreIui<,, lrxzi,,,dirtior.:.... ................. ....�..... ........../ ..........i..l..i .o...r...c.....I...i..l.i..c........V.......l.....r...i......12.c.....c.......i..12 ..c.....c.....o.....r....d.....;..l.u.c....c........v........i..t...l..i S......c.....c....t...i...o.....n ....1.....0.......7........o......1.....1..1.2 e.......S........1..0....r.....e................e.......M..............s.......e....z1.. if ill "horchnes jrzi,..ci..cti.an..... n................................................................. rF.lnc4V-- rilr;l ko- }7 e r cAc,cl....xr rs *4411t-4w..pH3e RR-;...3r d dtwfE l 4,44144M(�7.. 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. I3. Reasonable Use Review Criteria. ll;;oA r l . ,�i, i ➢xoxelin jox�iscir roir�. thxe �r�rarcxce aorprA�oval cxrtrv�ia ri 10.7 01 th ._Sims .line.a 1 to f"x.0 11 , on ali�all Apr l ll::0r ri lc is o t icl ...c1 hoA .hiixe l Ar alrgtxoii� t4:he 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 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. 5. A director's decision to modify a development standard may be appealed pursuant to the provisions of subsection G of this section and Chapter 20.01 PTMC. The director's decision as to whether development pursuant to a modified development standard will cause significant injury shall be affirmed unless found to be Commented [A21]: The reasonable use here is consistent with our CAO guidance for wetlands. However, this could be a good place to focus on decoupling your SMP and CAO in the future if you wish to do so. Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 28/76 clearly erroneous. The director's decision as to whether strict application of a development standard is 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 p..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. 2. An appeal of the director's finding that a site is not within a critical area or its buffer under 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. 3, N=➢uc�isua # m'.5y..:4srceulnuut..#luu44lve eh*r4 m...er rple ut rrcc y mrsulpcmla lmy...u...pm4lr #ry wrcea ,4se...Pkw,uO-w4.pu.... p.e..r:.mu ) l i e...� dlrc...�wul •;�l�c^��i-rs-rt-lrc� �r�c r+a;rr�r+�•:r...�- t-ktcr..:u�rr�kcA3�r+raw-.yn.r.:�r�,�&:.. 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 Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 29/76 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: Ia. 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 [A221- 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 the previous two as well so using SEPA's definition 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. 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. Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 31/76 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 within the service area and consistent with the approved ILF program instrument. The applicant's 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 approved by the department; with the requirements of this chanter and 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: Commented [A23]: In our guidance we call this permitee- responsible mitigation. You might consider changing that here for consistency. Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 32/76 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. 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. 1 beat ii�ie.,le than thean a In,tran reaxn,itia d by tl'ie,_iraidcalyax, ra>a+e an,tay be ae tur-axed to l a to t tl'{e... function,, unpi n aloc,, ofconfirmed rmed fish h and v, ildlafe. h abil at cow,e « ation...are 1're critly flooded are,'J ..... hand lade cr warn h a/rand aae a:..o v, etl an if, "cite r lgri hall identify an ga < i'1e,_lxirildiai'a' 1a1 ata:%... .. oot ide of the critical c a and its bolfea I,,;hi an av nece ii ate,,,lot earn: ohd atia> i l rt,lnie aLlig, tine.nt:. .... dial_ ai:e. (4ea44iersl- i, l arc t4e,u Tr„a+eta € t h ...«,l 4� I) Corw ill+stg arnat.. . 2"44,4t l i 7(49} 'qo Bela d t P=IMd -4 40.5.4_24}. w44h td+e C"' eett4o&4 tho"e, lot..,:i..if , eoat4i4Fis o4t L..Tayrr+fe.... e eaw=a=ilw of i aOH4H +at<T-oaaly aytr-ufe a a e l «rt la ' , ;cc..att..ly 11<4 cled,. c a atae,:,l...al n a>a:....,,e a , w aF.... a l r r ^, t e; aas � iflae:ai-ir+-4lre^ arar aaral+a+;:ratee-Aih_erwwatwraraarap...(44w-aar<kiarsrry9a;gta-tic^,ntt-c�wo-;nrdc=�eraU-�aaar�lkreairw9... kaxa a4 l a$ r v raroa 4r a yak a,.a ..1G 1a9 ...W:t 5 1 Gk6k °yE y) aaasak..:> etlaa*J"'-,w4raa44 Hot..4)C-4rga-lua4ed taro a~arlatrlaat�*.... ;allaawwa44l:w4eap"ity-4=a F e-x amp 4e- s94y-tto: 4ua-ik4 a"l�...;aPea 4 aF) 4w;aa d o f t4o...rro-rr;w4 w 444T-eA t.%, 4o &44 rJ'iwa cp...isi... t4aaa4�ualaaisaroo+-1`�k��l-4:s-c9aa-carat caauaa+t Yaaw�,«;are4-�c9a,a+meaty...prraa��k9-ic,a,=iaa+u✓:-�+aaraa- ` iarocaaa-aal-^,uaY�:c;e�iabot- Ekip)(rot t$+ wet e ar+alq rll axpapryly-... ka.... I-tl+e^ l aa+u"i-tear ir+-��e�tia+a;-f 1-Y-p( 4-H;a�+;=4d+r,- aar�aroa� a�t-.kaca.. r+ua,ckrtta� al-raa+ake^a ...t-ktcr..proaank i pia+;rz-ar;-d d4:cra:... e--ll+e de.:i, . iattr1+4e4at4t4eeha O ttre..;:atesaak.:.c*4i+a4rt4ev-;:aaa lwe;:w4.Ibe a ley,4 co- an ea ltwE ...xA... ¢4,:4{4^rk^ w abi,+ rdk3a:..;a3;ra3;t 3;+w ly-1 e94mn. a3 ,;.ld cte taa3aana::... l: ...; d tlrrl}7r ,.ana::.k dark totxurta ana::..e+4+ef- eoffait+atar;a3.a:.... t >cwlttel cror ro- to 411,2+t4ea<r47... ,p,...GiipeeI . in si an arc -e.^. tB+,a,i.....t%P,4bQbGD ^.ep�a a cY w9+44t-i a in 4+0 date Formatted: , Highlight t9a..... ... ..... ..... 4ra11 4.c c< 9t U a a9...1 a1 aa9 tao ag igg laat. P vw4opgaffueatt..aa+i...lke,, ...pt,a el..4rat6 aa9 &k aaa Y«.a- 4rw ➢goa9u a cU cUwvl g rrffaea t+wta+icU a +U at to . eBr ag tc; 4 3 wlaag rrffae t a4.19+0a6 pare -el. rrff ay beaaa U+Yiea+ie 4.... tome-va+a4...a rx,t h waakt a arwww « 9 p v lwif).41t.40ovw rw9+rg v$a 9 v+a aao....rx«rerorart$taslot sh:aa444:e con*i&U ra 9...a ,a+a ,1 ...p iff-eel tea; pqua POIIO . a 144i. Chants+: A p,arva l ia. (k4i to€9...;a4 aaa)y-t;.ax....lsaapee4-io-i.... ax4nstf.aree..aat..aU a 4. r $'.: v kai t9a crow 4 ata sera k $iw d tro t9w, w9a apt ... Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 33/76 Y-': vice"'o-trt...pkw—e ..kit,, a j)kW—c kta+.r:...a k:rreh+t4el-.... �1��,��y;w..�a.�al-1=r=a+ram 4lrc� r+yeast+rrrtr+r�..ak�aw�d�r-..r::cratrrrc�c�+rt;;...a+;=t�lrrz-fir v«;...la++rg-�r*, c�tcle��=s-rw�4w�<ac..t...liltc la>l<o-r�;ra>r �l*rrn<rreraa*rtao-lr<ra;Erg:cw�<r+4,,;...a>1t;tc•;Fa�rt+rwa>r�l*rno-rr�: 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. 4w,,e.rca,rtare-mac , m.ao-y:.kac 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. !I�.:... (Io tcrh / un...rallezn a ive...to a 1'1 Lb..jlmce :.tl.ua ugh tl'ie. I ype.Il czata al uze,q yrersnai:,,..Mieze the..., pz,e ,tblelCtM7 to tttan. onoildbx :......... the den ilv atiribot ale to the uxiboild able. area o the 77aY 7C.tt ...tQi atlaYtt'le.t' tlaYtlC.Aatacal y7aYltlaJn.a3.t tilt aNYle° ....1 ! y I <;ztv rrl d<, t 12 itle. lin; it ation: a>,t, thi cc:tia> 1 jr ta>.._i t)t) lre.zc<;z t a>t tti<. de aiv that :_c o(ilct lr<;.... 1F.,.hic ed o,n,.1he onboild able y)a!LOarn art tti,e,,, ata an l,< tz an 'erred to the._m nerili ul,,,aaze a parAti o.12 Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 34/76 y,,,7,Nie xnxrrarntrxn fart ".ize arl the..ondcxlvin ..zarxii da>triet xn uv_11e xedoce,d_bv xx1� to 2,5 l2crce11t,,,(%:4.. lot 1Uxe adtrrytruxent 11h.q lull utld.xvx ion xnav be. xedtr.u.edand. 1rlrlx a1111;.....<tl 1.5 :'..rut.1v...lr<=...z.edoc<=.cllrv':...�.t.% 1p,,,;C,; of ca>ve.x 1; < t and,'lr 1 of onde lyinu za> i:x w x< wrrl ltio imay,be c alcohit<d h a: <ct...oil the toty:l.... e area and chp,tered oil the buildable area,, of the kite. e�...1Nxecxxt�c,al area hallbelrxotectxd andrnana cdtolrxevexll: e_xadutxon and en:trxe1rxartFct..>n of;,exxixcul ;lr a lunctio and v'llo xn tez„petxrxiv Pe axxe.nt„11a>tectaoxt,�,h allbe. lc.hi ved tl'i,rou ,,,,, .. .. .. xeco d ataon o e a er!nerit coven,'nt o deed xe trietia>n between the ovanex and tl'ie city o t". < ernlrt.. ........ ...... ........ ..... ....... ........ ........ ...... ...... or, mjz..qjon (uch a:...4 l and txu.;tJ o a>the,z.... a>vexxirul.<;zii al a <.ne ili Ia>A.1.uv alrlrxa> gd by thw city atia>xne=v.,.. 4,5.. Impervious Surface Limits for Lots. a. The maximum total percentage of hind..;H-let area that can be covered by impervious surfaces (including parking areas) is limited by the slope of the lot for all 4et a,hed-....single-family developments :in the R ..:aid ::P,i../o.11.ixw.-1i t lcts...as follows: Lot Slope Impervious Surface Limit (expressed as % of actual land area) Less than 15% 30% 15-30% 25% Greater than 30% 20% i ;actul ate, th av ex a e a la>r e a>f t1ie e11ti e. ta>t AjUlly,-tlie xuv a xr;utrrxuv r <.xc<,„zit 21 xnx)re ioo ux frtc e to tli<,,,,,, hand axe a u._delinedax.tlu (kru,1tex � faa; l er��r r��wkw r�r ear+;W,rfe.d.. lyd dz a ea;..i14md;...:I5 i44E4 YF1yy.,... &l 41. .}7exel ecrl �tel 4.;; ... Ear e x�o-w .f7.1 a> I t e....} d4 lle._a e -(To- d d enl-t! e-miwifw ... r c d -4+i h cr e l -e,: (c :-.. 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 tle_z.ecdtr;e t..:i.�..., s.auLposte d.. y tfae upp.Iln rc t r �naaapn➢nud eonm..R.h rcu.1 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). Formatted Table Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS 5. Stormwater and Erosion Control. Page 35/76 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, .............................................w, ill-414 *u4 contain a lcw4t+i�,al r &p01 t tl+io- +4ea4if4,dc,,cAjl)tion of existing or predicted problems and c , ,C.t,,,,,, 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 preeonstruetion 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 of Ecology's Raingarden Handbook for guidance concerning 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 preeonstruetion conditions; iii. Retain characteristics compatible with the natural neighborhood environment. c. Protection of Vegetation. Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 36/76 i. Areas of previously undisturbed natural vegetation in a critical area that have been damaged 1 Formatted: Not Highlight �a>.Issat zz...p.>.I:afia."r....G::Nr.u,l t<z.)a� nwi-- mustbe 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. %....-Boond rv. Defined:A acond�iliOn..rfrreD:� Iii uplz;g ul tlic.L„u< tarArngyz<sdrx�n.e..L<Lnna cnt..l<nch a'A.:... nn,'jr cz to c elnnc tl:w ed c arl on ,y,�ic cA�tacgl uzc u o�..bolter"........... (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 transloeation 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: Port Townsend Municipal Code 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 Page 37/76 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 Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 38/76 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). n:,, 1 S v:qs.=,< I r atmcnt Sv tcm,, ki alt a I t„ r a cl t . v t<.rul:... ) u i lza>rul 1<11<,r: a>r (a>urity C ri +a>riru,<zitatl ... ... , ........ ... .. I'u lic I Ic•;ulil'i. ............................................................ ....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. 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 preliminary stages of city's review process. (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 offish 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 Department of Fish and Wildlife's Priority Habitats and Species Program List. 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: a. Great blue heron rookeries; b. Brant and harlequin feeding areas; c. Waterfowl concentrations at Kali Tai Lagoon; Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS d. Waterfowl wintering area at golf course pond; Page 40/76 e. Aleid 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 establish that the species' existence is determined to be locally significant; 3. All public and private tidelands or bedlands suitable for shellfish harvest as designated by the Washington Department of Health's classification system. Shellfish protection districts may be established pursuant to Chapter 90.72 RCW; 4 (z t?,c aI alto;; tez li abat:a;t,, de: a;w,ri atcd an Vi A 1 3 „ 6 t t i and i ay b rrb e.cgrr;eaitly araaelided by t1i<;,,. ate Ie._a I atrrzc,...anclrrdangl rrt hart Irnated to.....A:aer , �! kelp and eelgrass beds rr ucvn. �_ uz< u .fqA li<zAanw,.... smelt. Sand huice, ,ob,,a,,mice earrnrnereial and recreational diellla>li bed,,. rnndllat, nitertadal Iiabatat, cr itI'i ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................ �cnl{uilrlant,land areaathcvliackl„rzaa>zatyt,,lecae Ii1L,< alrznnlz:Y a a>calti n ..:--.Kelpandeelgrassbedsmay be classified and identified by the Department of Natural Resources Aquatic Lands Program and the Department of Ecology. F4ao- loe,:a r ,iwe kveR�eo pik4 il+4w:..{: '}llu At-lip,...z+.r:... 4 ^..e ki& '4t4t-:�...d Ads 4-AM4 :S: Herring, smelt, sand lance and forage fish beach spawning areas. Times and locations are outlined in WAC 232-14-010, and _ze o..u. ce. i ene wH 4s--(.e �Ck4;+e,, toe of y,., t4<PR-e - r 4<+u-td t+.eaff ..€-Poytaaa..n td. ercl c inve N r:.y,.., 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 �-W- 94t:4,-4 0 ca,,,,if«dua'1A;A ttt; 1,6,0�i (..L ,uin Ivl�c„_i ) 'A:-ao- dcl,„l l-+sa..WAC222-16-030(lv�ae.-"a...:::::. Forest Practices Rules and Regulations de,„)<. din._; IE cI a aEa�,;,ataa>n w e:d. 1 o tze;n are. ideztifi d in,tf e,,, ( atv limils and tho na> cxpr zc, x<tOni d_ .,o aded herein. A-E4e &4+erlz< H;+�-atie,+l ffei'r re 04-E4t+Ret ,'ai'4,Y,t-Iterc wele within- 4K-',.eill-14Pz+.ra... "Ih-e l+r l ^:1-eH-<-,;aa3 ;,aynrc ; r r.ua: ; a++rwN4eH+ g^r r r 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 Commented [A24]: In the context of future SMP updates, ensure terms 'feeder bluffs', 'marine bluffs', and 'marine shorelines' are all clearly defined and used consistently See also .100(D) designates 'bluffs' as Erosion Hazard and .100(E.2.f) sets Landslide Hazard standards for 'marine bluffs' Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 41/76 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 that there are none within the city's jurisdiction at the time of adoption of this chapter. 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 4,0-regulated under the city's shoreline master program. 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 offish 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 Service's National Bald Eagle Management Guidelines (May 2007 or as hereinafter amended) and, if required, the permittee's USFWS Bald Eagle Permit 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 repl,ignt,,wed in native vegetation... e,,as,,,, to be retained shall include the lar �cst contr rrarrrs. aid or nw,t v ater v, ar�d block,, of native ve eUation ....................................................................................................................................................................................................................................................:....................................................................................................................................................................... located d on ,iie. PI no are,'p, art natr < < ,etatra>n rerna r tlre. veg<t atrarn retentram urea bull e,..z.elrl ...... g„?ilrc,rr ati etlolorelrne,,iucr Penrn,,ohu Forad d.e ,,,,,,n,.Larr aor}s, ail e r�tix.g de elarlrrnezli relrluntin_ ball < connrnen rrr ate cvitlr ..thde eeal tre rlanmlrke.. ........in1.1)oin tnev, 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 and Wildlife's Aquatic Habitat Guideline documents including WDFW's Marine Shoreline Design Guidelines (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. /tdditionaI Perforrnaice St,'n ards fzrr Critical Salic¢aterldLill riats Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 43/76 4V1 6 4 I Formatted: Strikethrough k Irtlhilc,, and horehnemodific ation,,,,,,,diallnot„inlrodeintoorbeboiltover critical .. .... ... .... .... lnc atet h 1b.1l at onle::...th. mpheant Call : hov, that all aYf tile, l3l.laY t IYIw ete .ltt l a call be me.t:. t.:...........�..zl..ialt.<:rmatll..<..:..i.oli,� r,n,<,zit..�'!.:_h�au,t,lar.ri...:!.:" narl...1,<,a,o.,i ,Ie.:. l .........Ihe lrlaj.e I dc:a.grledtari..nhllrnl/. ai,....:rnrract: an.critic u1 ahcc ater h.ul,liat und..the.... ,horchne cnvironrnent. ................................................................................................. c .......!r ac t:_to critical ,ally atel habll at fnnctio ule,_rnlil_ated tar r .o is �{x _e (ial or b tte:}.:..., ec olo Ic al for etion.. d he I'll ilil v I a lrrfl he o e.rnarr(I he f rcllfiy (e. �..,. cc atc I del e llde.nt lecl e ata �rl u1 r ......... ........, ......... .. t an, ra>Iltaon f aslatrrilllvand 11ubhe inlele, t,y 1 j.. IV1 6 4 Paa naeaas aaart rrre la>Ir 1v adentlficd n, caataeaat ,aalm aate•r haabataat the rvo' ct�rrarlronent diall ubmit � Formatted: Strikethrough a 7,t aYyYtl ate. IecaYalal al ,anee level ,,todi ta7...dete77V41Y1C.....vdiethe crlfle.al altVt atCt 11 a171�;,at C I ti.. v,heneveathe...follov,in2tv,ocondilion aze...ralrynccuble.;., u,.... Ihcrrz.prra> edde.y.<laryrancnt,..:ar e ara ueai liylaa: the IrartcntLraltarclIe...l_aufxcunt ad�er,,cauffeet,to a... critical ,aahv,,ater haabit<at Wald b..:... I he bc.'h h o ulty atc a uae u..11a at an uy._be Irnlr wteti by the.rr,.aryra> cd deg e larpaney t u e. �a pF ti Ity i" the.... tyrre arf env,ironmentin v,hich u,_critical ;altcc atca Be ,;}i at tyrrlcally occon,,,, 4V1 6 4 3 ent meeh aruc aal C Formatted: Strikethrough n .;rid aaln atat:...lrc ticld<...te treatment,, diall not n ed oil critical ,all ec at<:z:... lanbfiaat,. 4V1 6 4 4 all v,,ater _ � Formatted: Strikethrough h fl, 1 at e c<=.Irt cc hen lr<tz t a>f an w.I rrla> ed I.e.? ta>I atla>Il._effa>It a>I ;;.. aha>cc ed... rl I bJ 6.6...1 aba>ve.:.. IV1 6 4 �,e v a>artl ash, (ulclrrdul = tarAancc aatez acid e c��ez arrrtliall�,y acid dl ch az e Y�lrre: hall Wart be located Formatted: Strikethrough in critical all v, tet o are,a, v, here oo gll or di,eh�ane v, Ilad� er,elffectcritil PIi;,any_,,,,,, ..... ... ..... ..... ..... ..... v, l 11he.ln.t e. all haYUt'... th at all a3f lire 1a711a3Ut nlw e. Las lr.e ane.t:.. u,,,, Ihere i,,no ahern,'lli elocutionfo th.e...00lfulla�A:.rrarte:., lr..:... 'I he outs all a>I a i,}ae I 1 c<,d„be1a>ct t1;i<„ arlf �ee.,o the be.:acl o bed ofthe v :aterbody:. ... .. ... .. c, "I he outiall daschaaa� es c,nterv�aard of�tle �,obtidaul lame .............................................................................................................................................................................................................................................. d:.. I he dastnabe d uae;,a v, Ill be. r e _e t uta,d„ cc Iih n ut,a,e e..... I he di, ch al, e. }ra>ir,li{ y a>n t1; e a>artf:ah,a>,A dl It el,<,:< r lr c. i, ,located : o the dl ch Jn e anclUdi.rl_ Warts aezits Port Townsend Municipal Code Page 44/76 Chapter 19.05 CRITICAL AREAS Formatted: Indent: Left: 0" ............................................................................... .............................................................................................. ...........................................................� E-1. 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 inPTMC 19.05.050(E),,1 o crilicaul ullV, utez ,,,berllea redo tiow, diallnot,,, e'YLCf;e:ll L,.S°�a so th,'A at lca,,t /5% o tile ,tt071dard v, idth is MV ,ai 1taincd. ................................................................................................................................................................................................................................................................................................. 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. W... 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). Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 45/76 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, s tne--iwew,,,.. 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). Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 46/76 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 d. The plan's habitat mitigation activities shall be incorporated into the proposed project. The floodplain development permit shall be based on the redesigned project and its mitigation components. Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 47/76 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, Environmental Protection, of the city's shoreline master program. (Ord. 3198 § 3 (Exh. A), 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 Agency as "special flood hazards areas" indicated by zone "A" or "V" on the National Flood Insurance Program's maps including AE, AO, AH, Al-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 Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 48/76 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 design criteria contained or referenced in the city's EDS manual. 3. The applicant shall provide a long-term maintenance plan for storage facilities. Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 49/76 4. If conditions warrant, the city may be requested, or may choose, to take over long-term maintenance of these facilities under appropriate legal agreements. 5. If development activity is allowed under this subsection, the applicant must sign a "hold -harmless" 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 4444�,,:-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 Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 50/76 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: i. Those areas delineated by the USDA's Natural Resources Conservation Service as having a "severe" 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, : h,' 11 sae. n. ttnnt o .. a arolat'l , 17y �t az p �Oaaat 11L t I; llG t t a't least, aani�... . ......... 1 Ifie li j o I i"G7nG a t nl I1 :.1„_eat allnl�,n;0 aanl i1;G nit qn ,r t�rrnnitt�,t;0 a la ttF:n..ne !! t;rn..t... conln lat_ ively (0� h>rnonl to at�.s...:to die ; ali n ac trcnni o Ifie-1,lrm� � tc��...11 ut �la��s �l ,� not u...h ar and Mid, iJ tlna^ D1IfcG loi in consultation willi Ilia^ 4."tt. l,nl'nrnla;a°n dot^tt^If'IllnYn1G^^�, tl"itat die aica ol'40%) Formatted: Font: 12 pt lams I: an isolated man 1.m l� lame (tgi1. e, a �trcani,,, h all nid;t„ a��l� I qnl toa�I ; lly alten;e;t,G,.. blatnn l cri_u�eezedtluri II,�,allbe ze.grr,,i+ed urid,,,onle v,,aiv d , tlie,_1)uectoz,,,,I;u carte l'iri ulezi 11'all zee i v.th deeztlfy that. cithe u me a"Ure.a,, ..., th:, wl I.C.1 a>ri 01 arkf........ rie, !ILLI IM1122,,I;a1... d%ill not de.ere u < la>pc t ubrhty;.......... Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 51/76 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 Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 52/76 exacerbated.,,.un : if ul tncu 1< lrliv a�.igl. uF e � ;alpli, the did efine. i,, not &maded i ondilio nn,'ly be... 0I7phe.(1._t4Y Mrl.ijim,Ote' lol 0! tlle°ti.IY Vtll 06'.tk QYl (lt OIr1�.Pwe V to NYIY 0 'S IG �1e°ci Iz QYMV{ rYrrl-hc Ote 05.:.. 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 preeonstruetion 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 Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 53/76 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 ui, ,: , tho,,e-- 44swribed 4e4-k#84 uW4;s'i &f 44WW,eme...N",4tw*W-64matto '.%., 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 amur4-. .tea -44+ 4f vt ails l Pe ,, greater than 40 percent that exceed a vertical height of 10 feet and their required buffers shall be prohibited, except:,,,, u).. „�i.t'allowedunder PTMC 19.05.040(B) C r ernLtc ,ra utEIar_(& O t.11 ed .ctay,ii�ae„�, or b),_ allowed raider P1;Mi i9 ( 5,(i5(i (1b)... rseMr io:j..... rbl.ac A ri v und-i ti i.v ce.lrtia;>ra Jae a Omab,lc,-l—;,` <;,,,, .................. 4.)-for minor development to provide public access (e.g., public trails, stairs or view points),,,-aI 1y vtli<.a,e„tlae l:baae,cta>a an ca n"olt ation,V,i1 a the. Uiiv C n, incea determine that th aae a of-il0% la>1re i,,,,,,. an a arl uted r ",11 made la Ile....(thi < C 116arn la ull hart a11rLy:.-ta> lu tonically allered binll 1.em aneeacd ........ ....... ...... be.acglr,ped and,,,,llnle vu,ivedbytl'ie_ i ccto'A:..la eartvcln,acalci in ea liull,reviev, the ,,,, 1rl ara an,d ceataly t1, at <aificz... lraarlra>>ed a>a arb ect tar zcc�rnrn<zidc i...rnata ata n...rnc a "ore". raar arrue,a,a>n able, tl re at tar 1rcz;,,a>n a pz; lreaty calker am or ofl ate and tlae 1a pp al vt all nzrt,.. decae a: e... L.aUre when the special study concludes that doing so would not result in an increased risk to people or property or impacts to environmental processes,T ra �ncca,edr l ara ,.:`L.ill.lre..z;ec„Aired; ii. Marine Bluffs. A special study shall be required for all proposed development occurring within the "marine bluff management zone," as dictated by the bluff height and defined from the top of the slope: Bluff Height Marine Bluff Management zone Less than 10 feet No management zone 10-50 feet 50-foot management zone Port Townsend Municipal Code 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 U I10 FEET X ='NO MANAGEMENTzONE 5t - 100 FEET X=.E'QVAL TO HE.VGFIT QFTfiE BLU(F GREATERoW N1Q0FEET X - 100 FEET' Page 54/76 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 shall hereinafter be referred to as the "inland bank management zone." Figure 19.05.100(B)Inland Banks Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 55/76 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 Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 56/76 from the crest of; tlic hlrr,f;f; or 10 feet from the sides and the toe of a marine bluff (4-,* i Of t;te- hOK4'rsre-- � ffH+- . (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. 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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. Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 58/76 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.1 2. Designated wetland areas have been identified 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 d. Hydric soils, soils with significant soil inclusions, and "wet spots" identified within the Jefferson County soil survey; e. 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. 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; 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. 1 •; +c^ ky-c tl;, ikpe, a3.z::... �stlrarine v <dand, ... ,ZnalIcr t1'i:u12 o12 acrc 2.1 a>a,bul la�a>arn, �,Znaller than I 10 ,w.re of di,torbcd .............................._................:.............................................................................................................................................................. t1r urine ct e arid, I ur <r tl'iarr arlr< uFre art dr�tur .<d c u�tul I u oon: lar < tkiun I I0 JCTC; ....... Commented [A25]: GMA requires the use of wetlands as defined in (RCW 36-70A-030[31]30) without modification. Please use it as defined here: ""Wetland" or "wetlands" means 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. 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." Commented [A26]: Presence of wetlands should be determined by onsite conditions. Maps can be unreliable and conditions can change over time. We strongly recommend that you include mention of this or something along the lines of this: "The presence of critical areas on a parcel triggers the requirements of this chapter, regardless of whether or not a critical area or buffer is depicted on an official map." Commented [A27]: This is called the Department of Ecology of Coastal Atlas. Not Zone Atlas. ................................................................................................................................................................................................... Commented [A28]: Why is this included for wetlands? Recommend deletion of this resource as it doesn't appear to fit. Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 59/76 ii. Wetlands that score between 20 and 22 points on the questions related to the functions present; or.., i a1...... cl .......... 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 �upplementsj. — 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 ari a crrz ute..._z'ap.rrri.d...7:e.z.;.). < 1...r.n uJ..(<.....>........C.sPS reason it has to be this kind of GPS? As recommended in our Ike aI I ime.-i�arm atac,, a r ee. f e survey.). 1 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: "an accurate ground verified map (i.e. GPS with sub -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 be provided, and marked by staking on the site". delineation is contested by the applicant, the director shall, at the applicant's expense, obtain expert 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. Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS D. Performance Standards for Development. Page 60/76 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 only if the proposed activity is the only reasonable alternative that will accomplish the applicant's objectives. 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 Chapter 19.05 CRITICAL AREAS Page 61/76 iv. Do not score f4w. ri.). or more points for habitat function based on the 2.L14 (.ladateqt.2.e. _ Washington State Wetland Rating System for Western Washington: 2014 Update (Ecology Publication No. 14-06-029� or as revised -r ,4,r� tce44)v 4 �la> e), 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.StormwaterManagement. 4 r tt! c IaA4 kvi:rt d aarai-p,� v egTram... rr i h ; eaa w a e.W c41aar:... + o- rcEew Ain roe w ; a l dam +k� Formatted: Indent: Left: 0.28 Tali k�;bk rca,r Derr Ta+f-tl+c 41b44-Marr+rrT4:rrct,tk+c.UrsQ,caallrK4T4vep,-e4y..To-1[�e-ttdte....rco-4wtganr-....pl r 4...1 .par nyn na, o- i ,Aare w.l7.lna+e +t r c erg c w .t:: +�; ,e,4 4a+.a44*4;c. >tw+=art-cU�o-tr� awro-ai;ag�ara<att....awao-atts:o-l:-<o-r+r4tktcrc,ro-rE;.._r+a>,�tYaat+(ie,etrtraU4�er>;�rar-r+ama=t~i-t¢> �-�tlro-r+r4r<,a>Earc<r.,;.,. A 4ckcla>yr w< ;....go- w Ensc, tr w tlro- r4 la>a:...>E o- c r 4 x r t Uw+k ",...t1tc g 4 k* ar r wzm kakw r ;ram t:k; t:..4c kr;rat aaar ...e:..rr. wcrtwa arlkta 10-14 e�ra'rtxar4: o 4c^ w r l+.:i.r^rr &l ^ c• ...yn m a+1:... tl A r w I:;; . cU,o-v+...a o-mt —,,Men4 ; Ewzllw mia 4ac....i4li�w:, 4 ..i.{ tk+c....rl t rl s- w t 1 <r;: ,c tk+c 1raf�', of flow ...m- roc re;ar;.e„..... 4W-etl,r1+j�, ki4 not- hc=....t sad 4a+1 r er4..4a+1 d +;.c^... f4+v>il><atel + srtua�Y--4tc ,a4lar>r e t4 anrt l� a t:...tkt� �a 1 �;;:ratt-,4c•araa*at„t1,at�r 4 1 4'aa-lra o-et4r4ec._,o-k��1-1r,at+�=e c 1 ts,,,o-1+r4 Ar J�'-caa�+l+tAr. ;.;a1�-.1.:raw+#c.d...ta3-�ciar+rartrt-a-rrarr4-4nsar«,�r� a-lare;at�ae' -&cr t-k;�c,a;:dc;;t yn.a:r�;a4rkrv-...sue-t-krc artatc,l 7.;4.... p>e o i47 1 hua 1"e e ,>l the -1� fe of ca:e..t..l o-at,4,a -ao ly arr p m 4 A. v etl and o it,, arlfcz 1aa;ty h< lrkivs,?, ally a>1 l;ry lza>la>wac;µlly altered„ta> 1ua«.t ttl,< z<etarlle;rut<nt o gn LID. J�rrnof:.l:.., .!.re,atyJ,ent_g>.!:Flzr,44.....CAritaol...t3,M2'..o lv...if',a.1.1..of t1i.<:._f'ollary;iri.,_. t re met: a hv, etl nd Ia eatFaV 'a ! bil ,core of .5 12ajhlt'and : 4 There wild Ore,„` no net loss o Vu actions and v luas ofth avat4u4u,t4, aund c I he v, <tland do not contain :a 1 z.<< 111i lra>.Irarl atla>n a>.1:.. ally 1i ata e alualrkil4 i. t1i lr<c 1a l.::.. adid Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 62/76 d 11IcIrvcooa, Irnctiow, o the v<tndcanhe ralroed olned in lrctiow . 4 5 of Uh rt 4 and .vi.... paaustnazns 2, 3, 4...azll 4_ta urct.5 in the Guide fi)r V tnrc VpntnEutnazn........ nt s 4Jsj¢, x a �h utea,5]a 2G 1f taz.aucta,"... av adzabl hcre...httpr tioivtia ccv do u. aav ll tll ltaro/(V`)iVt>(V;S2.�'ttunllZ a>A' tli< ct <tlaari l lr;art a>I as lrz a>A tv z_< ta>z at a>r_ Commented [A37]: This appears to be a broken link? rrlarr,tl at ashrere for :a?arrr al: identified in the Shoreline raor Please double check. se, t ,; ,m ,,, kL tt;:?.a.l; <rd...Liiari.::...%tnd c 'I he. v etland lie,, in the matron rorutilw of' the. rnrnofl. and lire d�i>char�e fbllov the natund ro>utin�, and .....................................................................................................................................................................<..............................................................................................................................,_..................................................................................................................L.................... f. All re >nrlation�s re ard�in .. stow m atcr and vvetlarrd rnana >ernent are larllovved inchudhw brit not Linrted to _...................................................................................................................................................................................................�.......................................................................................................................-................................................................................ local..2nd t atc v,etl and and. tornivvater code,,. n annr ak. and Irerrnats and Mp.ddreataons.. th at allerthe "tauctr,re ail avtetl and or ats aril ski{,all be al rrz.pprr ate ly lrerrnrttu function,, andvalrre tlruta e la> t lizallbe ca>rul,.lren atedz:g.lrlace.d,.. "taunt" ater LID t3Ml': re.gnrued a:sa;arta>l T e:v� arrdl cdevelaryrrnenarrrar�ccts_canbecon ideredvaithin ................. ....... ......... ....... ......... v etland,, and their burlier". 1 larva ever. the ,e areas rnav contain features drat render LIE EMl's infea,,rble. A ...........................................................................................................................................................................................................................�................................................................................................................................................................................................................................... c,,,y ecnc� char ac terraat;ion r rcc.11,i,red to determine if',an LID b 13NIP i le a: it lu at th<,,,,,lrza>lect rtC: ( 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. Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 63/76 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 below-in..'Lable,,(A.).: Table 19.05.110(A). Buffer Widths Weiland Characteristics Buffer Widths by Impact of Laud Use (Note: If multiple characteristics are (Note: The most protective buffer width Other Measures Recommended for present, the most protective buffer width applies) Protection 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. Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 64/76 Table 19.05.110(A). Buffer Widths Weiland Characteristics Buffer Widths by Impact of Land Use (Note: If multiple characteristics are (Note: The most protective buffer width Other Measures Recommended for present, the most protective buffer width applies) Protection applies) Bogs Low— 125 feet No additional surface discharges: restore Moderate — 190 feet degraded puts 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 8-9Points) Moderate —225 feet restore degraded parts of buffer. High —300 feet Interdunal Welland 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-?�(. — 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 g,(,..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 (.27 Points) Moderate — 110 feet High— 150 feet High Level of Function for Water Quality Low —50 feet No additional discharges ofuntreatedrunoff. Improvement and Low for Habitat (Score for Moderate — 75 feet Water Quality 8 —9 Points: Habitat Less Than High— 100 feet .^:..(..Points) Estuarine Low-75 feet Reserved. Moderate — 110 feet High— 150 feet Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 65/76 Table 19.05.110(A). Buffer Widths Weiland Characteristics (Note: If multiple characteristics are Buffer Widths by Impact of Land Use Other Measures Recommended for present, the most protective buffer width (Note: The most protective buffer width Protection applies) applies) Wetlands in Coastal Lagoons Low —75feet 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(..,.4-7 Points)L.. Moderate 110 feet High— 150 feet Score for Habitat 3—Points Low —40feet 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 (13...) set forth below: .III, „_ , ,,, , ,,,,1Y_1Y_ ,¢,IG „,,,Land Use Impacts and Intensitv Levels Level of Impact from Proposed Land Use Types Proposed Land Use High I • Commercial, including retail sales ............................................................................................................................................................................................................................................ Commented [A32]: Your wetland buffer table appears to align with our guidance. However, it is possible for CAT III wetlands to score high for habitat. You might consider using language from Appendix 8-C (0506008part3.pdf page 7) from our Wetlands in WA State Vol -Protecting and Managing Wetlands: *If wetland scores 8-9 habitat points, use Category II buffers" Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS ;,I,I 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) Moderate 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 Page 66/76 Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS ;,I,I Use Impacts and Intensity Levels Level of Impact from Proposed Land Use Types Proposed Land Use Low 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 Page 67/76 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. Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 68/76 I5. Reduced Buffer Widths. The rkir€ Ior ➢a,iregtor..may reduce the standard buffer width on a case -by -case basis to a width ti art i, the x�c� ,at�z of /5% the t �o�c@ ird bumf :v vo idt➢x or no fewer than 25 feet when the director ...... ....... ........ ........ determines thata a. No direct, indirect, short-term, or long-term adverse impacts to regulated wetlands will result from the proposed development activity;-iand b. The site is extensively vegetated and has less than 15 percent slopes; ol, land. c. The project contains provisions to enhance gny;_de, maded.,buffers using native vegetation which will provide additional protection for the wetland's functions and values. 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 2.50 percent of the standard buffer or be less than 25 feet. 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. 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. e. VtaorA loatnaotanuz....YI l f annlarrAan:eeInmaeant hicentave 1 he yetland h,'p, been interflio allVenhanced in accord;anee v€ilh a ................................7..................................................................................................................................................................................................................................................................... ........................................................................................................................................ atv of here enhancement i,not .l z tr urt.p.f ru... e,Idrra+ed rn,itl ataarn pllun Pn rr,eki a e t1le v, ethanddiall z<t l?n tfi< r z<. ,cAa�rta e 1, .tl<z z<sjrxar<rn<zits... dewanined Ivior to the enli aneermnt aF tas.ity Na,,ed..oil the function and ..v aloe at th at time..,....../tdditaonr.at... frxtrrze ze: tai,ctaa>n vaall„not be Irlgc ed am v,etnd ,oci ted vy„ilh their �ueAe a ed lonetiow and v loc,,,,,,, ca ed by volont azy enh aneeme,Izt I lie lun.Irla ant l lall1, zes.:d1t.i ed to ze;co d an e a;,,,cmcnt co en ant a:A:..., deed r tricti m tar en�uzc Irzc e.I ataarn arf is caili ancernent art is lrzc czs. taarn azc u ua lrerpettlily ill a farm ........ ......... ....... ........ ta>...tl.ic city:..?att.a>zxi<V::.... 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. Commented [A33]: Our guidance doesn't recommend buffer reductions and instead suggests using buffer averaging only to provide flexibility to applicants while still protecting wetland functions. Nor does it support the trade off of improving degraded wetland buffers for smaller buffers as our recommended buffer widths already assume a well vegetated buffer. You might consider using only buffer width averaging. If you do keep both reduction options it would be a good idea to make it clear that these methods cannot be combined as this could create an even higher -risk approach to wetland protection and cause loss of wetland functions. Commented [A34]: This language appears to address what we would call a functionally disconnected buffer. We do have guidance and language on this for wetlands that we highly recommend you consider. Waiving the entire buffer would not be ideal and the buffer should extend at least to the obstruction to provide some kind of protection to the wetland. From our wetland CAO guidance page A-11: "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 [Administrator]. 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 [Administrator] 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 [Administrator] may require a critical area report to analyze and document the buffer functionality." Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 69/76 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(t,`?,, 5,,,I,,;I,0), 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 theF7r;: €E- d:o-.:ee,..n 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;-, F.cology Publication No. 06-06-01lb, or as revised). b. Consistent with mitigation ratios in subsection (H)(7) of this section. �2. Mitigation shall be required andtheapplicant siwlt 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 -tbuxir,g,-¢k,e-life, z1,f th e i1c.taz?,px,; 4.yzT e. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments:;, ao�al/ox ............................ 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. Commented [A35]: We highly suggest the use of the mitigation sequence as defined and outlined by SEPA as stated in previous comments. Furthermore we don't support the addition of and/or in the sequence as an applicant should be following the sequence 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 wetland functions if not mitigated properly. Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS a. Restoration (re-establishment and rehabilitation) of wetlands; Page 70/76 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 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 credit/debit tool described in "Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington: Operational Draft" (Ecology Publication No. 10-06-011, February 2011, or as revised). Table 19.05.110(B). Mitigation Ratios 1:1 Re-establishment or Category and Type of Re-establishment or Wetland Creation Rehabilitation— Creation (R/C)and Enhancement Only Enhancement(E) All Category IV 1.5:1 3:1 1:1 R/C and 2:1 E 6:1 Commented [A36]: This would be a good place to outline the difference between re-establishment and rehabilitation and how it is different from enhancement. This was previously recommended in your general section and for consistency we recommend the same here. Our list of methods of compensatory mitigation can be found starting on Page A-17 of our wetland CAO guidance. 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 estuarine wetland Case -by -case Case -by -case Category II — Interduual 2:1 Compensation must be interdunal wetland 4:1 Compensation must be interdunal wetland Not considered an option*** Not considered an option*** All Other Category II 3:1 6:1 1:1 R/C and 8:1 E 12:1 CategoryI— Forested 6:1 12:1 1:1 R/C and 201E 24:1 Category I Based on Score for Functions 4:1 8:1 1:1 R/C and 12:1 E 16:1 Category I Natural Heritage Site Not considered possible* 6:1 Rehabilitation of a Natural Heritage site Not considered possible* Case -by -case Category I — Coastal Lagoon Not considered possible* 6:1 Rehabilitation of a coastal lagoon Not considered possible* Case -by -case CategoryI — Bog Not considered possible* 16: 1 Rehabilitation of a bogl Not considered possible* Case -by -case Category I — Estuarine Case -by -case 6:1 Rehabilitation of an estuarine wetland Case -by -case Case -by -case * 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 interdtuW 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 w 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:1 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. Commented [A37]: Are there any cases of rehabilitation of a bog being done successfully in Port Townsend? Are there any bogs within the city? Commented [A38]: In our most recent wetland CAO guidance we have modified the tables to include preservation (which should have the same ratios as enhancement). Since you also use the R/C and E option it could get crowded so keeping preservation as a section below is fine but it is something to keep in mind. Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 72/76 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 -site activities (note: "potential" 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 iii. The proposed use of credits shall be consistent with replacement ratios specified in the bank's certification. Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 73/76 b. Replacement ratios for projects using bank credits shall be consistent with replacement ratios specified in the bank's certification. c. Credits from a certified wetland mitigation bank may be used to compensate for impacts located within the service area specified in the bank's certification. In some cases, bank service areas may include 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. Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 74/76 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 points, and narrative that explains the delineator's approach to collecting data in addition to their syntheses of data. 2. Wetlands Special Report. An assessment of anticipated impacts (direct, indirect, and cumulative) and mitigation measures necessary to comply with the city's requirement to achieve no net loss to wetland 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 city's requirement to achieve no net loss of wetland functions and values. (Ord. 3198 § 3 (Exh. A), 2018; Ord. 3062 § 15, 2011; Ord. 2929 Exh. A § 3, 2006; Ord. 2899 § 1, 2005; Ord. 2319 § 1, 1992). 19.05.120 Violations and penalties. A. Director's Authority. Whenever the development services director or his or her designee ("director") determines 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. Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 75/76 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. No permit granted pursuant to this chapter shall remove an applicant's obligation to comply in all respects with the applicable provisions of any other federal, state, or local law or regulation. (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. Port Townsend Municipal Code Chapter 19.05 CRITICAL AREAS Page 76/76 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. C. The city's shoreline master program incorporates the critical areas ordinance (4 lw o- Not �.:... I cal -by. 4 e+7yy-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 § T 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. A. The Jefferson County assessor's office may consider critical area regulations in determining the fair market value 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). From: Sent: To: Cc: Subject: 1/21/25 Hello Emma, Sears, Tricia (DNR) <Tricia.Sears@dnr.wa.gov> Tuesday, January 21, 2025 4:05 PM Emma Bolin Sears, Tricia (DNR); Vanegas, Ted (COM) Port Townsend's Critical Areas Ordinance (2024-5-8015): WGS comments In keeping with the interagency correspondence principles, I am providing you with comments on Port Townsend's Critical Areas Ordinance (2024-5-8015). For this proposal submitted via Planview, I looked at the proposal and focused on areas related to WGS work. Of note, but not limited to, I look for language around the geologically hazardous areas, mineral resource lands, mining, climate change, and natural hazards mitigation plans. Specifically in this proposal, I reviewed the PTMC19.05 Critical Areas_062221 LILO Clean 011525.docx and Staff Summary of Amendments Clean Version 011525.docx. On page 8 of the PTMC19.05 Critical Areas_062221 LILO Clean 011525.docx: Suggest adding a reference to WAC 365-190-120 for geologically hazardous areas and clarifying which of the hazards are in Port Townsend. The existing provision states, "Geologically hazardous areas" 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" To clarify, these are the hazards you have in the geologically hazardous areas in Port Townsend? You don't have volcanic, mine hazards, or other hazards? You have definitions for erosion, landslide, and seismic hazards but not tsunamis. Suggest adding a reference to the Department of Natural Resources in addition to the existing agencies listed. ""Landslide hazard areas" means those areas potentially subject to risk of mass movement due to a combination of geologic, topographic and hydrologic factors, including historic slope failures. These areas may be identified in the Port Townsend Comprehensive Plan, U.S. Geological Service Maps, the Department of Ecology Coastal Zone Atlas, or through site specific indicators or conditions." As noted below, DNR has landslide hazard information available on the WGS Geologic Information Portal. It is the most up to date best available science. On page 24 of the PTMC19.05 Critical Areas_062221 LILO Clean 011525.docx, G. Appeals and Stay During Pendency of Appeals, is missing #3 in the list of four items. Note, there is a mix of font styles and sizes in the document, suggest tidying that up. Below, I include our usual language for this and future endeavors. Recognizing the limitations of the current proposals, I want to mention that it would be great for you to consider these in current or future work, be it in your comprehensive plan, development code, and SMP updates, and in your work in general: • Consider adding a reference to WAC 365-190-120 geologically hazardous areas for definitions in other areas besides the CAO. In addition, consider adding a reference to WAC 365-196-480 for natural resource lands. • Consider adding a reference to the WGS Geologic Information Portal in other areas besides the CAO. If you have not checked our interactive database, the WGS Geologic Information Portal, lately, you may wish to do so. Geologic Information Portal I WA - DNR • Consider adding language that the qualified professional geologists and engineers are licensed in Washington. • If you have not checked out our Geologic Planning page, you may wish to do so. Geologic Planning I WA - DNR Thank you for considering our comments. If you have any questions or need additional information, please contact me. For your convenience, if there are no concerns or follow-up discussion, you may consider these comments to be final as of the 60-day comment deadline of 3/16/25. Cheerio, Tricia Tricia R. Sears (she/her/hers) Geologic Planning Liaison Washington Geological Survey (WGS) Washington Department of Natural Resources (DNR) Cell: 360-628-2867 1 Email liri oar ^»eau^„@1( nii ._fi r State of' Washington S Ilh"""".I ANIIIWI III III""""" .°°°° Coastall IC urn IReguoin 6 48 virnsNVir ICd, f`6gl lhoi ne: (60) 249...4 -Isaac: (60) 2491229 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 of Port 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 2025 draft critical areas ordinance update for the City of Port Townsend as part of the current periodic update under 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 of Port Townsend's 2025 draft municipal 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 Number Policy Language —T— WDFW comment (with WDFW suggestions in red) Chapter 19.05.010 Purpose 19.05.010 B. �ir"�,�^"�P� ��r�a,"+� er �i�e WDFW recommends updating this statement to Achieve no net loss of critical area ' t& state that no net loss of critical areas functions Purpose functions and values by following the and values should be met per WAC 365-196-830 mitigation sequence: ' , 4 and to match the mitigation definition in 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 overarching understanding 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 ree 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 net loss is the overarching goal of the to achieve and ensure no overall reduction �No 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 Townsend establish 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 he 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 supports the City working with partners federal, tribal, state, and/or local �WDFW basin -wide to plan for the watershed's health. Page 4 ;overnment agencies and/or appropriate ion -governmental organizations, in ;onsultation with relevant stakeholders, 'or the specific goal of aquatic resource restoration, establishment, enhancement, end preservation. A watershed plan addresses aquatic resource conditions in he watershed, multiple stakeholder nterests, and land uses. Watershed plans nay also identify priority sites for aquatic 'esource restoration and protection. examples of watershed plans include ;pecial area management plans, advance dentification programs, and wetland management plans. ince watershed planning is mentioned in this AO, we suggest that the City include a efinition to this section of the code. We also commend that the City include a reference to s local watershed plan and a statement xpressing support for the WRIA 17 Quilcene- now Watershed plan and/or the Hood Canal r an additional resource for this work, please the Stream Habitat Restoration Guidelines Chapter 19.05.040 Critical Area Permit Requirements C. Allowed Activities. C. Allowed Activities. i. Landscaping. Routine landscape maintenance of existing landscaped areas, ncluding selective pruning of trees and ;hrubs for safety and view protection, weeding, and planting, provided natural irainage patterns and topography are not i altered. 2. Removal of hazard trees within 50 eet of a permitted structure; provided, hat the applicant receives permission rom the Department of Fish and Wildlife ar removal of vegetation used for nesting nd/or roosting by a priority species. Given the habitat that trees provide, we suggest that the City establish a limit on tree topping and encourage vista pruning instead. Selective pruning allows for trees to continue to provide habitat for wildlife without compromised tree ntegrity. Please see tree topping resources by the City of Tacoma and WSU. See the Trees for tesilience toolkit for resources related to napping, policy and planning, funding, and more n pursuit of this goal. To quantify tree ecosystem service benefits, see the USDA Forest lease see our proposed definition of a hazard -ee and our previous comments on resources bove. This provides clear guidance on which -ees would qualify for this removal process. NDFW does support the retention of non- iazard trees that create snags across the andscape. One specific example is incorporatin ;nags into the landscape by keeping old and iamaged trees when possible and turning them nto trees for wildlife. See WDFW guidance on )rotecting snags. F. Application Icritical 1. Where either the applicant indicates a IWDFW requests that this additional language be Requirements area/critical areas buffer is present, added to this policy. This underscores the Page 5 nd elineations. . Application equirements nd ineations. he area is mapped as a critical area/critical areas buffer, or the director ias a reasonable belief that a critical area/critical areas buffer is located on the ;ite, and impacts to critical area functions end values are unavoidable, the below- isted requirements apply to the application. . d. vii. Specific means proposed to litigate any potential adverse nvironmental impact of the applicant's iroposal including a detailed description he mitigation sequence followed in the pplication. -otection of no net loss of critical areas to align ith WAC 365-196-830 (4) and to match the itigation definition in section 19.05.020. JDFW recommends that the City include how ie mitigation sequence is followed in the pplication process. This outlines how applicants re following this City's mitigation definition and early tracking it as part of their project roposal. Chapter 19.05.060 General 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 or 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. Off -Site 2.d. Public mitigation sites that have been itigation 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; NDFW suggests describing how Port Townsend fligns with the WRIA 17 Quilcene-Snow Natershed plan and or the Hood Canal ntegrated Watershed Plan. Some other )artnerships to mention may be the Local ntegrating Organization and/or Lead Entity that )ort Townsend engages in. urces include Landscape Planning for Land Use Planning for Salmon Status, and Salmonscape. Page 6 Off -Site itigation General rformance indards .e. Properties actively managed for reservation, open space or parks by a iublic entity or nongovernmental agency nd approved by the department provided he preservation is new and additive to xisting preserved sites. t. b. Design roads, walkways, and parking areas to parallel natural hillside contours while maintaining consolidated areas of iatural topography and vegetation and iabitat connectivity; locate access in the east environmentally sensitive location )racticable; Mitigating using only new properties managed or preservation ensures that mitigation efforts ire focused on new conservation actions rather han reusing previously protected lands. NDFW recommends including a statement about habitat connectivity into this policy to plan or how wildlife corridors can be incorporated nto the planning process. As the built environment continues to grow, it is essential to flan ways that allow the built and natural environments to interact and provide benefits or humans and wildlife while preventing :onflicts. Multiple use open spaces can serve a multitude of human activities while also )roviding areas for wildlife movement. ,r resources on wildlife corridors, please see DFW's Habitat connectivity website, the ashington Connectivity Action Plan, ashington Wildlife Habitat Connectivity orking Group, as well as Wildlife Habitat )nnectivity Consideration in Fish Barrier !moval Proiects. Chapter 19.05.080 Critical Area 2 — Fish and Wildlife Habitat Conservation Areas. Classification Classification ..Maps maintained by federal, state and ocal agencies are to be used as a guide )nly. Final critical area designations are )ased on field conditions as determined by � qualified consultant. The following areas ire defined as fish and wildlife habitat :onservation areas and are identified ender this chapter: . Areas with which state or federally esignated endangered, threatened, and ensitive species have a primary ssociation. Federally designated ndangered and threatened species are hose fish and wildlife species identified by he U.S. Fish and Wildlife Service and the lational Marine Fisheries Service that are JDFW suggests adding "qualified consultant" to arify who is making the final critical area esignation, as defined in 19.05.020. JDFW requests that the referred to WAC 232- 2-014 and 232-12-011 be removed since this JAC has been archived and is out of date. Page 7 in danger of extinction or threatened to become endangered. State �� The State Department o Fish and Wildlife should be consulted for current listing status; B. Classification 2. 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. Classification 4. 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. he Department of Natural Resources Aquatic Lands Program and the Department of Ecology. Herring, smelt, sand lance and forage fish beach spawning areas. B. Classification 7. 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. Ne stFe ,ms aFe other applicable local or state code requirements are defined or applied. WDFW recommends using the SPTHzoo GIS 1p=ing tool as an alternative to the DNR map. Page 8 The Site Potential Tree Height at age 200 (SPTHzoo) tool follows the best available science outlined in WDFW's Volume 2: Management Recommendations for protecting the full functions and values of riparian management zones. The streams captured in the SPTHzootool are based on the National Hydrography Dataset that WDFW recommends jurisdictions use 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. (SPTHzoo) to designate RMZ widths (see WDFW's ma in tool). Our Riparian Ecosystems, a) The RMZ consists of a watercourse Volume 1: Science Synthesis and Management Implications compiles and synthesizes scientific and the area adjacent to the 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 recommendation into this code. old site -potential tree (SPTHzoo) or This example was taken from the Anacortes 100 feet, whichever is greater, IMunicipal 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. unction 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 Proffiect. Kitsap County has a program quantifying ecosystem services through its Kitsap Natural Resource Asset Management Proffiect and we encourage Port 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 CAO amendments 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.Bereiikian@dfw.wa.gov) Adam Samara, Area Habitat Biologist (Adam.Samara@dfw.wa.gov) Brady Green, Habitat Biologist (Brady.Green@dfw.wa.gov) Adrian Smith From: Adrian Smith Sent: Monday, February 24, 2025 6:25 PM To: Jude Rubin; Emma Bolin; PTPC@cityofpt.us Subject: RE: CAO update comment from citizen Good evening Jude, Thank you for your comment. Port Townsend Municipal Code does not have an agriculture zone or designation, but does define agriculture as "the tilling of soil, the raising of crops, horticulture, viticulture, small livestock farming, pasturing, grazing, poultry, dairying and/or animal husbandry, including all uses customarily incidental thereto except small animal husbandry on a noncommercial scale." This is an allowed use in most of Port Townsend. a) Staff have considered the Department of Ecology's recommendation to continue considering agricultural uses current even if they have been paused for five years, instead of the current ten years. In accordance with the preliminary docket adopted by City Council earlier this month, staff do not recommend making any changes that would impact agriculture in Port Townsend. The final decision will be made by City Council following a public hearing on Monday, March 3 d b) Thank you for this information about the timeline of farming. c) The Jefferson County Assessor values and taxes land and sets tax rates based on their assessment and uses. Any changes to those rates would be determined by the Assessor's Office. d) Jefferson County regulates "idle" agricultural land in the J.e.(.felrscaim_Ccau�im. r_!112ii�iied. 1[ evellop.1 im. _cad in 18.20 Performance and Use -Specific Standards. I[_...?.G3.Q(2)(I)(iiiiil.(IE3) describes when agricultural activities are exempt or not exempt from the permitting process. It references the W slhiiin -. lm l[ f. it inn. im. _ f IF callcag r S t o r...o. n w a t e it 1 M 22.. g Innu Imt lMainu�.all..(.oIr_Weste.irim_ a.slhilin on, which defines "commercial agriculture" as "Those activities conducted on lands defined in RCW 84.34.02.O.(2) and activities involved in the production of crops or ......................................... livestock for wholesale trade. An activity ceases to be considered commercial agriculture when the area on which it is conducted is proposed for conversion to a nonagricultural use or has lain idle for more than five years, unless the idle land is registered in a federal or state soils conservation program, or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity." Although Jefferson County sets their limit at five years, City staff recommends retaining our current timeline of ten years. I hope this is useful. Thanks for your time. Best wishes, Adrian Smith (they/them) I Long Range Planner City of Port Townsend I vsrvsr,.iiyta.._us, asmith@cityofpt.us 250 Madison St. Suite 1, Port Townsend, WA 98368 P:(360) 379 4423 The Inspection and Permitting Portal is now open 24 hours a day, seven days a week! Although land use permits still require hard copy submittals, we are now accepting 37 different Building and right-of-way permits including Preapplication Meetings, Customer Assistance Meetings (CAMs) and Technical Conferences (TECs) electronically via our Permitting Portal. Our portal can be accessed via the following address: ll2p.tioaFlriig1-I� i(��0t f��rti ii...i Townsend W sl�iin .�2.12 (.2. �� .�a.u�s) In -person business hours are 9 am to 1 pm, M-Th, until further notice. From: Jude Rubin <shootingstarfarmer@gmail.com> Sent: Monday, February 17, 2025 7:47 AM To: Adrian Smith <asmith@cityofpt.us>; Emma Bolin <ebolin@cityofpt.us>; PTPC@cityofpt.us Subject: CAO update comment from citizen Re: Critical Areas Ordinance discussion on Feb 13: 1 have thoughts and questions to share about the definition of idle farm land, and the suggestion to consider changing it from 10 years to 5 years." (Comment on CAO from DOE), and "dead and dying" trees (WDFW comment). Does the City of Port Townsend have an "agricultural land" designation? If so, what is it? If not, how does the City define Agricultural and farmed land in general and specifically pertaining to this suggestion, and in general? For example, I have seen areas that are actively farmed show up as "vacant' "unutilized" and "underutilized" vis a vis housing, but have never seen a designation of "Ag" or "farmland." a) Before changing the timeline, this topic deserves more public input from farmers who would be impacted. Most farmers are unaware that the CAO/Comp update would include a topic that could change an "agricultural land" designation. b) The timeline of farming operates on the long rhythm of lifetimes. A farm can go unfarmed for a decade for many reasons, for example when a farmer is aging, dies, or a farm changes hands. For example, the sudden and tragic death of a farmer in my Port Townsend neighborhood resulted in many years of recovery - for nearly a decade now the family has been picking up the pieces, and trying to farm without their dad. Commonly, farmers lack succession plans. Gaps in active farming can also result from a temporary lack of the funds, tools or technology and equipment needed to farm. Sanctions, tariffs, subsidies, government funding for ag powerfully influence whether farms can operate continuously, and are not the fault of the farmer. c) As one public commenter (Debbie Yanke) pointed out, changing this time period could have "tax implications" for farmers. What are those implications? Is it fair and appropriate to work on this important issue within the changes to the CAO, which is not frequently reviewed by local farmers? This approach lacks transparency, a stated goal of the Planning Commission and City Council. d) As noted by the Planning Commissioners and Staff, it is desirable to use the same definition as Jefferson County. I have not been able to find the Jeff Co. policy, but some members of the planning commission seemed to recall that Jefferson County has a ten-year definition. Can you please clarify Jefferson County's definition? Since the public hearing was passed with open questions, many of the CAO decisions will now be made by staff. So - Dear Emma and Adrian, please know that I would like more information. Until then, I support not modifying our current "ten year or more" definition for idle farmland. In addition, regarding whether to require an arborist to identify dead and dying and hazard trees: while at first glance, it seems like common sense and a government overreach, the objective analysis by a trained arborist will prevent lawsuits and neighborly tensions in the future. I support your WDFW and City of Port Townsend staff's decision to require trained arborists. One neighbor's "unsightly" is another person's backyard wildlife habitat. I look forward to your replies. Thank you all for your hard work. 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O i a a� a 0 (1) a V) 4� w c E E s O U s s U 0 � 0 s U � 0 3 0 U C N f6 i C1p � R � 3 0 Op O � J � 6�7 � a° o � a z +� un N O X N m O CL CA U *# Staff Report To: Planning Commission From: Emma Bolin, Planning Director Adrian Smith, Long Range Planner Date: February 5, 2025 SUBJECT: 2025 Critical Areas Ordinance Staff Report Summary PCD staff recommend: • Planning Commission ecommend City Council Adopt the 2025 amendments to the Critical Areas Ordinance — Exhibit 1 Introduction and Background The City of Port Townsend adopted a Critical Areas Ordinance pursuant to the Growth Management Act (GMA) in 1992. The Critical Areas Ordinance is encoded in Port Townsend Municipal Code Chapter 19.05 Critical Areas. The City's Critical Areas Ordinance, or CAO, regulates development in environmentally sensitive areas. The CAO has been recurrently amended over the past 33 years to comply with state -mandated amendments and reflect best available science. Accordingly, the current CAO remains generally appropriate. The Critical Areas Ordinance was reviewed during the 2016 Periodic Review of the City's Comprehensive Plan. The preliminary docket adopted by City Council on November 16, 2015, scheduled amendments to the Critical Areas Ordinance be processed after that cycle's Periodic Review. The deadline proposed in the docket was June 30, 2017. However, the schedule for adopting the CAO was repeatedly pushed back and remains unadopted in 2025. Staff continued revising the draft Line-In/Line-Out edits to the CAO per direction from the Department of Ecology and reviewed the drafts with Planning Commission. These reviews included Staff's Summary of Amendments, attached as Exhibit 2. The summary states the location of each proposed edit, what is recommended for change, and why it is recommended. In 2024, Planning and Community Development received a competitive grant from Ecology, funding an update to the City's Shoreline Master Program. The Shoreline Master Program (SMP) references the Critical Areas Ordinance. The grant work includes syncing shoreline critical areas provisions with concurrent development regulations in Port Townsend Municipal Code 19.05, to ensure consistency with the Shoreline Management Act. While the grant does not fund updating the CAO, it is necessary to adopt the updated CAO to complete deliverables for the SMP grant. Adopting the updated Critical Areas Ordinance is timely and necessary. The update would return Port Townsend to full compliance with state laws. It would support updating the Shoreline Master Program, which the City has committed to complete by June 2025 per the grant from Ecology. The proposed revisions to the Critical Areas Ordinance have been reviewed by the Department of Ecology. Planning Commission has reviewed updated drafts of the CAO since 2015, most recently reviewing the proposed Line-In/Line-Out edits at a regular meeting on January 23, 2025. State Funding - No state funding is reserved specifically for updating the Critical Areas Ordinance. However, the City received $222,890 of Shoreline Management Act grant funding to complete a 2025 update to Port Townsend' Shoreline Master Program. This grant agreement specified that shoreline critical areas provisions align with concurrent development regulations, which are encoded in the Critical Areas Ordinance. The SMP grant deliverables require updating the CAO prior to June 30, 2025. Local Funding - The 2024 and 2025 budgets included funding staff capacity to complete the Critical Areas Ordinance update. To date, this funding has been used to review the most recent draft of the CAO edits approved by Ecology, present the draft to Planning Commission, and review further edits suggested by Planning Commission. Staff's Recommended Scooe and Schedule for the Critical Areas Ordinance The text of the proposed amendments to the Critical Areas Ordinance are included in Exhibit 1. The amendments respond to mandatory changes identified in review with the Department of Ecology (see Exhibit 2) and in the Department of Commerce Checklist (Exhibit 3). The scope of the proposed amendments are effectively described in Exhibit 5, the Staff Summary of Amendments. Next Steps: • The proposed edits to the Critical Areas Ordinance (Exhibit 1) will be presented to the Planning Commission for their recommendation at a noticed public hearing. • Following the hearing, the Planning Commission shall make a recommendation to City Council regarding the proposed 2025 update to the Critical Areas Ordinance. • Council shall hold a noticed public hearing to consider: a. The proposed amendments to the Critical Areas Ordinance. b. Planning Commission's recommendation on adopting the updated Critical Areas Ordinance. Attachments: 1. Exhibit 1. Proposed 2025 Critical Areas Ordinance Update 2. Exhibit 2. Staff Summary of Amendments in the Department of Ecology Checklist — Sections relevant to the Critical Areas Ordinance 3. Exhibit 3. Department of Commerce Checklist — Sections relevant to the Critical Areas 4. Exhibit 5. Staff Presentation to Planning Commission 5. Exhibit 6. Agency and Public Comments 6. Exhibit 7. SEPA Determination of Non Significance City0fPort Townsen' Submitted By: Owen Rowe Department: Council Culture and Society Agenda Bill: AB 25-031 Meeting Date: March 17, 2025 Agenda Item: X.A ® Regular Business Meeting ❑ Workshop/Study Session ❑ Special Business Meeting Date Submitted: 3/12/2025 Contact Phone: SUBJECT: Ordinance 3349 Amending Port Townsend Municipal Code Chapter 2.80 Relating to the City's Code of Ethics; Providing for Severability; and Establishing an Effective Date iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillilillillillillillillillillillillillillillillillilliillillillillillillilliillillillillillilliillillillillillillillillillillillilliillillillillillillilliillillillillillilliillillillillillillillillillillillilliillillillillillillilliillillillillillilliillillillillillillillillillillillilliillillillillillillilliillillillillillilliillillillillillillillillillillillilliillillillillillillilliillillillillillilliillillillillillillillillillillillilliillillillillillillilliillillillillillilliillillillillillillillillillillillilliillillillillillillilliillillillillillilliillillillillilllI CATEGORY: BUDGET IMPACT: No impact ❑ Consent ❑ Resolution Expenditure Amount: $ ❑ Staff Report 0 Ordinance Included in Budget? Yes ❑ No❑ ❑ Contract Approval ❑ Other: Discussion Item ❑ Public Hearing (Legislative, unless otherwise noted) ❑ 3-Year Strategic Plan: N/A Cost Allocation Fund: Choose an item, SUMMARY STATEMENT: This is the proposed draft of amendments to the City's ethics code approved by the Council Culture & Society Committee for consideration and discussion by the full Council. Note: There are two ethics complaints pending before the Ethics Officer. The Ethics Officer has advised that he "will consider the [new] rules when they're adopted and pertinent to the ethics complaints currently under review." Accordingly, the City Council should consider waiving Council rules and adopting the ordinance at tonight's meeting. ATTACHMENTS: Ordinance 3349 and Attachment A CITY COUNCIL COMMITTEE RECOMMENDATION: Council Culture and Society Committee RECOMMENDED ACTION: Move to waive Council Rules and approve Ordinance 3349 Amending Port Townsend Municipal Code Chapter 2.80 Relating to the City's Code of Ethics; Providing for Severability; and Establishing an Effective Date ALTERNATIVES: ❑x Take No Action ❑x Refer to Committee ❑ Refer to Staff ❑x Postpone Action ❑ Remove from Consent Agenda ❑ Waive Council Rules and approve Ordinance ❑ Other: Ordinance 3349 Page 1 of 1 Ordinance No. 3349 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, AMENDING PORT TOWNSEND MUNICIPAL CODE CHAPTER 2.80 RELATING TO THE CITY'S CODE OF ETHICS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Port Townsend desires to amend Port Townsend Municipal Code ("PTMC") Chapter 2.80 relating to the City's Code of Ethics; and WHEREAS, the City's Ethics Officer provided the City with recommendations to improve the efficiency of review of ethics complaints; and WHEREAS, on February 12, 2025, the Council Culture and Society Committee reviewed suggested edits brought forth by the City Attorney, which included the recommendations of the Ethics Officer, and the Committee now seeks City Council consideration of those recommendations; NOW THEREFORE, the City Council of the City of Port Townsend do ordain as follows: Section 1. PTMC Chapter 2.80, Code of Ethics, Amended. Port Townsend Municipal Code Chapter 2.80 (Code of Ethics) is hereby amended as set forth in Exhibit A attached hereto and by this reference fully incorporated herein. Section 2. Severabilily. If any sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase or work of this ordinance. Section 3. Effective Date. This Ordinance shall take effect and be in force five 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 17 day of March 2025. David J. Faber Mayor Attest: Alyssa Rodrigues City Clerk EXHIBIT A 2.80.010 Policy. A. The city of Port Townsend is committed to conducting its business in a fair, open, efficient, and accountable manner. Municipal officers, employees, and advisory board members shall conduct their public and private actions and financial dealings in a manner that shall present no conflict of interest between the public trust and their private interest. Each municipal officer, employee, and advisory board member arei-s assumed and expected to act in accordance with all laws that may apply to his or her position. B. Each municipal officer, employees, and advisory board members shall be trained on the requirements of this code as soon as practicable after beginning appointment to or employment with the city. Refresher training shall be provided at least every two years. C. This code does not address issues of sexual harassment, discrimination, workplace rules or personnel policies, or other activities prohibited by law or regulated by city policies. 2.80.020 Adoption of state law. A. General. Except as provided for in this chapter, the city adopts as its code of ethics Chapter 42.23 of the Revised Code of Washington ("RCW"). This chapter shall apply to all municipal officers as defined in RCW 42.23.020. B. Gifts. 1. Except as amended in this chapter, the city adopts the following RCW sections: 42.52.010(8), (9), and (20), 42.52.140, and 42.52.150, except RCW 42.52.150(2)(g), (h), (i), and (1). 2. Where the statutes listed in subsection (13)(1) of this section use the terms "state," "state officer," or "state employee," those terms shall apply to the city or to municipal officers of the city as appropriate. 3. Where the statutes listed in subsection (13)(1) of this section refer to other sections in Chapter 42.52 RCW, those references shall be to the comparable section in Chapter 42.23 RCW. If there is no comparable section in Chapter 42.23 RCW, the statutes adopted in subsection (13)(1) of this section shall not apply. 2.80.030 Statute of limitations. Any complaint related to a violation of this chapter must be filed with the city clerk not later than three one years from the alleged date of the violation or discovery of the violation. EXHIBIT A-1 2.80.040 Hearing officer. A. Ethics Hearing Officer Position Created. There is created and established the position of "ethics hearing officer" ("hearing officer") for the city of Port Townsend. The council shall appoint a hearing officer and may appoint one or more alternate hearing officers. The first alternate hearing officer shall serve as the hearing officer if the hearing officer is unavailable or unable to serve, and the second alternate shall serve if the hearing officer and first alternate are unavailable or unable to serve. B. Qualification. A hearing officer must be an active member of the Washington State Bar Association, have at least seven years of experience as a lawyer, have no record of public discipline, and have experience as an adjudicator or as an advocate in contested adjudicative hearings. C. Powers. The hearing officer, when assigned by council or the city manager, has the authority to receive and review submitted evidence and determine its sufbciency and to conduct hearings related to violations of this chapter. The hearing officer will not conduct its own independent investigations and will make decisions based off evidence submitted by the parties. 2.80.050 Processing of complaints. A. Written Complaint - Completeness. Any per-sen may „fait a wr-44en eemplaint to toe eity e'er' A complaint that this code of ethics has been violated shall be filed with the city clerk. The subject of the complaint shall be sent a copy of the complaint by the city clerk. All complaints shall be subject to the following requirements: 1. The complaint must be based upon facts within the personal knowledge of the complainant, 2. The complaint must be submitted and signed under oath by the complainant utilizing a form to be provided by the city; 3. The complaint must include a detailed factual description of the alleged violation(s) including the date, time and place of each occurrence and the name of the person or persons who are alleged to have committed the violation(s). The complaint must also refer to the specific provisions of the code of ethics which are alleged to have been violated, 4. The complaint must be accompanied by all available documentation including but not limited to audio and video evidence or other evidence known to the complainant to support the allegations of the complaint. The hearing officer does not conduct its own investigations, and EXHIBIT A-1 5. The complaint must set forth the complainant's standing. A complainant must demonstrate that they hold a current city business license, are currently employed within the city, or are a resident or property owner within the cit3L B. No person shall knowingly file a false or frivolous complaint, or a false or frivolous report of violation of this code of ethics. C. Any complaint that this code of ethics has been violated shall be reviewed by the city clerk or designee for a determination of completeness. A complaint shall be deemed complete only if it includes all information required under subsection (A) of this section and is signed and dated by the complainant. The initial determination shall be documented in writing within fifteen business days of the city's receipt of the complaint, unless a longer time is deemed warranted by the city clerk based on circumstances. The city clerk's, or city clerk's designee's, initial determination regarding completeness is final_ If a complaint is incomplete, the city clerk or designee shall reject the complaint. If after reviewing the complaint the city clerk or designee determines the complaint is complete, the city clerk will follow the procedures described in subsections (B) or (C) below. B. Elected Officials — City Manager. Complaints against elected officials and the city manager shall be automatically assigned to a hearing officer if such complaint is determined to be complete as described above. The hearing officer shall dismiss a complaint if, assuming all facts alleged are true, there is no violation of this chapter or that any violation was minor. The hearing officer will submit a report to the city council, with a copy to the complainant and the person against whom the complaint was filed. C. Employees — Advisory Board Members. Complaints regarding city employees and officials, and members of advisory bodies, shall be brought to the employee's supervisor, manager, or to the city manager. The supervisor, or appropriate individual as determined by the city manager, shall investigate the complaint and provide a report to the city manager. The city manager may determine that such complaint should be forwarded to the hearing officer. D. Hearings shall generally be conducted in accordance with the city's then -current adopted version of the hearing examiner's rules of procedure. 2.80.060 Penalties. A. wee Any elected official found to have violated any provision of this code may be subject to one or more penalties, subject to approval of a majority of the Council. Discussion of apotential penalty may be discussed in executive session pursuant to RCW 42.30.110(1)(f), however, upon the request of such officer, a public hearing or a meeting open to the public shall be conducted Mon such complaint or char _ge. A penalty may include, but is not limited to, the followinA penalty may include, but is not limited to, the followin& 1. A cease and desist order as to violations of this 2. An order to disclose any reports or other documents or information requested. EXHIBIT A-1 3. Admonition. An admonition shall be a verbal statement approved by the City Council and made to the elected official by the Mayor, or if the complaint is against the Mayor, then by the Deputy Mayor or designee. An admonition under this section is not subject to further review or appeal except as may be otherwise provided by law. 4. Censure. A censure shall be administered to the elected official by a resolution of censure by the City Council. A censure under this section is not subject to further review or appeal, except as may be otherwise provided by law. 5. Civil Penalties. The City Council may assess a civil penalty of up to one thousand dollars ($1,000). Any monetary_ penalty assessed civilly shall be placed in the City's general fund. If the City Council orders an official to pay a civil penalty, the official may seek a writ of review from the Superior Court pursuant to Chapter 7.16 RCW within thirty (30) days of the City Council's order. 6. Any other penalty that is deemed just and equitable. B. The city manager may be disciplined as provided for in state law, the city's personnel policy manual, or the manager's employment contract. C. Employees may be disciplined as provided for in state law, the city's personnel policy manual, or the applicable collective bargaining agreement. D. Members of advisory boards may be disciplined as provided for in state law or the council's rules of procedure. EXHIBIT A-1 y o � 3 a ea U N o m o d w u E u o a E a ` T y O a U d 2 } y O � O U - O 00 O Yy > _ O U M A m U O M 76 U n U O o > N - > O - N V _ � C O O O L ,- E o U oo - 5 O i o 0 o O o _ O o O m _ E U m ° w m wo= L o o o E U Y o ° w o o 0 o - - C c E o ,o-76_ d o o oo_ a - c L r o m E 1� c o o w O c o r L o v E a o o m o T �_ O v Y m o o ¢ U Y c O Ao O 'o V o N H L '> - n E N E o m N - L d a E Y- w > O _ E ¢ - O a O E m L w E u d o w Y ¢ ,. o o U -oo ,.. `o Y a O� E wE o E a M o U O Y nEw O _ m- o W O N O_ VI L O_ n U W 0y a 0 o C '—� o O 3 O o 0 E 0 O W w `oa 0 o v N U 0 w m f c L O v m O ow UO_ 00 �i U VI "mo m o o Y y E _E °= a� Y c c O ` m o O �i W . m U o f N o c p L W- >+ _ U2 Y y U UI b� UI O ,- L 'o o O U-- - H .E _ o n o 00 o co 'O o o m E y U n '�m> .'E L o o 2 '� - LE o E U o - U L a oo v E E w_Y o 'om - `w U a n - o E E r wo .E E v e _ Y - E o L U - L v o > L- � > U > ._ " E o _ ¢ L M U E O y r N o O j Y E E E w - m a U - 00 _ `f-° w o o Q oo O -w = E 0 U W L c Oc 12 a d d 2- a m rn d `o u E o a E -_ E w F 6 U bq Q y > ^ .E O y ._ o a ao E w E o s 3 c G 3 o a' U c o U o o E E 0 d o E 'a m o o o 0 0 Y •"p N O O D c N NILD U L w m U 7+ City0f Port ' m�10 Townsen Submitted By: Steve King, PW Director Department: Public Works Agenda Bill AB 25-032 Meeting Date: March 17, 2025 Agenda Item: X.B ® Regular Business Meeting ❑ Workshop/Study Session ❑ Special Business Meeting Date Submitted: March 14, 2025 Contact Phone: 360-379-5090 SUBJECT: Bid Award for the Tyler Street Paving Project CATEGORY: ❑x Consent ❑ Resolution ❑x Staff Report ❑ Ordinance ❑ Contract Approval ❑ Other: BUDGET IMPACT: Expenditure Amount: $145,000 Included in Budget? Yes ❑ No ❑x ❑ Public Hearing (Legislative, unless otherwise noted) ❑ 3-Year Strategic Plan: 4 - Ensure sustainable future for public services and facilities Cost Allocation Fund: 305 CIP Street SUMMARY STATEMENT: The City received TIB grants for repaving Tyler Street in 2022. The City advertised for bids in July of 2024 for a combined Lawrence and Tyler Street paving project and did not receive bids. The City rebid the project with the Lawrene Street improvements only to make the project more attractive. Given the Lawrence Street work is now complete, the City advertised bids for Tyler Street and received six bids on 3/6/2. The attached bid tabulation illustrates the bids were reasonably close to each other thereby indicating a competitive bidding climate. Several bids had math errors which were corrected according to the bidding specifications which is not uncommon. The math errors did not change the outcome of the bids and thus staff recommends waiving the irregularities and proceeding with awarding the project to the lowest responsive bidder, Northern Asphalt with a low bid of $463,635. The budget for this project has been challenging. The project started in 2022 with a simple pavement overlay. However, the pavement condition has rapidly deteriorated and thus staff bid the project with cement treatment similar to the test patch on Lawrence Street with the goal of creating a stable subgrade ahead of paving. Utilizing cement treated base is far less expensive than digging the street out and rebuilding with gravel base. Cement treatment has proven to provide a superior street section at a lower cost. Additionally, significant sidewalk work has been completed between Lawrence and Clay Street with considerable work remaining between Jefferson and Clay Street to make the sidewalk accessible and compliant with ADA standards. This project connects Uptown to Downtown with an ADA accessible route tying into the Jefferson Street sidewalk near Haller Stairs. Unfortunately, the grant only pays for the paving work and will not pay for subgrades stabilization or additional sidewalk work. The way the bids came in, the grant funds are actually reduced thereby causing an increase in the City's obligation. In total, if the Council decides to move forward with award of the contract, the budget impact to the City is estimated at an additional $178,000 of Transportation Benefit District funds. The use of these funds for this project align well with the intended purpose as reported to the voters of fixing pavement conditions and improving non - motorized transportation. A revised budget is illustrated below showing the total project cost of approximately $732,000. Currently, the City has spent approximately $150,000 on this project which includes reconstruction of sidewalk between Lawrence and Clay Streets and design engineering. The project budget does include a small contingency amount for possible unforeseen conditions. Revenue Project Budget Project Budget Project Budget Adopted 2024 Proposed 2025 3/25 Transportation Improvement B $379,354 $379,354 $305,840 Real Estate Excise Tax $75,000 $75,000 $75,000 Trans ortation Im rovements Funded TBD $145,000 $323,000 Storm - Operation Urban Forestry $13,500 $13,500 Storm - Operations $15,000 $15,000 Total Revenue $ 454,354 $ 627,854 $ 732,340 Expense Project Budget Project Budget Project Budget Design Engineering / Permitting Desi n Consultant $37,182 $65,000 $65,000 ....................................................................................................................................................................................................................................................................................................................................................................... Subtotal $ 37,182 $ 65,000 $ 65,000 Construction n Contract $284,516 $284,516 $463,635 epair Ahead of Ove $40,000 $60,000 ring Consultant $28,452 $65,000 $50,000 air W $75,000 $75,000t Crew Storm $15,000Re lacment $13,500 $13,500 tal $ 352,967 $ 513,016 $617,135 Project Management Grant ineligible staff time ........................................................................................................................................................................................................................................................................................................................................................................ $35,000 $49,250 $25,000 Subtotal $ 35,000 $ 49,250 $ 25,000 Project Contin enc $ 28,455.00 $ - 25000 for the Arts Eli ible foE-Grants Not eli ibland Desi $ 750.00 $ 750.00 Total Expense $ 454,354 $ 628,016 $ 732,135 The City Council has the following options in response to the bids received. 1. Award the project to the lowest bidder, Northern Asphalt. 2. Reject all bids and rebid the project. 3. Reject all bids and cancel the project. Given the condition of the street pavement, staff recommends moving forward with the project. This project will set Tyler Street up for the next 20 plus years and serve the farmers' market as well as non -motorized users and vehicle traffic. Staff points out as discussed in the Comprehensive Streets program, how expensive street reconstruction when the pavement deterioration gets to a point of no return. Preservation is that antidote to this problem. Preservation paving was needed approximately 10 years ago to prevent this problem. The City did not have the funding at that time. If the City Council rejects all bids and rebids the project, there will likely be no cost savings due to the cost of engineering and rebidding. Additionally, the only way to reduce costs on this project is to remove the cement treatment. Thus, the only other option is to cancel the project which would mean returning the State grant of $306,000. Fortunately, the Transportation Benefit District funding has been coming in better than expected as reported at the January 13, 2025 City Council workshop. The proposed increase in expenditure of funding for this project does not jeopardize future projects as presented in the workshop. ATTACHMENTS: Bid Tabulation CITY COUNCIL COMMITTEE RECOMMENDATION: N/A RECOMMENDED ACTION: Move to award the Tyler Street Paving project to the lowest responsive bidder, Northern Asphalt and authorize a budget amendment in the amount of $178,000 of additional Transportation Infrastructure Funded funds. ALTERNATIVES: ❑ Take No Action ❑ Refer to Committee ❑ Refer to Staff ❑ Postpone Action ❑ Remove from Consent Agenda ❑ Waive Council Rules and approve Ordinance ❑ Other: ( ( - ) - } - } - \ - - - - - } - \ - \ - \ - \ - \ - \ - \ - ( \ \ \ § /ES 82�12 J } \ \ \ \ \ \ \ § & \ \ \ \ \ \ & \ ! - - - - - - - - - - - - - - - - - SS 8888881" 8888280 SS - - SS - - - ESSEN'S - - - - - - ssssss,� - - - - - - ; \ \ \ \ ^, \ Rrh I MMUMN : ` „ ) ) } ( ) ) ( ( ) \ } ( ( ) } [ ( \ \ ( ) ) - - - - - - - - - - - - Cl) § & 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m m 10 o a A 2 Cl) y City0f Port ' m�10 Townsen Submitted By: John Mauro, City Manager Department: Administration Agenda Bill AB25-033 Meeting Date: March 17, 2025 Agenda Item: X.0 ® Regular Business Meeting ❑ Workshop/Study Session ❑ Special Business Meeting Date Submitted: March 11, 2025 Contact Phone: 360-379-5043 SUBJECT: Setting a Public Hearing to Consider the Requested Dissolution of the Fort Worden Lifelong Learning Center Public Development Authority (FWPDA) CATEGORY: BUDGET IMPACT: ❑ Consent ❑x Resolution Expenditure Amount: $ N/A ❑ Staff Report ❑ Ordinance ❑ Contract Approval ❑ Other: ❑ Public Hearing (Legislative, unless otherwise noted) ❑ 3-Year Strategic Plan: N/A Cost Allocation Fund: 010-012 GF - City Manager SUMMARY STATEMENT: Included in Budget? Yes ❑ No ❑ The resolution before you would set a public hearing for the City Council's consideration of the dissolution of the Fort Worden Lifelong Learning Center Public Development Authority (FWPDA, PDA, or Authority) at their request and as per PTMC 2.84.120. The FWPDA has struggled since its inception to gain long-term financial viability. Despite changes in structure, leadership, and governance; enhancements to financial oversight including changes to the City code and an agreed corrective action plan; a sea change in collaboration among all parties, including the PDA, the City, State Parks, Fort Worden Hospitality, partner organizations/tenants; and a recent and robust strategic planning process, the FWPDA determined they were no longer able to operate. Per PTMC 2.84.120 and through Resolution 24.05, the PDA Board voted and agreed on August 1, 2024, to request dissolution of the PDA by decision of the Port Townsend City Council (Attachment A) which was brought to City Council on August 5, 2024. The PDA then developed, per PTMC 2.84.120(C), a Proposed Dissolution Statement (Attachment B), on October 7, 2024, which set a hearing date for October 7, 2024, following the 60- day dissolution timeline in PTMC 2.84.120. The PDA ended its operations shortly thereafter in October 2024. It is the City's understanding that the Authority met with Kitsap Bank, a creditor of the PDA's outstanding bond obligations, at least six times from the April 2024 publication of a Draft Strategic Plan (as required by the Corrective Action Plan and MOU, Attachment C), through the August 1, 2024 formal request to the City for dissolution, apprising the Bank of the financial situation and inviting them to contribute to the collaborative transition planning efforts. In addition, the City had communicated with Kitsap Bank throughout the previous years, particularly when the Port Townsend Municipal Code (2.84) was changed to enhance transparency and financial oversight in light of sudden financial challenges faced by the PDA in 2021. It was the City's impression in mid-2024 and throughout many previous months of discussion that the Bank was fundamentally in agreement with the plans being discussed about a transition of Fort Worden back to Washington State Parks, which would require a dissolution of the Authority. It was not until September 20, 2024, that the Bank demanded that the City not proceed with dissolution; this demand came as a surprise to the City, to the Authority, and to State Parks. On September 27, 2024, the Bank filed in Jefferson County Superior Court a Motion for Appointment of General Receivership over the Authority. The appointed receiver was Elliot Bay Asset Solutions. The motion triggered an automatic stay on the City Council's consideration of the PDA's request to dissolve the PDA, and the public hearing did not proceed on October 7, 2024, as planned. The filing of this Motion also came as a surprise to the City, given the communications and general conduct of the City throughout the time that the Authority, City, and Washington State Parks were attempting to develop a plan to address the financial issues facing the Authority and the Bank's minimal participation in that process. PTMC 2.84.120 specifically provides that a dissolution must be enacted by resolution and a dissolution statement as set forth in subsection (C) before the "city manager shall review the dissolution statement filed and oversee the dissolution to protect the public interest and prevent impairment of obligation or, if so authorized by law, authorize or initiate proceedings in the superior court for the appointment and supervision of a receiver for such purposes." Contrary to the Bank's assertions in its Motion for Appointment of General Receiver, the City has not been derelict in its assessment and development of a plan to address the Authority's financial issues and the preservation of the Authority's charge to preserve Fort Worden for the benefit of all. Rather, the City Code sets out the timeline for specific decisions with respect to the Authority's assets upon dissolution, which is after the dissolution is enacted by resolution — and which, at that point, had not occurred. While the PDA continued to exist as an organization (without staff or operations), by Superior Court appointment on October 4, 2024, the receiver was functionally responsible for the administration and operations of the PDA. The receiver worked over the following two months to develop a viable pathway forward for sustainable operations of the PDA and repayment of the PDA's debt, but was unsuccessful. The receiver was also unsuccessful in performing the basic administrative duties of keeping the campus operational and making payments to vendors, including payments for utilities provided by the City of Port Townsend. As the process continued through Superior Court, the City raised the issue of outstanding utility bill payments, which are, regrettably, still not fully resolved. The process also created unresolvable uncertainty for the accommodation and food concessionaire, Fort Worden Hospitality, and they decided to lay off staff and cease operations as of January 13, 2025. During this time, and because of procedural errors of the receiver, Washington State Parks was able to take back the Master Lease between Parks and the PDA.Parks subsequently terminated the Master Lease with the PDA (Attachment D), and is now working well with the City and all tenants and partners to bring back limited operations to the campus despite State Parks' major resourcing challenges and responsibilities across 123 other state parks. The receiver has filed a Motion to Distribute Funds, Approve the Final Report and Accounting, Discharge Receiver, Exonerate Bond, and Close Case. The hearing on this motion will be heard on March 21. If this motion is granted, the City will be awarded $8,002.26 for unpaid utility bills as a pro rata share of the remaining funds available to the receiver. The actual unpaid City utility bills amount to $29,638 during the two -month time period the receivership was active. By comparison, Elliot Bay Asset Solutions will be receiving $88,589.64 in pro rata distribution for $331,813.48 for their expenses over a longer time period while others involved in the receivership also receive pro rata shares of remaining funds (e.g., law firm Miller Nash will receive $39,668.47 pro rata share of $146,920.25 expenses). While it is legitimate to consider the receivership process as only a cost to all parties of valuable time and resources, its closure and the termination of the PDA's Master Lease with Washington State Parks now allows consideration of the dissolution request made by the PDA in August 2024. Presuming that the above -described motion is granted, and in compliance with the 60-day notice requirement, the public hearing can be held on May 20 or after. the resolution before you sets another public hearing dateon June 2, 2025. Further Background — as per Agenda Bill 24-124 on August 5, 2024 : 4 id=3 16&meta i..................................................... :./c - , The Fort Worden Lifelong Learning Center Public Development Authority (FWPDA) was originally chartered by the City in 2009 and then reorganized in 2011 "to provide an independent legal entity to manage, promote, develop, secure funding and enhance Fort Worden State Park." As an independent legal entity, it works in partnership with Washington State Parks through a Master Lease agreement (2013) to operate and manage the properties within the 90-acre main campus. Through this arrangement, the FWPDA provided property management and hospitality functions until 2022 when fundraising and hospitality functions were split out into separate entities (Fort Worden Foundation and Fort Worden Hospitality, respectively). A number of partner organizations, as tenants to the FWPDA, contribute to the lifelong learning center mission as well as to the vitality of the Port Townsend community and region. Many are listed here: se//fortwordeneor /our-stor trashed/onsiite- ro rams/. A more detailed historical overview, although still a summary, is provided in the recent Strategic Plan developed this past 6 months and available here: r/ 1.e. Z"407.Igor;1- W.o.r.deD r ; iic-PIan-72324- FI AI....-REPORT?biidld::::. Recent City Involvement The City has respected the independence of the FWPDA to operate the campus and to manage their financial affairs but has played an increasingly important role in providing financial oversight over the past 3-4 years. For instance, in 2021, the City Council adopted changes to the Port Townsend Municipal Code (PTMC 2.80 and 2.84) with a focus on enabling greater financial transparency and solvency, therefore also bolstering public confidence in the fiscal management of the State Park's asset. These actions established a financial reporting structure and timeline, including quarterly and annual reporting, budget oversight, ongoing financial planning, and a City Council liaison as part of the FWPDA Board. In 2022, the City endeavored, often unsuccessfully, to participate in and understand a range of operational changes made by the FWPDA, including the splitting off of hospitality and fundraising functions as well as the development of various lease agreements between the FWPDA and partners and consolidation of debt. In 2023, with growing concerns raised through the City's financial oversight role and using the new mechanisms available to it through the code changes agreed by City Council in 2021, the City initiated and drafted a corrective action plan for the FWPDA. This plan shifted format to become a Memorandum of Understanding (MOU; Attachment A) between the FWPDA, the City, and State Parks that was approached and drafted more collaboratively. The main purposes of the MOU were to identify issues of mutual concern and work toward desired outcomes and changes required to achieve the outcomes with specific actions, metrics, and accountabilities. The MOU has helped guide further work and discussion, with many items completed and in progress. That said, the resignation of the FWPDA Executive Director before the MOU was executed and turnover of key finance and administrative staff at the FWPDA contributed to lack of progress. A new interim Executive Director and new PDA board members have been highly instrumental in delivering on a cogent and concise strategic planning process and in daylighting the financial realities with a clarity and lucidity that was previously absent. This helped progress an Interlocal Agreement for the City to provide, upon request, a variety of operational, utility, and public meeting services at cost; it allowed for better coordination on the FWPDA making utility payments despite cash flow difficulties; and it helped spark an opportunity for City/Lodging Tax support for an Economic Impact Study that was sewn into the strategic plan. Unfortunately, the clarity, progress, and greatly enhanced partnership is a silver lining, as the runway for new approaches and gradual financial stabilization has dramatically shortened with cashflow not likely to sustain the FWPDA through the autumn and their very existence becoming increasingly unlikely. A highly useful summary of these largely structural issues and constraints (as well as key recommendations) are articulated in the recently adopted strategic plan, here: .b.!.t. se//fw ._ .....c gv/ !�M.e tCenter/ ii.eau/ 07/IF rt-W rden-S,tr .t ec-Pllan-72324- FIHAI....-F EPOE.12biidld:::. Anticipating this, the asset owner and Master Lease holder, Washington State Parks, has been actively engaged and collaborating with the PDA, the City, Fort Worden Hospitality, and campus partners to minimize local disruptions and impacts while planning to take over for the FWPDA and play a more operational role at Fort Worden. This has been explored in depth by a recently -established working group with non- elected leadership from State Parks, the FWPDA, Fort Worden Hospitality, Centrum (representing the partner organizations), and the City. This group has been meeting regularly for the past two months to consider options, tradeoffs, and a viable path forward. Future decision -making requires the involvement of governing bodies of all working group participants, including the Washington State Parks Commission, the FWPDA board, and City Council. Current Status, Trajectory, and Process While greater State Parks involvement is an important recent development, particularly given the $150-300m in likely facility investment needed over the next 10 years, it also comes with changes and constraints. For instance, current tenant leases through the FWPDA cannot be honored by State Parks should the FWPDA no longer exist. This would require a change in rent arrangements as State Parks must charge market rate rent to tenants, as well as a change in duration of leases from their (mostly) 25-year current terms. There are also significant constraints in the State budget, with State Parks already very stretched in serving the entire state parks system and needing legislative authorization for future investments. These issues were brought to the attention of the working group and then shared with the directors and board chairs of the tenant partner organizations. The FWPDA board met last week (July 29, 2024) to discuss State Audit results, approve the Final Strategic Plan and Economic Impact Study, and discuss potential next steps with the interagency working group. During this latter agenda item, the FWPDA board raised major concerns and signaled an interest in voting on a request to the City to dissolve the FWPDA. This was confirmed in the special meeting of the FWPDA board on August 1, 2024, which resulted in a formal vote by the FWPDA board to request dissolution by the City. Per PTMC 2.84.120(A)(1), a dissolution request is one mechanism that triggers a City Council decision -making process. PTMC 2.84.120(B) indicates that a public hearing be noticed by the City at least 60 days in advance to consider dissolution of the FWPDA. After that public hearing, City Council can consider and then decide whether or not to vote to dissolve the FWPDA. Given the dire financial realities of the FWPDA and the likelihood that preemptive dissolution would cause fewer negative impacts to the wider community than the FWPDA simply running out of funding and ceasing operations, the FWPDA has formally waived its right to 60-day notice and requested a shorter notice period to align with the likelihood of their current cash flow situation. Thus, staff recommends that City Council consider waiving the 60-day notice period and notice a public hearing concurrent with the City Council regular business meeting on September 16, 2024. Should Council wish to adhere to the 60-day notice period, staff would instead rush to notice a meeting this week in our paper of record (printed August 7, 2024), for a public hearing on October 7, 2024. Potential Impacts and Next Steps There are myriad potential dependencies in this untenable situation and many are still being explored and investigated in order to limit potential negative impacts. For instance, the anticipated negotiations of tenant leases with State Parks carries unknowns relating to market -rate rent amounts and lease durations for organization partners/tenants, as well as subsequent operational impacts on their activities. Future State Parks funding is unknown given the unpredictability of the next legislative session and a variety of factors that determine state revenue and budgets. The arrangement between State Parks and Fort Worden Hospitality and the concession agreement would likely need alteration and its duration would be unclear. Also, the FWPDA's —$6m revenue bond with payments currently due has been an insurmountable challenge on top of many others. While the City would bear no responsibility for the bond payments or debt should the FWPDA dissolve — and likely the same with any other related organizations — the impact to the local bank/bond holders as well as the regional and state agencies and markets is unknown. Final Considerations As clearly recognized in the recent strategic plan, the current situation was set into motion by poor prior decisions, many of which were made many years ago by those no longer directly involved. A pattern of obfuscating important facts, misjudging or misrepresenting financial realities, and deferring difficult decisions, is perhaps oddly reminiscent of many of the challenges the City has faced — and recently undertaken as part of our Financial Sustainability Initiative — related to streets, water, sewer, housing, parks, and the like. The benefit of hindsight, however, tempts one to stall out in laying blame and focusing on the mistakes of the past; doing so only draws away efforts to focus on the future. Therefore, while it might not need to be written/said, the importance and value of Fort Worden to the City, our community, our region, and the state is staggering and profound. The future of Fort Worden likely even more so. Working with courageous, capable, and realistic partners has helped reinforce the need to take bold and decisive action on difficult issues. The Fort Worden PDA board has taken a bold and decisive step to request dissolution in order to make way for a more stable foundation on which to build more realistic, more collaborative, and brighter future for the Fort. Council's approval of a resolution to set a public hearing date to consider dissolution of the FWPDA allows the public to weigh in before the City Council considers whether to take action toward those aims. ATTACHMENTS: Attachment A: FWPDA Resolution No. 24-05 Attachment B: Proposed Dissolution Statement Attachment C: Memorandum of Agreement Between the City, FWPDA, and State Parks Attachment D: Letter of Termination of the Fort Worden Master Lease CITY COUNCIL COMMITTEE RECOMMENDATION: n/a RECOMMENDED ACTION: Move to Approve Resolution 25-008 Noticing a Public Hearing Date to Consider Dissolution of the Fort Worden Lifelong Learning Public Development Authority (PDA) ALTERNATIVES: ❑x Take No Action ❑x Refer to Committee ❑ Refer to Staff ❑x Postpone Action ❑ Remove from Consent Agenda ❑ Waive Council Rules and approve Ordinance ❑ Other: Resolution 25-008 RESOLUTION NO. 25-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, NOTICING A PUBLIC HEARING DATE TO CONSIDER DISSOLUTION OF THE FORT WORDEN LIFELONG LEARNING PUBLIC DEVELOPMENT AUTHORITY (PDA) WHEREAS, The Fort Worden Lifelong Learning Center Public Development Authority (PDA) was originally chartered by the City in 2009 and then reorganized in 2011 "to provide an independent legal entity to manage, promote, develop, secure funding and enhance Fort Worden State Park;" and WHEREAS, The City has respected the independence of the PDA to operate the campus and to manage their financial affairs but has played an increasingly important role in providing financial oversight over the past 3-4 years with a focus on enabling greater financial transparency and solvency; and WHEREAS, With growing concerns raised through the City's financial oversight role and using the new mechanisms available to it through the code changes agreed by City Council in 2021, the City initiated and drafted a corrective action plan for the PDA that was structured as a more collaborative approach through a Memorandum of Understanding (MOU) between the PDA, the City, and Washington State Parks; and WHEREAS, A new interim Executive Director and PDA board members have been highly instrumental in delivering on a cogent and concise strategic planning process and in daylighting the financial realities with a clarity and lucidity that was previously absent; and WHEREAS, Enhanced clarity, progress, and partnership was insufficient to overcome financial and structural challenges that make the PDA's existence increasingly unlikely; and WHEREAS, The PDA board of directors voted on August 1, 2024, to request dissolution of the PDA as per PTMC 2.84.120(A)(1); and WHEREAS, The Superior Court appointment of a receiver put a stay on any consideration of dissolution of the PDA, although the receiver has sought to close the case. The hearing on this motion to close the case is on March 21; and WHEREAS, presuming the Court orders that the case is closed and the receivership is terminated on March 21, then the 60-day notice of dissolution timeframe required by PTMC 2.84.120(B) will begin to run; and WHEREAS, if the Court does not enter an order terminating the receivership, then no public hearing will be held. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Townsend that the City Council sets a public hearing to consider dissolution of the PDA at 6pm on June 2, 2025, at the regular business meeting of the Port Townsend City Council. Resolution 25-008 ADOPTED by the City Council of the City of Port Townsend at a regular meeting thereof, held this 17'h day of March, 2025. David J. Faber Mayor Attest: Alyssa Rodrigues City Clerk RESOLUTION NO, 24-05 A RESOLUTION REQUESTING DISSOLUTION BYTf IE' CITY OF'PORT TOWNSEND OF' THE FORT WORDEN LIFELONG LEARNING CI..-.,N'FER PUBLIC DEVELOPMENT AUTHORITY (FWI-,I.,C, PDA) WHEREAS, the F`Wl..1...,C PDA was originally chartered by the City of Port Townsend (the -City-) in 2009 ". . . to provide an independent legal entity to manage, promote develop, secure funding and enhance Fort Warden State Park and WHEREAS, in 2013 the PDA entered into a Master Lease with Washington State Parks ("State Parks") to operate and manage the campus area and facilities of Fort Warden State ["arks on the assumption that the campus could be successfully maintained and managed on a self- sustaining basis; and WHEREAS, the PDA then entered into subleases and other contractual relationships with the cultural and educational nonprofit organizations resident within the campus; services providers and others in the good faith pursuit of a business model for the enterprise that vvould be self-sustaining; and WHEREAS, the PDA also explored and adopted numerous strategies for achieving sustainability, including the fiormation of a companion nonprofit to raise philanthropic support; and WHEREAS, the PDA has completed several notable capital improvements to the campus but not without incurring long-term debt and other obligations to project -specific tenants; and WHEREAS, the COVID pandernic was particularly harmful by effectively eliminating hospitality revenue for an entire peak visitor season while operating and maintenance costs continued, and WHEREAS, notwithstanding the PDA's best efforts, supported by 'State and the City, to achieve its goal of sell=sustainability, it became increasingly clear to all parties concerned, specifically including State Parks and the City, that self sustainability remained elusive; and WHEREAS, confronting this reality, the PDA, together with State Parks, commissioned a Fort Worden Lifelong Learning Center Strategic Plan (the "Plan") prepared by Pros Consulting which was completed earlier in 2024; and WHEREAS the Plan effectively confirmed that the original and evolved business model as structured under the current State Parks lease is not viable; and WHEREAS, the State, the City and the PDA have all concluded, their collective best efforts notwithstanding, the current model is fundamentally flawed; and WHEREAS, the Board of Directors of the PDA (the "'PDA Board") accepts that a comprehensive reset in operation and management of the campus is now in order; and WHEREAS, consistent with these conclusions, the Board of Directors of the PDA accepts that is highly unlikely the PDA will have meaningful role going forward; and WHEREAS, consistent with recognition and acceptance of such conclusions, the PDA Board concurs in the termination of its Master Lease by State Parks; and WHEREAS, State Parks. the City and PDA now contemplate an orderly wind down and transition process concluding with the termination of the Master Lease and dissolution of the PDA. NOW, THEREFORE, be it resolved by the Board of Directors of the Fort Worden Lifelong Learning Center Public Development Authority, that it respectfully requests that the City Council dissolve the PDA and in so doing, characterize the dissolution as a no-fault dissolution due to now confirmed flawed assumptions about the potential viability of the business model contemplated under the PDA* s Charter and the State Parks Master Lease. ADOPTED by the Board of Directors of the Fort Worden Lifelong Learning Center Public Development Authority (FWLLC PDA) at a properly noticed special meeting of the Board at which a quorum was present, held this I st day of August 2024. David King, Vice Chair Tracy Garrett, Secretary October 7, 2024 0ty of Port Townsend DissoWtion Statement requorement for the Fort Worden Lifelong Learning Center Public Development Authority On August 1, 2024, the Board of Directors of the Fort Worden Lifelong Learning Center Public Development Authority (FWPDA) passed Resolution 24-05, requesting that the city council dissolve FWPDA. Pursuant to the Port Townsend Municipal Code, Section 2.84.120: Upon enactment of a resolution by the city council for dissolution of the authority, the authority shall file a dissolution statement signed by its chairperson setting forth: 1. The name and principal office of the authority; 2. The debts, obligations and liabilities of the authority, and the property and assets available to satisfy the same; the provisions to be made for satisfaction of outstanding liabilities and performance of executory contracts; and the estimated time for completion of its dissolution; 3. Any pending litigation or contingent liabilities; 4. The board resolution providing for such dissolution and the date(s) and proceedings leading toward its adoption, whenever the dissolution be voluntary; and 5. A list of persons to be notified upon completion of dissolution. Proposed Fort Worden Lifelong Learning Center Pubhc Development Authority Dissolution Statement 1. Name and principal office of the Authority: Fort Worden Lifelong Learning Center Public Development Authority, 200 Battery Way, Port Townsend, WA 98368 Debts, obligations and liabilities Please note that any and all obligations that can be paid from current funds, without jeopardizing the December Bond Payment have been paid from current funds. These checks may not have cleared yet, and bank accounts may show more funds than are in fact available. Specifically, on Friday morning, October 4, 2024, Kitsap Bank returned vendor checks for NSF and "return to maker" with no notification to FWPDA and ahead of Receivership Hearing at Jefferson County Superior Court. Total checks returned that need to be repaid = $109,233.35. Many of these vendors are small vendors who rely on these payments to get by. Others are larger local entities who nevertheless rely on good faith and credit. Further, on September 26, 2024, FWPDA staff made the interest payment for the $250,000 Line of Credit, in person at the Port Townsend branch of Kitsap Bank in the amount of $3,121.56 plus a late fee from the previous month in the amount of $156.18, totaling a payment of $3,277.74. The payment initially cleared the FWPDA Operations checking account, but on Thursday, October 3, 2024, that payment was reversed by Kitsap Bank and returned to FWPDA without any notification. Fort Word en Lifelong Learning Center Public Development Authority DRAFT Dissolution Statement to the City of Port Townsend Monday, October 7, 2024 Page 2 These actions on the part of the bank may be in conflict with the 2022 Bond Resolution which states that "The Revenue deposited into the Revenue Fund shall be used for the following purposes in the following order of priority: First, to pay Operations and Maintenance Expenses. Second, to make the required deposits into the Bond Account to pay interest due on the bond and any Future Parity Bonds. Third, to make the required deposits into the Bond Account to pay principal of and any sinking fund redemptions for the Bond and any Future Parity Bonds. Fourth, to replenish the Reserve Account and any other reserve account securing Future Parity Bonds. Fifth to pay any debt with a lien on revenue junior to the Bond and for other lawful purposes of the Authority." Debts, obligations and liabilities (detail on attached spreadsheet) i. Kitsap Rank 2022 Bond. Kitsap Bank 2022 Revenue Refunding Bond — Scheduled December 1, 2024, Principal and Interest, $152,799.99; total bond $5,973,497.98 ii. Line of Credit. Kitsap Bank 2021A Note 00104/C (Maturity Date 12/31/2025): $249,725.00. (Please see comments above regarding recent interest payment). iii. Water Bill. City of Port Townsend, Water bill, cumulative total of $65,983.50, for three months' service —June, July and August 2024, as invoiced in July, August and September 2024. iv. UMC Maintenance Contract. $40,532.63 for 2024 — Q1, Q2, Q3 monthly maintenance service beginning February 2024 (contract began January 2024). v. SAO Fees. State Auditor's Office fees for 2021 Financial Audit and 2021, 2022 and 2023 Accountability Audits all performed during 2024. $24,277.05. vi. Civic Plus. A website platform for government entities. FWPDA on a yearly contract and have been trying to get it to month -to -month prior to dissolution. $2920.94. Pending revised monthly invoice as requested August 5, 2024. vii. Credence Resource Management. Final resolution on a disputed item going back to the split between FWPDA and FWH for mobile phone charges that were not cancelled at that time by either FWPDA or FWH. $601.48. Property and assets available to satisfy same — cash assets (detail on attached spreadsheet) i. PDA Admin/Operations Checking **7811—After final payroll and all outstanding checks cleared (see below) = $24,705.05 (with $12,523.33 remaining after $12,184.04 allocated for schedule December Bond Payment (see below)). ii. Debt Service Checking **7813 - $84,876.57 iii. Debt Reserve Account **7821 - $55,739.38 iv. Intent for December Bond Payment. For the scheduled December 1, 2024, Bond Payment please use the following funds: 1. Debt Service Checking **7813 - $84,876.57 (per final AP October 3, 2024) 2. Debt Reserve **7821 - $55,739.38 3. PDAAdmin **7811 - $12,184.04 4. Total - $152, 799.99 v. Line of Credit. For the Kitsap Bank 2021A Note 00104/C — No funds available at this time for principal repayment, which is due at the end of December 2025. Please note that on September 26, 2024, FWPDA staff made the interest payment for the 2010, Battey Wiry, ➢)cart 'll'o wrise.ri , WA 98368 Fort Worden Lifelong Learning Center Public Development Authority DRAFT Dissolution Statement to the City of Port Townsend Monday, October 7, 2024 Page 3 Line of Credit, in person at the Port Townsend branch. In the amount of $3,121.56 plus a late fee from the previous month in the amount of $156.18, totaling a payment of $3,277.74. The payment initially cleared the FWPDA Operations checking account, but on Thursday, October 3, 2024, that payment was inexplicably reversed by Kitsap Bank and returned to FWPDA with no explanation. vi. Intent for FWH Q3 2024 Concession Fees and Water Roll. City of Port Townsend Water Bill, cumulative total of $65,983.50 to be paid from Fort Worden Hospitality (FWH) Q3 2024 Concession Fees. FWH Q3 closed on Monday, September 30, 2024. Contractually, FWH has 45 days in which to close out it's quarter, send financial statements to FWPDA who then invoices for the Concession Fees. In light of the timing of the dissolution, FWH has agreed to complete their quarter closing within 10 business days of quarter close, which would be Monday, October 14, 2024. In the FWPDA 2024 Restated Realistic Budget, Q3 2024 Concession Fees were estimated at $64,341.00 which is very close to the $65,963.50 owed to the City for three months' water bills. It is the intent of FWPDA to have these outstanding water bills paid by the FWH Q3 2024 Concession Fees. Please note that the 2022 Bond Resolution, Section 5 states that: "The Revenue deposited into the Revenue Fund shall be used for the following purposes in the following order of priority: First to pay Operations and Maintenance Expenses. Second to make the required deposits into the Bond Account to pay interest due on the Bond and any Future Parity Bonds. Third to make the required deposits into the Bond Account pay principal of and any sinking fund redemptions for the Bond and any Future Parity Bonds. Fourth to replenish the Reserve Account and any other reserve account securing Future Parity Bonds. Fifth, to pay any debt with a lien on revenue junior to the Bond and for other lawful purposes of the Authority." vii. Diane Moody Restitution. On August 2, 2024, Jefferson County Superior Court awarded the Fort Worden Public Development Authority "or its successor" $39,416.60 in restitution. Upon receipt of these funds please allocate to pay UMC for 2024 Maintenance Contract or other outstanding obligations for Operations and Maintenance expenses. c. Non -cash assets i. Property. Approximately $60,000 in Furniture, Fixtures and Equipment (See attached spreadsheet) ii. Master Lease with Washington State Parks. Please note that at this time, FWPDA is in default with the Master Lease and has been noticed of that default on September 27, 2024. FWPDA is not in a position to remedy the default. iii. FWH Concession Agreement. Please note that at this time, FWH is in default with the FWPDA Concession Agreement and has been noticed of that default on September 30, 2024. FWH may not be in a position to remedy the default. iv. Tenant Sub -Leases. All Tenant sub -leases are tied to the Master Lease with State Parks. If the Master Lease is terminated, due to default identified above, then all tenant leases and the FWH Concession Agreement cease to be valid. At this time, 2010, Battey Wiry, ➢)cart 'll'o wrise.ri , WA 98368 Fort Worden Lifelong Learning Center Public Development Authority DRAFT Dissolution Statement to the City of Port Townsend Monday, October 7, 2024 Page 4 the only leases requiring rent payments are the Makers Square leases and a couple of small leases in Building 200. Any pending htlgatlon or contingent liabffltles® a. FWH. Our financial statements show an aging receivable from Fort Worden Hospitality for $356,245.28. This amount will not be paid due to an unresolvable dispute between Fort Worden Hospitality and FWPDA over an unexecuted Additional Services Agreement in 2023 between the two entities for the provision of campus -wide maintenance. Because FWPDA is public and governed by specific finance and accounting rules, we are unable to remove this Aging AP from our books as 2022 and 2023 financial statements had already been submitted to the SAO prior to the board resolution requesting dissolution. b. Washington State Parks and Recreation Commission. Per the Master Lease, after a waiver through May 2023, FWPDA was to be paying Parks 3.5% of gross revenues (not including reimbursements for expenses or any revenue from Parks. Gross revenue calculated from June 1, 2023, through September 17, 2024, is $240,970.23, and 3.5% of that is $8,433.96. FWPDA has not paid this obligation to Parks as we have not been paid by FWH as per the above, and as such, are in default of the Master Lease. c. Terry's Lock and Key. In fulfilling an obligation to KPTZ in early October 2024, FWPDA had a programmable keypad lock installed in their front door inside Building 305 that had been committed a year ago. As of this writing, Terry's Lock and Key has not yet produced an invoice although we have an initial estimate of $4,293.69 including sales tax. With the transition to Parks, Parks had indicated a potential willingness to pay for this. Payment for this obligation can also be made from the remaining $12,523.33 in the PDA Admin Account. 4. FWPDA Board Resolution 24-05 Requesting Dissolution of FWPDA is attached. 5. Upon Dissolution, please notify the following: a. Washington State Parks and Recreation Commission Mike Sternback Deputy Director Washington State Parks and Recreation Commission 1111 Israel Road S.W. P.O. Box 42650 Olympia, WA 98504-2650 Ir71111ie zt r n [)c G <� � C:�c lr'k we 1.QDv ......, b. Washington State Secretary of State's Office Washington Secretary of State Corporations and Charities Division 801 Capitol Way South PO Box 40234 Olympia, WA 98504-0234 (360) 725-0377 corps@sos.wa.gov 2010, Battey Wiry, ➢)cart 'll'o wrrse.ri , WA 98368 Fort Word en Lifelong Learning Center Public Development Authority DRAFT Dissolution Statement to the City of Port Townsend Monday, October 7, 2024 Page 5 c. State Auditor's Office Amy Strzalka Washington State Auditor's Office Insurance Building, P.O. Box 40021 Olympia, WA 98504-0021 strzalkaa@sao.wa.gov 564-999-0950 d. Enduris (insurance) Eric Swagerty Member Relations Representative enduris 1610 S Technology Blvd, Suite 100 Spokane, WA 99224 eswagerty@enduris.us C. 509.290.7487 D. 509.252.2481 T. 800.462.8418 F. 509.747.3875 2010, Battey Way, ➢)cart 'll'o wrise.ri , WA 98368 O OFl cn Lnl�0 N n Ol O w n 00 r- LD rq -1 M Ln 0O Ln wt rNi r-I ri ri Rt N N M M \ \ O O r-I � N N U U C c f6 � m m N N U i LN In a c v E a Cl- CIO Ln NN H i v v v z v U G v Q Ol M Ln Cl M O -i c I 0) M O to ;`,' 00 0) N Ln O Rt O lI r-I r-I a-+ L O O C _ O O C: 41 d d 0 C C U N 4.1 4.1 U H H L R, FWPDA Balance Sheet 10/4/2024 ASSETS Current Assets Checking/Savings 3083100 Restricted Cash KB Debt Reserve 7821 Total 3083100 Restricted Cash 3085100 Committed Cash KB Debt Service 7813 Total 3085100 Committed Cash 3089100 Unassigned Cash KB Operations 7811 Petty Cash 3089100 Unassigned Cash - Other Total 3089100 Unassigned Cash Total Checking/Savings Other Current Assets Undeposited Funds Total Other Current Assets Total Current Assets TOTAL ASSETS LIABILITIES & EQUITY Liabilities Current Liabilities Accounts Payable Accounts Payable Total Accounts Payable Credit Cards Kitsap Visa- Tell Kitsap Visa- Timmons Total Credit Cards Other Current Liabilities Accrued Leasehold Tax Compensated Absences Notes Payable Kitsap Bank LOC Total Notes Payable Sales Tax Payable Total Other Current Liabilities Total Current Liabilities Total Liabilities Equity Opening Balance Equity Retained Earnings Net Income Total Equity TOTAL LIABILITIES & EQUITY Oct 4, 2024 55,741.67 55,741.67 84,876.57 84,876.57 42,678.74 0.00 -14,739.51 27,939.23 168,557.47 0.00 0.00 168,557.47 168,557.47 -11,058.17 -11,058.17 0.00 -12.11 -12.11 414.82 2,135.48 249,725.00 249,725.00 621.12 252,896.42 241,826.14 241,826.14 254,228.04 -179,200.57 -148,303.16 -73,275.69 168,550.45 � t v O w i\ N ¢r 'rZ N G N G\ rz U G 00 z O z 00 i cz 00 z LiO O N 0 N Y O N � z o� � z o� � E o•c.,. c 1= ° ° a� a� Ln Ln Q Q N N L O L 0 a-L � d O 3 0 3 0 s a o a o o 0 0 c c Q C: Q C: i6 m E N f6 i6 c0 C L f6 O N N O O N N Q O U L Q N N 0A O O ON (6 II C N N L f6 s (6 W C s ' N s C 0 E 'a O L 0 L C: O Q 41 m N L N 'a_ m L U +, O U L N 00 0 L 0 > I_ 'O > O N C > u > u N O 'a N u `~ !E 00 0 0 U s c 4� Q Q U •> L � O Q L O 0 �' aC y C � � C f6 U U L N >. 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For many years, the PDA has not been able to realize the vision of the Lifelong Learning Center, experiencing a series of financial challenges made worse by the COVID-19 pandemic. In an effort to turn things around, the PDA attempted to distribute liability by refinancing debt into revenue bonds, splitting off the Fort Worden Foundation (FWF), establishing Fort Worden Hospitality (FWH) and entering into long- term tenant leases with maintenance, repair and capital responsibilities in lieu of rent. While well intended, this decision further exacerbated the PDA's financial issues, leaving us without a revenue stream to maintain operational viability. In January, we kicked off the PROS Consulting Fort Worden Strategic Plan, which was finalized last month. The plan includes a high-level analysis of past and current operations, partner and community relationships, and identifies future development opportunities. The PROS plan ultimately concluded that after 16 years the Lifelong Learning Center as currently implemented is not economically viable and requires rethinking and restructuring to ensure the future of the Fort Worden experience. 200 Battery Way, Port "Fawn end, yYJA 98368 As a result of the draft plan, the PDA formed a working group with the City, Parks, FWH and Centrum. The working group quickly identified the need for a three-year bridge plan to realistically work toward implementing the longer -term PROS plan. As the group was working through multiple scenarios for a three-year plan, it became clear that the PDA's financial circumstances would prevent it from being an effective partner in any scenario, and that Parks should resume operations of the Lifelong Learning Center at Fort Worden for the near term. This conclusion is what led to Thursday's vote. In the PDA's resolution that was voted on Thursday, the PDA has respectfully requested that the City Council characterize the dissolution as a "no-fault" dissolution based on the confirmed flawed assumptions about the potential viability of the business model contemplated under the PDA's City Charter and State Parks Master Lease. I want to acknowledge the close collaboration of the City, particularly Council Member Wennstrom who serves as the PDA's City Liaison and City Manager Mauro, both of whom have served in official financial oversight capacities. Council Member Wennstrom has been a tireless contributor with nearly perfect attendance at both Board of Directors and Finance and Audit meetings, always asking insightful questions and sharing hard earned knowledge and wisdom. As a key member of the working group, City Manager Mauro made himself available at all times, on short notice and has contributed significantly to collaborative strategizing and due diligence on what the City can and can't do. With new agency leadership over the last two years, Parks has also been a key collaborative partner throughout the process to date. In the near term, Parks will be taking over campus operations while developing a detailed action plan towards the realization of the PROS Strategic Plan. Just in the last two weeks, Parks has already been mobilizing their team to support the transition. We are working closely with Parks to ensure an orderly transition, minimizing any disruption to the public and visitor experience that our community knows and loves at Fort Worden. We look forward to working with the City and Parks as we move through this collaborative process. Respectfully, t Celeste Tell (she/her) Interim Executive Director Fort Worden Lifelong Learning Center Public Development Authority 200 Battery Way Port Townsend, WA 98368 360-344-4403 x510 200 Battery Way, Port "Fawn end, yYJA 98368 RESOLUTION NO, 24-05 A RESOLUTION REQUESTING DISSOLUTION BYTf IE' CITY OF'PORT TOWNSEND OF' THE FORT WORDEN LIFELONG LEARNING CI..-.,N'FER PUBLIC DEVELOPMENT AUTHORITY (FWI-,I.,C, PDA) WHEREAS, the F`Wl..1...,C PDA was originally chartered by the City of Port Townsend (the -City-) in 2009 ". . . to provide an independent legal entity to manage, promote develop, secure funding and enhance Fort Warden State Park and WHEREAS, in 2013 the PDA entered into a Master Lease with Washington State Parks ("State Parks") to operate and manage the campus area and facilities of Fort Warden State ["arks on the assumption that the campus could be successfully maintained and managed on a self- sustaining basis; and WHEREAS, the PDA then entered into subleases and other contractual relationships with the cultural and educational nonprofit organizations resident within the campus; services providers and others in the good faith pursuit of a business model for the enterprise that vvould be self-sustaining; and WHEREAS, the PDA also explored and adopted numerous strategies for achieving sustainability, including the fiormation of a companion nonprofit to raise philanthropic support; and WHEREAS, the PDA has completed several notable capital improvements to the campus but not without incurring long-term debt and other obligations to project -specific tenants; and WHEREAS, the COVID pandernic was particularly harmful by effectively eliminating hospitality revenue for an entire peak visitor season while operating and maintenance costs continued, and WHEREAS, notwithstanding the PDA's best efforts, supported by 'State and the City, to achieve its goal of sell=sustainability, it became increasingly clear to all parties concerned, specifically including State Parks and the City, that self sustainability remained elusive; and WHEREAS, confronting this reality, the PDA, together with State Parks, commissioned a Fort Worden Lifelong Learning Center Strategic Plan (the "Plan") prepared by Pros Consulting which was completed earlier in 2024; and WHEREAS the Plan effectively confirmed that the original and evolved business model as structured under the current State Parks lease is not viable; and WHEREAS, the State, the City and the PDA have all concluded, their collective best efforts notwithstanding, the current model is fundamentally flawed; and WHEREAS, the Board of Directors of the PDA (the "'PDA Board") accepts that a comprehensive reset in operation and management of the campus is now in order; and WHEREAS, consistent with these conclusions, the Board of Directors of the PDA accepts that is highly unlikely the PDA will have meaningful role going forward; and WHEREAS, consistent with recognition and acceptance of such conclusions, the PDA Board concurs in the termination of its Master Lease by State Parks; and WHEREAS, State Parks. the City and PDA now contemplate an orderly wind down and transition process concluding with the termination of the Master Lease and dissolution of the PDA. NOW, THEREFORE, be it resolved by the Board of Directors of the Fort Worden Lifelong Learning Center Public Development Authority, that it respectfully requests that the City Council dissolve the PDA and in so doing, characterize the dissolution as a no-fault dissolution due to now confirmed flawed assumptions about the potential viability of the business model contemplated under the PDA* s Charter and the State Parks Master Lease. ADOPTED by the Board of Directors of the Fort Worden Lifelong Learning Center Public Development Authority (FWLLC PDA) at a properly noticed special meeting of the Board at which a quorum was present, held this I st day of August 2024. David King, Vice Chair Tracy Garrett, Secretary 01 Y eport X,h risen FINAL Memorandum of Agreement Fort Worden Lifelong Learning Public Development Authority, City of Port Townsend and Washington State Parks and Recreation Commission Agreement This Memorandum of Agreement ("MOA") is being developed by and for the Fort Worden Lifelong Learning Public Development Authority (FW PDA) as a means for the parties to support the FW PDA in fulfilling its duties and obligations to the Parties herein. The Parties to this agreement consist of: 0 Fort Worden Lifelong Learning Public Development Authority (FW PDA) • The City of Port Townsend (the City) 0 The Washington State Parks and Recreation Commission (State Parks) This MCA is developed and implemented to mutually define the issues described below and for the parties to take specific action steps to: a Identify specific issues and areas of mutual concern 0 Describe the desired outcome for each identified issue, and the changes required to achieve the desired outcome based on agreed upon improvement metrics • Make recommendations for actions or next steps required to accomplish each change as noted above • Identify who is responsible for implementing each recommended action or next step Context In late 2021, the City established a financial reporting structure and timeline, which included quarterly and annual reporting, budget oversight, and ongoing financial planning for the FW PDA. Recent staffing and other challenges over the past several months have negatively impacted FW PDA's ability to meet its required financial reporting timelines, including the annual report due three months after the end of the FW PDA fiscal year. The primary goal of this MCA is to create a better understanding amongst the Parties of the FW PDA's needs to maintain a sustainable financial position, with the key objective to identify potential fiscal problems in a timely way. Reporting requirements are intended to provide timely insight into the FW PDA's financial situation by reliably meeting required monthly, quarterly and annual reporting requirements. They are not intended to be punitive or onerous, but rather to give all Parties to this MCA a clear and accurate picture of the FW PDA's finances. Ancillary to the primary goal of this MCA is for the Parties to increase public confidence in the fiscal management of the State Park's asset. September 28, 2023 Page 1 of 5 FINAL Memorandum of Agreement between Fort Worden Lifelong Learning Public Development Authority, City of Port Townsend, and Washington State Parks and Recreation Commission Action Items This MOA is intended to establish timelines, in order for the FW PDA to provide its required reporting to State Parks and the Port Townsend City Council and sets forth the following actions to reach this outcome: 1. The City convenes the Financial Oversight Committee (FOC) as the primary financial oversight mechanism. The FOC is comprised of representatives of the Parties to this MOA. 2. The FOC has agreed that meeting more frequently would help the Parties collaborate more effectively. Beginning in June 2023, the FOC will meet monthly on an ongoing basis. 3. Once the FOC finds that the financial situation of the FW PDA has stabilized, and quarterly reporting is happening on a regular and consistent basis, the FOC shall revert back to its original role and meeting frequency. The following details a set of initial actions mutually agreed to by State Parks, the City and the FW PDA, as part of their shared fiscal oversight responsibility for the FW PDA. This MOA lists four action items: A. Action Item: Providing meeting materials in B. Action Item: Monthly reporting and alignment of reporting dates to other parties C. Action Item: Increase FW PDA Board of Directors to at least 9 members D. Action Item: Create a written business plan demonstrating a path towards financially sustainable operations of the Fort Worden campus A. Action Item: Iprovi ing meeting materials in advance Assigned To: FW PDA and the City Priority High (Critical, High, Medium, Low): Policy/Legislative Action The FW PDA may wish to request code modification(s) to change Required? reporting timing for greater efficiency and improved alignment with State Audit reporting requirements. Expected Action Plan ...................... ......... . Immediate Implementation Date: i,t 'ut' rancv tier ar 17on Or,rn i, floro pletc, f'or Actual Date Implemented: oj' docy ,Ir7r.'r1 f m ionof'rrri;r deloy or nrcejcrrfrr,r7 r,t' 0)(1, Irri�rlr�r�rir:°rlrrfirrr.J Action Steps: 1. The FW PDA will provide required financial materials to the Financial Oversight Committee (FOC) one week in advance of scheduled FOC meetings. FOC Meeting dates have been set to align with the cadence of FW PDA Finance Committee and FW PDA Board Meetings. 2. The FW PDA has requested assistance to create a structured financial statement template that could be easily populated from QuickBooks, the FW PDA financial system of record. State Parks and the City will assess means to assist in providing such a template. 3. The City will create a document detailing meeting dates and agreed -upon report due dates through Fiscal Year 2024. Monitoring and Evaluation: The FOC will monitor implementation of these action steps and verify that the improvement metrics above have been met. September 28, 2023 Page 2 of 5 FINAL Memorandum of Agreement between Fort Worden Lifelong Learning Public Development Authority, City of Port Townsend, and Washington State Parks and Recreation Commission B: Action Item: Monthly reporting and alignment of re orting dates to other arties Assigned To: FW PDA Priority High Critical High, .._....._........................... g , Medium, Low): Policy/Legislative Action No Required? Expected Action Plan Immediate Implementation Date: Actual Date Implemented: dr, ur��°xnCr"firs"o m,)Y6" k)yorocc le: rlmr )ofthr,irr"lrl�tnr�i,i.rati rr""r"�,r> r,l. fll I " raft,' )nr' P� e F�',f'lnn frn / IYYJ Jlf rllf^1")tr°l fJl"1rA '"iril'rin�ttr� ru" l r1, A Action Steps: 1. Based on the action steps for item A above (providing meeting materials in advance) the FW PDA will prepare a report on these required financial reporting and coordinating reporting dates of the FW PDA to State Parks, the State Auditor's Office (SAO), the City and others for consideration of possible code revisions to achieve better alignment of reporting obligations. 2. To facilitate alignment of reporting dates, State Parks and the City (or a third -party agent acting on their behalf) will be given additional access to financial statements as requested, particularly with the aim of helping improve templates and structures. Monitoring and Evaluation: The FOC will monitor implementation of these action steps and verify that the improvement metrics above have been met. F�.. ��•. Action Item: Increase FW PDA Board of Directors to at least 9 members Assigned To: Nomination Committee and Port Townsend City Council Priority (Critical, High, High Medium, Low): Policy/Legislative Action No — FW PDA required to have a board between 7 and 11 members (currently Required? at 6) Expected Action Plan August -September 2023 Implementation Date: Actual Date Implemented: (l it>ted r or , r nrr� /h or "fir �� it rrr r ��:alr.rr�r rr rr� nr),,t docurn(.Motua o 1f on), ,.leirrr oi,o c k,V' Pion of lair Action Steps: Increase the FW PDA board of Directors size to at least nine members, to help provide continuity of decision -making and effective governance as the organization moves through transition and change over time. The City will call a nominating committee meeting, and the mayor will appoint at least three additional board members. Monitoring and Evaluation: The City is responsible to recruit and appoint FW PDA Board Members. Improvement Metric and Timeframe: The FW PDA Board will be at nine seated members by December 2023. September 28, 2023 Page 3 of 5 FINAL Memorandum of Agreement between Fort Worden Lifelong Learning Public Development Authority, City of Port Townsend, and Washington State Parks and Recreation Commission D: Action Item: Create a written business plan demonstrating a path towards financiall sustainable operations of the Fort Worden campus . ............... Consisting of: An agreed system of cost allocation for sharing utility and maintenance costs among all Fort Worden Campus leaseholders and stakeholders. Action Item: A written two-year plan for sustainable financial management of the Fort Worden Public Development Authority, in support of the master lease with WA State Parks. s i Assigned To:agreement w FW PDA Board, with input andfrom FW Campus Shared CostTaskForce Priority (Critical, High, Critical Medium, Low): Policy/Legislative Action Required? _... No _................................ Expected Action Plan __._........ ............ ............._........................... November 30, 2023 Implementation Date: Actual Date Implemented: e d n'Y'(t i(,) l �rlc' t rf,rr��.,� ��rir al r m of hr� r, i ron r. !r , C ("N (dYf�c'n Pelf" lbr' Il 1 alr."111 !"1�l[P1t'IY1. Action Steps: NOTE: The FW Campus Shared Costs Task Force, consisting of representatives from the partners, FW Hospitality, WA State Parks, and FW PDA, was created at a July 9, 2023 meeting of FW PDA leadership, campus partners and FW Hospitality, specifically for the purpose of developing an agreed -upon model for sharing campus utility and maintenance costs. 1. The FW PDA will partner with the FW Campus Shared Costs Task Force to develop a plan for sharing utility costs agreed to by campus partners for the 2024 calendar year. 2. The FW PDA will partner with the FW Campus Shared Costs Task Force to develop a plan for sharing maintenance costs agreed to by campus partners for the 2024 calendar year. 3. The FW PDA will create a written plan detailing how it plans to sustain itself financially over the next two-year period (calendar years 2024-2025) and deliver that plan to the City of Port Townsend and State Parks by November 30, 2023. 4. The FW PDA will partner with WA State Parks to plan and develop a process for creating a long-term strategic plan and long-term maintenance plan for Fort Worden with a goal of that planning process starting in early 2024. Monitoring and Evaluation: The FOC will monitor implementation of these action steps and verify that the improvement metrics above have been met. September 28, 2023 Page 4 of 5 FINAL Memorandum of Agreement between Fort Worden Lifelong Learning Public Development Authority, City of Port Townsend, and Washington State Parks and Recreation Commission Improvement Metric and Timeframe: By November 30, 2023, the FW PDA will have adopted written agreements for cost sharing of utilities and maintenance costs with the FW Campus partners and FW Hospitality. By November 30, 2023, the FW PDA will deliver to the City of Port Townsend and WA State Parks a written business plan detailing its plans for financially sustainable operations for calendar years 2024-2025. By January 31, 2024, FW PDA and WA State Parks will have met to develop a process and anticipated timeline for creating a long-term strategic planning effort. Other matters of mutual interest The Parties agree that other matters of mutual interest require additional help and support. These could be incorporated by modification of this MCA or may be developed separately to address alignment and resolution to matters of mutual concern to the Parties. These matters include, but may not be limited to, assistance and support with: • Establishing a mutually beneficial working relationship between the FW PDA and FW Hospitality • Initiating and actively engaging in a process of long-term strategic planning • Developing a team -based approach for grant applications, including monitoring the expenditure of restricted grant funding • Establishing a process for open communication and timely consultation on future finance measures • Establishing a process for open communication and timely consultation on, and establishing funding for, capital projects and major capital repairs Signatures: Celeste Tell Interim Executive Director, Fort Worden PDA 10-04-23 Date John Mauro, City Manager, City of Port Townsend 9.28.23 Date Mike Sternback Deputy Director Washington State Parks _10/2/23 Date September 28, 2023 Page 5 of 5 ST E 7A,, OF> Diauunu IIDupulis 1y oy Direc,toir I.......HI III ..MIL.. GN SIIL.. III III 1111III IIIIII ' III�IIL.. III III ICE ICE IIS &I III 1111 Ilsir aO Road S. . * P.0 111ux di'65 @ Oyrglps a A a1850d °650 * (360) 902 ..8 D1 Devkii e foir the Deaf800 833 6388 www.parks.statema.us February 14, 2025 VIA US CERTIFIED MAIL Executive Director Fort Worden Lifelong Learning Center Public Development Authority (the PDA) 250 Madison Street, 2nd 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 — 130th Avenue Northeast Suite 102 Bellevue, WA 98005 C/O John Knapp David Neu Miller Nash LLP Attorneys for the Receiver 605 5t" Ave. S, Ste. 900 Seattle, WA 98104 David.Neu@MillerNash.com John.Knapp@MillerNash.com Subject: Fort Worden Historical State Park — 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 PDA's 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 PDA's defaults under the Master Lease, dated September 27, 2024, was previously issued to the PDA. These defaults have continued and additional defaults have occurred, as the 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 Receiver's 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 PDA's 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 Receiver's 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 General's 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 ff!)\2! !k5§�§{ /#z:!!« ; \ \\ E o 15 o [ _ a\§;;y{ $f{fE}mw { ® E\ f7(}(r - {BEwooE {} _ :!!l=22 - )®E \ \\\\�\\\\ k {({){\\ f {l,:fo-- M § _-)(5} �An o (®tf \{\\)o 2\§] & �\�\\/\)\ 22m®f§+z! { §\7{{!{2 o )f \\\\\o \ } \\\�\\\�\ \ \\�\\\}\o ` %JME < mo \ \ /\\\\{})j ( iD - E ®k!(w mwE - I§E E m— :: 20 32#3ts=!§! o It k. t /( �) #� J+ ( !;;luM g /«![\ :_�_ \\ Ik \{ k\ } \\ \\\\\\}} a+ T O W T O V O O V Y O 1- O O O Vl Vl Vl W � Vl II 7 5 O i 7 7 7 00 U d - _ T c O V O O O a, O Q O - - O o m m m o o f0 o - Q 3 o 0. o E - o° w `° m m 0 a o° n -o m 0 o ._ m 0 0 - o - - o °' o m -o -o m o° a E E E E E oo E E - - o 0 o o o E o o o ,n o - > > > > > > > > > > > > > > > > > > > > > > > > > > > > T N C U) > I l O O O E Q cu O - EO W O m m o w o o o - g � o 0 N 'o o 0 0 o ¢ o o m o 'o E o 2 `O U N Q C V '6 p Y bD C C s o O m O O E — O E ° o E 3 E `o oo m m on s a a a a a D a O o s o o O o O o o o o \ $ a a a a O c o m a o 0 o°n = o 0 'o a m C b0 2 0 V Q F O oL E oL oL oL p ++o oOL O V O oL O oOL oOL oOo c CO O O O O h h h O O O � C a U O cl� � N j CZ N C O cz 4) O U 3 N O N 41 O O 3 O' Q = L C G O N . iz, j N y a oc' O a oa E � c N O O O L O O N v Oi .i Ocz GL O O N O N 3 Oi N O 'O j O U cz O N N T .� N p Q O O C + c N G > v a E O L J a O O, 3 N p Y C N o O E E Y CO a> V OU C O c V C U N 'O � G O N O U +- N vi a O i O O `1 .- J h0 tp U t Q Q O O � V N s N G O N p O U O -, N C O c u O t O O U O 3 y T L um N a)U3 V C Ui a O Y UO N 4) O c t > > U) io a=.. 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